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DEPARTMENT OF COMMERCE AND LABOR
BULLETIN
OP THE
BUREAU OF LABOR
NO. 85—NOVEMBER, 1909
ISSUED EVERY OTHER MONTH
WASHINGTON
GOVERNMENT PRINTING OFFICE
1909
CONTENTS.
Page.
Review of labor legislation of 1908 and 1909, by L. D. Clark, A . M ., LL. M .:
In trodu ction ...........................................................................................................
Com m issions...........................................................................................................
E m ployers’ lia b ility .............................................................................................
A ction for personal in ju rie s...... .......... .*..........................................................
A cciden ts.................................................................................................................
N egligence o f em ployees.....................................................................................
Bureaus o f la b o r ...................................................................................................
Inspection o f factories and protection of em p loyees....................................
P rotection o f em ployees on bu ild in gs..............................................................
M ine regu lation s...................................................................................................
R a ilroad s.................................................................................................................
Street railw ays.......................................................................................................
Regulation o f the contract o f em ploym ent......................................................
B lacklisting, interference w ith em ploym ent, e tc ..........................................
A rbitration o f labor disputes
.................................................................
C ivil rights of em ployees.....................................................................................
Exam ination and licensing o f w orkingm en....................................................
E m ploym ent o ffic e s .............................................................................................
Em ploym ent on public w ork s...........................................................................
E m ploym ent o f children and w om en .............................................................
..........................
Labor organizations.....................................................
W ages.......................................................................................................................
H ours o f la b o r .......................................................................................................
Sunday la b o r ................................................................
Laws of various States relating to labor enacted since January 1, 1908:
A la b a m a .................................................................................................................
A riz o n a ...................................................................................................................
A rkan sas.................................................................................................................
C alifornia.................................................................................................................
C o lo ra d o ................................................................................................................
C onnecticut.............................................................................................................
D elaw are.................................................................................................................
D istrict o f C olum bia.............................................................................................
G e o rg ia ...................................................................................................................
H aw aii...................................................................
Id a h o .......................................................................................................................
I l l i n o i s ................................................................................................................
In d ia n a ...................................................................................................................
Io w a .........................................................................................................................
K ansas.....................................................................................................................
K e n tu ck y ...............................................................................................................
Louisiana.................................................................................................................
h i
455,456
456,457
457-460
460
460,461
461,462
462,463
463-467
467
468-471
471-473
473,474
474,475
475,476
476,477
477,478
478,479
479-482
482,483
483-491
491,492
492-495
495,496
496
497
497-500
500-502
503-511
511-523
523-528
528-531
531,532
532,533
534
534-539
539-561
562-572
572-576
576-580
580-587
587-601
IV
CONTENTS.
Law s of various States relating to labor enacted since January 1,1908— Cont’ d. page.
M ain e..........................................................................................................................601-611
M aryland....................................................................................................................611,612
M assachusetts............................................................................................................612-629
M ich igan ................................................................................................................. 629-641
M innesota............................................................................................................... 641-648
M ississippi............................................................................................................... 648-650
M issouri................................................................................................................... 650-656
M on ta n a ................................................................................................................. 656-665
N ebraska................................................................................................................. 665-669
N evada..................................................................................................................... 669-674
New H am p sh ire................................................................................................... 674,675
New J ersey................................................................................................
675-681
New Y o r k ............................................................................................................... 681-693
N orth Carolina....................................................................................................... 693-696
N orth D akota......................................................................................................... 697-700
O h io ......................................................................................................................... 700-710
O k lah om a............................................................................................................... 710-745
O reg on ..................................................................................................................... 745-748
P en n sylvan ia......................................................................................................... 748-756
P hilippine Islands........ ........................................................................................ 756-759
P orto R ic o ............................................................................................................... 759-761
R h ode Isla n d ......................................................................................................... 761-764
South C arolina....................................................................................................... 764-769
South D a k ota ......................................................................................
769-771
Tennessee................................................................................................................. 771-774
T e x a s ....................................................................................................................... 775-786
Utah ......................................................................................................................... 786-789
790
V erm ont .....................................................................................................................
V irg in ia ................................................................................................................... 790-792
W ashington............................................................................................................. 792-803
W est V irgin ia.............................................................................................................
803
W iscon sin ............................................................................................................... 804-811
W yom ing................................................................................................................... 811-814
U nited States............................................................................................................. 814-816
Cumulative index of labor law s and d ecision s relating th ereto.............................817-848
Index to volum e 19 ......................................................................................................... 849-857
B U L L E T IN
OF THE
BUREAU
No. 85.
OF
LABOR.
WASHINGTON.
Novem ber,
1909.
REVIEW OF LABOR LEGISLATION OF 1908 AND 1909.
B Y L IN D L E Y D. C L A R K , A . M ., L L . M .
IN TRO D U CTIO N .
The Twenty-second Annual Report o f the Commissioner o f Labor
presented a compilation o f the labor laws o f the United States and
o f the various States and Territories in force at the close o f the year
,1907. The text o f these laws was in the main reproduced in full,
though those relating to a few subjects were presented in the form o f
[digests and summaries (see pages 15 to 118 o f the above-named
report). The publication o f current legislation in successive issues
o f the Bulletin o f the Bureau has been discontinued, and enactments
o f the legislatures o f 1908 and 1909 coming under the head o f jabor
laws are published in the present Bulletin, making it, in effect, a
supplement to the Twenty-second Annual Report. Any labor laws
that may have been passed by the legislature o f the Philippine
Islands o f 1909 are omitted, because their session laws were not avail
able. Laws similar to those digested and summarized in the Twentysecond Annual Report have also been omitted for the most part in
this Bulletin. It is the purpose o f the present article to present in
the form o f a brief review the principal points o f the labor legisla
tion o f the past two years, showing the changes in previous laws
and indicating the trend o f new or additional legislation.
As is natural to expect, there is a constant tendency toward uni
formity in the legislation on any given subject, as well as toward the
attainment o f a generally higher standard. The effects o f such a
tendency maybe observed in the legislation now under review, notably
in connection with legislation on the subject o f the liability o f em
ployers for injuries to their employees, child and woman labor,
safety appliances on railroads, wage assignments, and employment
offices both public and private.
455
456
BULLETIN OF T H E BUREAU OF LABOR.
In three States (Massachusetts, chap. 514, (a) Michigan, No. 285,
and New York, chap. 36) the legislatures o f the current year
revised and codified the labor law o f the respective States, the first
and last completely and the second to a less extent. Comparatively
few changes were made in connection with these codifications, the
work being principally that o f consolidation. The changes made,
where material, are noted under the proper heads under which
the laws generally have been considered.
COMMISSIONS.
Laws o f a temporary character were enacted in several States,
in the years under consideration, providing for commissions on sub
jects directly connected with labor, the duties o f such commissions
being either to investigate the conditions of labor in some designated
field and report thereon, or to draft laws to regulate employment in
certain industries, or both. The subject o f the liability o f employers
for injuries to employees and the proper compensation for such inju
ries was referred to such commissions in the States o f Minnesota
(chap. 286, 1909) and New York (chap. 518, 1909). In Minnesota
the governor was directed to appoint a commission o f three members,
one an employer, one an employee, and the third a man “ learned in
the law,” this commission to make investigations and recommenda
tions looking toward the provision o f a system o f compensation for
injuries to employees. The New York commission is comprised
o f fourteen persons, six o f whom are appointed by the governor, three
by the president o f the senate from the membership thereof, and five
by the speaker o f the assembly from the lower legislative branch. This
commission is charged with the duty of investigating the operations
o f the employers’ liability law o f the State, the working o f similar
laws o f other States and countries, and the causes o f accidents to em
ployees, with a view to recommending legislation. The subjects o f
unemployment and o f a better distribution of labor were also directed
to be considered by this commission. In the same State another com
mission was appointed (chap. 210, 1908) for the purpose o f investi
gating the condition, welfare, and industrial opportunities o f aliens
within the State.
A commission whose duty it is to recommend laws providing for
the health, safety, and comfort o f employees in factories, mercantile
establishments, mills, and workshops was provided for by the legisa R eferences are, in m ost cases, to the serially num bered chapters or acts as
published in th e volum es o f the session lavss fo r th e year. F or a few States,
how ever, referen ces are to th e page o f th e volum e o f law s, there being n o con
secutive num bering o f th e acts. T h e enactm ents o f the W iscon sin legislatu re
are arranged under section num bers, as o f th e A nnotated Statutes of 1898.
REVIEW OF LABOR LEGISLATION OF 1908 AND 1909.
457
lature o f Illinois (joint res., p. 104,1907-8). This commission consists
o f three employers, three employees, one man learned in the law, one
a physician or a person familiar with the standards o f sanitation, and
one a representative citizen who is neither an employer nor an
employee.
The regulation o f working conditions in mines is the subject re
ferred to commissions appointed under provisions o f laws enacted
by Arizona (chap. 36,1909), Illinois (p. 55,1909), and Ohio (p. 321,
1908) . These commissions are to investigate the physical conditions
controlling in mine labor and to propose laws for the better protec
tion o f those engaged therein. In this connection may be mentioned
a direction given to the state geological, topographical, and agri
cultural survey o f Kentucky (chap. 63,1908) to investigate the sub
ject o f mines, gases, coal dusts, etc., so far as the means o f the survey
might permit. More general was the direction to the state board of
health o f California (chap. 59, 1909) to investigate the effect o f em
ployment on health.
E M P L O Y E R S ’ L IA B IL IT Y .
An unusual degree o f attention has been given o f late to the sub
ject o f liability o f the employer for injuries to his employees, result
ing mainly in the enactment o f laws patterned on the general model
o f the British employers’ liability law o f 1880. This law had
already been followed with varying degrees o f closeness in seven
jurisdictions o f the United States. Laws o f this nature, restricted
in their application to common carrier railroad companies, were
enacted in Michigan (No. 104, 1909) and in Texas (chap. 10, 1st
extra sess. 1909); while laws o f more general application were
passed by the legislatures o f Idaho (p. 34, 1909), Maine (chap. 258,
1909) , New Jersey (chap. 83,1909), and the Philippine Islands (No.
1874, 1908). These laws generally require a notice o f the intention
to bring suit to be given within periods varying in length from
sixty to one hundred and fifty days, though the Michigan law merely
prescribes that action must be commenced within two years from the
time the cause thereof accrued; in the other States the period of
limitation is one year. The common-law rights o f injured em
ployees are not affected, but the employer, under most o f these laws,
will not be allowed to offer the defenses o f assumed risk and con
tributory negligence where there is a violation o f any protective
statute enacted for the benefit o f employees.
Restrictions o f the use of the customary defenses o f employers in
suits for damages by injured employees, i. e., fellow-service, assump
tion of risks, and contributory negligence, appear in a number o f
acts besides those above noted. Within this group are laws o f
Georgia (p. 160, 1909), Iowa (chaps. 124, 219, 1909), Massachusetts
458
BU LLETIN OF TH E BUREAU OF LABOR*
(chaps. 553, 1908, and 363, 514, 1909), Mississippi (chap. 194, 1908),
Ohio (p. 25, 1908), and South Dakota (chap. 117, 1909). The
defense o f fellow-service is abrogated by the Georgia statute in
cases where the negligence o f the company or any o f its employees
occasions a defect or insufficiency in any o f its equipment whatever,
by reason o f which an employee suffers injury. This law is supple
mental to an earlier enacted liability law o f the State, Georgia hav
ing been the first o f the United States to enact a law o f the type o f
the British statute mentioned above. O f the Massachusetts statutes
named above, the first two amend the law o f that State, the first by
prohibiting the defense o f fellow-service in connection with the
operation o f elevated railways, cars, and trains, the same as in the
operation o f railroads generally; while the second extends the abro
gation o f this defense to cases where injury is caused by any locomo
tive, car, or train by reason o f the negligence o f any other employee o f
the corporation and not merely o f those in charge o f such equipment,
as before. The Mississippi statute extends to employees o f other
corporations and individuals using engines, locomotives, or cars o f
any kind propelled by steam, electricity, gas, gasoline, or lever power,
and running on tracks, the same rights as are enjoyed by employees
o f railroad corporations under an earlier law, by the abrogation o f
the defense o f fellow-service in actions for injuries. The Ohio law
abolishes the defense o f fellow-service in actions for injuries caused
by the operation o f trains, engines, or cars.
The defense o f assumed risks is taken away by the Georgia statute
above cited in cases where the employer has failed to comply with
statutes enacted for the safety* o f employees, i f such failure con
tributed to the injury or death o f the employee. The first o f the
Iowa statutes above cited includes a provision o f like effect, while
the second deprives the employer o f this defense where he had
knowledge o f the defect causing injury, if it was his duty to remedy
such defect, unless the injured employee was charged with the duty
o f making repairs. The Massachusetts statute o f the current year
cited above does not permit the defense o f assumed risks where
injury is caused by a defect which is not remedied within a reason
able time after report thereof; practically the same provision is con
tained in the South Dakota statute cited. The Ohio law declared
the liability o f railroad companies for injuries caused by defects in
rolling stock, tracks, machinery, or appliances, proof o f such defect
being presumptive evidence o f the employer’s knowledge thereof;
this statute further provided that the employee does not assume the
risk o f injury by reason o f such defects, though continuing in serv
ice with knowledge thereof.
Contributory negligence as a defense is also abrogated by the law
just mentioned in the situation indicated therein, as it is by the laws
REVIEW OF LABOR LEGISLATION OF 1908 AND 1909.
459
o f Iowa and o f Georgia in cases where the injury is due to the
employer’s failure to comply with the statutes providing for safety.
A doctrine o f comparative negligence, according to which the con
tributory negligence of the employee is compared with the negli
gence o f the employer, and in cases where the latter preponderates
proportionate damages are awarded to the injured employee, has
received considerable support in legislation o f recent years. O f the
laws mentioned above, those o f Texas, Iowa, and Ohio embody this
principle; and the Georgia statute contains it in a somewhat modi
fied form. According to this statute lack o f ordinary care on the
part o f the employee destroys his right to recover, though where
death results from injury the burden o f proof is on the employer to
show that he exercised ordinary and reasonable care and diligence.
Contributory negligence o f an employee not amounting to a failure
to exercise ordinary care will not defeat recovery for an injury due
to the employer’s negligence, though such contributory negligence
will operate to diminish the amount o f damages awarded by the
jury-
Contracts o f waiver are prohibited by this statute o f Georgia,
though an employer who has contributed to an insurance or benefit
fund is entitled to a set-off corresponding to his contribution; such
contracts are prohibited also by the statutes o f Iowa and o f Texas
mentioned above, while a statute o f Ohio (p. 71, 1908) and one o f
Maine (chap. 33, 1909) contain only this provision, the law o f the
former State relating only to railroad companies.
The idea o f compensation for injuries was embodied in the act o f
the federal Congress o f May 30, 1908, an amendment thereto (chap.
179, 1908-9), allowing the Isthmian Canal Commission to grant
compensation to injured employees under its own rules for not
more than thirty days per annum. The legislature o f Massachusetts
(sec. 136, chap. 514,1909) authorizes employers to submit to the state
board o f conciliation and arbitration for approval plans for the com
pensation o f injured employees. It is made lawful for employers
to enter into contracts with their employees, under approved compen
sation plans, by which the employer is released from other liability
than that provided for in the plan.
A state cooperative insurance fund for miners and mine laborers is
arranged for under the provisions o f an act o f the Montana legisla
ture (chap. 67, 1909). This act provides for contributions by em
ployers on the basis o f the tonnage o f coal mined each month, em
ployees contributing 1 per cent o f their gross monthly earnings. The
fund thus formed is to be controlled by state officials, payments on
death to be paid to dependents in the amount o f $3,000. Provision is
also made for injuries causing permanent disability by the payment
either o f monthly allowances or o f a lump sum, such sum not to
460
BULLETIN OF TH E BUREAU OF LABOR.
exceed the amount specified as a death indemnity. Commencement
o f a suit at law to recover damages for injuries operates as a for
feiture o f the right to benefits under this act.
Coming within this class o f laws is one enacted by the Wisconsin
legislature o f 1909 (sec. 1950d) prescribing the basis o f valuation for
reserves in industrial sickness and accident insurance policies, the law
being applicable to ordinary insurance, annuities, and sickness in
surance.
ACTIO N S F O R P E R SO N A L IN JU RIE S.
A number o f States amended their laws on this subject, which is o f
too general a character to be classed strictly as labor legislation, but
the rights given by these laws are o f such importance in connection
with the recovery o f damages for injuries caused by industrial acci
dents that they can not be overlooked entirely in this connection.
In several o f the employers’ liability laws mentioned above specific
provision is made for the rights o f surviving dependents o f employees
whose death was caused by accident. A statute o f Indiana (chap. 98,
1909) changes its law governing mine accidents by giving to the per
sonal representative the right to sue, instead o f to the widow, child,
or other dependent in person. This act fixes the amount recoverable
at a maximum o f $10,000, the recovery to be for the exclusive benefit
o f the widow, children, or next o f kin. A South Dakota statute
(chap. 301, 1909) fixes the same recovery and otherwise extends and
particularizes the provisions o f law applicable in such cases. The
New York law on this subject is amended by adding a provision
authorizing the appointment o f an administrator to bring suit for
injuries causing death, in cases where an executor under a will refuses
to bring such action (chap. 221, 1909).
ACCID EN TS.
Reports o f accidents in factories and mercantile establishments in
the State o f Connecticut are to be made to the factory inspector
(chap. 150, 1909), who may investigate the causes and results o f the
accidents. The records are to be confidential, and no inspector may
be a witness in a suit for damages unless he was present when the
accident occurred. The Kansas statute (chap. 119, 1909) requires a
report to the factory inspection department o f accidents occurring
in factories and other industrial establishments, and on railroads,
public works, etc., where such accident causes loss o f life or serious
personal injury and is the result o f “ defects or faults in machinery,
appliances, tools, scaffolding,” etc., or o f the motive power. So far
as appears, it is left entirely with the employer to decide whether or
not any given accident is caused by reason of such defects. Factory
REVIEW OP LABOR LEGISLATION OP 1908 AND 1909.
461
inspectors may investigate, but no facts reported to them under the
act may be used as evidence in any trial.
Laws requiring the reporting o f accidents on railroads were en
acted in California (chap. 312, 1909), Michigan (No. 300, 1909),
South Dakota (chap. 75,1909), Vermont (No. 116,1908), and Wash
ington (chap. 93, 1909). These reports are to be made to the rail
road commissions o f the various States, which may conduct investi
gations; in Vermont these may be public if deemed necessary. The
Michigan and South Dakota commissions may order such changes
as they deem advisable to avoid the recurrence o f accident. In
Indiana, railroad companies are to provide for accidents by furnish
ing every train run on their tracks with a medical emergency case.
(Chap. 90, 1909.)
Statistics o f accidents are to be furnished to the employees’ com
pensation commission o f Minnesota (chap. 234, 1909) and to the
commissioner o f labor o f the same State (chap. 235, 1909), the data
to include occupation, causes, nature, extent, wages, defenses, costs,
damages obtained, or other mode o f settlement, etc. Under the law
first noted, reports are to be made by indemnity, casualty, and em
ployers’ liability insurance companies, while the reports to the com
missioner o f labor are to be made by employers.
N EGLIGENCE OF EM PLO Y EES.
The negligence o f employees o f common carriers was the subject
o f legislation in Porto Eico (p. 92, 1908) and in Washington (secs.
274, 277, 280, 281, chap. 249, 1909). The law o f Porto Eico extends
the application o f a former law, providing for the punishment o f
certain employees o f railroad companies who caused death by their
negligent acts, to the operation o f steamboats, and also to other
classes o f persons than those named in the earlier law, including
train dispatchers, telegraph operators, and other persons charged
with the duty o f dispatching or directing the movements o f cars,
trains, etc.; punishment is also provided for causing nonfatal in
juries. The Washington statute penalizes negligence or violation
o f contract which endangers human life or safety; one o f the offenses
named in this statute is the acceptance o f employment by a locomo
tive engineer who is unable to read time-tables and ordinary hand
writing.
Intoxication while on duty is a specific form o f negligence for
which employees o f common carriers may be punished according to
section 275 o f the chapter o f the laws o f Washington above cited,
and by acts o f the Alabama legislature (p. 63, special sess. 1909) and
o f that o f Missouri (p. 450, 1909); both these latter laws cover the
operation o f street railways as well as o f steam roads, while that
462
BU LLETIN OP TH E BUREAU OP LABOR.
o f Washington includes drivers on public streets. An Ohio statute
coming within this class (p. 12,1908) makes it unlawful to use intoxi
cants on any engine, car, or train propelled by steam or electricity,
except in a dining car or buffet.
A Wyoming statute prohibited intoxicated persons from entering
mines and smelters or the bringing in o f intoxicants to those places.
An act o f the legislature (chap. 32, 1909) adds machine shops and
sawmills to the places into which intoxicated persons may not enter,
and logging and grading camps as places into which the carrying of
liquor is forbidden. The California legislature (chap. 413, 1909)
prohibited the sale o f intoxicants within 4 miles o f construction
camps where twenty-five or more men are employed on any public or
quasi public work or improvement, if such camps are situated more
than a mile from the limits o f an incorporated city or town. Exist
ing saloons o f six months’ standing and wineries, breweries, and dis
tilleries selling liquor where the same is manufactured are exempted
from the provisions o f the statute.
Though not strictly coming under the present head, a law o f Min
nesota (chap. 198, 1909) authorizing employers to forbid the sale o f
intoxicants to such o f their employees as may be intemperate drinkers
or habitual drunkards may yet be mentioned in this connection;
so also a ff act o f the New York legislature (chap. 291, 1909) which
prohibits the employment o f any person addicted to the excessive use
o f intoxicants for work in locks or compartments under air com
pression. In the last-named case, however, the object aimed at is no
doubt the physical welfare o f the employee himself rather than the
menace o f his employment to the safety o f others.
BU EEA U S O F LA B O E .
Bureaus o f labor were newly organized in Oklahoma (p. 499,
1907-8), Philippine Islands (No. 1868, 1908), and Texas (chap. 24,
1909). The South Carolina department o f agriculture, commerce,
and immigration was changed (Nos. 4 and 124,1909) to a department
o f agriculture, commerce, and industries and charged with the duties
o f the collection o f labor and other statistics, the inspection o f fac
tories, and the enforcement o f child labor laws. The Oklahoma
bureau is charged with the maintenance o f a free public employment
office, and private offices are to be licensed by the commissioner. The
commissioner is to recommend to the governor for appointment a
factory inspector, who shall, with the superintendent o f the state
board o f health and the labor commissioner, formulate, publish, and
enforce such rules as they may deem necessary for the sanitary regula
tion o f factories and workshops. The Philippine bureau is charged
with the enforcement o f existing laws and the duty o f promoting the
REVIEW OF LABOR LEGISLATION OF 1908 AND 1909.
463
enactment o f other legislation to improve the material, social, intel
lectual, and moral condition o f workers. It is also to collect sta
tistics o f labor, to maintain free public employment offices, and to
arrange for the adjustment o f disputes between employers and em
ployees. The commissioner o f labor o f Texas appears to be author
ized to enter factories only on the written complaint o f two or more
persons or on a failure otherwise to obtain the information sought
for statistical purposes. The Louisiana legislature (No. 155, 1908)
changed the title o f the commissioner o f statistics o f labor to com
missioner o f labor and industrial statistics, with much the same func
tions as were exercised under the earlier law. In Montana (chap.
70, 1909) the commissioner is directed to report on the industrial
resources o f the State, but is not to use his office in any way to further
the importation o f alien labor or laborers under contract, or o f labor
o f any kind during industrial disputes.
The bureau o f statistics o f labor o f Massachusetts has been super
seded by a bureau o f statistics (chap. 371, 1909), whose duty it is to
collect and publish statistical information in general. This bureau
is charged with the maintenance o f free public employment offices,
and is not otherwise, except in so far as it is concerned with the
statistics o f labor, a labor bureau.
A considerable number o f States passed laws on this subject effect
ing minor changes in existing laws, principal among which are Michi
gan (No. 285,1909), which fixed the maximum expenditure o f its de
partment at the annual sum o f $40,000, instead o f $10,000 as hereto
fore; Minnesota (chap. 497, 1909), which created in its bureau a
women’s and children’s department with a female assistant commis
sioner at its head; and Washington (chap. 227,1909), which provides
for a female assistant commissioner to be appointed by the commis
sioner to enforce laws relative to female wage-earners.
A special investigation was ordered to be made by the labor bureau
o f California (chap. 134, 1909), statistics and other information re
garding the Japanese in the State being the subject named, the object
being to supply the governor with material for a report to the
President o f the United States and to Congress; while the Wisconsin
bureau was directed (chap. 343, 1909) to collect data concerning un
employment and to seek to determine the causes thereof.
IN SP E C T IO N O F F A C T O R IE S AN D PR O TE C TIO N OF
EM PLO YEES.
More than fifty separate laws were passed by the various legisla
tures within the past two years relative to this subject, not many o f
them, however, being o f prime importance. The Oklahoma statute
(p. 499, 1907-8) inaugurated a system o f factory inspection for that
State, providing for at least annual inspections to be made by an
464
BULLETIN OF TH E BUREAU OF LABOR.
inspector to be appointed by the governor on the recommendation of
the commissioner o f labor. Such inspector, the commissioner o f
labor, and the superintendent o f the state board o f health, consti
tute a body whose duty it is to “ formulate, publish, and enforce such
rules as they may deem necessary for the sanitary regulations o f
manufacturing institutions, factories, and workshops ” in the State.
The present law directs the safeguarding o f dangerous machinery
and o f elevator shafts, and provides for the installation o f fire
escapes, for toilet rooms, for the lighting o f halls, etc. The sending o f
workmen into steam boilers, fire boxes, etc., before the steam pressure
is exhausted or the fire drawn is a practice at which a law o f this
State is directed (p. 647,1907-8), the statute prohibiting the sending
o f any employee into the boiler, fire box, or smoke chamber o f any
steam boiler while the same is under steam pressure. The employee’s
knowledge o f conditions is no defense in a prosecution under this act.
The inspection department o f Colorado is made a distinct one in
the bureau o f labor o f that State, the deputy commissioner being the
chief inspector; o f the three assistants provided for, one must be a
woman (chap. 166, 1909). This law also provides for the installa
tion o f safety appliances, and makes proof o f the failure to furnish
the prescribed appliances evidence o f the liability o f a negligent
employer in cases o f injury or death o f an employee caused thereby.
The commissioner o f agriculture, commerce, and industries o f
South Carolina is authorized (No. 4, acts o f 1909) to appoint two
inspectors to examine provisions for safety and sanitation; they may
also make investigations as to the employment o f women and chil
dren.
An Illinois statute (p. 202,1909) duplicates somewhat the existing
laws o f that State, none o f which is formally repealed by the new
law, though it makes large specific additions in the matter o f require
ments as to safety appliances, ventilation, and other sanitary details;
it embodies in its final section a summary o f its provisions, copies o f
which are to be posted in mercantile establishments, factories, mills,
and workshops, for the information o f all persons employed therein.
The general subject o f inspection is affected by laws o f Michigan
(No. 285, 1909), Missouri (p. 331, 1909), and Tennessee (chap. 124,
1909). In the State first named, owners o f factories are directed to
sign inspection reports- on the request o f inspectors, at the comple
tion o f inspections made o f their factories; where the employer
refuses to do so, the affidavit o f the inspector is to be accepted as
evidence o f service o f any notice to make changes or otherwise
comply with the law or the rules o f the inspection department.
The Missouri statute abolished the office o f city factory inspector
and directs the state factory inspector to perform the duties hereto
fore devolving upon the local officials. A change in the law o f Ten
REVIEW OF LABOR LEGISLATION OF 1908 AND 1909.
465
nessee gives factory inspectors power to make arrests for violations
o f the factory laws of the State. A Mississippi statute (chap 99,
1908) provides for inspection by local health officers as to sanitary
conditions where children are employed.
The amount o f air required per employee in factories is fixed by
an Illinois statute (p. 202, 1909) which provides that workrooms
shall have at least 2,000 cubic feet o f air space per person, with out
side windows and doors, the area o f which is at least one-eighth of
the area o f the floor; otherwise artificial ventilation shall be pro
vided. Different standards o f air space and air supply are fixed
for workrooms having and not having oxygen-consuming lights, for
workrooms having a specified area o f outside windows and doors,
and for workrooms having no outside windows and doors. A statute
o f Minnesota (chap. 499, 1909) makes 400 cubic feet o f air space per
employee the standard below which employers may not go without
the written consent o f the commissioner o f labor, the absolute mini
mum being 250 feet; the same law requires special ventilation to be
furnished where needed, and also the painting or whitewashing o f
workrooms where women or children are employed. In Missouri more
efficient provisions were enacted for the carrying off o f dust, smoke,
and gases generated in manufacturing processes (p. 333,1909), as well
as for the better guarding o f dangerous machinery (p. 502, 1909).
The use o f pure water for humidifying is the requirement embodied
in a novel enactment of the Massachusetts legislature (chap. 325,
1908), which directs that the water used for this purpose shall not
give rise to impure or foul odors, nor be so used as to endanger the
health o f employees.
In New York a new bureau was added to the department o f labor,
called the bureau o f mercantile inspection, to have charge o f em
ployees in mercantile establishments in cities o f the first class (chap.
520, 1908). Ten deputies are to act, two o f these being females, and
they may enforce not only the regulations prescribed by the laws
o f the State, but also any lawful municipal ordinance, by-law, or
regulation not in conflict therewith. This law provides for a regis
try o f children employed in stores, for wash and lunch rooms, re
stricts the employment o f women and children in basements, and
requires a copy o f the law to be posted in establishments where there
are employees affected by it.
Agricultural machinery is the subject o f a statute o f Wisconsin
(secs. 1636-131 and 1636-131m, 1909), requiring the husking rollers
o f corn shredders to be guarded and directing the employment o f a
competent person to supervise the operation o f corn shredders while
in use. Another statute prohibits the sale o f any machine for the
purpose o f sawing wood unless provided with reasonable safety de
vices, which must not be detached while the machine is in use (secs.
466
B U LLETIN OF T H E BUREAU OF LABOR.
1636-136, ff, 1909). The operators o f cotton factories and o f estab
lishments in which peanuts are cleaned are required by a Virginia
statute (chap. 228, 1908) to supply at cost respiratory shields for
the use o f their employees while at work in situations where pro
tection against the inhalation o f dust is desirable.
In a number o f States provision is made for safety in case o f fire,
most o f them being in the nature o f detailed directions for the
installation o f fire escapes to be constructed according to specifica
tions given in the law. In Ohio, a life-saving device or net must
be furnished in addition to other means o f protection where a factory
or shop is more than three stories in height (p. 83, 1908); while a
North Carolina statute (chap. 637, 1909) requires a rope or portable
fire escape for every twenty employees, in addition to other provi
sions for escape, in factories more than thirty feet high. In the In
diana amendment on this subject (chap. 118,1909), the former provi
sion as to the liability o f the owners o f buildings occupied for indus
trial purposes who failed to comply with the law was omitted.
A law that partakes very largely o f the nature o f a health law for
the benefit o f the general public is one relating to bakeries, con
fectioneries, and establishments generally in which articles o f food
are prepared or sold. This includes in some States canneries, slaugh
terhouses, dairies, markets, hotels, etc. The provisions relate to the
sanitation and construction o f workrooms, the painting or white
washing o f the walls and ceilings, the scrubbing o f floors, the supply
o f cuspidors, provisions for suitable toilet rooms, and the prohibition
o f employees sleeping in any work or storage room and o f the em
ployment o f workmen who have tuberculous or other infectious or
contagious diseases. Rules are prescribed for the conduct o f employ
ees to secure their cleanliness as well as their health, so that it is
clear that these laws may properly be included under the head of
labor laws, even though their enforcement is committed to the state
board o f health or the food, drug, and dairy inspectors, as is the case
in some o f the States enacting these laws. Laws o f the class above
described were enacted in California (chap. 104, 1909), Indiana
(chap. 163, 1909), Nebraska (chap. 68,1909), New Jersey (chap. 231,
1909), and Tennessee (chap. 473, 1909). The Connecticut legisla
ture (chap. 120, 1909) extended its former provisions o f law, quite
similar to the above, applicable to bakeries only, to confectionery,
ice cream, and macaroni factories, other foodstuff factories, and to
manufactories o f tobacco and cigars. In Missouri an amendment
to its former laws prescribes a day o f rest for all employees in baker
ies, such day to begin not later than 6 p. m. on Saturday, and the
week’s work to begin not earlier than 6 a. m. on Sunday (p. 864,
1909); underground rooms must be approved as sanitary before
REVIEW OF LABOR LEGISLATION OF 1908 AND 1909.
467
used, separate sleeping rooms provided, and diseased employees
excluded from service.
Other laws include a wide variety o f provisions amendatory o f
existing laws, such as the substitution o f graded fees for inspection
instead,of the uniform charge (Oregon, chap. 130,1909), the appoint
ment o f additional inspectors, one of them to be a woman (New Jer
sey, chap. 273, 1908), a revision o f the law controlling the manu
facture o f explosives, including other high explosives than those
named in the former law, regulating transportation, etc. (Ohio, p211,1908), and other changes o f minor importance.
PK O TECTIO N O F E M P L O Y E E S ON B U ILD IN G S.
It has been but a few years that the safety o f employees on build
ings has received legislative attention, but the list o f States hav
ing laws on this subject has attained considerable length, three—
Louisiana, Montana, and Oklahoma—being added thereto within,
the period covered by this review. The act o f the Louisiana legisla
ture (No. 264, 1908) calls for the installation o f such devices as w ill
protect workmen below from falling objects and requires safety
rails to be placed on scaffolds, elevator shafts to be guarded, the
adoption o f signals for hoists, the construction o f secondary scaf
folds and protective floors, and the determination and observance
o f the loading capacity o f joists during the construction o f buildingsThe law is restricted in its application to cities having a population
o f 30,000 and over. A Montana law on this subject (chap. 107,1909)
requires scaffolds to be safe and so built as to prevent material fall
ing therefrom, protective shields to be erected above scaffolds if work
is being carried on overhead, and that stairs and elevator ways be
guarded. The Oklahoma statute (p. 519,1907-8) relates to scaffolds*
hoists, cranes, and stays, which shall be “ safe and suitable;” and
directs the construction of protective floors during the course o f the
erection o f the building if the permanent floors are not laid before
the erection o f the succeeding story. The violation o f this act
incurs specific personal liability as well as a penalty.
The law of California on this subject is amended by a provision
requiring protective floors to be laid when necessary for the s a fe t y
o f employees during the construction o f buildings more than three
stories in height, and the use o f means to prevent objects from fall
ing from scaffolds, etc. (chap. 107, 1909). The statute o f Wisconsin
is also amended by requiring protective floors to be laid within one tier
o f beams o f the place of work instead of three, as in the earlier law*
where fireproof floors are to be laid, and within one story instead o f
two in other buildings (sec. 1636-83).
20092— No. 85— 10----- 2
468
BULLETIN OF TH E BUREAU OF LABOR.
M INE R EG U LATIO N S.
Fourteen States enacted new or amendatory laws which may be
considered under this head during the years 1908 and 1909, Oklahoma
enacting its first law on this subject and Idaho doing practically the
same. The Oklahoma statutes (p. 521, 1907-8, amended, p. 385,
1909; and p. 527, 1907-8, amended, p. 383, 1909) direct the prepara
tion and furnishing o f maps, prescribe methods o f working, the pro
vision o f two exits, of travel ways around shafts, the supply of
shields for mining machines, o f speaking tubes, the supply o f tim
bers, the installation o f electric wires, the construction o f shelter
holes along travel ways, require wash rooms to be furnished, sup
plies to be provided for first aid in case of injury by accident, direct
the employment o f shot firers, and of mine foremen wThere more
than ten workmen are employed, and regulate the construction and
operation o f hoists and the use o f explosives. The weighing and
screening o f coal are regulated, and the employment o f convicts in
mines is prohibited. An inspector of mines is to be elected, and
the State divided into three districts, each with an assistant inspector,
such assistants also to be chosen by popular vote from and after 1910.
The law o f Idaho (p. 266, 1909) is adapted, o f course, to the opera
tion o f mines o f minerals other than coal, while the laws of Okla
homa relate principally to coal mining. The Idaho statute first
makes provision for security in case o f fire, both by prescribing the
furnishing o f extinguishers and by directing the installation o f fire
doors. New buildings, timber sheds, and the like are to be con
structed only at a safe distance from the entrance to the mine, ex
cept where necessary as a protection against the snow. The collars
o f shafts and all openings in mines are to be safeguarded so as to
prevent the falling o f persons or objects therein; safety hoists are
to be constructed according to prescribed requirements, and indi
cators furnished so that the engineer will be able to know at any
time the exact location o f the bucket, cage, or skip. Other pro
visions relate to the storage and use o f explosives, storage of oils,
and the employment of hoisting engineers, who must be at least
21 years o f age, o f proved experience and qualifications, and not
addicted to the use o f intoxicating liquors. Electric wires are to
be insulated or otherwise properly guarded, a code o f signals
adopted, and prescribed means o f exit arranged for.
Laws relating to mine inspectors were passed in several States,
including Kentucky (chap. 59, 1908), Montana, (chap. 46, 1909),
Nevada (chap. 176,1909), Ohio (p. 106,1908), and Wyoming (chaps.
58, 62,122,1909). The Kentucky statute provided for two additional
inspectors in the State, and requires all inspectors to pass an exam
ination to determine their competency before being appointed. In
REVIEW OF LABOR LEGISLATION OF 1908 AND 1909.
469
Montana also the inspector must pass an examination before appoint
ment, this provision being substituted for the earlier requirement of
graduation from a school o f mines. The Nevada law created the office
o f inspector o f coal mines, the incumbent to have had seven years’
experience in underground workings; he is given authority to enter
and inspect mines, order changes, and to investigate accidents, and
annual reports are required to be made to the governor o f the State.
The law o f Ohio above cited provides for the appointment o f three
additional inspectors, making the number of inspectors and inspec
tion districts 10, instead o f 7 as before; the chief inspector must have
had five years’ experience and be acquainted with the uses and dangers
o f electricity in mines. The same act directs that at least quarterly
inspections be made, instead o f “ as often as possible,” as in the earlier
lawr; a map or plan must also be furnished for each vein worked,
and more efficient provisions were enacted for the securing o f venti
lation. This law also directs that shaft men be employed to attend
hoists, that self-dumping cages be not used unless they can be securely
locked, and that shelter holes be furnished for the use o f door boys.
The Wyoming statutes reduced the terms o f mine inspectors from six
years to two, and located their offices in their inspection districts
instead o f at the state capital; inspectors are made police officers
with power to make arrests for violations o f the mine laws, and may
order workings closed i f their directions are not complied with.
Detailed annual reports are required, covering the subject o f inspec
tions made, accidents, their causes and remedies, and suggested
methods for the safe operation o f mines.
Other statutes were enacted covering a variety o f details connected
with the operation o f mines, the use of explosives, the handling of
workmen, etc. Thus a statute o f Kansas (chap. 175, 1909) regulates
blasting, prohibiting the use o f dynamite except under rules agreed
upon by employers and employees and approved by the state mine
inspector; employees are not to be sent into any sinking shaft or de
velopment work after a charge o f dynamite or other detonating ex
plosive has been fired, until the smoke and gases are removed.
Another statute of this State (chap. 174,1909) directs the sprinkling
or removal o f dust from mines, requires all drill cuttings to be re
moved at least 15 feet before shots are fired, and prohibits the use of
coal drillings for tamping. Semiweekly inspections o f ropes, cages,
catches, brakes, etc., used for hoisting men are directed by a statute
o f Missouri (p. 695, 1909), the reports of such inspection to be re
corded. Another statute of the same State (p. 696, 1909) requires
shaft men to be employed where men are hoisted, regardless o f the
power used, instead of only where steam is used as a motive power,
as provided in an earlier law.
470
BULLETIN OF TH E BUREAU OF LABOR.
Mine explosives are the subject o f an Ohio statute (p. 55, 1908)
which regulates the sale, storage, size of packages, and the locking
and opening o f boxes containing explosives used or to be used in
mines; the tamping of charges and the firing o f shots are also regu
lated by this law. Another statute o f this State (p. 885,1908) directs
the insulation o f electric wires and the installation o f shields on
mining machines. A Wyoming statute (chap. 106, 1909) provides
for the sprinkling o f dusty places, and the monthly removal of accu
mulations o f dust, including slack, machine cuttings, and track
cleanings.
The law o f Pennsylvania is changed only by adding certain coun
ties to the anthracite coal inspection districts o f the State (No. 284,
1909), and by repealing (No. 286, 1909) the act o f June 10, 1883,
which prescribed the method o f determining the amount o f clean
coal for which payment should be made to the miners.
The exclusive use of safety lamps, magnetic locked, air locked, or
lead locked, is prescribed in gaseous mines in the State of Washing
ton, except by superintendents, foremen, and certain designated em
ployees, who may use other lamps o f a type approved by the state
mine inspector (chap. 55,1909). Safety lamps are to be the property
o f the operator o f the mine. Other laws o f this State provide that
weekly measurements of the quantity o f air furnished for ventilation
are to be made, and a record thereof kept (chap. 57, 1909); and
amend the laws relative to maps, plans, etc., directing, signboards to
be placed at the intersection o f ways, so as to indicate the most direct
means o f exit from the mines (chap. 117,1909).
The New York legislature enacted a law (chap. 291, 1909) regu
lating employment in mines and tunnels, applicable chiefly to tunnel
work where the employee is exposed to conditions induced by the
compression o f air. The hours o f labor are regulated according to
the degree o f air pressure, ranging from eight hours with an interval
in the open air o f thirty minutes, i f the pressure does not exceed 28
pounds to the square inch, to two hours when the pressure equals
46 pounds to the square inch and is less than 50 pounds; this period
o f two hours is to be divided into periods o f one hour each with an
interval o f not less than four hours. Employment under a pressure
o f more than 50 pounds is prohibited except in case o f emergency.
Intermediate locks or stages o f decompression must be provided for
employees leaving work. Employees who have worked three months
continuously in compressed air must be examined by a medical officer
and may not again work unless shown to be physically qualified there
fo r ; nor may an employee who has been absent from his work for
three or more successive days for any cause be permitted to resume
work without reexamination. A ll applicants for employment must
be examined, and i f they have not previously worked in compressed
BEVIEW OF LABOB LEGISLATION OF 1908 AND 1909.
471
air they shall not be permitted to work during the first twenty-four
hours o f employment more than one-half the period provided for in
the section regulating the hours of labor. After this first day’s work
they must be reexamined and may not be permitted to work unless o f
approved physical condition. A medical lock and supplies, with a
medical attendant in charge, must be maintained and be at all times
available for the use o f employees. Properly heated, lighted, and
ventilated dressing rooms, with baths, toilets, and hot and cold water
service, must be supplied.
R A IL R O A D S.
A variety o f laws was passed affecting employment on railroads,
referring both to the subject o f employees themselves and o f the
material conditions affecting them. Within the first class are laws
o f Georgia (p. 49,1908) and o f Texas (chap. 46,1909), the former re
quiring locomotive engineers to have had an experience o f three years
as firemen or engineers or o f four years in a railroad shop and oiie
year as fireman, prior to employment; employment on yard engines
is not within the application of the law. The latter law requires
locomotive engineers to have served for three years as firemen or as
locomotive engineers, while conductors o f trains must have had
two years’ experience as brakemen or freight conductors. Several
legislatures undertook to regulate the minimum number o f men that
should constitute a crew on railroad trains, either absolutely—A r
kansas (No. 298, 1909), Indiana (chap. 25, 1909), Maryland (p. 71,
1908), Nebraska (chap. 98, 1909), Nevada (chap. 74, 1909), and
Texas (chap. 100, 1909)— or by committing power to the state rail
road commission to fix the number o f such employees after a public
hearing, as in Connecticut (chap. 219, 1909). The Maryland statute
includes a provision that where an employee is killed or injured by a
train operated contrary to the provisions o f said law, i f such viola
tion contributed to the death or injury, the defenses o f assumed risk
and o f contributory negligence shall be barred. The Indiana and
Nevada statutes direct that flagmen shall have had at least one year’s
experience in train service.
Provision o f safety appliances is directed by a statute of Minne
sota (chap. 488, 1909), amending its previous law by adding the
requirement o f an equipment o f power brakes and regulating the
height of drawbars on locomotives; the act requires 75 per cent o f the
freight cars on any train to be furnished with a train-brake system
and authorizes the rejection o f cars o f other roads not properly
equipped. Employees do not assume the risk o f injury by cars or
locomotives not equipped as directed by this law. The Vermont
statute (No. 104, 1908) requires power brakes on all trains carrying
472
BULLETIN OF TH E BUREAU OF LABOR.
passengers, instead of excepting mixed trains as previously. The
Texas legislature enacted a law (chap. 26, 1909) relative to power
brakes, automatic couplers, the height o f drawbars, the equipment
with grab irons, etc. The same provision is made as in the Minne
sota statute as to the number o f cars to be supplied with equipment,
the rejection o f foreign cars, and the abrogation of defenses.
The equipment of switch engines is the subject of statutes of In
diana (chap. 62, 1909), Iowa (chap. 126, 1909), and Washington
(chap. 93, 1909). These laws relate to the provision o f footboards,
grab rails or rods, headlights at each end, etc. The Washington
statute also directs that frogs, switches, and guard rails shall be
blocked, and that all engines be equipped with headlights o f approved
design and capacity.
The subject o f headlights on locomotives generally is dealt with in
separate laws in Georgia (p. 50, 1908), Indiana (chap. 128, 1909),
Montana (chap. 18, 1909), North Carolina (chap. 446, 1909), Okla
homa (p. 645,1907-8), and South Dakota (chap. 27, 1909), the usual
standard set being an electric or other headlight o f 1,500 candlepower
without the aid o f a reflector. The Indiana law puts the subject
o f adequacy into the hands of the railroad commissioners. Ash pans
that can be dumped or cleaned without requiring an employee to go
under the locomotive for that purpose are required by laws of In
diana (chap. 106, 1909) and of Texas (chap. 28, 1909). Automatic
bell ringers must be placed on all locomotive engines operating in the
State of Indiana (chap. 178,1909). The blocking o f frogs, switches,
and guard rails in a practical manner is required by the Kansas
statute (chap. 188, 1909), each thirty days’ failure to comply with
the law being a separate offense. In South Dakota (chap. 212, 1909)
good and sufficient switch lights must be installed.
The construction and equipment of cabooses received the attention
o f a number o f legislatures, the.standarcl fixed in most instances being
a length o f 24 feet, exclusive o f platforms, and the car must be pro
vided with suitable steps, guard rails, grab irons, two doors, at least
two four-wheeled trucks, and cupolas, though not all the laws men
tion every point named. The States passing laws of this class are
Illinois (p. 306, 1909), Michigan (No. 52, 1909), Minnesota (chap.
382, 1909), New York (chap. 448, 1908), North Dakota (chap. 190,
1909), Washington (chap. 31, 1909), and Wisconsin (sec. 1806m,
1909). The railroad commission of Montana is authorized (chap.
136,1909) to require the installation o f safety appliances on railroads
and may inspect the same to secure conformity to the standards
o f the federal statutes and the rules o f the Interstate Commerce
Commission.
Statutes of Oklahoma (p. 638,Y909) and o f Texas (chap. 53, 1909)
require railroad companies to construct sheds over their repair tracks
REVIEW OF LABOR LEGISLATION OF 1908 AND 1909.
473
for the protection o f employees from the inclemency o f the weather;
while in Louisiana (No. 297,1908) and in Texas (chap. 33,1909) laws
were enacted presumably for the benefit o f local labor, but along a
different line of procedure. These laws direct that repair work on
cars and engine shall be done within the State if the companies have
repair shops therein. The law need not be complied with i f it would
be necessary to haul the cars farther in order to do so than to have
them repaired without the State. In Louisiana, conformity to this
law is a condition precedent to the exercise o f the right of eminent
domain. The proposition is a new one in the field o f labor legisla
tion, and a determination o f its constitutionality is awaited with
interest, since such laws might fall under the same condemnation as
that o f New York, directing the use only o f stone dressed within
the State on public works. (People v. Coler, 166 N. Y. 144, 59 N. E.
776.)
A Mississippi statute (chap. 95, 1908) prohibits the running back
ward o f locomotives at night unless there is a pilot and headlight on
the rear o f the tender. Switching engines, cases o f emergency, and
certain other designated cases are excepted from the application of
the law.
Another aspect of employment is considered in a statute o f Arkan
sas (No. 299, 1909) which requires that railroads collecting hospital
or medical fees from their employees must provide and maintain
hospitals; and one o f Montana (chap. 95, 1909) which provides that
in case o f accidental injury the nearest physician may be summoned
to give attention to injured employees until a railroad physician can
take charge, the company to pay a reasonable fee for such services,
failure to do so being a misdemeanor.
S T R E E T R A IL W A Y S .
The protection o f employees on street railways by the construc
tion o f inclosed platforms or vestibules is the subject o f legislation
in Iowa (chap. 51, 1909), Kansas (chap. 195, 1909), South Carolina
(No. 65, 1909), and West Virginia (chap. 74, 1909). A ll o f these
States had prior laws on the subject, the change in Iowa consisting
in requiring a transparent shield to extend the full width of the car;
while in Kansas a provision is added requiring the vestibule to be
heated. The South Carolina statute undertook to except ears operat
ing in a portion o f the State. The law, however, exempted that
portion lying “ south o f a line ten miles north o f and parallel to the
thirty-fourth meridian,” an obviously impossible demarcation. The
West Virginia statute is amended by making it applicable to the oper
ation of ears throughout the entire year, instead o f only from Novem
ber 1 to April 1 as before; violations are to be prosecuted by the
prosecuting attorney o f the county in which they take place.
474
BU LLETIN OF TH E BUREAU OF LABOR.
The Kansas statute, supra, requires seats to be provided for the
use o f motormen, their use to be permitted under reasonable rules
o f the company, when such use will not interfere with the proper
performance o f duty. A statute o f Oregon makes a similar regula
tion, providing, however, that motormen may use such seats at least
one-half the time while operating the cars (chap. 59, 1909). In Con
necticut, street railways running outside the limits o f any city or
borough, using cars which are equipped with air brakes, must furnish
motormen with seats or stools for their use unless excused therefrom
by the railroad commissioners on a showing that such use will endan
ger or inconvenience travelers (chap. 237, 1909). Another law o f
this State (chap. 92, 1909) authorizes the railroad commissioners to
order street railway companies to equip their cars with air brakes
or other sufficient brakes when they deem it necessary in the interests
o f the public. An Iowa statute (chap. 52, 1909) and one o f Wiscon
sin (sec. 1636q, 1909) require power brakes to be installed on cars
having a weight o f 35,000 pounds in the former State and on cars
haying a weight o f 40,000 pounds in the latter State.
R E G U L A T IO N OF T H E CO N TRACT OF EM PLOYM ENT*
Under this head may be considered a few not very closely related
laws which are not easily capable o f classification elsewhere. A n
Oklahoma statute (p. 516, 1907-8) directs the superintendent, mana
ger, or contractor, employed by or working for any public-service
corporation, to issue to any employee, whether discharged or volun
tarily leaving service, a statement at the termination o f his employ
ment o f the reason therefor, and a failure to make a truthful state
ment is a misdemeanor. The use of printed blanks is forbidden. The
question o f the constitutionality o f this statute comes to mind in
view o f the condemnation o f a somewhat similar law by the supreme
court o f Georgia. (Wallace v. R. Co., 94 Ga. 732, 22 S. E. 579.) Em
ployers or their foremen are forbidden to charge or accept fees or
anything o f value for the hiring or retention o f laborers, according to
statutes o f Nevada (chap. 25, 1909) and Utah (chap. 52, 1909).
Under this head may be noted a Louisiana statute (No. 31, 1908)
which requires employers who exact from their employees a deposit
o f money as a guaranty o f faithful service to pay interest thereon, a
m in im u m rate o f 4 per cent being fixed by the statute. A statute
o f South Carolina (No. 494,1908) has for its object the prevention o f
the fraudulent breach o f contracts, making it a misdemeanor either
to employ labor or to contract to render services or to accept labor
or advances, and subsequently fraudulently or with malicious intent
to fail to observe the provisions o f the contract. Employer and em
ployee are thus alike subjected to punishment for fraudulent acts,
REVIEW OF LABOR LEGISLATION OF 1908 AND 1909.
475
designated, the penalty being the same in both cases. Contracts, i f
verbal, must be witnessed by at least two disinterested witnesses not
related to either party, by blood or marriage, within the sixth degree,
and. the term o f service must be for a definite time, not exceeding one
year. I f a written contract is to be enforced under the provisions
o f this act, a record o f such contract must be made in the county
office. Contracts where the inducement or consideration consists o f
money or advances paid or made to the employee or in his behalf be
fore the commencement o f service are not covered by this law and
are declared null and void. A statute of Massachusetts (sec. 27, chap.
514, 1909) makes it an offense for anyone knowingly to cause to be
printed or published a false or fraudulent notice or advertisement for:
help or for obtaining work or employment. Forcible taking or de
tention for service is made the subject o f heavy penalties by statutes
o f Washington (secs. 158, 159, chap. 249, 1909), and o f the United
States (secs. 268 to 271, chap. 321, 1908-9).
B L A C K L IS T IN G , IN T E R F E R E N C E W IT H EM PL O Y M E N T ,
ETC.
Laws addressed to the subject o f blacklisting were enacted in
Connecticut (chap. 153, 1909), Mississippi (chap. 93, 1908), North
Carolina (chap. 858, 1909), and Texas (chap. 89, 1909). The la #
o f Connecticut prohibits black lists or any publication or corre
spondence having for its object the prevention o f employment o f an
employee, mechanic, or laborer; it does not, however, prohibit the
giving o f a truthful reply to persons making inquiry, who may be
considering the hiring o f such employee. The Mississippi statute
on this subject relates only to the employment o f telegraph opera
tors and makes it unlawful to discriminate against, blacklist, or
refuse employment to any telegrapher only because o f his affiliation
with or membership in any lawful organization or trade or labor
union o f telegraphers. Secretly conspiring to defeat the provisions
o f this act is also declared to be unlawful. The act provides no
penalty, but makes violators thereof jointly and severally liable in
actual and exemplary damages to persons aggrieved. In North Caro
lina, an employer who attempts to prevent the employment of a dis
charged employee is liable in penal damages for the results of his
acts, though he may answer inquiries; an agreement to blacklist an
employee who is discharged or who has voluntarily left service is
unlawful. Several changes were made in the former law o f Texas
(chap. 67, 1907), the principal one being an extension o f the law to
cover the situation o f employees voluntarily leaving service, as well
as those who were discharged. The provision that a statement o f
the cause o f discharge must be furnished any employee requesting
476
BULLETIN OF TH E BUREAU OF LABOR.
the same is amended by providing for a renewal of this statement if
it is lost or becomes otherwise unavailable. This statement must
include the term and nature o f the employment. The old law for
bade discrimination against an employee because of his participation
in a strike against another corporation. The amendment omits the
words “ against another corporation,” thus extending the applica
tion o f the law to strikes against the employer himself.
Section 1296 o f the general statutes of Connecticut prohibited the
use o f “ any means to intimidate ” employees. This section is
amended (chap. 202,1909) by making it unlawful to “ use any means
calculated or intended to intimidate.” The legislature o f Washing
ton in its draft o f the criminal code (chap. 249, 1909) incorporated
provisions penalizing the conspiracy o f two or more persons to pre
vent the exercise o f a lawful trade or calling by force, threats, or
intimidation, or the interference or threatening to interfere with
tools, implements, or property belonging to or used by another (secs.
130, 131); such conspiracy is a gross misdemeanor, and no overt act
is necessary to constitute an offense. According to the same act, any
person depriving another o f any tool or implement or hindering
him in the rightful use thereof is guilty of a misdemeanor (sec. 362).
The Federal Government seeks to protect itself from the interfer
ing acts o f third parties by providing a penalty (sec. 43, chap. 321,
1908-9) directed against anyone who may entice employees in arse
nals or armories to leave service during their term of employment, or
to avoid or break their contracts, or who shall retain, hire, or in
anywise employ, harbor, or conceal such employees during their term
o f service.
The prevention o f the corrupt influencing of agents, employees, or
servants is the aim o f statutes of New Jersey (chap. 284, 1908)
and o f Washington (sec. 426, chap. 249,1909) which make it a misde
meanor to give, offer, or promise to such person any gift or gratuity,
without the knowledge and consent o f the employer, for the purpose
o f influencing the former in relation to the employer’s business. The
acceptance o f a commission or bonus by employees whose duty it is
to buy supplies or materials for his employer is likewise unlawful.
Another section (sec. 439) o f the Washington statute makes the solic
itation or acceptance of gratuities by employees o f public houses or
public-service corporations a misdemeanor, while the next section
makes the giving o f such gratuities also a misdemeanor.
A R B IT R A T IO N O F L A B O R D ISPU TES.
The subject o f state boards of arbitration and conciliation was
passed upon by two legislatures, provisions for the appointment of
such boards having been made in Oklahoma (p. 499, 1907-8) and in
Maine (chap, 229, 1909); while in a third State, New Jersey (chap.
REVIEW OE LABOR LEGISLATION OF 1908 AND 1909.
477
25, 1908), a law which had existed since 1892 was repealed, with its
amendments, leaving that State without any arbitration law. The
Oklahoma board was created in connection with the state bureau of
labor and is to be composed o f six persons, two farmers and one em
ployer to be appointed by the governor on his own motion, and one
employer and two employees to be appointed on the recommenda
tion o f the commissioner of labor. It is the duty of this board to
seek to conciliate labor disputes involving not less than 25 employees.
Mayors o f cities and justices o f the peace are to give information o f
such disputes, threatened or actually occurring, whereupon the board
shall undertake to secure the submission of such disputes for deter
mination before itself. I f there is not a voluntary submission of the
matter to the board, it may, if it shall appear to the board that any
strike or lockout is likely to cause injury or inconvenience to the
general public, efforts for conciliation having failed, investigate the
facts in the case and publish its findings with such recommendations
as seem to it equitable and just. The legislature of Maine provided
for the appointment o f a state board by the governor, such board to
be composed o f one employer or a representative o f an employers’
association, one employee or member of a labor organization, and
one man appointed on recommendation of the other two. Town
officers are to report threatened labor troubles, whereupon the board
shall seek to mediate if not less than 10 employees are affected; or
to secure the submission o f the dispute to a local board or to the
state board for arbitration. Either the employer or a majority o f
employees may make application for the adjustment of a controversy,
and upon determination the decision of the board shall be binding
upon the parties so applying for a period o f six months, or until the
expiration of sixty days after notice given o f intention not to be so
bound by the decision.
C IV IL R IG H TS OF EM PLO Y E E S.
Besides the protection of employees as traders, which will be con
sidered under the heading o f wages, the security o f their rights as
citizens in other respects was the subject o f legislation in a few
States. Thus Nebraska (chap. 164, 1909) and Oklahoma (p. 316,
1907-8) prohibit the influencing or the attempt to influence em
ployees in the exercise o f their franchise rights. The Nebraska
statute makes it unlawful to threaten discharge or the close o f busi
ness in the event o f the election of any person or the success of any
political party. The Oklahoma statute contains a provision allow
ing two hours as time to vote on election days.
The attitude o f employers o f labor and of labor organizations
toward the enlistment o f workmen in the national guard is known
478
BULLETIN OF TH E BUREAU OF LABOR.
to be sometimes hostile to such enlistment. Laws whose object it
is to protect workmen who are or who may wish to become members
o f the national guard were passed by the legislatures o f Illinois (p.
437, 1909), Maine (chap. 206, 1909), Michigan (No. 194, 1909), and
Washington (chap. 134, 1909). In the last three o f these States
the laws mentioned prohibit discrimination both by employers and
by labor organizations, while in Illinois the act of depriving o f em
ployment or preventing employment or o f dissuading from enlist
ment by threats o f injury to employment, trade, or business, is made
a misdemeanor.
E X A M IN A T IO N AN D LICE N SIN G OF W ORKINGM EN .
The requirement of proof o f ability to engage in certain employ
ments by the passing of an examination by a public board is embodied
in the laws o f several States, covering a variety o f occupations.
Most numerous among these during the years under consideration are
laws relating to mine employments, the States o f Illinois, Iowa, Ken
tucky, Montana, Ohio, and Oklahoma having passed laws that may
be considered in this connection. The legislature o f Illinois (p. 284,
1909) requires miners to secure a certificate after examination by
county examining boards. Two years’ practical experience is neces
sary, and miners who have worked two years in the State as miners
and were so employed when this law took effect may receive a certifi
cate simply on the payment o f the required fee. In Ohio the law of
1906 (p. 259), requiring one year’s experience with or as a practical
miner before being allowed to work alone, the law being “ not ” appli
cable to mines producing gas or fire damp, was amended (p. 21,1908)
by the change o f the word “ not ” to “ only,” in order to express the
intent o f the legislature as to the application of the law. In Iowa
(chap. 146, 1909) certified foremen, pit bosses, and hoisting engineers
are to be appointed to fill vacancies in such positions within thirty
days after such vacancies occur, instead of within “ a reasonable
time,’’ as was required by the old law. Montana (chap. 69, 1909)
substitutes a county board made up of the state mine inspector, a
miner, and an operator or superintendent o f a mine, for the state
inspector alone, as the agency by which examinations must be con
ducted and certificates granted to persons seeking employment as
mine foremen, mine examiners, or fire bosses. The qualifications
necessary for applicants for such positions are laid down by the law,
and the employment of persons not properly certified is prohibited,
as is engaging one’s self for the positions named without having a
certificate. The Oklahoma legislature (p. 521, 1907-8, amended,
p. 385, 1909) provides for a state mine board to examine applicants
for positions as mine managers, superintendents, pit bosses, hoisting
REVIEW OF LABOR LEGISLATION OF 1908 AND 1909.
479
engineers, or fire bosses. In Kentucky (chap. 59, 1908) and in Mon
tana (chap. 64,1909) state inspectors o f mines may be appointed only
after having passed an examination by a board of examiners and
securing a certificate o f competency.
The examination and licensing of masters, pilots, and engineers
on steam vessels is the subject o f a statute o f Michigan (No. 118,
1909).
Laws relative to the examination and licensing of plumbers were
amended in the States o f Illinois (p. 132,1909), Massachusetts (chap.
536, 1909), and Pennsylvania (No. 657, 1909). The principal change
was effected by the law of Massachusetts, which provides for a state
board o f examiners instead o f local boards, and arranges for pro
bationary certificates valid for a term o f six months to be issued to
applicants, who must take the examination at the close of the term.
Master electrieians in cities having more than 50,000 inhabitants
must secure from a local board a certificate o f competency, after
examination, before they can prosecute their trade, according to an
act o f the Louisiana legislature (No. 178, 1908).(a)
The law o f Michigan relative to the examination of horseshoers
was amended (No. 205, 1909) by a provision as to the renewal of
licenses on the payment o f a’ reduced fee.
Laws requiring barbers to be examined and to procure a certificate
o f competency and of freedom from contagious or infectious diseases
before being allowed to prosecute their calling were enacted for the
first time by the legislatures of Illinois (p. 98, 1909) and o f Colorado
(chap. 138, 1909). The usual provisions as to disinfection o f tools,
etc., and proof o f skill are embodied in these laws. The State of
North Dakota adds to its existing law on this subject a requirement
as to the disinfection o f tools (chap. 46, 1909). The customary in
clusion in laws o f this class o f regulations as to sanitation makes it
proper to notice here a law o f Kansas (chap. 224, 1909) which directs
the inspection o f barber shops, barber schools, and public bathrooms
in order to prevent the spread o f contagious and infectious diseases.
E M PLO YM EN T O FFICES.
The assumption by the State of the duty o f providing an instru
mentality by which persons seeking employment and those desiring
to employ labor may be brought into communication is becoming in
creasingly common, Indiana (chap. 155, 1909), Oklahoma (p. 499,
1907-8), and Rhode Island (chap. 1528, 1908) having recently
created such agencies. These agencies are under the direction o f the
state commissioner of labor, to whom is given the power of appoint
ing superintendents who are charged with the direct administration
a D eclared
unconstitutional in State
v.
Gantz, 50 So. Rep. 524.
480
BULLETIN OF TH E BUREAU OF LABOR.
o f the undertaking. The Rhode Island statute restricts its benefits
to citizens o f that State. Massachusetts (sec. 5, chap. 514, 1909)
gives preference to citizens in registration, this provision being a
modification o f the former law, which restricted registration to citi
zens only.
The regulation o f private employment offices received attention
in a considerable number o f jurisdictions, the list embracing Cali
fornia, Colorado, the District o f Columbia, Illinois, Indiana, Min
nesota, Missouri, Oklahoma, Utah, and Washington. California
(chap. 102, 1909) amended its law on the subject by giving to the
commissioner o f labor and his deputies power to make arrests for
violations o f the law. A supplemental act on this subject (chap. 120,
1909) requires employment offices in this State to secure a license on
the payment o f a fee, which is graded according to the population
o f the city in which the office is to operate. The license is valid for
a single year, may be revoked for cause, and a separate license is
required for each branch the same as for an independent agency.
In Colorado the existing law is amended by adopting a graded
license fee, reducing the bond from $2,000 to $1,000, and giving the
authority to license to the state bureau o f labor instead o f to the
town or city in which the office is situated (chap. 164, 1909). Fees
are limited to $1 for laborers, mechanics, or domestic servants; the
fee for professional positions is $2. I f no position is secured within
five days, an applicant may demand the return o f his fee in full
within thirty days after registration. The law for the District of
Columbia allows employers to be charged $2 for services (chap. 166,
1908-9) instead o f $1 as under the old law, the employer being
thereby entitled to thirty days’ service from the first or other em
ployee sent by the bureau. The same law allows offices fifteen
days within which to secure a position for applicants before return
o f fee can be demanded instead o f four as formerly. An addi
tional amount o f $1 may be charged as employee’s fee where the
wages amount to $25 per month or more.
The former law o f Illinois on this subject is repealed, and a very
strictly detailed enactment substituted therefor (p. 213,1909). Agen
cies are to be licensed, the fee therefor being $50 in cities o f 50,000
population and over and $25 in smaller cities and towns. A bond
is to be furnished, registers maintained, and receipts given for all
fees received. The fee is limited to $2, and is to be returned on de
mand after thirty days and within sixty days from date o f its re
ceipt, less the amount actually expended in behalf o f the applicant,
unless a position has been secured. Fraudulent representations, the
sending o f applicants to questionable or immoral places o f resort or
amusement, the giving of false information and the making of false
promises are prohibited. Provision is made for additional service
REVIEW OE LABOR LEGISLATION OE 1908 AND 1909.
481
to employers and to employees in cases where service or employment
continues for less than one week i f the cause o f departure or dis
missal is not the fault o f the person claiming the benefits of the
la w ; or three-fifths of the fee may be returned. A special inspection
force is provided for, consisting o f a chief inspector of private em
ployment agencies appointed by the governor, and an assistant in
spector for every 50 licensed agencies or major fraction thereof, the
assistants to be appointed by the chief inspector. A t least bimonthly
inspections are required, and any license may be revoked for cause
shown.
The Indiana legislature (chap. 94, 1909) enacted a briefer law
on the same subject, but of the same general purport. The enforce
ment o f this law is committed to the chief o f the bureau o f sta
tistics o f the State, who is also charged with the duty o f issuing all
licenses under the act. Registers of applicants for positions and for
assistance in securing labor are to be open at all times to the chief
o f the bureau and to the sheriff o f the county or the chief o f police
o f a city. The fee for registration is limited to $2, the return o f
75 per cent o f which may be demanded in the event of a failure
o f the agency to secure a position for the applicant. When employ
ment has been secured, the applicant may be charged an additional
amount, the total charges not to exceed 10 per cent o f the first month’s
wages. This statute, like that o f Illinois, prohibits the sending of
any persons to improper or immoral places, or the maintenance of
any agency in a building where intoxicants are sold.
The legislature o f Minnesota (chap. 424, 1909) amended the law
o f that State by prohibiting the charging o f any fee unless the office
had received a bona fide order from an employer for the services
recommended, all such orders to be recorded and open to the inspec
tion o f the applicant at the time he pays his fee or subsequently.
Missouri also takes its place among the States in which private em
ployment offices must be licensed (p. 862,1909). The scale o f charges
for licenses is the same as in Illinois, the license to be secured from
the state commissioner o f labor statistics. The registration fee is
limited to $1, and is the same for employer and employee. Appli
cants not securing a situation within one month may demand the
return o f the full amount o f the fee paid. Registers are to be kept
and shall be open to the inspection of the commissioner o f labor
statistics or his agents, deputies, or assistants. False entries on the
register are prohibited, and no office may be maintained in or in
connection with any place where intoxicating liquors are sold. The
state commissioner o f labor o f Oklahoma is to license agencies in
the State (p. 499, 1907-8), the fee being uniformly $5. Two dollars
may be charged as a registration fee, to be returned on demand wuthin
thirty days after the expiration o f one month from registration if
482
BU LLETIN OF T H E BUREAU OF LABOR.
no position is secured within that time. Sending to improper places
o f employment and the giving o f false information are penalized,
and registers o f applicants shall be kept open to inspection by the
commissioner o f labor or his agents.
Licensing by the city, town, or county, under rules made by such
municipalities for the conduct o f employment offices, is required by
a statute o f Utah (chap. 21, 1909); fees are limited to 8 per cent o f
the first month’s wages, and the division o f fees with employers is
prohibited; the provisions as to return o f fees, the sending of em
ployees to designated forbidden places, and the maintenance o f offices
in saloons are similar to those in other States. The State o f Wash
ington has no law regulating the conduct o f employment offices,
but in its criminal code (sec. 372, chap. 249, 1909) makes it a misde
meanor for any agent to misstate verbally or in writing or in an
advertisement any material fact as to the nature, conditions, or length
o f employment.
EM PLO Y M EN T ON P U B L IC W O RK S.
Discrimination, either absolute or by way o f preference, in the
matter o f the employment o f residents or citizens for labor on public
works is indicated by the laws o f several jurisdictions. Thus Hawaii
(No. 32, 1909) provides that employees on public works must be citi
zens o f the United States, or eligible to become citizens, unless it is
not reasonably practicable to obtain labor o f the designated class.
A statute o f Utah (chap. 80, 1909) directs the preference o f employ
ment o f citizens or o f those who have declared their intentions to
become such, the provisions of the law to be inserted in contracts for
public works. A Maine statute (chap. 228, 1909) directs the prefer
ence o f resident laborers on condition that the bids contemplating
the employment o f such labor are equally favorable with those which
are not so restricted. The Louisiana statute on the subject restricts
employment to citizens who have paid their poll tax, if such are
available (No. 271, 1908). This statute provides that it is not to be
construed as barring foreign contractors from bidding.
The Nebraska statute requiring union labor to be employed on
public works in cities o f the first class and fixing a minimum wage
rate o f $2 per day was amended (sec. 123, chap. 17,1909) by requiring
advertisements for bids to contain these provisions. The provision
restricting employment to union labor is probably unconstitutional.
(Marshall & Bruce Co. v. City o f Nashville, 109 Tenn. 495, 71 S. W .
815; Fiske v. People, 188 111. 206, 58 N. E. 985.)
As coming within this group o f laws may be mentioned one o f
Louisiana (No. 184, 1908) which provides that contracts for public
printing shall be awarded to none but citizens o f the State.
REVIEW OE LABOR LEGISLATION OE 1908 AND 1909.
483
New Jersey (chap. 156,1908) joined the small but increasing group
o f States which provide for civil-service tests and regulation in the
employment o f public employees, a labor class being provided for in
the sixteenth section of this law. The tests relate to physical condi
tion, ability, industry, capacity, and experience.
Leave o f absence is granted employees in public service by the
States o f California (chap. 250, 1909), Iowa (chap. 232, 1909), and
New York (chap. 559, 1909); the last-named law applies only to
employees o f the city o f Greater New York.
The labor law o f Massachusetts (sec. 22, chap. 514, 1909) contains
a provision relative to actions for wages o f employees on public
works. This law gives the laborer a right o f action to recover a
wage debt i f within thirty days after the termination of service he
files a statement o f his claim and begins action thereon within sixty
days after the termination o f employment. Persons contracting to
furnish the labor o f others are not within the provisions o f this law.,
EM PLO Y M EN T OF CH ILD E EN AN D WOM EN.
F ifty-four laws enacted by the legislatures of 32 States are ad
dressed to some phase or other o f the conditions affecting employment
o f children and women. Prominent among these are the extension
o f the idea o f compulsory school attendance and the fixing o f am
educational standard to be attained, which necessarily affect the,
employment o f children within the ages embraced by the school la w ;
and the substitution o f other evidence as to the age o f applicants for
certificates o f employment than the mere statement or affidavit o f
the parent. There is a tendency also to shorten the hours o f labor
and to restrict or prohibit night work, as well as to adopt a standard
ized law relative to dangerous employments, that indicates an in
creasingly general approval o f such regulations and o f the idea o f
uniformity in legislation.
In the majority o f cases these laws are o f course merely amenda
tory, though there are a few States in which entirely new legislation
having general application to the subject, was enacted, while in a few
other States existing statutes of this nature were repealed and others
enacted in their stead.
The States enacting first laws are Mississippi (chap. 99, 1908),
North Dakota (chap. 153, 1909), Oklahoma (p. 629, 1909), and
Washington (secs. 194, 195, chap. 249, 1909); while new statutes to
supersede former ones were enacted in Kansas (chap. 65, 1909), Ken
tucky (chap. 66, 1908), Louisiana (No. 301, 1908), Michigan (No.
285, 1909), Pennsylvania (No. 182, 1909), and Virginia (chap. 301*,
1908).
20092—No. 85—10----- 3
484
BULLETIN OF TH E BUREAU OF LABOR.
The statute o f Mississippi allows employment to begin at the age o f
12 years and fixes a ten-hour day for children under 16 years, though
the limit for a week is fifty-eight hours; night work is prohibited,
the hours being from 7 p. m. to 6 a. m. A register o f affidavits of
age of children under 16 must be kept, and also a statement as to the
last school attendance and grade o f the child. Enforcement is com
mitted to the sheriffs o f counties, and circuit judges are to specially
charge grand juries to investigate violations. Sanitary and phys
ical conditions are to be inquired into at least twice a year by a county
health officer.
In North Dakota the law fixes 14 years as the minimum age of
employment and relates to employment in mines, factories, mercantile
establishments, apartment houses, and messenger service. Employ
ment o f every sort is prohibited for children under 14 during any
part o f the school term. For employment under 16 a certificate must
be secured and kept on file presenting the age and school record of
the child, who must be able to read and write and have received
instruction in the common branches and up to and including frac
tions in arithmetic. In doubtful cases a physician’s certificate as to
physical ability may be demanded. An affidavit o f age is to be ac
cepted only when other evidence is not available. The hours o f labor
o f children under 16 are limited to sixty per week, and eight per
day.(a) W ork between 7 p. m. and 7 a. m. is prohibited, as is also
employment at numerous designated dangerous occupations. Enforce
ment is committed to local peace and school officers.
The Oklahoma statute fixes the age limit at 14 years for employ
ment in factories, factory-workshops, theaters, bowling alleys, pool
halls, steam laundries, “ or in any occupation injurious to health or
morals or especially hazardous to life or limb.n The commissioner of
labor is given authority to determine what occupations come within
this description. The law prohibits designated dangerous employ
ments. Girls under 16 may not sell newspapers, nor be employed in
any occupation requiring them to stand constantly. Boys under 16
and all females are to be excluded from employment in underground
mines and quarries. Children under 16 may not be employed at any
labor unless they are able to read and write English or have attended
school during the preceding year for the prescribed period. The
hours o f labor o f children under 16 may not exceed eight per day nor
forty-eight per week. Restriction as to night work applies to boys
under 16 and girls under 18 and covers the period between 6 p. m.
and 7 a. m. An age and schooling certificate for children under 16
is required, and an affidavit as to age will be sufficient evidence only
when the child has attained a prescribed physical standard o f de-
a See p. 698.
REVIEW OF LABOR LEGISLATION OF 1908 AND 1909.
485
velopment. The enforcement o f the law is committed to the com
missioner o f labor and to the truant officers.
The Washington statute goes less fully than the above into the
subject o f general employment, but prohibits the employment o f
children under 18 years o f age in any mendicant, immoral, dangerous,
or injurious occupation, or sending such persons as messengers to im
moral resorts; it also requires that males under 14 years of age and
females under 16, employed by others than their parents or guardians
in any inside employment not connected with farm or domestic labor,
must procure a permit from the judge of the superior court of the
county.
Only the new features of the laws enacted in lieu of former statutes
can be classed as legislation of the period under review. O f these
the Kansas statute adds to prohibited places of employment of chil
dren under 14 workshops not owned by the parent or parents and
theaters and elevators. No employment whatever is permitted dur
ing school hours; and the hours o f labor are restricted to eight
per day or forty-eight per week, work between 6 p, m. and 7 a. m.
being prohibited.
The new act o f the Kentucky legislature is practically a standard
law, and extends to messenger service as well as to employment in
factories, stores, etc. The general age for employment is 14 years.
No exception is allowed for cases o f dependent children. The hours
o f labor are restricted to sixty per week and ten per day, work be
tween 7 p. m. and 7 a. m. being prohibited. Truant officers and labor
inspectors are charged with the enforcement of the law. Special
provisions for safety and sanitation are required in factories where
persons under 16 years o f age are employed.
The Louisiana law makes the age o f employment uniformly 14
years, instead of 12 for boys and 14 for girls as under the former
law. Age certificates are required for children under 16, to be issued
by the state factory inspector or a city inspector in New Orleans,
affidavits being accepted only i f certificates o f birth or baptism or
other records are not available. Hours o f labor are limited to sixty
per week, no work to be performed between 7 p. m. and 6 a. m.,
except in mercantile establishments on Saturday night and for
twenty days before Christmas. A list must be kept and posted o f all
children employed under the age o f 18.
The constitution of Michigan o f 1909 gave to the legislature power
to fix the hours and conditions o f labor o f women and children
(Const., Art. V., sec. 29). In pursuance o f this authority provisions
were incorporated in the act cited above fixing the hours o f labor of
males under 18 years o f age and of all females employed in factories,
mills, dressmaking, or millinery establishments, or in laundries, stores,
or shops, at not more than nine hours per day on an average, nor
486
BULLETIN OF TH E BUREAU OF LABOR.
more than fifty-four hours in any week, no day’s labor to exceed ten
hours. Fruit and vegetable canning establishments are excepted from
these provisions. Night work in manufacturing establishments is
prohibited for females under 18 years o f age, and for all children
under 16 years o f age, except as messengers for a telegraph or tele
phone company or in the postal service o f the United States, the pro
hibited hours extending from 6 p. m. to 6 a. m. Under the former
law the prohibition extended to 7 a. m. Fourteen years remains as the
age limit, the same as under the old law. The new law requires per
mits for the employment o f children under 16 and the maintenance
o f a register o f all such employees. Dangerous and immoral occupa
tions are prohibited, but there is no specific list of prohibited occu
pations.
According to the provisions o f the law o f Pennsylvania, employ
ment o f minors under 18 is prohibited in a list o f dangerous em
ployments, including blast furnaces, tanneries, docks, quarries, the
outside erection and repair o f electric wires, the operation o f ele
vators, oiling dangerous machinery in motion, employment on rail
roads, or in the operation of boats or vessels, and in places where
high explosives are manufactured. Minors over 16 may be employed
in the manufacture o f white lead, red lead, paints, phosphorus, phos
phorus matches, poisonous acids, and in the manufacture or stripping
o f tobacco or cigars; but i f classes o f employment in these indus
tries are shown to the satisfaction o f the chief factory inspector not
to be a menace to health, physically qualified children over the age
o f 14 may be employed therein, i f able to read and write the English
language intelligently. The hours o f labor of boys under 16 and
girls under 18 are limited to ten per day and fifty-eight per week, in
stead o f twelve and sixty, respectively, as under the former law;
work between 9 p. m. and 6 a. m. is prohibited.
The Virginia law fixed the age limit at 18 years after March 1,
1909, and at 14 years after March 1, 1910, for employment in any
factory, workshop, mercantile establishment, or mine, but permits
orphans or children of dependent parents to work after .reaching the
age o f 12; a certificate o f orphanage or other necessity for labor must
be procured from a court, judge, mayor, or justice o f the peace in cir
cumstances prescribed by the law. Employment in factories, etc.,
owned or operated by the parent is not affected by this act.
Laws to be classed as simply amendments, affecting the existing law
by way o f wider extension, either generally or by the definite inclusion
o f additional occupation; or by changing details, as those governing
age, hours, or enforcement, were enacted in California (chap. 254,
1909), Connecticut (chap. 220, 1909), Delaware (chap. 121, 1909),
Iowa (chap. 145, 1909), Maine (chaps. 70 and 257, 1909), Massa
chusetts (sec. 48, chap. 514, 1909), New York (chaps. 293 and 299,
1909), Ohio (p. 30, 1908), Ehode Island (chap. 384, 1909), South
REVIEW OF LABOR LEGISLATION OF 1908 AND 1909.
487
Carolina (Acts No. 4 and No. 121, 1909), and Wisconsin (secs.
1728a, ff, 1909).
The amendment to the California law consists in adding employ
ment in places o f amusement, restaurants, hotels, apartment houses,
or in the distribution or transmission o f merchandise or messages, to
the class for which night work is prohibited, the hours included being
from 10 p. m. to 6 a. m. Places o f amusement are also added to the
list o f places for which records o f names and certificates of age o f
children employed must be kept. Superintendents o f schools issue
certificates, copies o f which must be filed with the county superin
tendents o f schools, who must semiannually report to the bureau of
labor the number o f such certificates issued.
In Connecticut the former law is modified by separating the regu
lations as to manufacturing and mechanical establishments and those
applicable to mercantile establishments. In the latter class o f em
ployment children and women may be employed from December 17
to 25 o f each year until 10 o’clock p. m., i f they are given not less
than seven holidays with pay during the year. I f employment later
than 10 p. m. is desired, two shifts must be employed, and the tenhour day observed.
The Delaware statute is amended by extending its provisions to
employment in “ any gainful occupation; ” one hundred and forty
days’ school attendance is required, instead o f twelve weeks, during
the year preceding the issue o f the certificate, and a child must be
able to read and write English and be familiar with arithmetical
operations up to fractions. Night work o f children under 16 between
the hours o f 7 p. m. and 6 a. m. is forbidden, and the section o f the
former law permitting the employment o f a widow’s child, by way
o f exception, is repealed.
In Iowa, the statute authorizes enforcement officers to demand o f
an employer proof o f age o f any child in his employ, either birth or
baptismal record, school record, or affidavit, and i f none of these is
forthcoming the child must be dismissed.
The Maine law is strengthened by prohibiting employment “ in
connection with” as well as in any manufacturing or mechanical
establishment. The present law prohibits all employment in such
places for wages or hire, during school hours, as well as in any mer
cantile or other business establishment, or in telegraph or telephone
offices, or in the delivery of messages. Children desiring any em
ployment whatever must have certificates if under 15 years o f age,
or if under 16 for employment in manufacturing and mechanical
establishments. Evidence as to age is required, and unless children
are able to read and write and to perform the fundamental opera
tions in arithmetic they must attend an evening school. The hours
o f labor are reduced from sixty hours per week to fifty-eight.
488
BULLETIN OF TH E BUREAU OF LABOR.
The cited amendment o f the Massachusetts law fixes fifty-six hours
as the weekly maximum for the employment of women and children
after January 1,1910, instead of fifty-eight, as under the former law.
A considerable change was made in the laws o f New York on the
subject o f employment by an amendment o f section 93 o f the labor
law, the change consisting in the enumeration o f an extensive and
detailed list o f employments in which children under 16 should
neither be employed nor permitted to work. The law of this State
relating to employment in mercantile establishments was also amended
by inserting the words “ or permitted to work ” after the prohibition
o f employment.
The Ohio statute is amended by adding business offices, telegraph
and telephone offices, restaurants, bakeries, hotels, and apartment
houses to the places o f employment in which children under 14 may
not work; employment as messenger or delivery boy is also prohib
ited. Hours o f labor are fixed at eight per day and forty-eight per
week, instead o f ten per day and fifty-five per week as in the former
law ; and night work is prohibited between 6 p. m. and 7 a. m., instead
o f between 7 p. m. and 6 a. m. Designated dangerous employments
are prohibited, and the chief inspector o f factories is authorized to
appoint eight salaried female visitors charged with the duty of
inspection and the enforcement o f child labor and sanitation laws.
Hours o f labor o f women and children are changed by the Rhode
Island statute cited from fifty-eight to fifty-six per week.
The Wisconsin statute inserts a blanket provision, “ or at any gain
ful occupation, directly or indirectly,” after its list of occupations
requiring permits. Only farming is exempted, instead o f also “ other
outdoor occupations not dangerous to life or limb.” In prohibiting
performances in public, as in circuses and theaters, the words “ for
p a y ” are stricken out, and children from outside the State are sub
jected to the same rules as are resident children. The exception as
to the employment o f children “ in cases where it is necessary to save
perishable goods from serious damage,” is also eliminated.
Laws addressed to single occupations or classes o f employment
were enacted in a number o f States. Laws governing employment
in mines were passed by the legislatures o f Oklahoma (p. 527,
1907-8), Pennsylvania (No. 210, 1909), and Washington (chap. 117,
1909). The Oklahoma statute prohibits the employment o f boys
under 16, and o f all females, in underground workings; while that
o f Washington raises the minimum age o f employment o f boys be
low ground from 14 to 16 years, and above ground, from 12 to 14
years. The Pennsylvania statute limits the hours of labor for chil
dren under 16 to ten per day and fifty-eight per week, night work
being prohibited after 9 p. m. and before 6 a. m. An age and school
ing certificate for boys between 14 and 16 years o f age is required, to
REVIEW OF LABOR LEGISLATION OF 1908 AND 1909.
489
be issued by the school authorities and to certify ability to read and
write the English language intelligently. The enforcement o f this
act is intrusted to the chief o f the department o f mines.
Street trades are regulated by a law o f Wisconsin (secs. I728p, ff,
1909) which fixes the minimum age o f news boys at 10 years and o f
girls at 16 years. Girls under 16 are forbidden to work as bootblacks
or at any other street trade, or in the distribution o f handbills, circu
lars, or other articles upon the street or from house to house. Boys
under 12 may not act as bootblacks or work at any other street trade,
or sell or offer any goods or merchandise or distribute circulars or
other articles except newspapers, magazines, and periodicals. For
employment as newsboys, children under 14 are required to secure a
permit and a badge issued by the state factory inspector or an assist
ant, or by the county or municipal judge or judge o f a juvenile
court. Boys under 14 are not permitted to work as newsboys after
10 o’clock in the evening or before 6 in the morning, or at other street
trades between the hours of 7 p. m. and 7 a. m. nor during the hours
when the public schools o f the city are in session. Boys between 14
and 16 years o f age who comply with the legal requirements as to
school attendance and are physically and mentally able so to do may
be authorized to distribute newspapers between the hours o f 4 and 6
in the morning. This law is applicable only to cities o f the first
class and is to be enforced by police officers, state factory inspectors,
and attendance officers o f the school. Permits and badges are valid
only for a single year, and may be withdrawn for cause.
Other laws o f restricted application are a statute o f Missouri
(p. 864, 1909), applicable to bakeries and confectionery shops only,
which prohibits the employment o f children under 16 years o f age
between 9 p. m. and 5 a. m.; one of Pennsylvania (No. 34, 1909), pro
viding heavy penalties for knowingly sending any minor as a mes
senger to a place of immoral resort; and an Oregon statute (chap.
54, 1909), fixing the age limit for operators of either freight or
passengers elevators at 18 years as a minimum.
Another law that will be noted here without classification is one
o f Texas (chap. 59, 1909), which makes parents who hire out their
children and live in idleness on their wages guilty o f vagrancy.
Laws prescribing compulsory school attendance, and expressly af
fecting employment, were passed in Arkansas (Nos. 234 and 347,
1909), the first general in form, but excepting a number o f counties;
the second specifically applying to nine counties. The general law
directs school attendance for one-half the term for children from 8
to 16 years o f age, and from 16 to 20, unless actively, regularly, and
lawfully employed. No employment is allowed during school hours
between the ages of 8 and 16, without a certificate that the law re
quiring attendance as above has been complied with. Attendance
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BULLETIN OE TH E BUREAU OF LABOR.
officers are charged with enforcement o f the law. The second law is
o f practically the same effect, except that the superior age limit is
14 years. A Maine statute (chap. 238,1909) amends the education law
o f that State by providing that truant officers may, under the direc
tion o f the school authorities, visit manufacturing and other business
establishments during school hours to discover whether children
under 15 years o f age are employed therein in violation o f the law.
Persons in charge are required to submit for inspection all registers
and certificates required to be kept on file in such establishments. A
Missouri statute (p. 847, 1909) extends the term o f compulsory at
tendance from one-half to three-fourths o f the school term, and
authorizes the appointment o f attendance officers in towns having a
population as small as 1,000, instead o f 3,000 as before. In Nevada
(chap. 130, 1909) children from 8 to 16 years o f age must attend
during the whole of the school term unless employed at labor neces
sary for the support o f themselves or o f dependent parents. Know
ingly employing a child unlawfully absent from school is a misde
meanor. The New Jersey statute (chap. 144,1909) applies to children
between the ages o f 7 and 17, unless a child above 15 has completed
a grammar course and is regularly and lawfully employed in some
useful occupation. I f not so employed, such child must attend a high
school or manual-training school, though children above 14 may work
i f their earnings are necessary for the support o f themselves or
others. A number o f laws were enacted in Tennessee applicable to
different counties, thirteen being provided for in all. These laws are
quite similar in their general features, so that one (chap. 163, 1909)
may be taken as illustrative o f the class. This law requires attend
ance between the ages o f 8 and 16 for a period o f sixteen weeks,
unless the child is excused. T o be excused the child must be pro
ficient in the required course, or must study in private, or in some
other than a public school. I f the child’s labor is necessary as a
means o f support, the poor commissioner o f the county may make a
money allowance equal to the child’s wages in order that he may at
tend school. Attendance must begin with the opening o f the term,
and it is unlawful to employ a child within the age limits designated
who has not completed the required term of attendance. The Wash
ington statute (chap. 97, 1909) applies to children between the ages
o f 8 and 15, and calls for attendance during the full term o f the
school. Children under 15 may not be employed without a certifi
cate excusing them from school attendance. Attendance officers may
enter mills, stores, etc., in search o f evidence of violation o f this law.
The Connecticut statute (chap. 123, 1909), aiming at results rather
than methods, prescribes a standard o f attainment to be reached be
fore employment is permitted, i. e., ability to read and write simple
sentences in English, or in some other language, and to perform
REVIEW OF LABOR LEGISLATION OF 1908 AND 1909.
491
arithmetical operations to and including fractions. This State hasr
however, a compulsory attendance law.
The hours o f labor of women are regulated by a statute o f Illinois
(p. 212, 1909), the maximum period of employment being ten hours
per day. This law applies to mechanical establishments, factories,
and laundries. A Minnesota statute (chap. 499, 1909) prescribes a
fifty-eight-hour week for women employed in stores, shops, and
factories. Sixty minutes are to be allowed at noon for dinner, and
i f work extends more than one hour after 6 p. m., twenty minutes
shall be allowed for lunch. A Missouri statute (p. 616, 1909) ap
plies to employment in manufacturing and mercantile establish
ments, laundries, and restaurants in cities o f more than 5,000 popu
lation. Women may not be employed in these before 5 a. m. or
after 10 p. m. nor more than fifty-four hours per week. The statute
o f Oregon was amended (chap. 138, 1909) by prohibiting the em
ployment o f women more than sixty hours per week, this restriction
applying to telephone, telegraph, and express or transportation offices,
in addition to manufacturing, mechanical, or mercantile establish
ments, laundries, hotels, and restaurants to which the restriction o f
a former law applied. The proviso o f the old law allowing females
employed in retail stores to work twelve hours per day during the
week preceding Christmas is stricken out.
Other statutes affecting the employment of women are one o f
North Carolina (chap. 857, 1909) requiring seats to be provided for
and their use permitted to female employees in stores, shops, offices, and
manufacturing establishments; and one o f Missouri (p. 442, 1909)
relative to the employment o f females in barrooms. This act amends
a former law by striking out the proviso that excepted from its pro
hibitions the employment o f the wife, mother, daughter, or sister o f
the owner o f a place where liquor is sold.
L A B O R O RG AN IZATIO N S.
Labor organizations are distinguished from other associations and
corporations by the laws o f California (chap. 362,1909) and of Mon
tana (chap. 97, 1909), which exempt labor organizations from the
provisions o f the antitrust laws of these States. In California the
exemption is effected by declaring that labor is not a commodity
within the meaning of the act, while the law o f Montana specifically
exempts agreements for lessening the hours o f labor or increasing
the wages. The Federal Congress also (sec. 38, chap. 6, 1st sess.,
1909) exempted labor organizations from the payment of the excise
tax levied on corporations.
Imposition on labor unions by the unauthorized use o f badges,
cards, etc., is made a misdemeanor by laws of California (chaps. 331
492
BULLETIN OF TH E BUREAU OF LABOR.
and 392, 1909), Rhode Island (chap. 439, 1909), Texas (chap. 79,
1909), and Virginia (chap. 54, 1908).
Laws protecting the trade-marks of trade unions were amended in
Arkansas (No. 131, 1909), Ohio (p. 482, 1908), Vermont (No. 121,
1908) , and Wisconsin (secs. 1747a, ff., 1909). The law of Washing
ton (secs.'424 and 425, chap. 249,1909) makes it a gross misdemeanor
to give, offer, or promise a bribe to a representative o f a labor organ
ization or for such representative to ask or receive, directly or indi
rectly, any bribe in connection with his duties and powers as such
representative. Discrimination against employees on account of
membership in labor organizations or restraining workingmen from
joining the same are prohibited in Oklahoma (p. 513, 1907-8) and
in South Carolina (No. 4, 1909). Laws o f this last class are gen
erally held to be valid. (Adair v . U. S., 208 U. S. 161, 28 Sup. Ct.
277; People v. Maraus, 185 N. Y . 257, 77 N. E. 1073, etc.)
Two States enacted this year a novel law looking toward the mat
ter o f collective insurance o f members o f labor organizations and of
workmen. These laws (Maine, chap. 207, 1909, and New Jersey,
chap. 191, 1909) permit insurance companies to make special rates to
members o f labor organizations, the premium to be paid to their sec
retary or other officer; and to the employees o f a single employer,
whose premiums may be paid through the employer.
The legislature of Michigan provided for the incorporation of
associations o f railway conductors and engineers, the object o f which
is to pay indemnity to members in case o f discharge or retirement,
the funds to be collected on the assessment or cooperative plan (No.
125,1909). In the same State an earlier law providing for the incor
poration o f associations o f mine employees was repealed (No. 128,
1909) .
W AGES.
The rate o f wages o f employees on public works was considered by
the legislatures o f Maryland (p.613,1908) and o f Oklahoma (p. 635,
1909), the statutes o f these States requiring current rates o f wages
to be paid laborers on public works, the law o f the former State
applying to the city o f Baltimore only. A law that may be con
sidered in this connection is one passed by the Congress o f the United
States (chap. 299, 1908-9), authorizing the Public Printer to pay
linotype and monotype operators not more than 60 cents per hour
for their services; Sunday labor o f workmen not receiving annual
salaries may be paid 50 per cent advance on the regular rates.
The medium o f payment is considered in laws o f Arizona (chap.
103, 1909), Louisiana (No. 228, 1908), Oklahoma (p. 637,1909), and
Porto Rico (p. 171, 1908), these laws relating to the payment of
wages in scrip and to the redemption of store orders. They provide
KEVIEW OF LABOR LEGISLATION OF 1908 AND 1909.
493
that scrip or orders issued in payment of wages shall be redeemed in
lawful money at the next regular pay day. The law of Porto Eico
also prohibits coercion or the attempt to coerce in the matter o f se
lecting the place of trade. The Oklahoma statute relates only to
mining and manufacturing corporations.
The time o f payment o f wages is also considered by the Oklahoma
statute, the corporations to which it is applicable being required to
pay wages to their employees semimonthly. The same requirement
is made o f all corporations by an Arkansas statute (No. 13, 1909).
The Missouri legislature (p. 366, 1909) directs the payment o f wages
due railroad employees for the preceding month to be made on or
before the 15th o f each month; while a New York law applicable
to steam railroads only changes the frequency o f payment from
monthly to semimonthly (chap. 442, 1908: see sec. 11, chap. 31, Con
solidated Laws). The law o f New Hampshire prescribing a weekly
pay day is amended by striking out the word “ horse ” before the
word “ railroad ” in the list o f corporations to which the act applies,
so that the law now applies to railroads of every sort (chap. 134,
1909).
The payment o f wages due deceased employees is considered by
laws o f Arizona (chap. 64,1909) and o f New Jersey (chap. 59, 1909) ,
payment being authorized to the wife, child, or other next o f kin;
or if there be no next o f kin, then to creditors. The amount so pay
able may not exceed $150 in Arizona or $75 in New Jersey.
Wages o f minors are the subject of a law of South Carolina (No.
451, 1908), which makes employers of minors liable to the parents or
guardian for the wages o f such minor employees if they wrere hired
without the knowledge or consent of the parent or guardian, unless
the latter has failed or refused to furnish a home and support.
Assignments o f wages and the conduct o f the business o f wage
broker form the subject o f several enactments o f considerable uni
formity. Acts o f this class were passed by the legislatures o f Colo
rado (chap. 217, 1909), Delaware (chaps. 233 and 250, 1909),
Indiana (chap. 34, 1909), Massachusetts (chap. 605, 1908), Pennsyl
vania (No. 290,1909), Ehode Island (chap. 1551, 1908), Washington
(chap. 32, 1909), and Wyoming (chap. 120, 1909). Some o f these
laws limit the rate o f interest, restrict the period which may be cov
ered by the assignment, and prohibit assignments to secure a prior
debt. Some require a wage broker to secure a license and have a
known place o f business. The assignment must in general be in
writing, and the law may require that it shall be filed or recorded in
some public office. The sum named must be the actual amount ad
vanced by or owing to the person to whom the assignment is made.
Nearly all the laws require the employer to accept, or at least to be
notified of, the assignment, and if the assignor is a married man the
494
BULLETIN OF TH E BUREAU OF LABOB.
wife must join in the assignment: Assignments made in violation
o f the provisions of the laws are void:
By a statute o f New York, claimants o f wages for domestic per
sonal service have enjoyed special benefits in the matter of the gar
nishment o f the wages, earnings, etc., o f the debtor in satisfaction o f
any judgment secured by such claimant. These privileges were made
general by an act o f the legislature o f 1908 (chap. 148).
Creditors o f wage-earners are forbidden to assign or send their
claims out o f the State for the purpose of avoiding the provisions o f
the State exemption laws, in Arkansas (No. 34, 1909) and in North
Carolina (chap. 504, 1909). The exemption law o f Arkansas was
amended (No. 195, 1909) by prohibiting a second garnishment o f
wages within sixty days o f the first; while a Connecticut statute
(chap. 181, 1909) adds to the exempted funds the benefits o f any
society in the State paying sick or disability benefits.
The law o f Oregon allowed no exemption o f wages from garnish
ment where the debt was for family expenses incurred within six
months o f the writ. The limitation o f six months was stricken out
by the legislature o f 1909 (chap. 49), so that there is now no exemp
tion where the debt is for family expenses, whenever incurred. The
same law permits no exemption where the debt is for money procured
by fraud or false pretenses. A further statute o f Oregon subjects
the wages o f public employees to garnishment under the same con
ditions as for those of private employees, the pay or audit officer o f
the debtor being required to answer to the garnishment (chap. 11,
1909).
The statute o f Iowa declaring a preference for wage claims in
executions, etc., restricted such preferences to executions or actions
o f creditors o f certain designated forms. An amendment (chap. 204,
1909) extends the law so as to cover proceedings o f any sort in which
the property o f an employer is to be taken for the benefit o f his
creditors.
Attorneys’ fees in case o f successful suits for wages are granted,
within fixed conditions, by statutes of Texas (chap. 47, 1909) and
o f Wisconsin (sec. 3775,1909).
Wages due laborers by contractors are sought to be secured by
statutes enacted in a number o f States, directing that contractors
give bond as security for the payment thereof. It is the purpose o f
these bonds to avoid the necessity o f enforcing a lien, with the
attendant expense, delay, and risk to wage claimants, as well as to
protect the owner o f the property from liability for the acts o f a
contractor whom he may have settled with in full under the terms o f
his contract. These laws may apply only to contractors or labor
on public works, as in Missouri (p. 138 and p. 382, 1909) and in
Washington (chap. 207, 1909); to special classes o f work, as on rail
REVIEW OE LABOR LEGISLATION OF 1908 AND 1909.
495
roads (Wyoming, chap. 124, 1909), ditches (Wyoming, chap. 78,
1909), or buildings (Louisiana, No. 65, 1908) ; or they may be o f
general application (Kansas, chap. 183, 1909). A law o f Washing
ton (sec. 352, chap. 249, 1909) makes a contractor who accepts full
pay from his principal for work for which a lien might accrue and
who fails to pay his employees’ wages due therefor guilty o f larceny.
HOURS OF LABOR.
The hours o f labor on public works are fixed at eight per day by an
act o f the legislature o f Wisconsin (secs. 1729m and I729n, 1909),
the statute requiring that contracts shall stipulate its observance.
The law o f New York on this subject was amended (chap. 292,1909:
see sec. 3, chap. 31, Consolidated Laws, 1909) so as to extend its
provisions to work done under any commission appointed pursuant
to law.
Railroad labor was the subject o f legislation in Porto Rico (p. 170,
1908) and in Texas (chap. 101, 1909). In Porto Rico the hours o f
labor are fixed at twelve per day for conductors, engineers, firemen,
train dispatchers, telegraph operators, or any trainman, eight hours’
rest to be allowed thereafter before the resumption o f duty. The
Texas statute amended a former law by substituting sixteen hours’
service instead o f fourteen for trainmen, after which eight hours’ rest
is to be allowed, this change bringing the law o f the State into con
formity with the federal statute on the subject.
Employment in mines and smelters is limited to eight hours per
day by the laws o f a number o f States, the legislatures o f California
(chap. 181, 1909) and o f Washington (chap. 220, 1909) enacting new
laws on this subject. Previously existing laws are amended or sup
plemented in Arizona (chap. 18, 1909), Idaho (p. 4, 1909), Nevada
(chap. 64, 1909), and Wyoming (chap. 17, 1909). The Washington
statute distinguishes between miners, who may remain at their work
ing places not more than eight hours exclusive o f one-half hour for
lunch, and other underground employees, as engineers, rope riders,
motormen, cagers, and other persons necessarily employed in trans
porting men in and out 'of the mine, who may work not more than
ten hours per day. The Arizona law limits to eight per day the
hours o f labor o f hoisting engineers at mines and o f furnace men
at smelters. The Idaho statute is an amendment, making a more spe
cific enumeration o f the places of employment to which the law
applies. A former law o f Wyoming was restricted in its application
to coal mines, but the present act limits to eight per day the hours o f
labor o f employees in mines generally, and in smelters and all estab
lishments for the reduction of ores. Only underground workings
are embraced under the term “ mines ” in the laws above noted, but
the Nevada law fixes the same standard for work in open-pit and
open-cut mines in that State as for underground workings.
496
B U L L E T IN OF T H E BU REA U OF LABOR.
Employees engaged in the laundry department o f laundries may
work but eight hours per day according to a statute of Arizona (chap.
100, 1909). The same term is fixed for labor of employees in plaster
and cement mills in Nevada (chap. 44, 1909). In South Carolina
the law providing that ten hours a day or sixty hours a week shall
constitute the hours for working in cotton and woolen factories is
amended by a provision that the hours of a single day shall not ex
ceed eleven, except for the purpose o f making up lost time; but the
total o f such lost time to be made up may not exceed sixty hours per
annum (No. 121, 1909). The Montana legislature (chap. 75, 1909)
restricted the hours o f labor of telephone operators to nine per day
in towns having a population o f 3,000 and over.
SU N D A Y LABO R.
Practically every State in the Union has a law prohibiting or re
stricting labor on Sundays, besides which are laws limiting the
number o f hours o f work that may be performed in a week, which
are, in effect, restrictive in such a form as to secure to the persons
affected by them one day o f rest out o f seven. A number o f laws
relating to Sunday labor were passed during the period under con
sideration, though most of the changes made were o f minor impor
tance. The statute o f Washington (secs. 242 and 244, chap. 249,1909)
excepts livery stables and garages from its prohibitions. The legisla
ture o f Wisconsin (sec. 4595, 1909) declared barbering not a work of
necessity or charity within the exceptions of its restrictive law;
while the Missouri legislature (p. 445, 1909) repealed a law applying
exclusively to the work o f barbering. The operation o f railroad
trains on Sunday is prohibited in North Carolina, except for the
transportation o f mails, passengers with their baggage, express
service, and the moving o f live stock and perishable freight. This
law is amended (chap. 285, 1909) by permitting the continuance of
the movement o f solid through freight trains entering the State on
Sunday and consigned to destinations beyond its borders. The V ir
ginia legislature authorized (chap. 180, 1908) the court or justice
sentencing any person for the violation o f the Sunday labor law to
require o f the offender a recognizance in a penalty of from $100 to
$5,000, conditioned on the observance o f the law for a period of
twelve months. A permissive feature was enacted by the Massa
chusetts legislature (chap. 420, 1909), whereby certain city or town
officers are given power to authorize Sunday labor for a single day,
the permit to be granted not more than six days in advance o f the
Sabbath on which the work is to be performed. City firemen are
granted a full twenty-four-hour period o f rest per week in the fire
departments o f cities o f the second and third class in the State of
Wisconsin (I729a-10, 1909).
LAWS OP VARIOUS STATES RELATING TO LABOR, ENACTED SINCE
JANUARY 1, 1908.
[The Twenty-second Annual Report of this bureau contains the laws of the various
States and Territories and of the United States relating to labor, in force January 1, 1908.
Later enactments are reproduced below, forming in effect a supplement to the Twentysecond Annual Report. (See the introduction to the Review of labor legislation, p. 455
above.) Instead of reproducing the text of the law in full in cases where slight changes
occur, such changes have in many instances been indicated in brief notes, these notes
being inclosed in brackets. An index of both the report named above and of the laws
here published is to be found on pages 817 et seq. of this issue.]
ALABAM A.
SPECIA L SESSION— 1909.
Intoxication of railway employees.
(Page 63.)
S ection 7. Every person who being employed upon any railw ay
intoxication
or street railw ay as engineer, conductor, baggage master, brake- a misdemeanor,
man, sw itch tender, flagman, motorman or signal man or person
having charge o f stations or the starting or regulating or run
ning o f trains upon any railw ay or street railw ay, or being em
ployed as captain, engineer or other officer o f a vessel propelled
b y steam, shall be intoxicated w hile engaged in the discharge o f
any such duties, shall be guilty o f a misdemeanor.
Approved August 25, 1909.
Employment of children.
(Page 158.)
[T h is chapter reenacts w ithout material change sections 6428 to
6448, inclusive, o f the Code o f 1907.]
A R IZ O N A .
AC TS OF 1909.
C h a p t e r 18.— Hours
of labor of employees at mines and furnaces.
S ection 1. The period o f employment o f hoisting engineers at
Bight hours
th e m ines in this T erritory and furnace men at the smelters in a day’s work,
said T erritory shall be eight hours per day, except in cases ofemergency w here life, or property is in imminent danger.
A pproved M arch 10th, 1909.
C h a p t er 36.— Mine
regulations— Commission to draft code.
S ection 1. The governor, w ith the advice and consent o f the
Governor to
council, shall appoint five suitable persons, residents o f Arizona, appoint c o m tw o o f whom shall be practical miners, and tw o o f whom shall be misslon*
mine owners and operators em ploying at least one hundred men,
497
498
Duties.
Sessions.
Procedure.
B U L L E T IN OF T H E B U BEA U OF LABOB,
and one o f whom shall be a member o f the bar o f Arizona who
has been in the active practice o f the law, in Arizona Territory
for at least tw o years im mediately before the passage o f this act,
(the term “ mine owners and op era tors” shall be taken to mean
and include the general manager, superintendent, or other man
aging officer o f any m ine owner or operator) w ho shall constitute
a commission w hose duty it shall be to prepare and d raft a com
plete and comprehensive code o f law s regulating m etalliferous
mining and providing fo r effective mine inspection. One person
shall be designated by the terms o f his appointment as chairman
o f said com m ission; and the governor shall fill, by appointment,
all vacancies w hich may occur in said commission. That each o f
said commissioners shall receive fo r such services rendered the
sum o f ten dollars per day fo r each day w hile actually in attend
ance upon the sessions o f said commission, not to exceed ten days.
That said commission may employ a clerk or stenographer whose
total compensation shall n ot exceed one hundred dollars, and may
likewise incur an additional expense fo r incidentals not to exceed
the sum o f fifty dollars.
S ec. 2. Said commission shall, w ithin sixty days after appoint
ment o f the members thereof, meet, and hold its sessions at such
place in Arizona Territory, as the chairm an shall designate. The
expense, including compensation o f said com m issioners shall be
paid by the territorial treasurer upon vouchers certified by the
chairm an o f the commission or by order o f the other members o f
the commission, in case o f his absence or inability to a c t ; and the
sum o f one thousand dollars, or so much th ereof as may be neces
sary, is hereby appropriated out o f the general fund o f the Terri
tory and made im mediately available fo r the payment o f said com
pensation and expenses.
Sec. 3. The com m issioner [com m ission] is empowered to make
all necessary o r convenient and proper rules and regulations for
the transaction o f its business, and shall, fo r a period o f six con
secutive days, grant public hearings, at w hich tim e any and all
persons desiring to go before such commission shall be heard.
That the time said first hearing shall begin shall be noticed by
notice signed by the chairman o f said commission and published in
some daily newspaper published in the city o f Phoenix fo r a period
o f at least thirty days prior to the beginning o f said hearing.
That as soon as said hearings are completed said commission shall
proceed to prepare and draft a complete and comprehensive code
o f laws regulating m etalliferous mining, and providing fo r effect
ive mine inspection, and shall, together w ith a written report o f
their actions, deliver the same to the governor to be by him laid
before the next ensuing legislative assembly o f the T erritory o f
Arizona.
Approved M arch 11th, 1909.
C h a p t e r 64.—Payment
of wages due deceased employees.
To whom
S ection 1. From and after the passage o f this act, it shall be
payments may law fu l fo r any employer in this Territory, a t any tim e not less
be made.
than thirty days after the death o f his employee, to pay all wages
due to such deceased employee to the w ife, children, father, or
mother, sister or brother (preference being given in the order
nam ed) o f the deceased employee, w ithout requiring letters o f
administration to be issued upon the estate o f said deceased
employee, where such wages due do not exceed one hundred and
fifth [fifty ] dollars in am ount: Provided, however, That i f such
deceased employees shall not leave a w ife, children, father,
mother, sister or brother surviving him, then it shall be law fu l
fo r said employer to pay the wages due such deceased em ployee
to the creditors, as fo llo w s : Undertaker, physician, boarding
house keeper, and nurse, each his or her pro rata share o f wages,
not exceeding one hundred and fifty dollars, due the deceased,
LABOR LA W S---- A RIZO N A---- ACTS OF 1909.
499
upon affidavit o f fa ct furnished, without letters o f administration
being used.
S ec . 2. The payment o f such wages shall be a fu ll discharge
S u c h payand release to the employer from the wages so due and paid.
m e n t is reApproved M arch 16th, 1909.
eaSe*
C h a p t e r 100.—Hours
of labor of employees in laundries—A ir space.
S ection 1. The period o f employment o f w orking women and
Eight hours
other persons w ho shall be employed in w orking in the laundry a day s work*
department in any laundry establishment, shall be eight hours
in any one day except when it is necessary to make repairs to
prevent the interruption o f the ordinary running o f the machinery
or when a different apportionm ent o f the hours o f labor is made
fo r the sole purpose o f making a shorter day’s w ork fo r one day
o f the week? and in no case shall the hours o f labor exceed fortyeight hours in a week.
Every employer shall post in a conspicuous place in every room Hours to he
w here such persons are employed a printed notice stating th eP °stednumber o f hours w ork required o f them on each day o f the w e e k ;
and the employm ent o f any such person fo r longer tim e in any day
than that so stated shall be deemed a violation o f this section,
unless it appears that such employm ent is to make up fo r time
lost on some previous day o f the same week in consequence o f
the stopping o f m achinery upon w hich such person w as employed
or depended fo r employment.
S ec . 2. There shall be afforded not less than (600) six hundred
Air space,
cubic feet o f air to each w orker or occupant o f any laundry
building or room, and every room shall have at least tw o w indows
connecting w ith the external air and so arranged as to provide
a cross current o f air.
S ec . 3. Any person, body corporate, agent, manager or employer
Violations,
w ho shall violate any o f the provisions o f section 1 and 2 o f this
act shall be guilty o f a misdemeanor and on conviction thereof
shall be fined in the sum o f not less than one hundred ($100)
dollars, nor more than three hundred ($300) dollars fo r each
offense, the same to be collected as in other cases where fines
are imposed.
Approved M arch 18th, 1909.
C h a p t e r 103.—Payment
of wages in scrip.
S ection 1. It shall be unlaw ful fo r any person, firm, company
Scrip, etc., to
or corporation, owning or operating any mines, smelters, mills or
money?^ e
m anufactory, or transacting any kind o f general m ercantile busi
ness, in the T erritory o f Arizona, or any railroad com pany oper
ating in the T erritory o f Arizona, to sell, give, deliver, or in any
manner issue directly or indirectly, to any person employed by
him, in payment o f w ages due fo r labor, or as advances on wages
o f labor not due, any script [scrip], check, draft, ticket, punch
out, due bill, store order or evidence o f indebtedness payable, or
redeemable otherw ise than in their face value in m on ey; and
any such person, acting member or agent o f any firm, acting
agent or officer o f any company or corporation w ho shall violate
any o f the provisions o f this act shall be deemed guilty o f a
misdemeanor and upon conviction shall be punished by a fine not
over five hundred dollars ($500) or be imprisoned in the county
ja il not more than six months nor less than one month.
S ec. 2. W hoever compels, or in any manner seeks to c o m p e l. Coercion in
o r coerce any employee or an y person, firm, com pany or corpora - 1 a *
tion, to purchase goods or supplies from any particular person,
firm, company, or corporation shall be deemed guilty o f a mis
demeanor and upon conviction shall be punished by a fine not less
than five hundred, dollars ($500) or be imprisoned in the county
ja il not more than six months.
20092— No. 85— 10------ 1
500
Enforcement.
B U L L E T IN OP T H E B U REA U OF LABOR,
S ec. 3. Tlie district attorney o f any county in the T erritory o f
Arizona, upon com plaint made to him o f the violation o f any o f
the provisions o f this act in such county shall cause such com
plaint to be investigated before the grand ju ry o f the county at
its next sitting: Provided , also, That any person injured by or
knowing the fa ct o f such violation o f this law may fiie com plaint
before the courts, in the usual way.
[Becam e a law over governor’ s veto, March IS, 3909.]
A R K A N SA S.
ACTS OF 1909.
A ct X o. 13.— Payment
of wages— Semimonthly pay day.
A pplication
S ection 1. A ll corporations doing business in this State who
o f statute.
shall employ any salesmen, mechanics, laborers or other servants
Violations.
fo r the transaction o f their business shall pay the wages o f such
employees semimonthly.
S ec. 2. Any corporation that shall, through its president, or
otherwise, violate section one o f this act shall be deemed guilty
of a misdemeanor and on conviction thereof shall be fined in any
sum not less than fifty dollars nor more than five hundred dollars
for each offense.
Approved February 1, 1909.
A ct X o. 34.— Exemption
of wages— Unlawful assignment of
claims.
Sending
Section 1. W hoever, whether principal, agent or attorney, with
claims out of intent thereby to deprive any resident o f this State o f his or her
State.
rights, under the statutes o f this State on the subject o f the ex
emption o f property from levy and sale on execution, or in at
tachment or garnishment, sends, or causes to be sent out o f this
State any claim fo r debt to be collected by proceedings in attach
ment, garnishment, or other mesne process, when the creditor,
debtor or person or corporation ow ing fo r the earnings intended
to be reached by such proceedings are each and all w ithin the
ju risdiction o f the courts o f this State, shall be guilty o f a misde
m eanor and upon conviction thereof, shall be fined fo r each and
every claim so sent out o f this State in any sum not less than
ten dollars nor m ore than fifty dollars.
Assignin g
S ec. 2. W hoever, either directly or indirectly, assigns or trans
claims for col
lection outside fers any claim fo r debt against a citizen o f this State fo r the pur
of State.
pose o f having the same collected by proceedings in attachment,
garnishment, or other process, out o f the wages or personal earn
ings o f the debtor, in courts outside o f this State, when the cred
itor, debtor, person or corporation ow ing the money intended to be
reached by the proceedings in attachment are each and all within
the ju risdiction o f the courts o f this State, shall be guilty o f a
misdemeanor and upon conviction thereof, shall be fined in any
sum not less than ten dollars nor more than fifty dollars.
Approved February 19, 1909.
A ct X o. 195.— Exemptions
What wages
exempt.
of wages from garnishment.
S ection 1. Section 3905 o f K irby’s D igest [shall] be amended
so as to read as follow s:
The wages o f all laborers and mechanics, not exceeding their
wages for sixty days, shall hereafter be exempt from seizure by
garnishment or other legal p rocess: Provided , The defendant in
any case shall file w ith the court from w hich such process shall
be issued a sworn statement that said sixty days’ wages, claimed
to be exempt, is less than the am ount exempt to him under the
LABOR LAW S— ARKANSAS---- ACTS OF 1909,
501
constitution o f the State, and that he does not own sufficient other
personal property, which, together w ith the said sixty days’ wages,
w ould exceed in amount the lim its o f said constitutional exemp
tion : Provided, T h at when wages are claim ed as exempt, the wages
o f the person claim ing such exemption shall not again be seized
by garnishment or other legal process, fo r a period o f sixty days.
Any officer violating the provisions o f this section shall be
subject to the fines and penalty mentioned in section 3914.
Approved M ay 1, 1909.
A ct N o. 234.—Employment
of children—School attendance.
School a t
S ection 1.
Every parent, guardian o r other person in the
t e n d a n c e re
State o f Arkansas, having charge and control o f any child quired.
between the ages o f (8 ) and (16) years, shall cause such child
to attend regularly some day school, public, private, parochial or
parish, not less than one-half o f the entire time the public school
said child attends is in session, during any one year, or shall
provide such child at home w ith such regular daily instruction
during the usual hours as shall be, in the judgm ent o f court or
school board having competent jurisdiction, substantially equiva
lent to at least the instructions given the children o f like age and
advancement a t the day public school in the locality in w hich
said child resides: Provided , That every parent, guardian or
Proviso.
other person in the State o f Arkansas, having charge and control
o f any child between the ages o f sixteen and twenty years, who
is not actively and regularly and law fully engaged in some useful
employm ent or service, shall cause said child to attend school as
hereinbefore provided fo r children from 8 to 16 years.
S ec. 3. The board having charge o f a public school in a city o r
A tten da n ce
district shall appoint fo r a period o f one year, one o r m ore attend officers.
ance officers to enforce the provisions o f this act. * * * The
attendance officers shall serve w ritten or printed notices upon the
parents or guardians, or persons who have charge and control
o f any child or children as aforesaid w ho violate the provisions
o f this act, and shall, when reasonable doubt exists a s to the age
o f any child, require a properly attested birth certificate or an
affidavit stating such ch ild’s age, the date o f birth and physical
characteristics; and shall have the right to visit and enter any
office or factory or business house em ploying children as afore
sa id ; and the right to require a properly attested certificate o f
attendance o f any child or children at such day sch o o l; and power
to arrest w ithout warrant, all truants and nonattendants as
aforesaid and place them in some public school, unless the parents,
guardians, or persons in charge and control o f said children, re
spectively, shall at once place them in some other day school as
aforesaid. * * *
Schoolin g
S ec. 7. No child between 8 and 16 years o f age shall be em
ployed in any mine, factory, workshop, mercantile establishment, certificate.
or in any manner, during the usual school hours w hile such
school is in session, unless the person employing such child shall
first procure a certificate from the superintendent o r the teacher
o f the school he or she attended, stating that such child attended
school fo r the period required by law, or has been excused from
attendance as provided in section 2 o f ^his act, and it shall be the
duty o f such superintendent or teacher to furnish such certificate
upon application o f a parent, guardian, or person having control
o f such child entitled to same.
S ec. 8. Every owner, superintendent, or officer of any mine,
factory, workshop, or mercantile establishment, and any other
person who shall employ any child between 8 and 16 years o f age,
contrary to the provisions of this act, shall be deemed guilty of a
misdemeanor, and upon conviction shall be fined for each offense
in a sum not less than ten ($10) dollars, nor more than thirty
dollars.
S ec. 9.
Violations.
502
B U L L E T IN OP T H E B U REA U OP LABOR.
Provided, The follow in g counties shall be exempted from the
provisions o f this a c t : Arkansas, Ashley, Baxter, Boone, Bradley,
Calhoun, Clark, Chicot, Cleburne, Columbia, Conway, Crittenden,
Cross, Dallas, Desha, Drew, Hempstead, H ot Spring, H oward,
Izard, Jefferson, Lafayette, Lee, Lincoln, Little River, Logan, Lo
noke, Marion, Miller, Mississippi, Monroe, M ontgomery, Ouachita,
Perry, Phillips, Pike, Poinsett, Polk, Pope, Pulaski, Saline, Searcy,
W oodruff and Yell.
A pproved M ay 12, 1909.
Special laws.
[A ct No. 347 enacts fo r nine counties, including fou r o f those
above exempted, a compulsory-attendance law fo r children from
eight to fourteen years o f age, in the main corresponding in its
provisions w ith those o f act No. 234.]
Exemptions.
A ct N o. 298.— Railroads— Trains
not to
crews.
Crew
be
run without sufficient
re
Section 1. No railroad company or officer o f court ow ning or
operating any line or lines o f railroad in this State, and engaged
in the transportation o f passengers oyer its line or lines, shall
equip any o f its said passenger trains w ith a crew consisting o f
less than an engineer, a fireman, a conductor, a porter and a
flagman or brakeman, except as hereinafter provided.
A pplication
S ec. 2. This act shall not apply to any railroad com pany or
o f law.
officer o f court, whose line or lines are less than one hundred
miles in length, nor to any railroad in this State regardless o f
the length o f said lines where said passenger train so operated
shall consist o f less than three cars, it being the purpose o f this
act to require all railroads in this State w hose line or lines are
over one hundred miles in length, engaged in the hauling o f a pas
senger train consisting o f three cars or more, to equip the same
w ith a crew consisting o f not less than an engineer, a fireman, a
conductor, a porter and a flagman or brakeman, but nothing in
this act shall be so construed as to prevent any railroad com
pany or officer o f court from adding to or increasing its crew be
yond the number set out in this act.
quired.
Violations.
S ec. 3. Any railroad company or officer o f court violating any
of the provisions o f this act, shall be fined for each offense not
less than one hundred nor more than five hundred dollars, and
each passenger train so illegally run shall constitute a separate
offense.
Approved May 31, 1909.
A ct N o. 299.— Railroads—Hospitals
for employees.
Hospitals to
S ection 1. Every railroad company or corporation operating
be maintained railroads in this State w ho have heretofore collected or received
within State.
Violations.
hospital fees from their employees or who may hereafter col
lect or receive such hospital fees from such employees, shall pro
vide hospital facilities in this State o f such capacity and equip
ment as w ill be sufficient fo r the care, needs and accom m odation
o f their sick or injured employees w ho are residents o f this State.
A n y such employees injured w hile in the service o f any such rail
road, shall not be taken or sent out o f the State fo r treatment.
Sec. 2. Any railroad com pany or corporation operating rail
roads in this State, who shall violate any o f the provisions o f this
act, shall be liable on conviction to a fine o f not less than one
hundred ($100) dollars or more than five hundred ($500) dollars
fo r each offense, each day to constitute a separate offense.
Approved M ay 31, 1909,
LABOR LA W S---- CALIFO RN IA -----CODES OF 1906,
503
C A L IF O R N IA .
CODES O F 1906— G EN E RAL LAW S.
A ct N o. 1098.—Inspection
of factories and workshops.
[This act (chapter 5, A cts o f 1889) w as declared unconstitu
tional by the supreme court o f the State on account o f certain
provisions in section 4, and fo r this reason w as omitted from
Sims’ Edition o f the General Laws, and from the Twenty-second
Annual R eport o f the U. S. Commissioner o f Labor. The action
o f the legislature in amending the law, elim inating the invalid
provisions, indicates that it is regarded as valid as amended. It
is therefore reproduced in fu ll in its amended form .]
Section 1. E very factory, workshop, mercantile or other estab- Sanitation,
lishment, in w hich five or more persons are employed, shall be
kept in a cleanly state and free from the effluvia arising from
any drain, privy, or other nuisance, and shall be provided, w ithin
reasonable access, w ith a sufficient number o f w ater-closets or
privies fo r the use o f the persons employed therein. W henever the
persons em ployed as aforesaid are o f different sexes, a sufficient
number o f separate and distinct w ater-closets or privies shall be
provided fo r the use o f each sex, w hich shall be plainly so desig
nated, and no person shall be allow ed to use any water-closet or
privy assigned to persons o f the other sex.
S ec . 2. E very fa ctory or workshop in w hich five or m ore persons
Ventilation,
are employed shall be so ventilated w hile w ork is carried on
therein th at the air shall not become so exhausted as to be in
ju riou s to the health o f the persons employed therein, and shall
also be so ventilated as to render harmless, as fa r as practicable, all
the gases, vapors, dust, or other im purities generated in the course
o f the m anufacturing process or handicraft carried on therein,
that m ay be injurious to health.
S ec . 3. No basement, cellar, underground apartment, or other
U s e of celplace w hich the commissioner o f the bureau o f labor statistics lars» etc*
shall condemn as unhealthy and unsuitable, shall be used as a
workshop, factory, or place o f business in w hich any person or
persons shall be employed.
S ec . 4 (a s amended by chapter 52, A cts o f 1909). In any factory,
Fans, biowworkshop, or other establishment where a w ork or process is ®rs» ®tc^ to be
carried on by w hich dust, filaments, or injurious gases are pro- msta lea*
duced or generated, that are liable to be inhaled by persons em
ployed therein, the person, firm or corporation, by w hose authority
the said w ork or process is carried on, shall cause to be provided
and used in said factory, workshop or other establishment, ex
haust fans or blowers w ith pipes and hoods extending therefrom
to each machine, contrivance or apparatus by w hich dust, fila
ments or injurious gases are produced or generated. The said
fans and blowers, and the said pipes and hoods, all to be properly
fitted and adjusted, and o f pow er and dimensions sufficient to
effectually prevent the dust, filaments, or injurious gases produced
or generated by the above said machines, contrivances or ap
paratuses, from escaping into the atmosphere o f the room or room s
o f said factory, workshop or other establishment w here persons
are employed.
S ec . 5 (a s amended by chapter 12, A cts o f 1903). E very person,
Seats for fefirm, or corporation employing females in any manufacturing, J50yees. 6 m
mechanical, or mercantile establishment shall provide suitable
seats fo r the use o f the females so employed, and shall provide
such seats to the number o f at least one-third the number o f
females so em ployed; and shall permit the use o f such seats by
them when they are not necessarily engaged in the active duties
fo r w hich they are employed.
S ec. 6. Any person or corporation violating any o f the provisions Penalty,
o f this act shall be punished by a fine o f not less than fifty nor
m ore than one hundred dollars fo r each offense.
S ec . 7. It shall be the duty o f the commissioner o f the bureau o f Enforcement,
labor statistics to enforce the provisions o f this act.
504
B U L L E T IN OP T H E BU K EAU OF LABOR.
A C TS OF 1009.
C h a p t e r 42.— Bureau
of labor.
S ection 1. Section nine o f an act entitled, “ An act to establish
and support a bureau o f labor statistics,” is hereby amended to
read as fo llo w s :
Personnel of
Seetion 9. The com m issioner shall appoint a deputy, who shall
bureau.
have the same powers as said commissioner, an assistant deputy,
w ho shall reside in the city o f L os Angeles, a statistician, a
stenographer, and such agents o r assistants as he m ay from time to
tim e require, at such a rate o f wages as he m ay prescribe, but
sa id rate must not exceed five dollars per day an d actu al travel
ing expenses fo r each person w hile employed. H e shall procure
room s necessary fo r offices, at a rent not to exceed th e sum o f
one hundred and fifty dollars per month.
Approved February 20, 1909.
C h a p t e r 59.— Board
of health—Effect of employments on health,
S ection 1. Section tw o thousand nine hundred seventy-nine o f
the P olitical Code is hereby amended to read as fo llo w s :
2979.
*
*
*
*
*
It [the state board o f health] shall cause special investigation o f
Investiga
tion directed. the sources o f m ortality and the effects o f localities, employments,
conditions and circum stances on the public health,
*
*
*
*
*
*
*
*
Approved February 22, 1909.
C h a p t e r 89.— Employment
Violations.
S ection 1. Section 8 o f an act entitled “An act defining the
duties and liabilities o f employment agents, making the violation
th ereof a misdemeanor, and fixing the penalties therefor,” ap
proved February 12, 1908, approved M arch 18, 1905, is hereby
amended to read as fo llo w s :
Section 8. A ny employment agent or other person violating or
omitting to com ply with, any o f the provisions o f this act, shall
be deemed guilty o f a misdemeanor, and upon conviction shall be
punished by a fine not exceeding five hundred (500) dollars, or by
Imprisonment not exceeding six (-6) months, or by both such
fine and im prisonment in the discretion o f th e court. A ll fines
im posed and collected under the provisions o f this act shall be
paid into the state treasury and credited to the contingent fund
o f the bureau o f labor satistics.
A pproved M arch 3, 1909.
C h a p t e r 102.— Employment
Access
records.
offices.
offices.
S ection 1. Seetion seven o f an act entitled, “ An a ct defining
the duties and liabilities o f employment agents, m aking the
violation thereof a misdemeanor, and fixing the penalties there
fo r ,” is hereby amended to read as fo llo w s :
to
Section 7. Each employm ent agent in the State o f California
shall perm it the commissioner o f the bureau o f labor statistics
o f said State, by himself, or by his deputies or agents, to have at
a ll times access to, and to inspect, the record in section six h ereof
named, and upon dem and in w riting therefor by said com m is
sioner, shall furnish to such commissioner a true copy o f said
record, or o f such portion thereof as said demand in w riting shall
require a copy o f to be thus furnished. The commissioner, his
deputies and agents shall have all pow ers and authority o f
sheriffs to make arrest fo r violations o f the provisions o f this a c t
Approved March fi, 1909,
LABOR LAW S— CALIFORNIA— ACTS OF 1909,
C hapter 104.—Inspection
505
of factories, etc.—Manufacture of food
products.
S ection 1. Every building, room, basement or cellar, occupied,
Sanitation
or used as a bakery, confectionery, cannery, packing house, required,
slaughterhouse, restaurant, hotel, grocery, meat market, or other
place or apartment, used fo r the production, preparation for sale,
m anufacture, packing, storage, sale or distribution o f any food,
shall be properly lighted, drained, plumbed and ventilated, and
conducted w ith strict regard to the influence o f such conditions
upon the health o f the operatives, employees, clerks o r other
persons therein employed, and the purity and wholesomeness o f
the food therein produced, kept, handled or sold ; and fo r the
purpose o f this act the term “ f o o d ” shall include all articles
used fo r food, drink, confectionery or condiment, whether simple
or compound, and all substances and ingredients used in the
preparation thereof.
S ec. 2. The floors, side walls, ceilings, furniture, receptacles,
Floors, utenutensils, implements and machinery o f every establishment or
etc-> to
place w here food is manufactured, packed, stored, sold or distri- c
buted, shall at no time be kept in an unclean, unhealthful o r un
sanitary con dition ; and fo r the purposes o f this act, unclean, un
healthful and unsanitary conditions shall be deemed to exist if
fo o d in the process o f manufacture, preparation, packing, storing,
sale or distribution is not securely protected from flies, dust, dirt,
unsanitary conditions, and as fa r as may be necessary, by all
reasonable means from all other foreign or injurious contam ina
tio n ; and i f the refuse, dirt, and the waste products subject to
decom position and ferm entation incident to the manufacture,
preparation, packing, storing, selling and distributing o f food, are
not removed d a ily ; and i f all trucks, trays, boxes, baskets,
buckets, and other receptacles, chutes, platform s, racks, tables,
shelves, and all knives, saws, cleavers, and all other utensils,
receptacles, and machinery, used in moving, handling, cutting,
chopping, mixing, canning, and all other processes used in the
preparation o f food, are not thoroughly cleaned d a ily ; and i f the
clothing o f operatives, employees, clerks, and other persons therein
employed, is unclean, or i f they dress or undress, or leave or store
their clothing therein.
S ec . 3. The side w alls and ceilings o f every bakery, confecConstruction
tionery, hotel and restaurant kitchen, shall be w ell plastered, or of walls and
ceiled, w ith metal or lumber, or shall be oil painted or kept w ell cemn&slimewashed, or otherwise kept in a good sanitary condition and
all interior w oodw ork o f every bakery, confectionery, hotel and
restaurant kitchen, shall be kept w ell oiled or painted w ith oil
paint, and be kept washed clean w ith soap and w ater or other
wise kept in a good sanitary condition ; and every building, room,
basement or cellar, occupied or used fo r the preparation, manu- Floors,
facture, packing, storage, sale or distribution o f food, shall have
an impermeable floor, made o f cement or tile laid in cement,
.brick, w ood or other suitable, nonabsorbent m aterial w hich can
be flushed and washed clean w ith water.
S ec . 4. The doors, w indows and other openings o f every food
Screens,
producing or distributing establishment, where practicable, shall
be fitted w ith stationary or self-closing screen doors and w ire
w indow screens, o f not coarser than fourteen-mesh w ire gauze.
S ec. 5. E very building, room, basement or cellar, occupied or Toilet rooms,
used fo r the preparation, manufacture, packing, canning, s a le etcor distribution o f food, shall have convenient toilet or toilet
rooms, separate and apart from the room or room s where the
process o f production, m anufacture, packing, canning, selling or
distributing, is conducted. The floors o f such toilet room s shall
be o f cement, tile laid in cement, w ood, brick or other nonabsorb
ent material, and shall be washed and scoured daily.
Such
toilets shall be furnished w ith separate ventilating pipes or flues,
discharging into soil pipes, or on the outside o f the building in
w hich they are situated. Lavatories and wash room s shall be
506
B U L L E T IN OP T H E B U REA U OP LABOR,
adjacent to toilet rooms, and shall be supplied w ith soap, running
w ater and towels, and shall be maintained in a clean and sani
tary condition. Operatives, employees, clerks and all persons who
handle the m aterial from w hich food is prepared, or the finished
product, before beginning w ork and im mediately after visiting a
toilet or lavatory shall wash their hands and arms thoroughly
in clean water.
Cuspidors.
S ec. 6. Cuspidors, for the use o f operatives, employees, clerks
and other persons, shall be provided, and each cuspidor shall be
emptied and washed out daily with disinfectant solution and not
less than five ounces o f such solution shall be left in each cuspidor
while in use. No operative, employee, clerk or other person,
shall expectorate or discharge any substance from his nose or
mouth, on the floor or interior side wall o f any building, room,
basement, or cellar where the production, manufacture, packing,
storing, preparation or sale o f any food product is conducted.
Sleeping in
Sec. 7. No person shall be allowed to, nor shall he, reside or
workrooms.
sleep in any room of a bake shop, public dining room, hotel or
restaurant kitchen, confectionery, or other place where food is
prepared, produced, manufactured, served or sold.
C on ta giou s
S ec . 8. No em ployer shall require, perm it or suffer any person
o r in fe ctio u s to w ork, nor shall any person w ork, in a building, room, basement,
diseases.
cellar, place or vehicle, occupied or used fo r the production, prep
aration, m anufacture, packing, storage, sale, distribution or
transportation o f food, w ho is afflicted or affected w ith any vene
real. disease, sm allpox, diphtheria, scarlet fever, yellow fever,
tuberculosis, consumption, bubonic plague, A siatic cholera, lep
rosy, trachoma, typhoid fever, epidemic dysentery, measles,
mumps, German measles, whooping-cough, chicken pox, or any
other infectious or contagious disease.
Enforcement.
S ec . 9. The members o f the state board o f health, inspectors
and agents appointed by said board, and all local health officers
and inspectors, shall have fu ll pow er at all times to enter every
building, room, basement, cellar, or any place occupied or used,
or suspected o f being occupied or used, fo r the production, manu
facture, preparation, storage, sale or distribution o f food, and to
inspect the premises and all utensils, implements, receptacles,
fixtures, furniture and m achinery used as aforesaid, and if, upon
inspection, any such building, room, basement, cellar, or any
such place, vehicle, employer, operative, employee, clerk, driver,
or other person, is found to be in violation or violating any o f the pro
visions o f this act, or i f the production, preparation, m anufacture,
packing; storing, sale or distribution o f food is being conducted
in a manner detrim ental to the health o f the employees or oper
atives or to the character or quality o f the food therein being
produced, manufactured, packed, stored, sold, distributed or con
veyed, the officer or inspector making the exam ination shall a t
once make a w ritten report o f the same to the district attorney
o f the county w ho shall prosecute all persons violating any o f the
provisions o f this act, and also to the state board o f health. T he
state board o f health, from time to time, as in its discretion it m a y
determine, may publish such reports in its m onthly bulletin.
W hat are
nuisances.
Violations.
S ec. 10. A ll buildings, rooms, basements, cellars, and other
places and things, kept, maintained or operated, or which are, in
violation o f the provisions o f this act or any o f them, and all food
produced, prepared, manufactured, packed, stored, kept, sold, dis
tributed or transported, in violation o f the provisions o f this act
or any o f them, are hereby declared to be public nuisances, dan
gerous to health. Such nuisances may be abated or enjoined, in
an action brought for that purpose by the local or state board o f
health, or they may be summarily abated in the manner provided
by law for the summary abatement of public nuisances dangerous
to health.
S ec. 11. A ny person, firm o f corporation, whether as principal
or agent, employer or employee, who violates any o f the provi
sions o f this act shall be guilty o f a misdemeanor, and each day
that conditions or actions, in violation o f this act, shall continue,
LABOR LAW S---- CALIFORNIA— ACTS OF 1909,
507
shall be deemed to be a separate and distinct offense, and fo r each
offense, upon conviction, he shall be punished by a fine o f not
less than twenty-five dollars, nor more than five hundred dollars,
or shall be im prisoned in the county ja il fo r a term not exceeding
six months, or by both such fines and imprisonment.
Approved M arch 6, 1909.
C h a p t e r 107 .—Protection
of employees on buildings.
Flooring to
S ection 1. A n y building more than three stories high in the
be laid during
course o f construction shall have the joists, beams or girders o f construction.
each and every floor below the floor or level where any w ork is
being done or about to be done, covered w ith flooring laid close
together, or w ith other suitable material, to protect workmen
engaged in such building from falling joists or girders, and from
falling bricks, rivets, tools and other substances w hereby life
and limb are endangered.
Contractor’s
S ec . 2. It shall be the duty o f the contractor having charge o f
duty.
such building to provide the flooring as herein required.
Owner’s
S ec . 3. It shall be the duty o f the ow ner o f such building to
duty.
see that the contractor carries out the provisions o f this act.
Same.
S ec. 4. Should the owner o f such building let a contract fo r
the construction o f the class o f building as herein provided to
more than one contractor it shall then be the duty o f the owner
to provide the flooring as herein required.
Violations.
S ec . 5. Failure upon the part o f the owner or contractor to
com ply w ith the provisions o f this act shall be deemed a mis
demeanor and shall be punishable as such.
Approved M arch 6, 1909.
C h a p t e r 120.—Employment
offices.
S ection 1. Any business, pursued fo r profit, fo r furnishing di Definition.
rectly or indirectly, to persons seeking employment, inform ation
enabling, or tending to enable such persons to secure such em
ployment, or registering for any fee, charge, or commission, the
names o f any persons seeking employment as aforesaid, shall be
deemed to be an employment agency w ithin the meaning o f this
act.
S ec . 2. Every person, firm, corporation or association w ho con License r e
quired.
ducts or operate an employment agency in the State o f California,
w ithout first procuring a license therefor, as provided in this act,
is guilty o f a misdemeanor.
Licenses.
S ec . 3. Licenses granting the privilege to conduct or operate
employm ent agencies shall be issued and delivered upon applica
tion, by the commissioner o f the bureau o f labor statistics, w hich
license shall contain the name o f the person, firm, corporation or
association, seeking to conduct or operate an employment agency,
and the exact location o f the employment agency.
S ec . 4. The licenses herein provided fo r shall be issued as fo l To whom is
lo w s: T o any person, firm, corporation or association, conducting sued.
or operating, or seeking to conduct or operate, an employment
agency
1. In cities o f the first, first and one-half and second classes
upon payment o f fifty dollars.
2. In cities o f the third and fourth classes, upon payment o f
twenty-five dollars.
3. In all other cities and towns, upon payment o f six dollars.
Sec. 5. E very person, firm, corporation or association applying Applications.
fo r and procuring a license as herein provided, shall give to the
commissioner o f the bureau o f labor statistics, the name and resi
dent address o f such person, or the names and resident addresses
o f the partners o f such firms, or the names and resident ad
dresses o f the officers and directors o f such corporations or asso
ciations, and the city or town, street and number, where the em-
508
B U L L E T IN OF T H E B U REA U OF LABOR.
ploym ent agency is conducted or operated, or sought to be con
ducted and operated.
T e r m o f liS ec . 6. A ll licenses issued as herein provided shall be valid,
cense.
and shall authorize the person, firm, corporation or association to
whom issued, to conduct or operate an employment agency on
and from the date o f issuing to the thirty-first day o f M arch fol
lowing, but no license shall continue in force for a longer period
than one year.
Pees
fines*
and
Sec. 7. A ll moneys collected for licenses as provided herein
and all fines collected for violation of the provisions hereon, shall
be paid into the state treasury and credited to the contingent
fund o f the bureau of labor statistics.
Branch agen
S ec. 8. Every person, firm, corporation or association con
cies.
ducting or operating, or seeking to conduct or operate branch em
ployment agencies in the same or different localities must pro
cure a separate license for such branch employment agencies;
and no license issued as herein provided shall be transferable or
used by any other person, firm, corporation or association than
the one to whom it was issued, or used in a different location than
the one for which it was issued, without the written consent of
the commissioner o f the bureau of labor statistics.
Licenses * 0
S ec. 9. A ll licenses issued as herein provided, shall be posted in
be posted.
a conspicuous place, and any person, firm, corporation or associa
tion having such license and w ho refuses to exhibit the same
upon demand o f any officer or agent o f the bureau o f labor sta
tistics, or any peace officer o f the State, shall be guilty o f a mis
dem eanor; and any person, firm, corporation or association law
fu lly having such licenses, and w ho transfers or disposes o f the
same to another person, firm, corporation, or association to be used
as an employment agency license, shall forfeit the same.
Violations.
S ec. 10. Every person, firm, corporation or association violating
any of the provisions o f this act, shall upon conviction thereof, be
guilty of a misdemeanor.
S ec. 11. Upon conviction, o f any person, firm, corporation or
association fo r the violation o f any o f the provisions o f this
act, or an act entitled, “ An act defining the duties and liabilities
o f employment agents, making the violation thereof a misde
meanor, and fixing the penalties therefor,” approved February 12,
1903, the commissioner o f the bureau o f labor statistics shall have
the right to revoke all licenses issued to such person, firm, cor
poration or association, enabling them to conduct or operate an
employment agency.
County, etc.,
Sec. 12. Nothing in this act shall be construed to prevent the
taxes.
collection o f any tax or license by any county or municipal au
thority.
Approved M arch 6, 1909.
R e v o ca tio n
of license.
C hapter 128.—Employment
Unlawful
of children— School attendance.
S ection 1. A ll minors coming within the provisions o f an act
entitled, “ An act regulating the employment and hours o f labor o f
children, prohibiting the employment o f minors under certain ages,
prohibiting the employment o f certain illiterate minors, providing
fo r the enforcem ent hereof by the commissioner o f the bureau o f
labor statistics and providing penalties fo r the violation hereof,”
(approved February 20, 1905) and found employed and at w ork
w ithout the necessary legal authorization as provided for and re
quired in said act, and whose ages are between the m aximum and
minim um age lim its as described in an act entitled, “ An act to
enforce the educational rights o f children and providing penalties
fo r violation o f the act,” shall be placed or delivered into the cus
tody o f the school district authorities o f the county, city, or city
and county in w hich they are found illegally at work.
Enforcement.
S ec. 2. The commissioner o f the bureau o f labor statistics is
hereby authorized, directed and empowered to en force the pro
visions o f this act.
employment,
Approved March 8, 1909.
LABOR LAW S-----CALIFORNIA— ACTS OF 1909,
C h a p t e r 134.— Bureau
509
of labor—Report on Japanese.
S ection L Upon this act becoming effective the governor shall Investigation
direct the state labor commissioner to immediately undertake and o f Japanese.
complete as soon as possible the gathering and com piling o f statis
tics and such other inform ation regarding the Japanese o f this
State as may be useful to the governor in making a proper report
to the President o f the United States and to Congress, and in fu r
nishing to the people o f this State and elsewhere a comprehen
sive statement o f such conditions as actually exist. Upon the
order o f the governor such statistics and inform ation shall be
printed and distributed.
A pproved M arch 8, 1909.
C h a p t er 181.— Hours
of labor of employees in mines and smelters.
S ection 1. The period o f employment fo r all persons w ho are
Eight hours
em ployed or engaged in w ork in underground mines in search o f a day’s labor.
minerals, whether base or precious, or who are engaged in such
underground mines fo r other purposes, or w ho are employed or
engaged in other underground w orkings whether fo r th e purpose
o f tunneling, making excavations or to accom plish any other pur
pose or design, or who are employed in smelters and other insti
tutions fo r the reduction or refining o f ores or metals, shall not
exceed eight hours within any twenty-four hours, and the hours
o f employment in such employment or w orkday shall be consecu
tive, excluding, however, any intermission o f tim e fo r lunch or
m eals: Provided , That in the case o f emergency w here life or
property is in imminent danger, the period may be a longer time
during the continuance o f the exigency or emergency.
Violations.
S ec . 2. Any person w ho shall violate any provision o f this act,
and any person who as foreman, manager, director or officers o f a
corporation, or as the employer or superior officer o f any per son *
shall command, persuade or allow any person to violate any pro
vision o f this act, shall be guilty o f a misdemeanor and upon
conviction shall be punished by a fine o f not less than fifty dollars
($50) nor m ore than three hundred dollars ($300), or by impris
onment o f not more than three months. And the court shall have
discretion to impose both fine and imprisonment as herein pro
vided.
Approved M arch 10, 1909.
C h a p t e r 250.— Leave
of absence for employees in public service.
Leave of ab
S ection 1. Each employee regularly employed at the state hos
pitals and each employee regularly employed in the service o f any sence allowed.
o f the state com m issions or state boards or in the state printing
office w ho shall have been employed fo r a period o f not less than
six months shall be allowed, during each year o f his service, a
vacation o f not less than fifteen days’ du ration ; said vacation to
be w ithout loss o f pay, and the time allow ed for said vacation to
be designated by the management o f such state hospitals, and by
the members o f the state commissions and state boards and by
the superintendent o f state printing.
A pproved M arch 15, 1909.
C h a p t er 254.— Employment
of children.
S ection 1. Section 2 o f an act entitled, “ A n act regulating the
employment and hours o f labor o f children, [etc.,] approved Feb
ruary 20, 1905, is hereby amended to read as fo llo w s :
[T h is amendment adds to the list o f employments for which
night w ork is prohibited by the section o f the law indicated the
follow in g a ls o : Employment in places o f amusement, restaurants,
hotels, apartment houses, and employment in the distribution or
transm ission o f merchandise or messages.]
Night work.
510
B U L L E T IN OP T H E B U REA U OF LABOR.
S ec . 2. Section 3 o f * * * [said] act * * ♦ is hereby
amended to read as follow s:
Records.
[Section 3 is amended by adding employm ent in places o f
amusement to the list o f employments fo r w hich records o f names
and certificates o f children employed are to be kept. The fo l
low ing paragraph is also ad d ed :]
Reports.
The county superintendent o f schools o f each county shall file
w ith the commissioner o f the bureau o f labor statistics a report
show ing the number o f age and schooling certificates issued to
male and fem ale minors, fourteen years and fifteen years o f age,
and such other detailed inform ation as the comm issioner may
require. Said report to be filed during the months o f January
and July o f each year fo r the preceding six months ending June
25th and December 25th o f each year, and cover certificates issued
during said periods and on file in the office o f county superin
tendents o f schools, as described in paragraph five o f this section.
S ec . 3. Section 4 o f * * * [said]
* * * act is hereby
amended to read as fo llo w s :
Fines.
[T h e law form erly provided that any fine collected under its
provisions should be paid into the school funds o f the county,
or city and county, in w hich the offense occurred. The amend
ment a d d s:]
E xcept such fines imposed and collected as the result o f prose
cutions by the officers o f the bureau o f labor statistics. In such
cases one-half o f resultant fine or fines shall be paid into the
state treasury and credited to the contingent fund o f the bureau
o f labor statistics, and one-half paid into the school funds o f
the county, or city and county in w hich the offense occurred.
S ec . 4. Section 6 o f * * * [said] act * * * is hereby
amended to read as fo llo w s :
Enforcement.
Section 6. It shall the duty o f the comm issioner o f the
bureau o f labor statistics to enforce the provisions o f this act.
The commissioner, his deputies and agents shall have all powers
and authority o f sheriffs to make arrests fo r violations o f the
provisions o f this act.
Approved M arch 15, 1909.
C h a p t e r 312.—Accidents
on railroads .
S ection 31a. The railroad commission shall investigate the
Commission
to investigate. cause o f all accidents on any railroad w ithin the State w hich
result in loss o f life or injury to persons or property, and which
in its judgm ent shall require investigation. E very common car
rier and railroad corporation is hereby required to give immediate
notice to the commission o f every accident happening upon any
line o f railroad owned, operated, controlled or leased by it in
such manner as the commission may direct. Such notice shall
not be adm itted as evidence or used fo r any purpose against
such common carrier or railroad corporation giving such notice
in any suit or action fo r damages grow ing out o f any m atter men
tioned in said notice.
Approved M arch 19, 1909.
C h a p t e r 331.—Labor
organizations— Unauthorized use of badges.
S ection 1. A ny person who shall w illfu lly wear the button o f
Unauthorized
use prohibited. any labor union o f this State, unless entitled to wear said button
under the rules o f such union, shall be guilty o f a misdemeanor,
and, upon conviction, shall be punished by im prisonment fo r a
term not to exceed twenty days in the county ja il or by a fine
not to exceed twenty dollars, or by both such fine and im prison
ment.
Approved March 20, 1909.
LABOR LAW S-----CALIFORNIA— ACTS OF 1909,
C h a p t e r 362.— Antitrust
511
act—Labor organizations exempt.
S ection 3. A new section is hereby added to said [antitrust]
act to be numbered section thirteen and to read as fo llo w s :
Section 13. Labor whether skilled or unskilled is not a com- Labor not a
m odity within the meaning o f this act.
commodity.
Approved M arch 20, 1909.
C h a p t e r 392.— Labor
organizations— Unauthorized use of cards.
S ection 1. A ny person, who shall w illfu lly use the card o f any Unauthorized
labor union to obtain aid, assistance or employment, th ereb y use prohibited,
w ithin this State, unless entitled to use said card under the rules
and regulations o f a labor union w ithin this State, shall be guilty
o f a misdemeanor.
Approved M arch 22, 1909.
C h a p t e r 413.— Sale
of intoxicants near construction camps.
S ection 1. It shall be unlaw ful fo r any person to sell, keep fo r
Sale, etc., of
sale, or give away, any spirituous, vinous, m alt or m ixed intoxicat- prohibited.11* 8
ing liquors at any place situated m ore than one mile outside the
lim its o f an incorporated city or town, and within fou r miles o f
any camp or assembly o f men, numbering twenty-five or more,
engaged upon, or in connection with, the construction, repair or
operation o f any public or quasi public work, improvement or
u tility : Provided , however, That nothing in this section contained Proviso,
shall be deemed to apply to the sale, keeping fo r sale, or disposal
o f any such liquor at a licensed saloon or liquor store w hich
shall have been established, or at a licensed saloon or liquor store
w hich shall be maintained, at the tim e this act takes effect, upon
the same premises where a licensed saloon or liquor store shall
have been established, at least six months prior to the establish
ment o f such camp or assembly o f men, or to the sale, keeping fo r
sale, or disposal o f any such liquors at any winery, licensed
brew ery or distillery, where the same is m anufactured.
Sec. 2. Any person violating any of the provisions o f this statute
shall be guilty o f a misdemeanor, and, for each offense, shall be
punished by a fine not exceeding five hundred dollars, or by im
prisonment in the county jail not exceeding six months, or by
both such fine and imprisonment.
Violations,
Approved M arch 25, 1909.
COLORADO.
ACTS OF 1909.
C h a p t e r 138.— Examination,
etc., of barbers.
S ection 1. It shall be unlaw ful fo r any person to follow the
Certifi cates
occupation o f barber in this State unless they shall have first refiuiredobtained a certificate o f registration as provided in this a c t:
Provided, however, That nothing in this act contained shall apply Proviso,
to or affect any person who is now actually engaged in such occu
pation, except as hereinafter provided.
S ec. 2. A board o f examiners, to consist o f three (3 ) persons, Board of exis hereby created to carry out the purposes and enforce the pro- aminers.
visions o f this act. Said board shall be appointed by the governor—
one (1 ) member from the persons who may be recommended by
the several unions o f journeym en barbers in this State w hich
have been in actual existence at least tw o (2 ) years prior to
the making o f such recommendations, one (1 ) member who has
been fo r at least three years prior to his appointment, an employ
ing barber in this State, and the third to be a practical barber who
has been fo r at least five years prior to his appointment engaged
in such occupation in this State, Each member o f said board
512
Organization
o f board.
B U L L E T IN OF T H E BU R E A U OF LABOR.
shall serve fo r the term o f three (3 ) years, and until his succes
sor is appointed and qualified, except in the case o f the first
board, whose members shall serve one (1 ), tw o (2 ) and three (3 )
years respectively, as specified in their appointment. Each mem
ber o f said board shall give a bond in the sum o f twenty-five
hundred dollars ($2,500), w ith sureties to be approved by the
secretary o f state, conditioned fo r the faith fu l perform ance o f
his duties, and shall* take the oath provided by the law fo r public
officers. Vacancies upon said board caused by death, resigna
tion, or expiration o f the term o f any member thereof, shall be
filled by appointment from the same class o f persons to w hich the
deceased or retiring member belonged.
S ec. 3. Said board shall elect a president, secretary and treas
urer; shall have its headquarters at the city and county o f Den
v er; shall have a common seal, and the president and secretary
shall have power to administer oaths to carry out the provisions
of this act only.
Compe n s a S ec. 4. Each member o f said board shall receive a compensa
tion.
tion o f five dollars ($5) per day fo r actual service, and five cents
(5c.) per mile for each mile actually traveled in attending meet
ings o f the board, w hich compensation shall be paid out o f any
moneys in the hands o f the treasurer o f said b oa rd : Provided,
That the said compensation and railroad fare shall in no event
be paid out o f the state treasury.
Reports.
S ec. 5. Said board shall report to the governor o f this State
a fu ll statement o f the receipts and disbursements o f the board,
by giving an itemized account in pamphlet form , and a copy fu r
nished to each member o f the legislature, and each barber w ork
ing under the provisions o f this act during the preceding tw o (2 )
years, a fu ll statement o f its doings and proceedings and such
recom mendations as to it may seem proper looking to the better
carrying out o f the interests and purposes o f this a c t; and said
board shall pay the expense o f any publication thereof, and said
board shall not have the right to create any indebtedness on behalf
o f the State o f Colorado. Any money in the hands o f the treas
urer o f said board, at the time o f m aking such report, in excess
o f tw o hundred and fifty dollars ($250) shall be paid over to the
state treasurer, to be by him turned in to the school fund o f the
State o f Colorado.
E xa m i n a
S ec. 6. Said board shall hold public exam inations not less than
lions.
fou r (4 ) times in each year, in not less than fou r (4 ) different
cities in this State, at such times and places as it may determine.
N otice o f such meetings to be given by a publication thereof at
least ten (10) days before such meetings, at the capital o f the
State, and in the city where such meetings are to be held.
Registration.
S ec. 7. Every person now engaged in the occupation o f barber
in this State shall, w ithin ninety (9 0 ) days after the approval o f
this act, file w ith the secretary o f said board an affidavit, setting
forth his or her name, residence, and the length o f time during
which, and the places where, he or she has practiced such occupa
tion, and shall pay to the treasurer o f said board one dollar ($1)
and a certificate o f registration entitling him or her to practice
such occupation for .the year ending Decem ber 31, 1909, thereupon
shall be issued to him or her, and the holder o f such certificate
shall, w ithin thirty days (30) prior to the expiration o f his or
her certificate, make application fo r the renewal o f the same,
stating the number o f expiring certificate, and shall in each case
pay to the treasurer o f said board the sum o f one dollar ($1 )
therefore {th erefor]. F or any or every license given or issued by
the board a fee o f one dollar ($1) shall be paid, by the person re
ceiving the same.
S ec. 8. Any person not holding a license under the provisions o f
Applications.
the preceding section and desiring to obtain a license under this
act, shall make application to said board therefor, and shall pay
to the treasurer o f said board an exam ination fee o f five dollars
($5) w hich shall be refunded in case license is not issued, and
shall present him or herself at the next regular meeting o f the
LABOR LAWS-----COLORADO— ACTS OF 1909.
513
board fo r exam ination o f applicants, whereupon said board shall
proceed to exam ine such person, and being satisfied that he or she
is above the age o f nineteen (19) years, o f good m oral character
(fre e from contagious infectious or blood disease), has either (a )
studied the trade fo r a period o f three (3 ) years as apprentice
under a qualified and practicing barber, or (b ) studied the trade
in a properly appointed and conducted barber school under the
instruction o f a competent barber for a period o f at least three
(3 ) years, or ( c ) practiced the trade in another State for a per
iod o f at least three (3 ) years, and is possessed o f requisite skill
in said trade to properly perform all the duties thereof, including
his or her knowledge and ability in the aseptic, antiseptic prepa
ration o f the tools, shaving, hair cutting and all the duties and
services incident thereto, and is possessed o f sufficient knowledge
concerning the common diseases o f the face and skin to avoid the
aggravation and spreading thereof in the practice o f said trade,
his or her name shall be entered by the board in the register
hereinafter provided for, and a certificate o f registration shall
be issued to him or her, authorizing him or her to practice such
trade in this State: Provided , That whenever it appears that ap
plicants have acquired their knowledge in -a barber school, the
board shall be judges o f whether said barber school is properly
appointed and conducted, and under proper instruction tc give
sufficient training in such trade.
S ec . 9. Nothing in this act shall prohibit any person from servApprentices,
ing as an apprentice in said trade under a barber authorized to
practice the same under this a c t: Provided, That said apprentice
shall be registered w ith the board o f examiners and shall display
such certificate o f registration as is issued by said board, the
same to be displayed in fron t o f the chair on w hich he or she is
em ployed: Provided , In no barber shop there shall be m ore than
one apprentice employed.
S ec . 10. Said board shall furnish to each person to whom a
Cards,
certificate o f registration is issued, a card or insignia, bearing
the seal o f the board and the signature o f the president and sec
retary, certifying that the holder thereof is entitled to practice
the occupation o f barber in this State, and it shall be the duty o f
the holder o f such card or insignia to post the same in a conspicu
ous place in front o f his or her working chair, where it may be
readily seen by all persons whom they may serve.
S ec . 11. Said board shall keep a register in which shall be entered the names of all persons to whom licenses are issued or ex
amination, given under this act, and said register shall be open at
all times for public inspection.
S ec . 12. Said board shall have power to revoke any certificate
Register,
Revocation
o f registration granted by it under this act, fo r (a ) con v iction of certificates,
o f a fe lo n y ; (b ) habitual drunkenness for a period o f six (6).
months im mediately before a charge duly m ade; ( c ) gross in
competency, or (d ) contagious or .infectious disease: Provided,
That before any certificate shall be revoked the holder thereof
shall have notice in w riting from said board o f the charge or
charges against him or her, and shall at a day specified in said
notice, at least fifteen (15) days after the service thereof, be
given a public hearing before said board, and fu ll opportunity
to produce testim ony in his or her behalf, and to confront the
witnesses against him or her. Any person whose certificate has
been revoked may, after the expiration o f ninety (90) days, apply
to have the same regranted, and the same shall be regranted to
them upon a satisfactory showing that the disqualifications have
ceased.
S ec . 13. Any person who shaves another person afflicted w ith
D isinfection
syphilis, eczema, blood poison, or any skin disease, w ho does not, of tools*
before he or she again uses their tools and towels, subject them
to disinfection, by boiling, shall be guilty o f a misdemeanor and
shall be punished accordingly.
S ec. 14. To shave or trim the beard or cut the hair o f any Definition,
person fo r hire, or reward, received by the person perform ing such
514
B U L L E T IN OF T H E B U REA U OF LABOR,
service, or any other person, shall be construed as practicing
the occupation o f barber w ithin the meaning o f this act.
Acting withSec. 15. Any person practicing the occupation o f barber w ith
out certificate. 0ut having obtained a certificate o f registration, as provided by
this act, or any person knowingly employing a barber w ho has
not such a certificate, or any person falsely pretending to be quali
fied to practice such occupation under this act, or any person
failin g properly to sterilize each and all o f his or her tools and
have all linen properly laundered prior to use upon each and
every person, or violating any o f the provisions o f this act, shall
be deemed guilty o f a misdemeanor, and upon conviction thereof
shall be punished by a fine o f not less than ten dollars ($10) or
m ore than one hundred dollars ($100) and by im prisonment in
the county ja il n ot less than ten (10) days or m ore than ninety
(90) days.
Jurisdiction.
S ec . 16. Justices o f the peace shall have ju risdiction o f all
actions brought fo r a violation o f any o f the provisions o f this act,
subject to the right o f appeal as provided fo r in cases o f assault
and battery.
Rules.
Sec . 17. The board o f examiners shall provide rules and regu
lations fo r the proper sanitary conditions in the conduct and
management o f barber shops in this State.
Approved M ay 5th 1909.
C h a p t e r 140.—Bureau
of labor statistics.
Sections 1, 3, 6 and 9 o f house bill 25 o f the Session Law s o f
Colorado, 1887, are hereby amended to read as fo llo w s :
Bureau estabSection 1. There is hereby established a separate and distinct
lisned.
bureau to be known as the bureau o f labor statistics o f the State
o f Colorado, w hich bureau shall be charged w ith the collection
o f statistics pertaining to the internal resources o f the State,
labor and agriculture. The secretary o f state shall be designated
the ex officio commissioner o f said bureau. H e shall appoint a
deputy w ithin ten days after the approval o f this act, w ho shall
hold his office fo r the term o f tw o years. H e shall be an elector
o f this State, w ell versed in the collection o f statistics and matters
relating thereto. The deputy labor commissioner shall, w ithin
twenty days after receiving his commission, and before entering
upon the duties o f his office, give bonds to the State o f Colorado
in the sum o f five thousand ($5,000) dollars to be approved by
the attorney-general. Said deputy labor commissioner shall re
ceive an anuual salary o f twenty-five hundred ($2,500) dollars,
payable as other state officers. The said deputy labor commis
sioner shall, upon entering upon his duties, recommend and the
secretary o f state appoint one statistician w ho shall hold his
office for the term o f tw o years and who shall be an elector o f
the State; he shall receive an annual salary o f fifteen hundred
($1,500) dollars, payable as- other state officers. Said deputy
labor commissioner shall, upon entering upon the duties o f his
office, recommend and the secretary o f state appoint one stenog
rapher who shall receive an annual salary o f tw elve hundred
($1,200) dollars, payable as other state officers.
Duties of ofSec.
It shall be the duty o f all state, county and precinct
ficers and em- officers, every owner, operator, or manager o f every factory, w orkpioyers.
shop, mill, mine or mercantile establishment doing business in
the State o f Colorado where labor is employed to make to the
bureau upon blanks furnished by said bureau such reports and
returns as the commissioner or his deputies may require fo r the
purpose o f com piling all statistics as are authorized by the law
creating the department o f the bureau o f labor statistics, and the
ow ner or business manager shall make such reports and returns
w ithin the tim e prescribed therefor by the deputy com m issioner
o f labor, and shall certify to the correctness o f the same. In the
report o f said bureau no use shall be made o f the names o f indi
viduals, firms or corporations supplying the inform ation called
LABOR LAW S---- COLORADO-----ACTS OF 1909.
515
fo r by this section, such inform ation being deemed confidential
and not fo r the purpose o f disclosing personal affairs. Any re
fu sal or. the part o f any state, county, precinct, m unicipal officers,
or the owners, operators or managers o f any factory, workshop,
mill, mine or mercantile establishment to make returns to the
deputy commissioner o f labor or his deputy shall be deemed guilty
o f a misdemeanor and upon conviction shall be fined not less than
fifty ($50) dollars nor more than one hundred ($100) dollars, or
by imprisonment n ot less than ten days nor m ore than thirty days
in the county ja il, or by both such fine and imprisonment at the
discretion o f the court.
Sec. 6. The deputy commissioner shall have power to send for
P o we r s of
persons w henever in his opinion it is necessary and he may e x -d®Puty commis~
amine witnesses under oath, being hereby authorized to admin- s oner*
ister the same in the perform ance o f his duty, and the testim ony
so taken must be filed and preserved in the office o f said deputy
commissioner.
It shall also be the duty o f the deputy labor commissioner to
Duty to encause to be enforced all laws regulating the employment o f chil- force laws,
dren, m inors and w om en; all laws established for the protection
o f the health, lives and limbs o f all operators in factories, mills,
mines, workshops, offices, bakeries, laundries, stores, hotels, rail
roads, or any public or private w orks where labor is em ployed or
m achinery u se d ; and all laws enacted fo r the protection o f wage
workers.
Sec. 9. It shall be the duty o f the deputy state labor commis- Labor d i s sioner upon learning o f any employer or employees having differ- Putes*
ences to visit the location o f such differences and to make a care
fu l inquiry into the causes thereof, and to advise the respective
parties what, i f anything, ought to be done or submitted to, by
both, to adju st said disputes; and should said parties still fa il to
agree to a settlement through said deputy labor com m issioner’s
efforts, then the said commissioner shall endeavor to have, said
parties consent in w riting to submit their differences to a board
o f arbitration to be chosen from the citizens o f the State as fo l
lows, to w it:
Said employer shall appoint one, and said employees shall ap- Board of arpoint one, and these two shall select a third. In the event o f the bitration.
failu re o f the tw o to select a third, the deputy labor commissioner
shall select the said third member, the three so selected to con
stitute the board o f arbitration, and the findings o f said board o f
arbitration to be final.
The proceedings o f said board o f arbitration shall be held be
fore the deputy commissioner o f labor who shall act as m oderator
or chairm an, w ithout privilege o f voting, and w ho shall keep a
record o f the proceedings, and have the authority to administer
oaths, issue subpoenas fo r the attendance o f any witnesses said
board may deem necessary to summon.
Any notice or process issued by the board o f arbitration herein
created shall be served by the sheriff, coroner, constable, or special
officer to whom the same may be directed or in whose hands the
same may be placed for service, and the same fees shall be paid
as fo r the service o f like process in courts o f record.
Upon the failure o f the deputy labor commissioner in any case
to secure a settlement o f differences or the creation o f a board o f
arbitration it shall be his duty to secure a sworn statement from
each party to the dispute o f the facts upon w hich their dispute
and their reason fo r not submitting the same to arbitration are
based. A ny sw orn statement made to the deputy labor commis
sioner under this provision shall be for public use and shall be
given publicity in such newspapers as desire it. A failure on the
part o f either party to a dispute to furnish such sworn statement
to the deputy labor com m issioner or his deputy, or a failure o f
any person to obey a subpoena issued by said deputy labor com
missioner shall be considered a misdemeanor and shall be pun
ishable by fine o f not less than fifty ($50) dollars nor more than
20092— No. 85— 10------5
516
BULLETIN OF TH E BUREAU OF LABOR.
one hundred ($100) dollars, or imprisonment o f not less than
ninety (90) days, or both fine and imprisonment at the discretion
o f the court.
Approved A pril 19th, 1909.
C h a p t er 164.—Employment
License r e -
offices.
S ection 1. No person, firm or corporation in this State shall
open, operate or maintain a private employment agency fo r hire,
or where a fee is charged to either applicant fo r employment or for
help w ithout first obtaining a license for the same from the deputy
Fees.
commissioner o f labor statistics. Such license fee in cities o f
twenty-five thousand (25,000) or m ore population shall be fifty
dollars ($50) per annum, in all cities and towns containing less
than twenty-five thousand (25,000), and m ore than five thousand
population, a fee o f twenty-five ($25) dollars per annum, and in
all cities and tow ns under five thousand (5,000) population a fee
o f $10 per annum w ill be required. Every license shall contain
a designation o f the city, street and number o f the building in
w hich the licensed party conducts said employment agency. The
license together w ith a copy o f this act, shall be posted in a
conspicuous place in each and every employment agency. No
agency shall print, publish or paint on any sign, window, or
insert in any newspaper or publication, a name sim ilar to that o f
Bonds.
the Colorado free employment office. The deputy commissioner
o f labor shall require wfith each application fo r a license, a bond
in the penal sum o f one thousand ($1,000) dollars w ith tw o or
m ore sureties, to be approved by the said deputy commissioner,
and conditioned that the obligor w ill not violate any o f the duties,
terms, conditions, provisions or requirements o f this act.
The said deputy commissioner is authorized to cause an action
or actions to be brought on. said bond in the name o f the people o f
the State o f Colorado, fo r any violation o f any. o f its conditions, he
m ay also revoke, upon a fu ll hearing, any license whenever in his
judgm ent the party licensed shall have violated any o f the proRegisters.
visions o f this act. It shall be the duty o f every licensed agency
to keep a register in w hich shall be entered the name and address
o f every applicant. Such licensed agency shall also enter upon a
register, the name and address o f every person w ho shall make
application fo r help or servants and the name and nature o f the
employment for w hich such help shall be wanted. Such register
shall, at all reasonable hours be open to the inspection and ex
am ination o f the deputy commissioner o f labor or his agents.
P r o h ib it e d
S ec. 2. No agency shall send or cause to be sent any fem ale
acts*
help or servant to any place o f bad repute, house o f ill fame, or
assignation house, any place o f questionable character, or to any
house or place o f amusement kept fo r im m oral purposes. No such
licensed agency shall publish or cause to be published any false
or fraudulent notices or advertisements or give any false inform a
tion, or make any false promises concerning or relating to w ork
or employment to any one who shall register fo r employment, and
n o licensed agency shall make any false entries in the register to
be kept as herein provided. No person, firm or corporation shall
conduct the business o f any employment office in, or in connection
with, any place w here intoxicating liquors are sold, or gambling
Fees to be o f any character is carried on or indulged in. W here a fee is
charged.
charged fo r receiving or filing application fo r employment, or fo r
help, said fee shall in no case exceed the sum o f one dollar ($1)
fo r any person applying fo r w ork as a day laborer, mechanic,
artisan or household or dom estic servant. And in no case shall
the fee charged exceed the sum o f tw o ($2) dollars fo r profes
sional positions. In all cases a receipt shall be given in w hich
shall be stated the name o f the applicant, the am ount o f the fee,
the date, the name or character o f the w ork or situation procured
and the name o f the party from whom the position is to be se
cured. In case the said applicant shall not obtain a situation or
employm ent through such licensed agency w ithin five (5 ) days
quired.
LABOR LAWS-----COLORADO— ACTS OF 1909.
517
after registration as aforesaid, then said licensed agency shall
forth w ith repay and return to such applicant, upon demand being R e t u r n of
made therefor, the fu ll amount o f the fee paid or delivered by tee.
said applicant to said licensed agen cy: Provided, Said fee is
demanded within thirty (30) days after date o f registration.
S ec . 3. A private employment agency is defined to be any Definition,
person, firm, copartnership or corporation furnishing employment
or help, or giving inform ation as to w here employm ent or help
may be secured, or who shall display any employm ent sign or
bulletin, or through the medium o f any card, circular, pamphlet
or newspaper offer employment or h e lp ; and all such persons are
subject to the provisions o f this act, whether a fee or commission
is charged or n o t: Provided , That charitable organizations are
not included w ithin the meaning o f this act.
S ec. 4. A ll money or moneys received from fees and fines shall
Fees, fines,
be held by the said deputy commissioner of labor and shall con- etc.
stitute a fund for the purpose o f enforcing the provisions of this
act, and the deputy commissioner shall, at the end of each fiscal
year, make a report o f said fund and pay into the state treasury
whatever balance shall remain after paying the necessary ex
penses for the purpose o f enforcing the provisions o f this act.
S ec . 5. It shall be the duty o f the deputy labor commissioner Violations,
when inform ed o f any violation o f this act, to institute crim inal
proceedings fo r the enforcem ent o f its penalties before any court
o f competent jurisdiction. Any violation o f the provisions o f
this act shall be a misdemeanor and shall be punished by a fine
o f not less than one hundred ($100) dollars nor more than tw o
hundred ($200) dollars fo r each offense, or by imprisonment in
the county ja il fo r a period not exceeding six months, or by both
such fine and imprisonment at the discretion o f the court.
Approved A pril 19th, 1909.
C h a p t e r 166.— Inspection
cf factories and workshops.
S ection 1. There is hereby established a separate and distinct D epartm ent
department to be known as the department o f factory inspection of factory ino f the State o f Colorado w hich department shall be charged with sp c lon*
the inspection o f all factories, mills, workshops, bakeries, laun
dries, stores, hotels, boarding or bunk houses, or any kind o f an
establishment wherein laborers are employed or machinery used
fo r the purpose o f protecting said employees against damages
arising from im perfect or dangerous machinery, or hazardous
and unhealthy occupations and regulating sanitary conditions
under w hich laborers are employed. The deputy labor commis
sioner o f the State o f Colorado shall be the ch ief ‘ factory in- C h i e f i n
spector * under this act. The said ch ief factory inspector within sPectorthirty days after the passage o f this act shall recommend and the
secretary o f state appoint three deputy factory inspectors, one o f Deputies,
w hom shall be a woman, and each o f said deputy factory in
spectors shall receive a salary o f tw elve hundred ($1200) dollars
per an n u m ; w ith necessary traveling expenses, but said expenses
shall in no case exceed the sum o f six hundred ($600) dollars
per annum fo r each deputy inspector: Provided further , That Special i l i
the ch ief factory inspector may recommend and the secretary sPect0l'so f state appoint special inspectors from time to time, should the
necessity arise, not to exceed three in number, and w hile so em
ployed shall receive the same salary and expenses as the regular
deputy inspectors.
S ec. 2. Any person, firm, corporation or association operating S a f e t y apa factory, mill, workshop, bakery, laundry, store, hotel, or any Pliances*
kind of an establishment wherein laborers are employed, or ma
chinery used shall provide and maintain in use belt shifters or
other mechanical contrivances for the purpose of throwing on or
off belts or pulleys while running, where the same are practicable
with due regard to the nature and purpose of said belts and the
dangers to employees therefrom ; also reasonable safeguards for all
vats, pans, trimmers, cut-offs, gang edger and other saws, planers,
518
BULLETIN OF TH E BUREAU OF LABOR.
cogs, gearing, belting, shafting, coupling, set screw, line rollers*
conveyors, manglers [mangles] in laundries, and* machinery o f other
or sim ilar description, w hich it is practicable to guard, and which
can be effectively guarded w ith due regard to the ordinary use o f
such m achinery and appliances, and the dangers to employees
therefrom , and w ith w hich the employees o f any such factory,
m ill or w orkshop are liable to com e in contact w hile in the per
form ance o f their duties; and i f any machinery, or any part
thereof, is in a defective condition, and its operation w ould be
extra hazardous because o f such defect, or i f any machinery is
not safeguarded as provided in this act, the use th ereof is pro
hibited, and a notice to that effect shall be attached thereto by
the em ployer im mediately on receiving notice o f such defect or
lack o f safeguard, and such notice shall not be rem oved until
said defect has been remedied or the machine safeguarded as
herein provided.
Ventilation.
Sec. 3. A ny person, firm, corporation, or association operating
a factory, mill, workshop, bakery, laundry, store, hotel, or any
kind o f an establishment wherein laborers are employed, or ma
chinery used and manual labor is exercised by the w ay o f trade
fo r the purposes o f gain w ithin an inclosed room (private houses
in w hich the employees live excepted) shall be provided in each
w orkroom thereof w ith good sufficient ventilation and kept in a
cleanly and sanitary state, and shall be so ventilated as to
render harmless, so fa r as practicable, all gases, vapors, dust or
other impurities, generated in the course o f the m anufacturing or
laboring process carried on therein; and i f any factory, mill,
workshop, bakery, laundry, store, hotel, or any kind o f an estab
lishment wherein laborers are employed or m achinery used in any
inclosed room thereof by w hich dust is generated and inhaled to
an injurious extent by the persons employed therein, conveyors,
receptacles or exhaust fans, or other mechanical means, shall be
provided and maintained fo r the purpose o f carrying off or re
ceiving and collecting such dust.
Hoistwa y s ,
Sec. 4. The openings o f all hoistways, hatchways, elevators and
e t c . , t o b <Jw ellholes and stairw ays in factories, mills, workshops, bakeries,
guarded.
laundries, stores, hotels, or any kind o f an establishment wherein
laborers are employed, or m achinery used shall be protected by
good and sufficient trapdoors, hatches, fences, gates or other
safeguards, and all due diligence shall be used to keep all such
means o f protection closed, except when it is necessary to have
the same opened that the same may be used.
S ec . 5. It shall be the duty o f the ch ief factory inspector, by
Inspections.
him self or his duly appointed deputy, to examine as soon as may
be after the passage o f this act, and thereafter annually, and
from time to time, all factories, mills, workshops, bakeries, laun
dries, stores, hotels, or any kind o f an establishment wherein
laborers are employed or machinery used or appliances therein
contained to w hich the provisions o f this act are applicable, fo r
the purpose o f determining whether they do conform to such
provisions, and to granting or refusing certificates o f approval,
as hereinafter provided.
Employees t<> S ec . 6. A ny employee o f any person, firm, corporation or assoreport defects •ciation operating a factory, mill, workshop, bakery, laundry, store,
hotel, or any kind o f an establishment wherein laborers are em
ployed or m achinery used shall n otify his employer o f any defect
in, or failure to guard the machinery, appliances, ways, w orks and
plants, or w hich or in or about w hich he is working, when any
such defect or failure to guard shall com e to the knowledge o f
any said employee, and i f said employer shall fa il to remedy such
defect then said em ployee may complain in w riting to the ch ief
factory inspector o f any such alleged defect in or failure to guard
the machinery, appliances, ways, works, and plants, or any al
leged violation by such person, firm, corporation or association,
o f any o f the provisions o f this act, in the m achinery and appli
ances and premises used by such person, firm, corporation or asso
ciation and w ith or about w hich said em ployee is w orking and
LABOR LAW S---- COLORADO---- ACTS OF 1909,
519
upon receiving such com plaint it shall be the duty o f the chief
factory inspector, by him self or his deputy, to forthw ith make an
inspection o f the m achinery and appliances complained of.
S ec . 7. W henever upon any examination or reexamination o f Certificates of
any factory, mill, workshop, bakery, laundry, store, hotel, or inspection.
any kind o f an establishment wherein laborers are employed, or
m achinery used to w hich the provisions o f this act are applicable,
the property so examined and the machinery and appliances
therein conform in the judgm ent o f said ch ief factory inspector
to the requirements o f this act, he shall thereupon issue to the
owner, lessee or operator o f any such storehouse, factory, mill,
workshop, bakery, laundry, hotel, or any kind o f an establish
ment wherein laborers are employed or machinery used a certifi
cate to that effect, and such certificate shall be prima facie
evidence as long as it continues in force o f com pliance on the part
o f the person, firm, corporation or association to w hom it is
issued, w ith the provisions o f this act. Such certificate may be
revoked by said ch ief factory inspector at any- time upon written
notice to the person, firm, corporation or association holding the
same whenever in his opinion after reexamination, conditions
and circum stances have so changed as to ju stify the revocation
thereof. A copy o f said certificate shall be kept posted in a con
spicuous place on every floor o f all factories, mills, workshops,
bakeries, laundries, stores, hotels, or any kind o f an establish
ment w herein laborers are employed or machinery used to w hich
the provisions o f this act are applicable. If, in the judgm ent o f D e f e c t i v e
said ch ief factory inspector, such factory, mill, workshop, bakery, conditions.
laundry, store, hotel, or any kind o f an establishment wherein
laborers are em ployed or machinery is used does not conform to
the requirements o f this act he shall forthw ith personally or by
mail serve on the person, firm, corporation or association oper
ating or using such machinery or appliances or occupying such
premises a w ritten statement o f the requirements o f said ch ief
factory inspector, before he w ill issue a certificate as hereinbefore
provided f o r ; and upon said requirements being com plied w ith
within a period o f thirty days after said w ritten statement has
been served as aforesaid, the said ch ief factory inspector shall
forthw ith issue such certificate; but i f the person, firm, or cor
poration operating or using said m achinery and appliances or
occupying such premises shall consider the requirements o f said
ch ief factory inspector unreasonable and im practicable or un
necessarily expensive, he may w ithin ten days after the require
ments o f said ch ief factory inspector have been served upon him,
appeal therefrom or from any part thereof to three arbitrators Appeals.
to w hom shall be submitted the matters and things in dispute,
and their findings shall be binding upon said applicant and upon
the ch ief factory inspector. Such appeal shall be in writing,
addressed to the ch ief factory inspector and shall set forth the
objection to his requirements, or any part thereof, and shall
mention the name o f one person who w ill serve as the representa
tive o f said applicant calling fo r arbitration. Im m ediately upon
the receipt o f such notice o f appeal, it shall be the duty o f the
ch ief factory inspector to appoint a competent person as arbitra
tor resident in the county from w hich such appeal comes, and
to n otify such person so selected, and also the party appealing,
stating the cause o f the arbitration, and the place, date and time
o f meeting. These tw o arbitrators shall select the third within
five days and w ithin ten days thereafter, give a hearing on the
matters o f said appeal, and the findings o f these arbitrators by
a m ajority vote shall be reported to the ch ief factory inspector
and to the applicant and shall be binding upon each. The ex
pense o f such arbitration shall be borne by the party calling
fo r the arbitration; and i f said arbitrators sustain the require
ments o f said ch ief factory inspector or any part thereof, said
applicant shall w ithin thirty days com ply w ith the findings o f
said arbitrators, and thereupon said chief factory inspector shall
issue his certificate as hereinbefore provided (in section five o f
520
BU LLETIN OF T H E BUREAU OF LABOR.
tills act) ; but if said arbitrators shall sustain such appeal or.a n y
part thereof, the same shall be binding upon said chief factory
inspector and any such person, firm, corporation or association
shall w ithin thirty days after the findings o f the board o f arbi
trators, com ply w ith the requirements o f the ch ief factory in
spector, as amended by said arbitrators, i f so amended as herein
provided for, and thereupon said ch ief factory inspector shall
forthw ith issue to any such person, firm, corporation or association,
his certificate as provided for in section five o f this a c t : Provided,
That in case such arbitrators shall decide against such ch ief
factory inspector, the costs o f such arbitration shall be paid out
o f the funds fo r inspection purposes. In case the ch ief factory
inspector is sustained in part by the arbitrators, the cost o f the
arbitration shall be divided equitably, in proportion to that de
cision, the appellant paying such share as the arbitrators may
deem fair, the rest to be paid out o f said inspection fu n d :
Provided, however, That before any certificate shall be issued by
said ch ief factory inspector as provided fo r in this act, the person,
firm, corporation or association w hich has com plied w ith the
provisions o f this act shall pay to the ch ief factory inspector or
h is deputy, o f the State o f Colorado, an annual fee o f ten dollars
and take his receipt therefor. Upon presentation o f said receipt
to said ch ief factory inspector, he shall forthw ith issue said
certificate as in this act provided. Said fee shall entitle the per
son, firm, corporation or association paying the same to any and
every inspection o f any factory, mill, workshop, bakery, laundry,
store, hotel, or any kind o f an establishment w herein laborers are
em ployed or machinery used, owned or operated by the party pay
ing said fee that may be necessary, fo r a period o f one y ea r;
and all moneys collected for licenses and fines under the provisions
o f this act shall be paid into the state treasury and be converted
into a special factory inspection fund from w hich special funds
shall be paid the salaries and expenses o f the ch ief factory in
spector and his deputies, upon the presentation o f vouchers
properly signed by the ch ief factory inspector, in the same man
ner in w hich employees o f the State are paid.
Protection in
S ec. 8. In all factories, mills, workshops, offices, bakeries, launise of fire.
dries, stores, hotels, or any other buildings in w hich people are
employed a t manual or other labor, proper and sufficient means
o f escape in case o f fire shall be provided by more than one w ay
o f egress, and such means o f escape shall at all times be kept free
from any obstruction; in good repair and ready fo r use. A ll
doors leading into or to such factories, mills, workshops, offices,
bakeries, laundries, stores, hotels, or other buildings in which
people are employed at manual or other labor, shall be so con
structed as to open outw ard when practicable, and shall not be
locked, bolted or fastened during w orking hours [so ] as to prevent
free egress. Proper and substantial hand rails shall be provided
on all stairw ays in factories, hotels, mills and workshops in which
fem ales are em ployed; the stairs regularly used by them shall be
properly screened at the sides and bottom.
Fire escapes.
S ec . 9. I f in any factory, mill, workshop, office, bakery, laundry,
store, hotel, or other building o f three or more stories in height,
proper and sufficient means o f escape in case o f fire are not pro
vided as required by preceding section o f this act, the owner or
occupant o f said building upon notice by the ch ief fa ctory in
spector or any factory inspector employed in the bureau o f labor
statistics shall construct one or more fire escapes as the same may
be found necessary and sufficient. Said fire escape or fire escapes,
shall be provided on the outside o f such factories, mills, w ork
shops, offices, bakeries, laundries, stores, hotels, or other build
ings, connecting w ith each floor above the fir st; w ell fastened and
secured and o f sufficient strength. Each o f such fire escapes shall
have landings or balconies n ot less than six feet in length and
three in width, guarded by iron railings not less than three feet in
height and em bracing at least tw o w indows a t each story, and
connecting w ith the interior by easily accessible and unobstructed
LABOR LAW S---- COLORADO-----ACTS OF 1909.
521
open in gs; and the balconies or landings shall be connected by iron
stairs n ot less than 24 inches wide, and the steps to be not less
than eight inches tread. Placed at not m ore than an angle o f
forty-five degrees slant, and protected by well-secured handrail
on both sides, w ith a twelve-inch w ide drop ladder from the low er
platform reaching to the ground. A ny fire escape so constructed
shall be sufficient. Any other plan or style o f fire escape shall be
sufficient i f approved by the chief factory inspector, but i f not so
approved the said ch ief factory inspector or one o f the factory
inspectors m ay n otify the owner, proprietor or lessee o f such fa c
tory, mill, workshop, office, bakery, laundry, store, hotel, or other
building in w hich factory or w orkshop is conducted, or the agent
or superintendent, or either o f them, in writing, that any such
style o f fire escape is not sufficient and he may issue an order in
w riting requiring one or m ore fire escapes as he shall deem neces
sary and sufficient to be provided fo r such factory, mill, workshop,
office, bakery, laundry, store, hotel or other buildings in w hich
people are employed at manual or other labor at such location and
o f such plan and style as shall be specified in such written order.
W ithin thirty days after the service o f such order the number o f
fire escapes required in such order fo r such faetory, mill, w ork
shop, office, bakery, laundry, store, hotel, or other building, shall
be provided therefor, each o f w hich w ill be either o f the plan and
style and in accordance w ith the specifications in said order re
quired or o f the plan and style in this section above described and
declared sufficient.
The w indow s or doors o f each fire escape shall be located as fa r
as possible consistent w ith accessibility from the stairw ays and
elevators, hatchw ays or openings, and the ladder thereof shall
extend to the roof.
Stationary stairs or ladders shall be provided on the inside o f
each such factory, mill, workshop, office, bakery, laundry, store,
hotel, or other building w here people are employed at manual or
other labor from the upper story to the ro o f as a means o f escape
in case o f fire.
S ec. 10. E very factory, workshop, office, bakery, laundry, store,
Water closhotel, or other building in w hich fou r or m ore persons are e m -ets*
ployed shall be provided within reasonable access w ith a sufficient
number o f water-closets, earth closets or privies, for the reason
able use o f the persons therein; and whenever male and fem ale
persons are employed as aforesaid together, water-closets, earth
closets or privies separate and apart shall be provided fo r the
use o f each sex and plainly so designated, and no person shall be
allow ed to use such closets or privy assigned the other sex. Such
closets shall be properly screened and ventilated and at all times
kept in a clean and good sanitary condition.
In factories, laundries, mills, and w orkshops and in all other D r e s s i n g
places where the labor perform ed by the operator is o f s u c h rooms*
character that it becomes desirable or necessary to change the
clothing w holly or in part before leaving the building at the close
o f a day’s toil, separate dressing room s shall be provided fo r
women and girls whenever so required by the factory inspector.
I t shall be the duty o f every occupant, wThether ow ner or lessee o f
any premises so used as to com e w ithin the provisions o f this
act to carry out the same and to make a ll the changes and ad
ditions necessary therefor. In case such changes are made upon
th e order o f the ch ief factory inspector or o f a fa ctory inspector
by the lessee o f the premises he may a t any time w ithin thirty
(30) days after the completion thereof bring an action before any
ju stice o f the peace, county or district court, having competent
ju risdiction against any person having an interest in such premises
and may recover such portion o f the expense o f making such
changes and in addition as the court adjudges should ju stly and
equitably be borne by such defendant, [sic.]
Sec. 11. In all actions brought to recover damages fo r personal Actions f o r
in ju ries or death caused by reason o f the violation o f any o f the inlurIesprovisions o f this act, it shall be sufficient fo r the plaintiff to prove
522
BULLETIN OF TH E BUREAU OF LABOR.
in the first instance, in order to establish the liability o f the de
fendant, that the death or in ju ry complained o f resulted in con
sequence o f the failure o f the person ow ning or operating the
m anufacturing establishment where such death, or in ju ry occurred
to provide said establishment w ith safeguards as required by th is
act, or that the failure to provide such safeguards directly con
tributed to such death or injury.
Definitions.
M anufacturing establishments, as those w ords are used in this
act, shall mean and include all smelters, oil refineries, cement
w orks, m ills o f every kind, machine and repair shops, and in
addition to the foregoing, any other kind or character o f manu
factu ring establishment, o f any nature or description whatsoever,
w herein any natural product or other articles or m aterials o f any
kind, in a raw or unfinished or incomplete state or condition, are
converted into a new or im proved or different form .
W herever the expression occurs in this act in substantially the
follow in g w o r d s : “ Every person owning or operating any manu
factu ring establishment,” or w here language sim ilar to that is
used, the w ord “ person ” in that connection shall be held and
construed to mean any person or persons, partnership, corporation,
receiver, trust, trustee, or any other person or com bination o f per
sons, either natural or artificial, by w hatever name he or they
m ay be ca lled : Provided , W herever the w ord store or stores ap
pears in this act such w ord shall be construed as meaning and
applying to stores employing six or more persons.
inspectors
Sec. 12. The ch ief factory inspector or any employee o f the detortes?netcl IaC’ Partment o f factory inspection shall have power to enter any
factory, mill, workshop, office, bakery, laundry, store, hotel, o r
any public or private w orks where labor is em ployed or machinery
used, his agent or agents, who shall refuse to allow an inspector
or employee o f the said department to enter or who shall violate
any o f the provisions o f this act, shall be deemed guilty o f a mis
demeanor, and upon conviction thereof before any court o f com
petent ju risdiction shall be punished by a fine o f n ot less than
fifty ($50) dollars nor more than one hundred ($100) dollars or
be im prisoned in the county ja il not to exceed ninety (90 ) days
fo r each and every offense.
Approved A pril 5th, 1909.
C h a p t e r 217.—Assignments
of wages— Wage brokers.
License r e
S ection 1. From and after the passage o f this act no person,
quired.
company, corporation, or association, shall establish or conduct
the business o f w age broker w ithin the State o f Colorado, unless
such person, company, corporation or association shall have first
procured a license from the proper authorities as hereinafter pro
vided, and shall have executed a bond in such sum as said au
Bond.
thorities m ay require fo r the faith fu l carrying out o f the provi
sions o f this act, and o f the ordinances o f any tow n or city in
w hich such business may be carried on.
W ho m ay
S ec. 2. The board o f county commissioners o f any county in th is
license.
State, or, in case said business be carried on in any incorporated
city or town, the city council or board o f trustees o f said city or
town, m ay in their discretion from tim e to time grant licenses to
any reson [person] or persons, company, corporation, or associa
tion to conduct or carry on the business o f wage broker upon pay
ment o f such sum therefor and upon such term s and conditions as
the said board o f county commissioners or city council, or board
o f trustees shall by resolution or ordinance require.
Who are Sec. 3. Any person, company, corporation or association loaning
wage brokers. money directly or indirectly to any employee or wage-earner upon
the security of, or in consideration o f any assignment o f the w ages
or salary o f such employee or wage-earner, shall be defined and
held to be a wage broker and subject to the provisions o f this act.
Assignmen t s
Sec. 4. No assignment of his or her wages or salary by any em
to be in writ ployee or wage-earner to any wage broker or any other person for
ing.
his benefit shall be valid or enforceable, nor shall any employer
LABOR LAW S— COLORADO-----ACTS OP 1909.
523
o r debtor recognize or honor such assignment fo r any purpose
w hatever, unless it be in writing, and for a fixed and definite part
o f the wages or salary earned or to be earned during a period not
exceeding thirty days immediately follow ing the date o f the assign
ment. Any assignment w hich shall be postdated or dated on any
other date than that o f its actual execution shall, be void and o f
no effect for any purpose whatever.
S ec. 5. No w age broker shall ask, demand or receive either as Rate o f in
compensation or interest, or in any other manner directly or in -terest*
directly, any compensation or interest fo r the use o f money ad
vanced or loaned or the loan w hereof is hereafter renewed or
extended by him to any employee or wage-earner in excess o f%tw o
per cent per month, and said compensation or rate o f interest
shall be computed upon the amount actually advanced to and re
ceived by the borrow er and shall include ail commissions or com
pensation whatsoever to the wage broker or any other person fo r
making or procuring said loan.
Sec. 6. No assignment o f his wages or salary by a married man, Assignments
w ho shall be the head o f a fam ily residing in this State, shall be^ |_m a r r i e d
valid or enforceable w ithout the consent o f his w ife, evidenced by me *
her signature to said assignment executed and acknowledged be
fore a notary public or other officer empowered to take acknowl
edgments o f conveyances, and no wage broker or person connected
w ith him directly or indirectly shall be authorized to take any
such acknowledgment.
S ec. 7. No wage broker shall make any loan to any minor, nor L o a n s t o
shall any asignment o f wages or salary by any minor be v a lid and minors,
enforceable.
S ec . 8. No assignment o f wages or salary shall be valid or en- Employer to
forceable unless notice in w riting o f the same accompanied by ** notilie<1*
a copy o f the assignment shall be given to the employer or debtor
w ithin ten days from the date o f its execution.
S ec . 9. E very purchase by a wage broker o f an assignment o f s t a t u s of
the wages or salary o f any employee or wage-earner shall be held purchased asand considered to be a loan, in the sum and o f the amount, actu- sisnments*
ally paid to and received by such employee or wage-earner, and
shall be subject to all the provisions o f this act.
S ec. 10. Any person, company, corporation or association, or the Violations,
officers, members, agents or employees thereof, violating any or
either o f the provisions o f this act shall be deemed guilty o f a mis
dem eanor; and, upon conviction, shall be liable to a fine in the
sum o f not less than ten dollars ($10) nor more than one hundred
dollars ($100) fo r each offense, or to imprisonment in the county
ja il fo r a period not to exceed ninety days, or both.
S ec. 11. A ny note, bill or other evidence o f indebtedness and any what notes,
assignment o f wages or salary given to or received by any w age etc., void,
broker or any other person in violation o f any o f the provisions
o f this act shall be null and void and o f no e ffe ct; and, upon con
viction, any and all moneys advanced or loaned by said w age
broker in violation o f any o f the provisions o f this act and all
interest thereon shall be forfeited.
Approved March 20th, 1909.
CO NNECTICUT.
ACTS OF 1909.
C h a p t e r 10 .—F ire
escapes on factories and workshops.
S ection 1. The factory inspector shall have power to enforce P o w e r s of
the provisions o f section 2629 o f the General Statutes so fa r as factories ° r °f
concerns workshops and m anufactories and may order fire escapes
erected thereon whenever deemed by him to be n ecessary; and any
owner, agent, or lessee neglecting or refusing to com ply w ith such
order shall be subject to the penalties prescribed in section 2633
o f the General Statutes.
Approved, April 12, 1909.
524
BULLETIN OF TH E BUREAU OF LABOR.
C h a p t e r 92.— Safety
Air
may
appliances on street railways—A ir brakes.
brakes
S ection 1. W henever the railroad com m issioners deem it neeesor- gary, in the interests o f the public, that any or all o f the cars
be
operated by any street railw ay company upon any highw ay in this
State shall be equipped with air brakes or other sufficient brakes,
said railroad commissioners may order the company operating
such ears to equip such cars w ith brakes, operated by air or other
wise, o f such kind and in such manner as said railroad commis
sioners may deem necessary and proper, first giving such company
reasonable notice to appear and be heard, and may, after similar
notice, alter, m odify, or revoke any such order.
N o n co m p liS ec . 2. Any company operating such car or cars w hich shall
ance.
neglect or refuse to com ply w ith any order relating to brakes
made pursuant to the provisions o f section one o f this act shall
fo rfe it to the State twenty-five dollars fo r each day o f such
neglect or refusal.
Approved, June 23, 1909.
aered.
C h a p t er
Law extend-
ed.
Posters.
120.— Inspection
of bakeries, etc.— Tuberculous, etc.,
employees.
S ection 14. The provisions o f sections 2589, 2570, 2571, and
2572 o f the General Statutes relating to bakeshops shall apply to
all confectionery, candy, and ice cream factories, macaroni fa c
tories, and all other factories fo r the preparation o f foodstuffs,
tobacco, and cigars. In any factory o f the above-named classes
where the factory inspector shall have cause to suspect that an
operative or employee has any disease enumerated in the statutes
thereto pertaining, he shall have authority to cause an exam ina
tion to be made o f such suspected case by a physician.
S ec . 15. It shall be the duty o f the factory inspector to cause to
be posted, in prominent places in factories and shops, such posters
as may be supplied to him fo r that purpose by the board o f
d irectors.
Approved, June 29, 1909.
C h a p t er 123.— Employment
of children— Illiteracy .
Child to be
S ection 1. No certificate o f age under the provisions o f sections
able to read.
4704, 4705, and 4706 o f the General Statutes and o f chapter 75 o f
the Public A cts o f 1903 -shall be given to any child under sixteen
years o f age unless such child shall be able to read w ith facility,
to w rite legibly simple sentences in the English language, and to
perform the operations o f the fundamental rules o f arithm etic
up to and including fra ction s: Provided, however, That foreignborn children may be given such certificate i f over fourteen years
o f age and i f they have an equivalent education in their native
language.
Approved, June 29, 1909.
C h a p t er 147.— Inspection
of bakeries.
Construction
S ection 1. Section 2569 o f the General Statutes as amended by
and sanitation section one o f chapter 13 o f the Public A cts o f 1905 is hereby
or rooms.
amended to read as fo llo w s : Every building or room occupied as
a bakery shall be drained and plumbed in a manner conducive to
its healthful and sanitary condition, and constructed w ith air
shafts and w indow s or ventilating pipes sufficient to insure venti
lation, as the factory inspector shall direct. Every bakery shall
be provided w ith a wash room and w ater-closet apart from the
bake room and rooms where the m anufacturing o f food products
is con d u cted ; no water-closet, earth closet, privy, or ash pit shall
be w ithin or com municate directly w ith a bakery. Room s used fo r
the m anufacture o f r flour and meal food shall be at least eight
feet in h eigh t; the side walls o f such room s shall be plastered
LABOB LAW S-----CONNECTICUT---- ACTS OF 1909,
525
or w ainscoted, the ceiling plastered or ceiled with lumber or
metal, and, i f required by the factory inspector, shall be white
washed at least once in three m onths; the furniture, utensils, and
floor o f such rooms shall be kept in healthful sanitary condition.
The m anufactured flour or meal food products shall be kept in dry,
clean, and airy rooms. The sleeping rooms fo r persons employed in
Sleeping
a bakery shall be separate from the room s where food products rooms,
are manufactured or stored. No person, firm, or corporation shall
operate a bakery w ithout having obtained from the factory in
spector a certificate o f inspection describing the building used as
C ertificates
a bakery and stating that the same com plies with the laws o f this o£ inspection.
State relating to bakeries, which certificate shall be kept posted
by the owner or operator o f such bakery in a conspicuous place in
the shop described in such certificate or in the sales room connected
therewith. Such certificate may be revoked by said inspector, fo r
cause, and when revoked said inspector shall cite the person
operating such bakery, or, in the case o f a corporation, the man
ager, to appear before him within ten days thereafter to show
cause w hy such certificate should not remain revoked. No person, New bakeries,
firm, or corporation shall open a new bakery w ithout having
given a t least ten days' notice to the factory inspector o f his
intention to open such bakery, w hich notice shall contain a de
scription o f the building proposed to be used as such bakery and
shall give its location. Upon receipt o f such notice said inspector
shall examine the premises, and i f found to com ply w ith the pro
visions o f the statutes relating to bakeries he shall issue such
certificate o f inspection.
Approved, July 14, 1909.
C h a p t e r 150.—Accidents
in factories and mercantile estab
lishments.
S ection 1. It shall be the duty o f the person in active charge o f
Accidents to
any m anufacturing or mercantile establishment to forw a rd b y be reported*
m ail to the factory inspector at his office in H artford, w ithin
fifteen days after each accident resulting in serious physical in
ju r y to an em ployee while at w ork in such establishment, a
written notice o f every such accident o f w hich he shall have
knowledge, w hich notice shall state the name o f the injured em
ployee, the time o f the accident, and the nature o f the injury, and
shall also contain a general description o f the location in the es
tablishm ent and o f the character o f the machine, i f any, upon
whieh the em ployee was a t w ork at the time.
S ec . 2. The factory inspector shall forthw ith transm it to the Records,
person in charge o f such establishment a written acknowledg
m ent o f the receipt o f such notice, and shall keep a record o f such
accidents thus reported to him. Such records, notices, and re
ports to the factory inspector, and any investigation made by him
o r his deputies or agents, shall be privileged and confidential and
shall not be open for examination or inspection, and neither such
factory inspector nor any o f his deputies or agents shall be a com
petent witness as to the facts involved in such accident in any
proceeding pending in any court, unless such factory inspector,
deputy, or agent w as present at the time o f the occurrence o f the
accident.
S ec . 3. The term “ accident resulting in serious physical in- Definition,
ju ry ,” as used in this act, shall be construed to mean every acci
dent w hich results in the death o f the em ployee or causes his ab
sence from w ork fo r at least one week thereafter.
S ec. 4. Any person, after having received from the factory in- Failure to respector form s for such notices, w ho shall fa il to send notice o f any port,
accident as required by this act shall be fined not more than
twenty dollars.
Approved, July 14, 1909.
526
B U L L E T IN OF T H E BU REA U OF LABOR.
C h a p t er 153.— Blacklisting .
biacki&t^* for
Repeal.
Section
Any person, or any officer or agent o f any corporation, company, or firm who shall blacklist any employee, me
chanic, or laborer, or publish or cause to be published the name o f
any employee, mechanic, or laborer w ith the intent and fo r the
purpose o f preventing such employee, mechanic, or laborer from
engaging in or securing employment from any other person, cor
poration, company, or firm, or shall in any manner conspire or
contrive, by correspondence or otherwise, to prevent such em
ployee, mechanic, or laborer from procuring employment, shall be
punished by a fine o f not less than fifty and not more than tw o
hundred dollars: Provided, however, That the provisions o f this
a ct shall not be construed so as to prohibit any person, or any
officer or agent o f any corporation, company, or firm from giving
a truthful statement o f any facts concerning a present or form er
employee o f such person, corporation, company, or firm, on the ap
plication o f such em ployee or o f any person, or any officer or agent
o f any corporation, company, or firm who may be considering the
employment o f such employee.
S ec . 2. Section 1298 o f the General Statutes is hereby repealed.
Approved, July 14, 1909.
C h a p t e r 181.— Exemption
of wages from attachment.
What wages S ection 1. So much o f any debt w hich has accrued by reason
exempt.
0f the personal services o f the defendant as shall not exceed
twenty-five dollars, including wages due fo r the personal services
o f any minor child, shall be exempted and n ot liable to be taken
by foreign attachment or ex ecu tion ; but there shall be no exemp
tion o f any debt accrued by reason o f the personal services o f the
defendant against a claim fo r the defendant’s personal board, or
fo r the rental o f any house or tenement occupied by the defendant
as a place o f residence when such rental shall not exceed the sum
o f twenty-five d o lla r s: Provided, T h at in any action founded upon
such claim, in w hich such debt is sought to be attached by foreign
attachment, the com plaint shall set forth only the true cause o f
action, and the am ount due thereunder, so that the garnishee may
be inform ed, from the allegations o f the complaint, o f the real
nature and am ount o f the demand. A ll benefits allow ed by any
association o f persons in this State tow ards the support o f any o f
its members incapacitated by sickness or infirm ity from attending
to his usual business shall also be exempted and not liable to be
taken by foreign attachment or execu tion ; and all moneys due
the debtor from any insurance com pany upon policies issued fo r
insurance upon property, either real or personal, w hich is exempt
from attachment and execution shall in like manner be exempted
to the same extent as the property so insured.
Repeal.
S ec . 2. Section one o f chapter 95 o f the Public A cts o f 1903
* * * is hereby repealed.
Approved, August 2, 1909.
C h a p t er 202.— Intimidation
of employees.
Penalty f o r
S ection 1. Section 1296 o f the General Statutes is hereby
intimidation. amended to read as fo llo w s : Every person w ho shall threaten, or
use any means calculated or intended to intim idate any person
to com pel such person, against his w ill, to do or abstain from
doing any a ct w hich such person has a legal right to do, or shall
persistently follow such person in a disorderly manner, or in ju re
or threaten to in ju re his property, w ith intent to intim idate him,
shall be fined not more than one hundred dollars, or im prisoned
not m ore than six months.
Approved, August 2, 1909.
LABOR LAW S— CONNECTICUT— ACTS OF 1909.
C h a p t e r 219.— Railroad
527
trains— Crews.
S ection 1. The railroad commissioners shall have power to
Power o f railorder, after a public hearing, such changes in the number o f em- gfoners commis~
ployees upon freight or passenger trains as in their opinion w ill
conserve the public safety or the safety o f such employees.
S ec . 2. I f any company shall fa il to place upon any o f its trains
Failure t o
the number o f brakemen required by the provisions o f the General obey orders.
Statutes or in pursuance o f the fbregoing provisions o f this act,
it shall fo rfe it twenty-five dollars to the State fo r each day o f
such neglect, to be recovered by the state’s attorney in the county
where such offense is committed.
Approved, August 11, 1909.
C h a p t e r 220.— Employment
of 'Women and children— Hours
of labor.
S ection 1. No minor under sixteen years o f age, and no woman.
Hours of
shall be employed in laboring in any m anufacturing or m ech an ica llabor per day*
establishment more than ten hours in any day, except when it is
necessary to make repairs to prevent the interruption o f the
ordinary running o f the machinery, or where a different appor
tionment o f the hours o f labor is made fo r the sole purpose o f
making a shorter day’s w ork for one day o f the week. Every Schedule to
employer in such establishment shall post in a conspicuous place
posted,
in every room where such persons are employed, a notice, the
form o f w hich shall be furnished by the factory inspector, specific
ally stating the hours o f w ork required o f them on each day o f the
week, and the employment o f any such person fo r a longer time
in any day than so stated shall be a violation o f this section,
unless it appears that such employment is to make up fo r tim e
lost on some previous day o f the same calendar week in conse
quence o f the stopping o f m achinery upon w hich such person w as
employed or dependent fo r em ploym ent; but in no case shall the
hours o f labor exceed fifty-eight in a calendar w eek : Provided,
That in case any employer in such establishment shall, on o r
before the first day o f January o f any year, give notice to his
employees, by notices posted as hereinbefore provided, that the
hours o f labor o f minors under sixteen years o f age and o f women
em ployed by him, as aforesaid, shall not exceed fifty-five in any
week during the months o f June, July, and August o f the ensuing
calendar year, then said employer may employ such m inors and
women not to exceed sixty hours in any week during said year,
except during said months o f June, July, and August.
S ec. 2. No minor under sixteen years o f age, and no woman,
H o u r s of
shall be employed in laboring in any mercantile establishment, labor per week,
other than m anufacturing or mechanical, more than fifty-eight
hours in any calendar w e e k : Provided, That in case any employer
in such establishment shall, on or before the first day o f January
o f any year, give notice to his employees, by notices posted as
provided in section one hereof, that the hours o f labor o f minors
under sixteen years o f age and o f women employed by him, as
aforesaid, shall not exceed fifty-five in any calendar week during
the months o f June, July, and August o f the ensuing year, then
said em ployer may employ such minors and women not to exceed
sixty hours in any calendar week during said year, except during
said months o f June, July, and A u gust: And provided further,
That any em ployer in such establishment who shall, during each
year, give not less than seven holidays w ith pay, shall be exem pt
from the provisions o f this section during the period from the
seventeenth to the twenty-fifth day o f December o f each year.
S ec. 3. No such minor and no woman shall in any event be employed in laboring in any such establishment as is described in
section two hereof after ten o’clock in the evening o f any day,
unless the employer in such establishment shall, on such day,
employ two or more shifts or sets of such employees, in which
event no one such shift or set of employees shall be employed dur
ing more than ten hours of such day.
Night work,
528
Enforcement.
Violations.
Repeal.
BULLETIN OF TH E BUREAU OF LABOR.
S ec. 4. It shall be the duty o f the factory inspector to examine
and inquire into the employment o f minors and women in the
establishments described in this act, and to investigate all com
plaints o f violations hereof, and to report all cases o f such viola
tion to the prosecuting officer having jurisdiction thereof. The
factory inspector shall, on or before the first day o f Decem ber in
each year, make a report to the governor o f the number o f such
violations so reported by him, and o f the prosecutions instituted
thereon.
S ec. 5. Every person who w illfu lly employs, or has in his em
ployment or under his charge, any person in violation o f section
one, two, or three o f this act, and every parent or guardian who
permits any such minor to be so employed, shall be fined not more
than twenty dollars fo r each offense. A certificate o f the age o f a
minor, made as provided in section 4705 o f the General Statutes
and amendments thereof, shall be conclusive evidence o f his age
upon the trial o f any person other than the parent or guardian
fo r violation o f any provision o f this act.
S ec . 6. Sections one and tw o o f chapter 251 o f the Public Acts
o f 1907 are hereby repealed. Nothing in this act shall be con
strued as repealing any provision o f section 2116 o f the General
Statutes or any amendments thereto.
Approved, August 12, 1909.
C h a p t er 237.— Street
railways— Seats for motormen.
Seats to be
S ection 1. Every company ow ning or operating a street railprovided, when. w a y in this State shall cause each o f its cars having an air brake,
Violations.
and when running outside the territorial lim its o f any city or
borough, to be provided w ith a seat or stool fo r the use o f the
motorman operating such car or the person having the motive
pow er o f the same under c o n tr o l: Provided, That the railroad
commissioners may exempt from the provisions o f this act any
line or parts o f a line, or any cars o f such a com pany if, after
public hearing, they shall find that the presence o f such seats
upon such line, parts o f line, or cars w ould endanger or incon
venience any person or persons traveling or being legally upon
such lines or cars.
S ec. 2. Any com pany ow ning or operating any such car which
shall neglect or refuse to cause the same to be provided w ith a
seat or stool fo r the use o f the motorman operating the same
or the person having the motive power o f such car under control,
shall forfeit to the State twenty-five dollars fo r each day o f such
neglect or refusal.
Approved, August 19, 1909.
DELAW ARE.
ACTS OF 1909.
C h a p t e r 121.— Employment
of children— General provisions.
S ection 1. Chapter 123, volum e 23, o f the Law s o f D elaw are
*
* * is hereby amended as fo llo w s :
B y striking out section 1 o f said act and inserting in lieu
thereof the fo llow in g :
Age limit.
Section 1. No child under the age o f fourteen years shall be
employed or suffered to w ork at. any gainful occupation.
By striking out section 2 and inserting in lieu thereof the fo l
low ing :
S c h o o l atSection 2. No child between the ages o f fourteen and sixteen
tendance r e - y ears shall be em ployed in any factory, workshop or establishQU ie *
ment where the m anufacture o f any kinds o f goods w hatever is
carried on unless such child shall have attended a public school
or a school equivalent thereto or a parochial school fo r not less
than one hundred and forty days during the school year previous
to his arriving at the age o f fourteen years, or w ithin the school
LABOR LAW S---- DELAWARE---- ACTS OF 1909,
529
year im mediately preceding such employment, and unless such
child shall be able to read and w rite simple sentences in the Eng
lish language, and be fam iliar w ith the fundamental operations
o f arithm etic up to fractions.
B y striking out in section 3 o f said act the w ords “ in any fac- A p p lica tion
tory, workshop or establishment where the m anufacture o f any of lawkind o f goods is carried on ” and inserting in lieu thereof the
w ords “ in any gainful occupation.”
B y adding to section 3 o f said act after the w ords “ fifty-four
Night work,
hours a week ” the fo llo w in g : “ or before the hour o f seven
o ’clock in the morning or after the hour o f six o’clock in the
evening.” A lso by adding to section 3 o f said act at the end
thereof the follow in g :
The said fa ctory and workshop inspector is hereby further Enforcement,
directed and empowered to inquire into and investigate whether
the employers within this act observe its provisions and to ex
amine the sworn statements o f the parents or guardians and the
certificates o f teachers, as required by section 4 o f this act, and
to thoroughly investigate the truth o f the facts therein recited,
and after such inquiry, examination and investigation i f it ap
pears to the satisfaction o f the said factory and workshop in
spector that said employers have not observed the provisions o f
this act or that the said certificates or statements are untrue in
w hole or in part, he is hereby empowered to deliver to said em
ployer a written notice in the follow ing form , v i z :
T o ---------------------You are hereby notified and directed to discharge from your
e m p lo y ---------- w it h in -------- days from the receipt o f this notice.
Factory and Workshop Inspector.
It shall be unlaw ful for the employer o f any child within the
provisions o f this act to fa il to com ply with the terms o f said
notice.
B y striking out section 4 o f said act and inserting in lieu
thereof the fo llow in g :
Section 4. It shall be the duty o f every person or corporation Registers,
em ploying a child or children w ithin the provisions o f this act
to keep a register, in which shall be recorded the name, age, day
o f birth and place o f residence o f every child under the age o f
sixteen years so employed by such person or corp ora tion ; and
such register shall be produced on demand and shown to the
factory and workshop inspector. It shall be unlaw ful fo r any
Proof of age.
person or corporation to employ any minor under the age o f six
teen years unless there is furnished to said person or corporation
a sworn statement made by the parent or guardian o f such minor,
stating the name, date and place o f birth o f such minor, and also
unless there is furnished to said person or corporation a certifi- Schooling cercate o f the teacher or teachers o f said minor child showing that tlflcate*
it has attended school, has received the instruction and is quali
fied as prescribed by section 2 o f this act.
It shall be the duty o f said person or corporation employing Files,
such child to keep on file said affidavit and certificate during such
employment, and upon the termination thereof to deliver up said
affidavit and certificate to said child upon its request therefor.
The sworn statement o f the parent or guardian shall be filled out
and made in the follow in g form :
Form of cer
State o f Delaware,
tificate.
( ------------- County, ss.
B efore me ■
-, a Notary Public for the State o f D ela
ware, personally appears (parent or guardian o f ch ild ), who
being sworn in due form o f law, doth depose and say that (h e or
she) is the (parent or guardian) o f (nam e o f m inor), w ho i s ------years o f age.
530
B U L L E T IN OF T H E BU REA U OF LABOR.
That said (m inor) was born on t h e ------ day o f -------- A. D . --------a t -------and that the present residence o f the said (m inor’s name)
i s ---------- .
Sworn and subscribed before me t h e ------- day o f -------, A. D.
Notary Public for the State of Delaware.
The certificate o f the teacher or teachers shall be made out in
the follow ing fo r m :
---------------------- 10-------- .
This is to certify that (m inor’s nam e) has attended school in
---------- Hundred a n d ------------County f r o m ------------t o ----------- during
the school years o f ---------- .
Total number o f d a y s -------.
Total number o f n ig h t s -------.
and o f my personal knowledge (m inor’s nam e) is able to read and
w rite simple sentences in the English language, and is fam iliar
w ith the fundam ental operation o f arithm etic up to fractions.
—
Exemption.
,
Teacher.
It shall be unlaw ful for any person or corporation to employ a
child within the provisions o f this act w ithout first receiving and
filing said sworn statement o f the parent or guardian o f such
child and said teacher’s certificate as hereinabove provided.
By adding to section 7 o f said act at the end thereof the fo l
low ing :
“ Or to any person or corporation em ploying a child or children
in dom estic service.”
B y striking out section 8 o f said act.
Approved A pril 19, A. D. 1909.
Chapter 233.—Assignment
and garnishment of wages— Usurious
loans.
Employers
S ection 1. From and after the approval o f this act, it shall be
Djfvments on unlaw ful fo r any employer in this State to knowingly pay any
usurious debts, w arrant or order issued by any em ployee against his or her salary
and intended to be in payment or part payment o f any indebted
ness due any person, firm or corporation fo r borrowed money in
cases where a greater rate o f interest than six per cent per annum
has been received or charged fo r such borrow ed money.
Usurious
Sec. 2. Whenever any employer, whether individual, firm, or
r? tedpdmay 136corporation, shall be summoned as garnishee o f any em ployee at
pieaaea.
the suit o f any person, firm or corporation in an action to recover
from such employee borrowed money or interest thereon, and the
employee claim s that a greater rate o f interest than six per centum
per annum has been charged the employee shall plead such fa ct in
lieu o f an answer by the garnishee, whereupon a trial shall be
had to determine whether or not such excessive rate o f interest
had been charged and i f upon such trial it shall be determined
that a greater rate o f interest than six per cent per annum had
been charged upon such borrow ed money, the garnishee shall be
discharged.
Violations.
Sec. 3. Any employer whether an individual, member o f a firm,
agent or agents, officer or officers o f a corporation, w ho shall
knowingly do contrary to the provisions o f this act shall be
deemed guilty o f a misdemeanor and upon conviction shall be fined
in a sum not less than one hundred dollars nor m ore than five
hundred dollars, and in the default o f payment o f such fine, to
gether w ith the costs, may be imprisoned fo r a term not exceed
ing six months at the discretion o f the court.
Approved April 15, A. D. 1909.
LABOR LAW S— DELAWARE— ACTS OF 1909,
C h a p t e r 250.— Assignments
531
of wages—Loan offices.
S ection 1. It shall be unlaw ful fo r any person or corporation
Assignees o r
not having a known place o f business within the State, to take or wages to have*
accept as security for money loaned, orders or w arrants o f em -omcesployees upon their employers for salary due or to become due.
Any person or the agent o f any corporation violating the provi
sions o f this act shall be guilty o f a misdemeanor and upon con
viction shall be fined not less than one hundred dollars nor more
than five hundred dollars and in default o f the payment o f such
fine, together w ith the costs, shall be im prisoned fo r a term not
exceeding six months at the discretion o f the court.
Approved A pril 5, A. D. 1909.
D IS T R IC T OF C O LU M B IA .
ACTS OF 1908-9.
C h a p t e r 166.— Private
employment offices.
S ection 1. ( Section eight o f)
* * * entitled “ An act to regu
late the keeping o f employment agencies in the D istrict o f Colum
bia w here fees are charged fo r procuring employment or situa
tions,’’ approved June nineteenth, nineteen hundred and six, [chap
ter 3438, acts o f 1905-6, shall] be amended to read as fo llo w s :
S ec. 8. The fees charged fo r the employment o f agricultural
F e e s to be?
hands, coachmen, grooms, hostlers, seamstresses, cooks, waiters, charged,
waitresses, scrub women, nurses (except professional nurses),
chambermaids, m aids o f all work, domestics, servants, or other
laborers (except seam en), or fo r the purpose o f procuring or giv
ing inform ation concerning such person fo r or to employers, shall
be as fo llo w s :
Em ployment agents or agencies shall be entitled to receive in
advance from an employer, fo r m ale or fem ale employees, tw o
dollars e a c h : Provided, That such fee shall entitle said employer
to at least thirty days’ service from said male or fem ale employee,
or from other employees at the same rate o f wages to be furnished
by said employment agent or agencies.
Em ployment agents or agencies shall be entitled to receive in
advance from the applicant fo r w ork or employment, either male
or female, one dollar each, one-half o f which is to be returned bn
demand if such applicant is not secured a fa ir opportunity o f em
ploym ent w ithin fifteen days after the receipt o f said original fee
o f one d o lla r : Provided, That where the male or fem ale employee
receives employm ent at a rate o f wage o f twenty-five dollars per
month or more, said employment agent or agency shall, on obtain*
ing employm ent fo r such employee, receive an additional one
dollar from said em ployee: Provided, That the w hole fee and
any sums paid by the applicant fo r transportation in going to and
returning from such employer shall be refunded w ithin fou r days
o f demand, i f no employment o f the kind applied fo r w as vacant a t
the place to w hich the applicant w as d irected : And provided fur
ther, That it shall be unlaw ful fo r any employment agent o r
agency to receive m ore than the fees set forth in this act in the
business aforesaid.
It shall be the duty o f such licensed person to give to every Receipts,
applicant fo r employment from whom a fee shall be received a
receipt in w hich shall be stated the name o f said applicant, the
date and am ount o f the fee, and the purpose fo r w hich it was
paid, and to every applicant fo r help a receipt stating the name
and address o f said applicant, the date and am ount o f the fee, and
the kind o f help to be provided. Every such receipt, excepting
only those given by theatrical and teachers’ agencies and those
procuring technical, clerical, sales, and executive positions fo r
men only, shall have printed on the back thereof a copy o f this
section in the English language. No such licensed person shall
20092—No. 85—10----6
532
B U L L E T IN OF T H E BU REA U OF LABOR,
divide fees w ith contractors or their agents or other employers or
anyone in their employ to whom applicants for employment are
sent. E very such licensed person shall give to each applicant for
employm ent a card or printed paper containing the name o f the
applicant for employment, name and address o f such employment
agency, and the written name and address o f the person to whom
the applicant is sent for employment. Every such licensed person
shall post in a conspicuous place 4n each room o f such agency a
plain and legible copy o f this act, w hich shall be printed in large
type.
Approved, February 20, 1909.
GEORGIA.
A C TS OF 1908.
A ct N o. 321.— Railroads—Employment
of locomotive engineers.
(Page 49.)
E x p e r ie n c e
S ection 1. No railw ay com pany operating trains in this State
required.
shall have employed or allow in charge o f one o f its locom otives in
Violations.
this State, as a locom otive engineer, (except such engines used in
yard service) any person w ho shall not have had as much as
three years actual bona fide experience as a fireman or engineer on
a railw ay locom otive, or who shall not have served an apprentice
ship o f fou r years in a regular railroad machine shop, and have
had in addition thereto one year bona fide experience as a loco
m otive fireman.
S ec. 2. Any railw ay company violating this act shall be guilty
o f a misdemeanor and liable to indictm ent and punishment in any
county in this State in which such inexperienced person shall be
allow ed to w ork upon Such locom otive.
Approved July 23, 1908.
A ct N o. 537.— Railroads—Headlights
on locomotives.
(rage 50.)
H e a d lig h ts
S ection 1. A ll railroad companies are hereby required to equip
required.
and maintain each and every locom otive used by such company to
Violations.
Exemption.
run on its main line after dark w ith a good and sufficient head
light which shall consume not less than three hundred w atts at
the arc, and w ith a reflector not less than twenty-three inches in
diameter, and to keep the same in good condition. The w ord
main line as used herein means all portions o f the railw ay line
not used solely as yards, spurs and side tracks.
S ec . 2. Any railroad company violating this act in any respect
shall be liable to indictm ent as for a misdemeanor in any county
in w hich the locom otive not so equipped and m aintained may
run, and on conviction shall be punished by fine as prescribed in
section 1039, o f the Code o f 1895.
S ec. 4. Provided , This act shall not apply to tram roads, mill
roads and roads engaged principally in lumber or logging trans
portation in connection with mills.
Approved August 17, 1908.
AC TS OF 1909.
Liability of railroad companies for injuries to employees.
(Page 160.)
Li abi l i ty o f
employer for
S ection 1. Every common carrier by railroad shall be liable in
i m a g e s to any person suffering in ju ry w hile he is em ployed by
such carrier, or in case o f death o f such employee, to his or her
LABOR LAW S-----GEORGIA— ACTS OF 1900.
533
personal representative, for the benefit o f the surviving w idow or
husband, or child or children o f such employee, and if none, then
o f such em ployee’s parents; and i f none, then o f the next o f kin
dependent upon such employee, fo r such injury or death resulting
Negligence of
in w hole or in part from the negligence o f any o f the officers, employees:
agents or employees o f such carrier, or by reason o f any defect or
D e f e c t s in
insufficiency, due to its negligence, in its cars, engines, appliances, equipment,
etc.
machinery, track, roadbed, works, boats, wharves or other equip
^Proviso.
ment : Provided, nevertheless, No recovery shall be had hereunder
i f the person killed o r injured brought about his death o r in ju ry
by his ow n carelessness, am ounting to a failure to exercise ord i
nary c a r e ; or i f he, by the exercise o f ordinary care, could have
avoided the consequences o f the defendant’s negligence.
The
measure o f damage in case the injury results in death o f the em
ployee shall be that prescribed in sections 3828 and 3S29 o f
the Civil Code o f 1895: Provided, That the party or parties for
w hose benefit recovery may be had under this act, may sue and
recover in their own name or names in the manner prescribed by
section 3828 o f the Civil Code, in case no adm inistrator or ex
ecutor has been appointed at the time suit is filed. In case death
results from in ju ry to the employee, the employer shall be liable B u r d e n of
proof.
unless it make it appear that it, its agents and employees have
exercised all ordinary and reasonable care and diligence, the pre
sumption being in all cases against the employer. I f death don’t
result from the injury, the presumptions o f negligence shall be
and remain as now provided by law in case o f injury received by
an employee in the service o f a railroad company.
Contributory
S ec . 2. In all actions hereafter brought against any such common
not
carrier by railroad, under or by virtue o f any o f the provisions o f anegligence
bar, when.
this act to recover damages for personal injuries to an employee,
or where such injuries have resulted in death, the fact that the
em ployee m ay have been guilty o f contributory negligence, not
am ounting to a failure to exercise ordinary care, shall not bar a
recovery, but the damages shall be dim inished by the ju ry in pro
portion to the amount o f negligence attributable to such em
ployee: Provided, That no such employee who may be injured or
killed, shall be held to have been guilty o f contributory negligence,
in any case where the violation by such common carrier o f any
statute enacted fo r the safety o f employees, contributed to the in
ju ry or death o f such employee.
A s s u mption
Sec. 3. In any action brought against any common carrier under
and by virtue o f any o f the provisions o f this act. to recover dam o f risks.
ages fo r injuries to, or the death o f any o f its employees, such
employees shall not be held to have assumed the risks o f his em
ploym ent in an y case where the violation by such common carrier
o f any statute enacted for the safety o f the employees contributed
to the in ju ry o r death o f such employee.
S ec. 4. A n y contract, rule, regulation or device whatsoever, the
Contracts
purpose or intent o f w hich shall be to enable any common carrier waiving rights.
to exempt itself from any liability created by this act, shall, to
that extent, be v oid : Provided, That in any action brought
against any such common carrier, under or by virtue o f any o f
the provisions o f this act, such common carrier may set off
therein any sum it has contributed or paid to any insurance, re
lief, benefit o r indemnity that may have been paid to the injured
employee, or, in the event o f death, to the person or person en
titled th ereto on account o f the injury or death fo r which said
action is brought.
S ec. 5. No action shall be maintained under this act unless Limitation.
commenced w ithin tw o years from the day the cause o f action
occurred.
S ec. 6. The term "com m on c a r r ie r ” as used in this act shall Definition.
include the receiver or receivers or other person o r corporation
charged w ith the duty o f the management and operation o f the
business o f a common carrier.
Approved August 16, 1909.
534
BU LLETIN OF TH E BUREAU OF LABOR,
H A W A II.
AC TS OF 1909.
A ct N o. 82.— Employment
of aliens on public works.
Employment
Section 1. A ll officers, deputies, clerks, assistants, interpreters,
of aliens pro police, laborers and other persons employed in the service o f the
hibited.
government o f the T erritory o f Haw aii, or in the service o f any
county or municipal subdivision o f said T erritory shall be citizens
or eligible to become citizens o f the United States o f A m erica;
except that in cases w here it is not reasonably practicable to
obtain citizens competent fo r such service, persons other than
citizens may be employed.
Violations.
S ec. 2. Any public official who shall violate any provisions of
this act shall be liable upon conviction to a penalty of not less
than ten dollars nor more than one hundred dollars, discretionary
with the court.
Approved this 22nd day o f March, A. D. 1909.
ID A H O .
AC TS OF 1909.
Hours of labor of employees in mines, smelters, etc.
(Page 4.)
Section 1. Section
1646 [1464] o f the Revised Codes o f the
State o f Idaho is hereby amended to read as follo w s :
Eight hours
Section 1464. The period o f employment o f workingmen in
a day s work.
smelters, ore reduction works, stamp mills, concentrators and
other places w here m etalliferous ores are being treated, refined
and reduced fo r the purpose o f obtaining the metals thereof,
shall be eight (8 ) hours per day except in cases o f emergency
where life or property is in imminent danger.
Approved on the 11th day o f February, 1909.
Liability of employers for injuries to employees.
(Page 34.)
Section 1. E very employer o f labor in or about a railroad,
A pplication
of law.
street railw ay, factory, workshop, warehouse, mine, quarry, en
gineering work, and any building w hich is being constructed,
repaired, altered, or improved, by the use and means o f a scaffold,
tem porary staging, or ladders, or is being demolished, or on w hich
machinery driven by steam, w ater or other mechanical power is
being used fo r the purpose o f construction, repair or dem olition
thereof, shall be liable to his em ployee or servant fo r a personal
in ju ry received by such servant or employee in the service or
business o f the master or em ployer within this State when such
caused by—
em ployee or servant w as at the tim e o f the in ju ry in the exercise
o f due care and diligence in the follow in g c a s e s :
D efects;
(1 ) W hen the injury w as caused by reason o f any defect in the
condition o f the ways, w orks or machinery connected w ith or used
in the business o f the employer w hich arose from or had not been
discovered or remedied owing to the negligence o f the employer
o r o f any person in the service o f the employer and intrusted by
him w ith the duty o f seeing that the ways, w orks or m achinery
w ere in proper condition.
(2 ) When the in ju ry w as caused by reason o f the negligence
N e g lig e n ce
o f superintend o f any person in the service o f the employer entrusted w ith and
ent.
exercising superintendence whose sole or principal duty is that
o f superintendence, or in the absence o f such superintendent, o f
any person acting as superintendent w ith the authority and com
sent o f such employer.
Injury
LABOR LAW S---- IDAHO---- ACTS OF 1909.
535
(3 ) W hen such in ju ry w as caused by reason o f the act or
omission o f any person in the service or employment o f the master
'
or employer, done or made in obedience to the rules and regula
tions or by-laws o f the master or employer, or in obedience to
particular instructions given by any person delegated w ith the
authority o f the master or employer so to instruct.
(4 ) When such in ju ry was caused by the negligence o f any
Negligence
person in the service or employment o f the master or employer chargeSofSs £
who has charge o f any signal or telegraph office directing the n a l o r tele
movement o f any locom otive engine, train or car upon a railroad, graph office,
or any part thereof, at the time such person w as injured.
(5 ) [In ] any action brought against any employer or master
Assumption
under or by virtue o f any o f the provisions o f this act to recover of risks,
damages fo r injuries to or death o f any o f its employees, such
employee shall not be held to have assumed the risks o f his em
ployment in any case where a violation by such employer or
master o f any statute enacted fo r the safety o f employees con
tributed to the in ju ry or death o f such employee.
(6 ) A n employee, by entering upon or continuing in the service Wh a t risks
o f the employer, shall be presumed to have assented to the neces- assumed,
sary risks o f the occupation or employment, and no others. The
necessary risks o f the occupation or employment shall, in all
cases arising after this act takes effect, be considered as includ
ing those risks, and those only, inherent in the nature o f the
business, w hich remain after the employer has exercised due care
in providing fo r the safety o f his employees, and has complied w ith
the law s affecting or regulating such business or occupation for
the greater safety o f such em ployees: Provided, That the master f ^ 2 «?L Iedge
or employer shall not be liable under any o f the provisions o f this 0
cts‘
section i f the servant or employee knew o f the defect or negligence
causing the injury, or by the exercise o f reasonable care could
have known o f the defect or negligence causing the in ju ry and
failed within a reasonable tim e to give notice thereof to the master
or employer, or to some person superior to him self engaged in
the service or employm ent o f the master or employer w ho had
entrusted to him some general superintendence, unless the master
o r such superior already knew o f such defect or n egligence:
Provided, also, That the master or employer shall not be liable N e g lig e n ce
under any o f the provisions o f this section w here the in ju ry to o f fellow -servthe em ployee w as caused by the incompetency o f a coemployee, ant*
and such incompetency w as known to the employee injured, and
the em ployee injured failed within a reasonable time to give notice
th ereof to the master or employer, or to some person superior to
him self engaged in the service or employment o f the master
or em ployer w ho had entrusted to him some general superintend
ence, unless the master or employer or such superior already
knew o f such incom petency o f such coemployee, and such master
or em ployer failed or refused to discharge such incompetent em
ployee or failed or refused to investigate the alleged incom petency
o f the coem ployee and discharge him i f found incompetent.
S ec . 2. In the case o f in ju ry to an employee w ho is a minor,
Injuries t o
then the father, or in case o f his death or the desertion o f h is minorsfam ily, the mother may maintain an action for injuries received
fo r w hich the master is liable under the provisions o f this act,
unless the said minor be married, in w hich case the said minor
m ay maintain an action in his ow n name fo r the said injuries,
and a guardian may under like circumstances maintain an action
fo r the in ju ry o f his ward, and in the event the said minor be not
married and have no father or mother dependent upon him, the
said action may be maintained by a guardian to be appointed by
the court fo r the benefit o f the said minor. In case the said in
ju ries result in the death o f the said m inor and the said minor
be married, then the action may be maintained by the w idow
and guardian o f the said m inor’s children, i f any there be, and i f
the said minor be unmarried, then the father or in case o f his
death or desertion o f his fam ily, the m other may maintain an
action fo r the death o f said minor child resulting under such
536
B U L L E T IN OF T H E BU REA U OF LABOR.
circum stances; and i f neither father nor mother survive the said
minor, the action may be brought by the next o f kin who at the
time o f his death w ere dependent upon his wages fo r support, or
by the personal representatives o f the minor fo r the benefit o f
such next o f kin who a t the time o f the death o f the said minor
w ere dependent upon his wages fo r support.
Sec.
In case tlie em ployee be not a m inor and the injuries
13 &
n‘ result in his death, then an action may be m aintained by the
w idow o f the deceased, or i f he leaves no widow, his next o f kin
w ho at the tim e o f his death w ere dependent upon his w ages fo r
support, or by his personal representatives fo r the benefit o f his
heirs or n ext o f kin fo r damages against the employer under the
circum stances mentioned in this act.
Damages.
gEc. 4. The am ount o f damages to be recovered in case o f death
shall not exceed the sum o f five thousand dollars ($5,000).
The damages recovered on account o f death shall not be sub
je c t to the debts o f the deceased.
Notice.
S ec . 5. No action fo r the recovery o f compensation fo r injuries
or death under this act shall be m aintained unless notice o f the
time, place and cause o f the in ju ry is given to the employer
w ithin one hundred and fifty (150) days, and the action is comLimitation. menced within one (1 ) year a fter the occurrence o f the accident
causing the injury or death. The notice required by this section
shall be in writing, and shall be signed by the person injured or
by some one in his behalf, but i f from physical or mental in
capacity it is im possible fo r the person injured to give notice
w ithin the tim e provided in this section, he may give the same
within ten (10) days after such incapacity is removed. In case
o f his death without having given such notice, his executor or ad
m inistrator or w idow or next o f kin may give such notice w ithin
sixty (6 0 ) days a fter such death, but no notice under the pro
visions o f this section shall be deemed to be invalid or insuffi
cient solely by reason o f any inaccuracy in stating the time, place
or cause o f the injury, i f it be shown that there w as no intention
to mislead and the party entitled to notice w as not in fa ct misled
thereby. The notice required by this section shall be served in
the same manner as required o f the service o f summons in civil
actions.
Approved March 6th, 1909.
Mine regulations.
(Page 266.)
Section 1. The rules, regulations and methods prescribed in
sections 2-29 o f this act, w hich [sic] shall be observed and fol
lowed by each and every person, employee, firm or corporation
operating mines w ithin the State o f Idaho.
Protection
S ec. 2. Shafts or tunnels, w hich at the present time, are covagainst fire,
cred w ith fram e buildings, such as shaft houses, blacksm ith shops,
machine shops or engine rooms, shall be provided w ith fire pro
tection. In all cases, dry hand-grenade fire extinguishers shall
be available a t convenient points around the buildings, and water
protection under sufficient natural pressure, w ith at least one
hydrant, w ith hose and nozzel [nozzle] attachment, located out
side o f the building, shall be provided wherever w ater is avail
able.
Fire doors.
S ec . 3. Every w orking adit or crosscut tunnel entrance, where
wooden buildings exist, at or near the portal o f same, shall be
provided w ith a fire door not less than fifty (50 ) feet in from the
earth portal o f the tunnel. T h is door shall be hung and so ad
ju sted that, upon being released, it w ill close o f its ow n accord,
either by its own weight, when hung from the top o f the tunnel,
or by means o f suspended weights, when hung from the side. The
door shall be held open by a rope passing over a pulley, terminat
ing outside o f any o f the buildings at the mouth o f the tunnel,
and shall be so fitted that, when closed, it w ill cut off the circulaA pplication
of law.
LABOR LAW S---- IDAHO---- ACTS OF 1909.
537
tion o f air as completely as possible. W here electric haulage is
used in said adit or crosscut tunnel, a door consisting o f tw o doors
hung from the sides and closing tightly can be used.
I f there be no other exit, which can be reached from the under
ground workings connected with such entrance tunnel, then such
entrance tunnel shall further be provided w ith a short raise and
ladder w ay to the surface immediately inside o f the fire door.
Sec. 4. A ll mines employing, underground, more than fifteen
Exits.
men, and w here the vein has been driven on and stoping com
menced, shall be provided w ith more than one exit, and where
there is no such escapement raise or exit, w ork on such an outlet
shall be commenced immediately, and be diligently carried on
until completed.
Shafts.
S ec. 5. Shafts sunk to a greater depth than one hundred feet
must have tw o or more compartments, one compartm ent to be
used fo r a manway, and to be fitted w ith a good, substantial
ladder way, provided w ith platform s or crosspieces at intervals
o f not to exceed twenty feet, and where practicable, the ladders
should be in lengths o f not to exceed twenty feet, and inclined at
a convenient angle.
D o o r s to
S ec . 6. W here w ooden buildings exist, at or near the collar o f a
shaft, and when there is no other exit w hich may be reached from manways.
this shaft, through underground workings, then the manway com
partment o f the shaft must be partitioned off from the other com
partments, and provided with a trapdoor, over the manway com
partment, at the surface, which must be kept closed or so ar
ranged that it can be closed from a point outside o f the building
by the releasing o f a rope, and said m anway compartm ent shall
in addition be connected w ith the surface by a short d rift or raise
starting at a point not less than twenty-five feet below the collar
o f the shaft and terminating outside o f the building.
Buildings at
S ec. 7. The construction o f new buildings* fo r mechanical plant, entrances.
timber sheds, blacksmith shop or for any other purpose, over or
a t the entrance to a mine, shall be prohibited, excepting in high,
snow y countries where a shed may be permitted between the
buildings and the entrance to the mine, w hich can be rapidly de
stroyed in case o f fire, but all fram e buildings shall be placed at
a distance o f not less than twenty-five fet [feet] from the
entrance.
Openings to
S ec . 8. The collar o f all shafts shall be fixed and protected, so
th at persons and foreign objects can not fa ll into the shafts, and be guarded.
all openings in mines such as chutes, winzes, timber slides and
m ill holes, when not in use fo r any considerable length o f time,
shall be protected by a plank or guard rail, and all abandoned or
unused surface shafts or raises to the surface shall be securely
fenced off or covered.
S ec. 9. It shall be unlaw ful fo r any person to sink or operate a
Mine cages,
vertical or steeply inclined shaft to a greater depth than 250 .feet etc.
w ithout having the same equipped w ith a mine cage, skip or bucket
fitted w ith safety clutches.
W here a bucket is used, the same must be attached to a fixed
safety crosshead by tw o chains o r cables. Loose-heads fo r shaft
buckets are strictly prohibited.
W here a cage or skip is used, it must be provided w ith a bonnet
in addition to safety clutches. The bonnet must be made o f boiler
sheet iron o f a t least f t inch thickness, and must cover the top o f
the cage in such manner as to afford the greatest protection to
life and limb from any falling objects.
W here a cage and skip are used together, in the same com part
ment o f the shaft, the bonnet may be dispensed with, if the skip
is placed above the ca g e: Provided, This act does not apply to
skips, cages or buckets used solely to hoist or low er materials.
Sec. 10. A ll gallow s fram es shall be equipped w ith autom atic S a f e t y a p
chairs placed in such a position as to catch the cage or skip, and pliances.
prevent its falling, in case o f overwinding and consequent break
ing o f the cable.
538
Height of
gallows frame.
B U L L E T IN OF T H E BU REA U OF LABOR.
S ec . 11. A fter a shaft has reached tw o hundred feet in depth
d o p in g commenced, the gallow s fram e shall not be less than
forty feet in height between the collar o f the shaft and sheave
wheel.
indicators.
S ec . 12. W herever a steam, electric, gas, air or water driven
hoist is used, in the handling o f men, in mines, it shall be equipped
w ith an indicator, placed in clear view o f the hoist engineer, and
geared positively to the shaft or drum o f the hoist, and so ad
ju sted w ith dial or slide as to provide a target or indicator that
w ill at all times show the exact location o f the bucket, cage o r
skip.
E lectric
S ec . 13. Electric pow er cables, where used underground, shall
cables.
be thoroughly insulated; and, w here electric haulage is used un
derground, the trolley w ires must be protected by inverted
U-shaped guards, placed along the trolley wires, opposite any
hand-loading chutes.
Signals.
S ec. 14. E very shaft, that is equipped with a bucket, cage or
skip operated by a hoist, shall be supplied w ith a pull bell, and
also w ith an electric bell and flash-light signal, w here practicable,
S ec . 15. Every mining property using hoisting apparatus w ithin
Laws to be
posted.
the State o f Idaho shall keep one copy o f this entire code posted
on the gallow s fram e, and a copy o f the bell signals before the
hoist engineer, and on each station.
Cage men.
Sec. 16. A ll mines em ploying m ore than fifteen men equipped
w ith cages or skips used for hoisting men and m aterial from tw o
or m ore levels, shall have a man known as a eager, w hose d u ty
shall be to load and unload the cage or skip, and to give signals
to the hoisting engineer, etc.
II o i s t i n g
S ec. IT. It shall be u nlaw ful fo r any eager or other person to
men.
ride upon a cage or skip except after having given a bell signal
known by the engineer to be a signal fo r the handling o f men.
N o private or short signals w ill be allow ed when men are to be
hoisted or lowered.
Special sigS ec. 18. It shall be unlaw ful fo r any one, excepting the eager,
nals.
to ring the hoist bells w ithout first giving a special signal, n otify
ing the hoist engineer that some one other than the eager is ring
ing the bell.
Hand l i n g
S ec . 19. It shall be unlaw ful fo r men to travel on a cage or skip
supplies.
loaded w ith steel supplies or material, other than the eager or
those who are assisting him in the loading and unloading o f such
material.
R id ing on
S ec . 20. It shall be u nlaw ful fo r any person, whether w orkin g
bail or cable. f or him self or whether he be in the employ o f any other person,
company or corporation, to ride upon the bail or cable o f a hoist
ing bucket, cage or skip.
Signals r e S ec . 21. It shall be unlaw ful fo r any hoist engineer to raise or
quired.
low er a bucket, cage or skip, except upon bell signals.
Unskilled
S ec. 22. When a man is being broken in as hoist engineer and
engineers.
when he is under the tutorage o f a qualified hoist engineer, and
a signal is given to hoist or low er men, the qualified hoist engi
neer there present must take charge o f the hoist, the new man not
being allow ed to handle the hoist when men are on the cage o r
skip until he has qualified as a hoist engineer.
Engineers
S ec . 23. It shall be unlaw ful fo r any hoist engineer, w hile on
fn* c o n v e f s S duty, to answer questions or converse-w ith any one in any manner whatever, excepting such persons as may be assisting him in
tion.
the operation o f the hoist, and then only when necessary. W hen
approached by any one desiring to converse w ith him, he shall
bring the hoist to rest and descend from the bridge before answ er
ing any such inquiry, or entering into conversation,
Ra t e o f S ec. 24. It is unlaw ful fo r any person, company or corporation
hoisting.
to hoist or low er men a t a greater speed than six hundred fe e t
per m in u te; or to hoist or low er the men when going on or com ing
o ff o f shift, after the cage has remained idle several hours, u ntil
one round trip has been made w ith the empty ca g e ; and when a
shaft is equipped w ith chairs at the several levels, the hoist engi-
LABOR L A W S---- IDAH O---- ACTS OF 1909,
539
neer must slow up when passing stations when men are on the
eago or skip.
S ec . 25. No person addicted to the use o f intoxicating liquors
Use of inor under twenty-one years o f age shall be employed as hoisting toxicants,
engineer, and no person under the influence o f liquor shall be
permitted underground, either in the capacity o f employee or
otherwise.
S ec. 26. It shall be unlaw ful fo r any mining company or person
storing exto store m ore explosives in the underground w orkings o f any mine plosives.&
where men are employed than is required fo r tw enty-four hours’
use, and it shall also be unlaw ful to store or thaw powder in any
buildings used as a dw elling or in w hich men are employed in any
capacity, excepting in the storing, thawing or removing o f the
same, and storage places fo r powder shall be situated not less
than tw o hundred (200) feet distant from any dwelling or w ork
ing place fo r men, unless some impregnable natural object inter
venes, and then only in a properly designated building or an under
ground excavation to be used exclusively fo r that purpose, and
conspicuously m arked as such.
Pow der thawers using fire, candles, lanterns or lights o f any
kind are hereby prohibited in mines employing more than fifteen
(15 ) men.
S ec. 27. No person, whether w orking fo r him self or in th e
Use of steel
employ o f another person, company or corporation, w hile loading tamping bars,
or charging a hole w ith nitroglycerine powder or other explosive,
or in rem oving pow der from same, shall use or employ any steel
or iron b a r ; nor shall any mine manager, superintendent, forem an
or sh ift boss, or other person having the management or direction
o f mine labor, allow or permit the use o f steel, iron or other
metal tamping bar by employees under his management or
direction.
S ec . 28. Oils and other inflammable m aterials shall be stored
Storing oils*
or kept at a safe distance from the mine buildings, and at a s a fe etc>
distance from the pow der magazine, and their removal from said
building fo r use shall be in such quantities as are necessary to
meet the requirements o f one day only.
S ec . 29. Any person, firm or corporation operating mines Violations,
w ithin the State o f Idaho w ho shall fail, neglect or refuse to
com ply w ith any provisions o f this act, relating to the duties o f
employees, shall be guilty o f a misdemeanor, and upon conviction
shall be fined the sum o f not more than three hundred ($300)
dollars or im prisonment fo r not more than six months, or by both
such fine and im prisonm ent; and any employee in any mine who
shall fail, neglect or refuse to comply w ith any o f the require
ments o f this act, relating to the duties o f employees, shall be
guilty o f a misdemeanor, and upon conviction shall be fined the
sum o f not more than three hundred ($300) dollars, or im prison
ment fo r not m ore than six months, or both such fine and im
prisonment.
S ec . 30. It shall be the duty o f the prosecuting attorney o f the Enforcement,
proper county to prosecute the violation o f the provisions o f this
act, upon the furnishing o f the necessary inform ation by or at the
direction o f the inspector o f mines.
Approved M arch 15, 1909.
IL L IN O IS .
AC TS OF AD JO U RN ED SESSION, 1907-8.
J o in t R eso lu tio n .— Employment
commission.
(Page 104.)
The governor is hereby authorized and requested to appoint a Appointment
commission consisting o f three representative men w ho are eith erof commission*
m anufacturers or employers o f labor, three representative men
w ho are employees, one representative man learned in the law,
540
B U L L E T IN OF T H E BU EEA U OF LABOE,
one representative man who is a physician or one who is fa
m iliar w ith the standard o f sanitation, and one representative
citizen who is neither an employer o f labor nor an employee, who
shall serve w ithout remuneration, and whose duties shall be to
thoroughly investigate and report to the governor, by bill or bills,
or otherwise, the most advisable method, or methods, fo r provid
ing fo r the health, safety and com fort o f the employees o f fa cto
ries, m ercantile establishments, m ills and w orkshops in this State,
fo r consideration and action by members o f the 46th general as
sembly.
The secretary o f the bureau o f labor statistics shall be secre
tary o f said commission and keep a record o f its proceedings and
furnish all necessary inform ation to the same.
Adopted by the senate, May 11, 1907.
Concurred in by the house. November 27, 1907.
ACTS OF 1909.
Commission to investigate conditions of mining—Revision of laws.
(Page 55.)
Appointment
Section 1. A commission [shall] be established to be known
of commission. ag ^
mining investigation commission o f the State o f Illinois,
consisting o f three coal mine owners and three coal miners ap
pointed by the governor, together w ith three qualified men, no
one o f whom shall be identified or affiliated w ith the interests o f
either the mine owners or coal miners or dependent upon the
patronage or good w ill o f either, nor in political life, w ho shall
be appointed by the governor.
Each member o f the said commission shall have equal authority,
power and voting strength in considering and acting upon any
matters w hich may be brought to the attention o f the commission
and on w hich the commission may act and the said commission
shall have pow er and authority to investigate the methods and
conditions o f m ining coal in the State o f Illinois w ith special
reference to the safety o f human lives and property and the con
servation o f the coal deposits.
Powers.
Sec. 2. In making any investigation as contemplated in this act,
said commissioners shall have the power to issue subpoenas fo r
the attendance o f witnesses, w hich shall be under the seal o f the
commission and signed by the chairman or secretary o f said
commission.
In case any person shall w illfu lly fail or refuse to obey such
subpoena, it shall be the duty o f the circuit court o f any county,
upon application o f the said commissioners, to issue an attach
ment fo r such witness, and compel such witness to attend before
the commissioners, and give his testimony upon such matters as
shall be law fu lly required by such com m issioners; and the said
court shall have the power to punish fo r contempt, as in other
cases o f refusal to obey the process and order o f such court.
The fees o f witnesses shall be the same as in courts o f record
and shall be paid out o f the appropriation hereinafter made.
And upop order duly entered o f record by the said commission
any one or m ore members o f the said commission shall be em
powered to take testimony touching the matters within the ju ris
diction o f the said commission and report the same to the said
commission.
Said commission shall have power and are authorized to adopt a
seal and to make such rules not inconsistent w ith or contrary to
law fo r the government o f proceedings before it, as it may deem
proper and shall have the same power to enforce such rules and
to preserve order and decorum in its presence as is vested by the
common law or statute o f this State in any court o f general
jurisdiction.
Meetings.
Sec. 3. Said commission shall meet at the state capitol building
in Springfield, on the second Tuesday after notice o f their ap-
LABOR LAW S---- ILLINOIS---- ACTS OF 1909.
541
pointment and shall immediately elect a chairman and secretary
from am ong their number, one o f whom shall be a coal mine ow ner
and the other a coal miner. Said commission shall cause a
record to be kept o f all its proceedings.
Five members o f the said commission shall constitute a quorum
fo r the transaction o f business, but a less number than a quorum
m ay adjourn the meetings o f the commission from time to time.
Meetings o f the said commission other than called meetings,
as provided fo r herein, may be held at such times and places
within the State o f Illinois, as m ay be fixed by the said com
mission.
A meeting o f the said commission shall be held upon the w rit
ten request o f any three members o f the said commission signed
by them and delivered to the secretary, who shall, upon request
[receipt] o f such request, n otify each member o f said commission
by mail o f such meeting so to be held, and the time and place
thereof. A nd no such meeting shall be held less than five days
after the m ailing o f notice o f the said meeting to the members
o f said commission by the secretary.
Such called meeting shall be held either in Springfield or
Chicago.
Report.
S ec. 4. Said commission shall report to the governor and to
the general assembly at its next regular session, submitting so fa r
as they have unanimously agreed, a proposed revision o f coal
m ining laws o f the State, together w ith such other recommenda
tions as to the commission shall seem fit and proper, relating to
coal mining in the State o f Illinois.
And w here there is not unanimous agreement upon any recom
mendation there shall be submitted in like manner separate re*
ports em bodying the recommendations o f any one or more mem
bers o f the said commission, w hich said reports shall each set
forth in detail the recommendation o f the commissioner or com
missioners signing said report and shall embody his or their
respective reasons fo r such recommendation and his or their
objections to the reports o f other members o f the commission.
Upon the filing o f the above-mentioned reports, recommendations
and objections the duties and functions o f said commission shall
cease.
C om pensa
S ec. 5. The members o f said commission who are coal mine
owners and coal miners as aforesaid, shall receive no compensa tion.
tion fo r their services. The remaining three members o f the
commission shall receive as compensation, fo r their services the
sum o f $10 per day fo r each day actually employed by them as
such commissioners. A ll members o f the said commission shall
be reimbursed fo r their actual expenses incurred in and about
the actual w ork o f such commission.
Said commission may appoint a stenographer or clerk and such
other employees as are necessary and shall fix their compensation
and may incur such other expenses as are properly incidental to
the w ork o f the commission.
Approved June 10, 1909.
Examination and licensing of barbers.
(Page 98.)
Section 1. It shall be unlaw ful fo r any person to follow the Certificate re
occupation o f barber in this State, unless he shall first have ob quired.
tained a certificate o f registration as provided in this a c t :
Provided, however, That nothing contained in this act shall apply
to or affect any person who is now actually engaged in such
occupation, except as hereinafter provided.
S ec. 2. A board of examiners, to consist of three (3 ) persons,
Board of ex
is hereby created to carry out and enforce the provisions of this aminers.
act. Said board shall be appointed by the governor and shall con
sist of practical barbers who have been for at least five <5) years
prior to their appointment, engaged in occupation of barber in
542
Powers, etc.
Compensa
tion.
E x a m i n ations.
Report.
.B a rb e rs at
time of act.
B U L L E T IN OP T H E B U REA U OP LABOR,
this State. Each member o f said board shall serve a term o f tw o
(2 ) years and until his successor is appointed and qualified,
except in the case o f the first board, whose members shall serve
one ( 1) , tw o ( 2) [and] three (3 ) years respectively, and shall
take the oath provided fo r public officers. V acancies shall be
filled by the governor fo r the unexpired portion o f the term.
Sec. 3. Said board shall elect a president, secretary and
treasurer, shall have a common seal, and shall have the pow er
to administer oath. The office o f secretary and treasurer may be
filled by the same person, as said board may determine. The
secretary and treasurer shall give a bond in the sum o f one
thousand dollars ($1,000), w ith sureties approved by the secre
tary o f state, conditioned fo r the faith ful perform ance o f the
duties o f the office.
Sec. 4. Each member o f said board shall receive a compensa
tion o f fou r (4 ) dollars per day and actual expenses fo r actual
service, and tw o (2 ) cents per mile fo r each mile actually traveled
in attending the meetings o f the board, w hich compensation shall
be paid out o f any moneys in the hands o f the treasurer o f said
b oa rd : Provided, That said compensation and mileage shall in
no event be paid out o f the state treasury.
S ec. 5. Said board shall hold practical exam inations at least
fou r times each year, said exam inations to be held in cities in
different parts o f the State, distributed as evenly as possible fo r
the convenience o f the applicants, and such other exam inations at
such times and places as they may, from tim e to time determine.
W henever com plaint is made that any barber shop is kept in an
unsanitary condition, or that contagious diseases have been im
parted, a member o f the board shall visit and inspect such shops
and enforce the provisions o f this act. The board shall keep a
record o f all its proceedings, shall also show i f such applicant
w as registered or rejected by examination, or otherwise, such
book shall be prim a facie evidence o f all matters required to be
kept therein.
S ec. 6. Said board shall file w ith the governor on the 1st day
o f July o f each year, an item ized statement o f all the receipts
and expenses o f the board fo r the year.
Sec. 6a. A ll those now actually engaged in th e-occu pation as
barber, in this State, shall w ithin ninety days after the approval
o f this act, file w ith said board an affidavit setting forth his name,
residence and length o f time, and the place w here he has practiced
the trade, and shall pay to the secretary o f said board the fee o f
$1 and a certificate o f registration shall be granted to him author
izing him to practice as barber in this State.
Applications
Sec. 7. Any person desiring to obtain a certificate o f registra
f o r examina
tion under this act shall make application to such board therefor,
tion.
pay to the treasurer of said board an examination fee of three (3 )
dollars, present him self at the next regular meeting o f the board
for the examination of applicants, and i f he shows that he has
studied and practiced the trade for three (3 ) years as an ap
prentice under one or more practicing barbers, or for at least three
(3 ) years in a properly appointed and conducted barber school under
the instructions o f a competent barber, or practiced the trade fo r
at least three (3 ) years in this State or other states, and that he
is possessed o f the requisite skill in such trade to properly per
form all the duties thereof, including his ability in the prepara
tion o f the tools, shaving, h air cutting and all the duties and serv
ices incident thereto, and has sufficient knowledge concerning the
common diseases o f the face and skin to avoid the aggravation
and spreading thereof in the practice o f said trade, his name shall
be entered by the board in the register hereafter provided for,
and a certificate o f registration shall be issued to him authorizing
him to practice said trade in this State. A ll persons making
application fo r exam ination under the provisions o f this act shall
be allow ed to practice the occupation o f barbering until the next
meeting o f the board, and the board shall issue a perm it author-
LABOR LAW S— ILLINOIS— ACTS OF 1909.
543
izing him to practice said trade until the next meeting o f the
board.
S ec . £. Nothing in this act shall prohibit any person from serv A ppren tices
ing as an apprentice in said trade under a barber authorized to and students.
practice the same under this act, or from serving as a student in
any barber school fo r the training o f students in such trade under
the training o f a qualified b a rb er: Provided , That such apprentice
or student shall apply to said board to have his name registered
w ith said board in a book w hich shall be kept by the board fo r
the registering o f apprentices and students and secure a permit to
practice as an apprentice or student under the instructions o f a
qualified barber. A fter having practiced the trade fo r three (3 )
years under a qualified barber such apprentice or student shall
be eligible to become a registered barber and present him self at
the next meeting o f the board held nearest to him fo r the exam i
nation o f applicants, and pay the fee o f three (3 ) dollars for
examination, as provided in section 7.
S ec . 9. Said board shall furnish to each person to whom a cer
Cards.
tificate o f registration is issued, a card or an insignia bearing the
seal o f the board and the signature o f its president and secretary,
certifying that the holder thereof is entitled to practice the occu
pation o f barber in this State, and it shall be the duty o f the
holder o f such card or insignia to post the same in a conspicuous
place in front o f his w orking chair where it m ay readily be seen
by all persons whom he may serve. Said card or insignia shall
be renewed on or before the first day o f July in each year, and
the holder o f said certificate o f registration shall pay to the
treasurer o f said board the sum o f one (1 ) dollar fo r said re
newal card or insignia. Upon failure o f any holder o f a certifi
cate o f registration to apply fo r a renewal o f his card or insignia
on or before the first day o f July in each year, his said certificate
o f registration may be revoked by said board, subject to the pro
visions o f section 11 o f this act.
Sec. 10. Said board shall keep a register in w hich shall be
Register.
entered the names o f all persons to whom certificates are issued
under this act, and said register shall be a t all times open to
public inspection.
R u l e s for
S ec . 11. Said board shall be authorized to adopt reasonable
rules providing fo r the sanitary regulation o f barber shops, sub sanitation.
je c t to the approval o f the state board o f health, and shall have
the pow er to enter any barber shop during business hours fo r the
purpose o f inspection o f such shops. I f any shop be found in an
unsanitary condition, or if any barber w orking therein has been
charged w ith im parting any contagious or infectious disease, the
board shall im mediately n otify the health officer thereof, and
such shop shall be quarantined and the barber so charged shall
not practice his occupation until such quarantine shall be re
moved by the health officers. Said board shall have the pow er to
revoke any certificate o f registration granted by it under this act,
fo r conviction o f crime, habitual drunkenness, fo r six months
im mediately before a charge duly made, gross incompetency,
failure to com ply w ith the sanitary rules approved by the state
board o f health or fo r having im parted any contagious or in fec
tious disease: Provided, That before any certificate shall be so
revoked, the holder thereof shall have notice in w riting o f the
charge or charges against him, and at a day specified in said no
tice a t least five (5 ) days after the service notice thereof, be
given a public hearing and be given an opportunity to present
testim ony in his behalf, and to confront the witnesses against
him. A ny person whose certificate has been revoked, may after
the expiration o f ninety (90) days apply to have his certificate
regranted, and the same shall be regranted to him upon his giving
satisfactory proof that his disqualification has ceased to exist.
Sec. 12. T o shave or trim the beard or cut the hair o f any per Definition.
son fo r hire by the person perform ing such service or any other
person, shall be construed as practicing the occupation o f barber
w ithin the meaning o f this act.
544
Violations.
B U L L E T IN OF T H E BU BEA U OF LABOB,
S ec. 13. Any person practicing the occupation o f barber in this
State w ithout having obtained a certificate o f registration, as pro
vided by this act, or w illfu lly em ploying a barber w ho has not
such a certificate or falsely pretending to be qualified to practice
such occupation under this act, or violating any o f the provisions
o f this act, is guilty o f a misdemeanor, and upon conviction
thereof shall be punished by a fine o f not less than ten (1 0 ) d ol
lars nor m ore than one hundred dollars <$100) or by im prison
ment in the county ja il not less than ten (10) days nor more than
ninety (90 ) days.
Approved June 10, 1909.
Examination and licensing of plumbers.
(Page 132.)
S ection 1. Section fou r o f A rticle X I I o f chapter tw enty-four
(24 ) o f an act entitled, “ An act to provide fo r the licensing o f
plumbers and to supervise and inspect plumbing,” approved June
10, 1897, in force July 1, 1897, [chap. 24, see. 501, Rev. St. o f 1905]
is hereby amended so as to read as fo llo w s :
Duties o f
Section 4. Said board o f exam iners shall, as soon as may be.
iner? °f exam" after th e appointment, meet and shall then designate the times
and places fo r the exam ination o f all applicants desiring to en
gage in or w ork at the business o f plumbing, w ithin their respec
tive jurisdiction. Said board shall exam ine said applicants as to
their practical knowledge o f plumbing, house drainage and plum b
ing ventilation, and if satisfied o f the com petency o f such appli
cants shall thereupon issue a certificate to such applicant author
izing him to engage in or w ork a t th e business o f plumbing
whether as master plumber o r employing plumber or as a jo u r
neyman plumber.
Fees.
The fee fo r a certificate fo r a master plumber o r employing
plumber shall be $50; fo r journeym an plumber it shall be $1.
Said certificate shall be valid and have fo r ce throughout the State
fo r a period o f one year from date o f issuance and may be renewed
upon its expiration by payment in advance o f an annual renewal
fee o f $10 fo r the certificate o f a master plumber or em ploying
plumber and the payment in advance o f an annual renewal fee o f
$1 or [fo r ] the certificate o f a journeym an plumber. A il fees re
ceived for said certificate shall be paid into the treasury o f the
city, town, or village where said certificates are issued.
Approved June 14, 1909.
Bureau of labor.
(Page 199.)
B o a r d of
S ection 1. It shall be th e duty o f the governor, w ith th e advice
commissioners. 0£
to appoint a board o f commissioners o f labor, to con
Duties.
sist o f five members, who shall hold office for tw o years, three o f
whom shall be manual laborers, the remaining members o f the
commision shall be m anufacturers or em ployers o f labor in some
productive industry, and they shall meet annually on the first
M onday in September, at the state capitol, when they shall organ
ize by electing a president from themselves and appointing a sec
retary, who shall hold office fo r a term o f tw o years o r until his
successor is appoin ted; the said secretary to have no voice in
the deliberations o f said board nor to be selected from said
commissioners.
S ec. 2. The duties o f such board shall be to collect, assort,
systematize and present in biennial report to the general assem bly
statistical details relating to a ll departments o f labor in the
State, especially in its relation to the com m ercial, industrial,
social, educational and sanitary conditions o f the laboring classes
and to the permanent prosperity o f the m echanical, m anufacturing
LABOR L A W S---- IL L IN O IS-----ACTS OF »
,
545
and productive industries o f the S ta te; and also statistical details
o f the m anufacturing industries and commerce o f the State, set
ting forth such details as the local character o f the industry,
capital, total output, number o f people employed and such other
details as w ill give a total presentation o f the industrial and
com m ercial condition and progress o f the State: Provided, That
in no case shall the statistics thus published be so arranged as to
reveal the affairs o f any single industrial or com m ercial concern.
It shall be the duty o f every employer o f labor in this State
Employers
to afford to the state commissioners o f labor, or their representa- to f u r n i s h
fives, every fa cility fo r procuring statistics o f the wages and con- data*
ditions o f their employees for the purpose o f com piling and pub
lishing statistics o f labor and o f social and industrial conditions
and statistical details o f m anufacturing industries and commerce
w ithin the State as required by law. Any person who shall hinder
or obstruct the investigations o f the agents o f the commissioners
or shall neglect or refuse, for a period o f ten days, to furnish the
inform ation called fo r by the schedules o f the commissioners as
provided above, shall be adjudged guilty o f a misdemeanor and be
subjected to a fine o f one hundred dollars ($100).
S ec . 3. The compensation o f said commissioners shall be five
Compensadoilars per day fo r thirty (30) days o f each annual session, and tion.
the compensation o f said secretary shall be twenty-five hundred
dollars ($2,500) per annum. * * * The auditor is further
directed and authorized to draw his warrant for the actual travel
ing, incidental and office expenses o f said commissioners and their
secretary, on their vouchers sworn to by them and approved by
the president o f the board and the governor.
Approved June 10, 1909.
Free public employment offices.
(Page 201.)
S ection 1. Section 12 o f “ An act relating to employment offices
and ag en cies/’ approved and in force May 11, 1903 [chapter 48,
sec. 64, Bev. St. o f 1905] is hereby amended so as to read as
fo llo w s :
Section 12. A ll money or moneys received from fees and fines
Enforcement
shall be held by the said commissioners o f labor, and shali con- fund,
stitute a fund fo r the purpose o f enforcing the provisions o f this
a ct; the secretary o f the commissioners o f labor shall act as
custodian o f the fee and fine fund and shall execute a bond to the
people o f the State o f Illinois w ith good and sufficient securities,
in a sum to be fixed by the commissioners o f labor conditioned
upon the faith fu l perform ance o f his duties. The bond shall be
approved by the governor and then filed w ith the secretary o f
state. A ll expenditures from the fee fund or any other fund under
the control o f the commissioners o f labor shall be paid on itemized
vouchers certified to by the president o f the commissioners o f
labor and approved by the governor o f the State o f Illinois, and
the said commissioners shall, at the end o f each fiscal year, make
an account o f said fund and pay into the state treasury whatever
balance shall remain after paying the necessary disbursements for
the purpose o f enforcing the provisions o f this act.
Approved June 5, 1909.
Inspection of factories and workshops.
(Page 202.)
S ection 1. A ll power driven machinery, including all saws,
Guards f o r
planers, w ood shapers, jointers, sandpaper machines, iron mangles, dangerous maemery wheels, ovens, furnaces, forges and rollers o f m eta l; all chmev^‘
projecting set screws on moving p a rts; all drums, cogs, gearing,
belting, shafting, tables, fly wheels, flying shuttles and hydro
extractors ; all laundry machinery, m ill gearing and machinery o f
546
B U L L E T IN OF T H E B U BEA U OF LABOB,
every description ; all systems o f electrical w iring or transm ission;
all dynam os and other electrical apparatus and appliances; all
vats or pans, and all receptacles containing molten metal or hot
or corrosive fluids in any factory, mercantile establishment, mill
or w orkshop, shall be so located wherever possible, as not to be
dangerous to employees or shall be properly enclosed, fenced or
otherwise protected. A ll dangerous places in or about m ercantile
establishments, factories, m ills or workshops, near to w hich any
employee is obliged to pass, or to be employed shall, where prac
ticable, be properly enclosed, fenced or otherwise guarded. No
machine in any factory, m ercantile establishment, m ill or w ork
shop, shall be used when the same is known to be dangerously
defective, and no repairs shall be made to the active mechanism or
operative part o f any machine when the machine is in motion.
Removing
S ec. 2. No person shall remove or make ineffective any safe
guards.
guard required by this act, during the active use or operation o f
the guarded machine or device, except fo r the purpose o f immedi
ately making repairs thereto, and all such safeguards so removed
shall be prom ptly replaced.
Cut-offs.
S ec. 3. In every factory, mercantile establishment, m ill or w ork
shop, effective means shall be provided fo r im mediately discon
necting the power, so that in case o f need or accident, any par
ticular machine, group o f machines, room o r department, can be
prom ptly and effectively shut down.
Pulleys.
a. W here machines require to be started and stopped frequently,
they shall, whenever practicable, be provided w ith tight and loose
pulleys, clutch or other effective disengaging device. W hen pro
vided w ith tight and loose pulleys, the shifting o f the belt shall
be accom plished by the use o f a belt shifter, placed w ithin easy
reach o f the operator. W hen a clutch, or other disengaging device
is used, an effective means fo r throwing such device into or out
o f engagement shall be provided, and shall be placed w ithin easy
reach o f the operator.
Switches.
b. W here machines are direct connected w ith the prim e mover,
(electric motor, steam, gas or gasoline engine, or other source o f
p ow er), a switch, throttle, or other power controlling device shall
be furnished and shall be placed within easy reach o f the oper
ator, or his coworker.
Same.
C. W here machines are arranged in groups, room s or depart
ments, and pow er is supplied by a prime mover, located w ithin
the confines o f such group, room or department, a switch, throttle,
or other pow er controlling device shall be furnished, and shall be
placed w ithin easy reach o f the operators affected, so that all
shafting, transm itting machinery, and machines o f such group,
room or department, can be simultaneously shut down.
F riction
d. W here machines are arranged in groups, room s or depart
clutches.
ments, and are supplied by power through the use o f main or line
shafts, receiving pow er from some prime mover, located w ithout
' the group, room or department, the power receiving wheel o f such
main or line shaft, shall, wherever possible, be provided w ith a
friction clutch, or other effective power disengaging device, w ith
suitable means fo r operating the clutch, or pow er disengaging device,
and these means shall be placed w ithin the confines o f such group,
room or department, and w ithin easy reach o f the employees or
operatives affected, so that all machines, shafting and other trans
mission machinery w ithin such group, room or department, can
be simultaneously shut down. In addition to such safeguard,
communication, consisting o f speaking tubes, electric bells, electric
colored lights, or other approved and effective means, shall be
provided in all cases covered by this paragraph between each
such group, room or department, and the room in w hich the en
gineer, or prim e mover, is located, so that in case o f need or acci
dent, the m otive pow er o f such group, room or department can
be prom ptly stopped or controlled.
H o is tw a y s ,
g EC# 4 . A ll hoistways, hatchways, elevator w ells and wheel
guarded t0 be holes in factories, mercantile establishments, m ills or workshops,
*
*
shall be securely fenced, inclosed or otherwise safely protected,
LABOR LAW S— ILLINOIS— ACTS OF 1909,
547
and due diligence shall be used to keep all such means o f protec
tion closed, except when it is necessary to have the same open, in
order that the said hatchways, elevators or hoisting apparatus
may be used. A ll elevator cabs or cars, whether used for freight
or passengers, shall be provided w ith some device, whereby the
car or cab may be held in the event o f accident to the shipper
rope or hoisting machinery or controlling apparatus.
S ec. 5. I f any elevator, machine, electrical apparatus or sys- Defects to b e ;
tern o f wiring, or any part or parts thereof, in any factory, mer- remedied,
cantile establishment, m ill or workshop, are in an unsafe condi
tion, or are not properly guarded, where reasonable to guard the
same, the ow ner or lessee, or his agent, superintendent or other
person in charge thereof, shall, upon notice from the ch ief state
factory inspector, or the assistant ch ief state factory inspector,
remedy such unsafe condition within a reasonable time after re
ceiving such notice.
S ec. 6. No employee of any factory, mercantile establishment, Unskilled emmill or workshop, shall operate or tamper with any machine orPloyees*
appliance with which such employee is not familiar and which is
in no way connected with the regular and reasonable necessary
duties o f his employment, unless it be by and with the direct or
reasonably implied command, request, or direction o f the master
or representative or agent.
S ec . 7. The traversing carriage o f any self-acting machine must T r a v e r s in g ;
not be allow ed to run out within a distance o f eighteen (18 ) machinery,
inches from any fixed structure, not being part o f the machine,
i f the space over w hich it runs out is a space through w hich any
employee is liable to pass, whether in the course o f his employ
ment or otherwise.
S ec . 8. No em ployee shall take or be allow ed to take food into
Food not t o '
any room or apartment in any factory, m ercantile establishm ent,^ taken into*
mill or workshop, w here w hite lead, arsenic or other poisonous £fegaln ract0~
substances or injurious or noxious fumes, dusts or gases under
harm ful conditions are present, as the result o f the business con
ducted by such factories, m ercantile establishments, m ills or
workshops, and notice to this effect shall be posted in each room
or apartment. Em ployees shall not remain in any such room or
apartment during the time allow ed for meals, and suitable pro
vision shall be made and maintained by the employer, when
practicable, fo r enabling the employees to take their meals else
w here in such establishm ents: Provided, however, That this sec
tion shall not apply to such employees whose presence during meal
hours may be necessary fo r the proper conduct o f such business.
S ec . 9. Every person, firm or corporation em ploying fem ales in Seats for fe
nny factory, m ercantile establishment, m ill or w orkshop in this males.
State, shall provide a reasonable number o f suitable seats fo r the
use o f such fem ale employee [s ], and shall permit the use o f such
seats by them when they are not necessarily engaged in the active
duties fo r w hich they are employed, and shall perm it the use o f
such seats at all times when such use w ould not actually and
necessarily interfere w ith the proper discharge o f the duties o f
such employees, and where practicable, such seats shall be made
a permanent fixture and may be so constructed or adjusted that
when said seats are not in use, they w ill not obstruct such fem ale
employee, when engaged in the perform ance o f her duties.
S ec . 10. In every factory, m ercantile establishment, m ill or Temperature*workshop, where one or m ore persons are employed, a d eq u ate etc., of work
measures shall be taken fo r securing and maintaining a reason -rooms*
able, and as fa r as possible, equable temperature, consistent w ith
the reasonable requirements o f the m anufacturing process. No
unnecessary hum idity w hich would jeopardize the health o f em
ployees shall be permitted.
S ec . 11. In every room or apartment o f any factory, m ercantile Air space a n #
establishment, mill or workshop, where, one or more persons are ventilation,
employed, at least 500 cubic feet o f air space shall be provided fo r
each and every person employed therein, and fresh air, to the
20092— No. 85— 10----- 7
548
BULLETIN OF TH E BUREAU OF LABOR,
am ount specified in this act, shall be supplied in such a manner
as not to create injurious drafts, nor cause the temperature o f
any such room or apartment to fa ll m aterially below the average
tem perature m ain tained: Provided, W here lights are used which
do not consume oxygen, 250 cubic feet o f air space shall be
deemed sufficient. A ll room s or apartments o f any factory, mer
cantile establishment, m ill or workshop, having at least 2,000
cubic feet o f air space fo r each and every person em ployed in
each room or apartment, and having outside w indow s and doors
whose area is at least one-eighth o f the total floor area, shall not
be required to have artificial means o f ventilation; but all such
room s or apartments shall be properly aired before beginning
w ork fo r the day and during the meal hours. A ll such rooms, or
apartments, having less than 2,000 cubic feet o f air space, but
more than 500 cubic feet o f air space, fo r each and every person
employed therein, and w hich have outside windows, and doors
whose area is at least one-eighth o f the floor area, shall be pro
vided w ith artificial means o f ventilation, w hich shall be in
operation when the outside tem perature requires the w indows to
be kept closed, and w hich shall supply during each w orking hour
at least 1,500 cubic feet o f fresh air fo r each and every person
em ployed therein. A ll such rooms or apartments, having less
than 500 cubic feet o f air space fo r each and every person em
ployed therein, all room s or apartments having no outside win
dow s or doors, and all rooms or apartments having less than 2,000
cubic feet o f air space fo r each and every person employed therein,
and in w hich the outside w indow and door area is less than oneeighth o f the floor area, shall be provided w ith artificial means
o f ventilation, w hich w ill supply during each w orking hour
throughout the year, a t least 1,800 cubic feet o f fresh air fo r each
and every person em ployed th erein : Provided, T h at the provisions
o f the preceding portions o f this section shall not apply to storage
room s or v a u lts: And provided further , That the preceding portions
o f this section shall n ot apply to those room s o r apartments in which
m anufacturing processes are carried on w hich from their peculiar
nature would be m aterially interfered w ith by the provisions o f
this section. No part o f the fresh air supply required by this sec
tion shall be taken from any cellar or basement.
The follow in g terms o f this section shall be interpreted to
m ean: The air space available fo r each person is the total inte
rior volum e o f a room, expressed in cubic feet, w ithout any deduc
tions fo r machinery contained therein, divided by the average
number o f persons em ployed therein.
Outside w indows and doors are those connecting directly with
the outside a i r ; the w indow and door area is the total area o f the
windows and doors o f all outside openings; and the floor area is
the total floor area o f each room.
Ventilation.
S ec . 12. A ll factories, m ercantile establishments, m ills or w ork
shops shall be kept free from gas or effluvia arising from any
sewer, drain, privy or other nuisance on the premises. A ll poison
ous or noxious fum es or gases arising from any process, and all
dust o f a character injurious to the health o f the persons
employed, which is created in the course o f a m anufacturing proc
ess, w ithin such factory, m ill or workshop, shall be removed, as
fa r as practicable, by either ventilating or exhaust devices.
Rooms to be S ec . 13. A ll decomposed, fetid or putrescent matter, and allcleaned daily. refuse, waste and sweepings o f any factory, mercantile establish
ment, mill or w orkshop, shall be removed and disposed of, at
least once each day, and in such a manner as not to cause a nui
sance; and all cleaning shall be done, as fa r as possible, outside o f
w orking h ours; but i f done during w orking hours, shall be done
in such a manner as to avoid the unnecessary raising o f dust or
noxious odors. In every factory, m ill or workshop, in w hich any
process is carried on w hich makes the floors wet, the floor shall
be constructed and maintained w ith due regard to the health
o f employees, and gratings or dry- standing room s shall be pro
vided i f practicable, at points where employees are regularly
LABOR LAW S— ILLINOIS— ACTS OF 1909.
549
stationed, and adequate means shall be provided for drainage, and
fo r preventing seepage or leakage to the floors below.
S ec . 14. In all factories, mercantile establishments, mills or
Fire escapes.
workshops, sufficient and reasonable means o f escape in case o f
fire shall be provided, by more than one means o f egress, and such
means o f escape shall at all times be kept free from any obstruc
tion and shall be kept in good repair and ready for use, and shall
be plainly marked as such.
S ec. 15. A ll doors used by employees as entrances to or exits
Doors.
from any factory, m ercantile establishment, m ill or workshop, o f
a height o f tw o stories or over, shall open outward, slide or roll,
and shall be so constructed as to be easily and immediately
opened from w ithin in case o f fire or other emergency.
Stairways.
S ec . 16. Proper and substantial hand rails shall be provided on
all stairw ays in factories, mercantile establishments, m ills or
workshops, and the treads on all stairw ays shall be so constructed
as to furnish a firm and safe foothold.
S ec . 17. In all factories, m ercantile establishments, mills or L i g h t s in
workshops, a proper light shall be kept burning by the owner or hallways, etc.
lessee in all main passageways, main hallways, at all main stairs,
main stair landings and shafts, and in fron t o f all passenger or
freigh t elevators, upon the entrance floors and upon the other
floors, on every w ork day o f the year, from the -time that the
building is opened fo r use until the tim e when the influx o f
natural light shall make artificial light unnecessary: Provided,
That when tw o or more tenants occupy different floors in one
building, such elevator shafts need be lighted only on the floors
occupied and used by employees.
S ec . 18. No floor space or any w ork room in any factory, mer O verloading
cantile establishment, m ill or workshop, shall be so overloaded floors.
w ith machinery or other material as thereby to cause serious
risk to or endanger the life or limb o f any employee, nor shall
there be permitted in any such establishment a load in excess o f
the safe sustaining pow er o f the floors and w alls thereof.
S ec . 19. In all factories, m ercantile establishments, m ills or
Passageways
workshops, machines must not be placed so closely together as to b e tw e e n ma
chinery.
be a serious menace to those that have to pass between them.
Passagew ays must be o f ample w ith [w idth ] and head room and
must be kept well-lighted and free from obstructions.
Water - clos
Sec. 20. Every factory, m ercantile establishment, m ill or w ork
shop shall be provided w ith a sufficient number o f water-closets, ets.
earth closets or privies, within reasonable access o f the persons
employed therein, and such water-closets, earth closets or privies
shall be supplied in the proportion o f at least one (1 ) to every
thirty (30) male persons and one (1 ) to every twenty-five (25)
fem ale persons; and whenever both male and fem ale persons are
employed, said water-closets and privies shall be provided separate
and apart for the use o f each sex, and plainly marked by w hich
sex they are to be u se d ; and no person or persons shall be allow ed
to use the closets or privies assigned to the opposite s e x ; and such
water-closets or privies shall be constructed in an approved man
ner and properly enclosed, and at all times kept in a clean and
sanitary condition. The closets or privies, where practicable,
shall be located so that they shall have direct ventilation w ith the
outside a ir ; where it is im practicable to locate the closet[s] or
privies so as to have direct ventilation w ith the outside air, they
shall be placed in an enclosure, and every such closet or privy,
shall be properly and effectively disinfected and separately venti
lated, and shall be properly lighted by artificial light, except when
the influx o f natural light makes artificial light unnecessary:
Provided, That nothing in this section shall be construed to pre
vent any city, town or village, by appropriate ordinance or regula
tion, from prohibiting the construction, use or maintenance in
such city, town or village, o f any kind o f earth closets, or privies,
which may be considered a nuisance or detrim ental to the public
health.
550
BULLETIN OF TH E BUREAU OF LABOR,
S ec. 21. In all factories, m ercantile establishments, mills or
workshops, adequate w ashing facilities shall be provided fo r the
employees, w here necessary, and in such case in all factories, mills
and w orkshops not less than one spigot, basin or receptacle shall
be provided fo r each thirty (30 ) employees, and in m ercantile
establishments, not less than one spigot, basin or receptacle shall
be provided fo r each fifty (50) employees. W here the labor per
form ed by the employee is o f such a character as to make cus
tom ary or necessary a change o f clothing by the employees, there
shall bq provided sanitary and suitable dressing room or rooms,
and both such dressing room s and washing facilities shall be sepa
rately m aintained fo r each s e x : Provided , That nothing in this act
shall be construed as abrogating or repealing any provision o f
section 5 o f an act entitled “ An act to provide fo r the licensing
o f plumbers, and to supervise and inspect plumbing,” approved
June 10, 1897, and in force July 1, 1897, or the provisions o f any
local ordinance or regulation o f any city, town or village, requiring
approved and sufficient methods o f sanitation, light, heat, drain
age or ventilation o f an equal or superior standard to that re
quired in this act.
Duty of emS ec. 22. It shall be the duty o f every person, firm or corporation
ployers, etc.
the provisions o f this act may apply, to carry out the
same, and make all the changes and additions necessary therefor,
and in every w ay to com ply w ith all the provisions o f this act, and
it shall be the duty o f the ow ner o f the building in w hich is lo
cated any such factory, m ercantile establishment, m ill or w ork
shop, to permit any alterations or additions to such building as
may be necessary to com ply w ith the provisions o f this act.
C h a n g e s to
S ec . 23. W henever, by the provisions o f this act, it is made the
he made.
duty o f any person, firm or corporation within this State, to make
or install any alterations, additions or changes, the same shall
be made and installed in conform ity w ith the provisions o f this
act, and completed w ithin a reasonable time a fter notification by
the ch ief state factory inspector or his deputy.
R ep orts of
S ec . 24. It shall be the duty o f the owner or lessee, or super
accidents.
intendent or person in charge o f any factory, m ercantile establish
ment, m ill or w orkshop in this State, to send to the ch ief state
factory inspector, in w riting, an immediate report o f all acci
dents or injuries resulting in death. It shall also be the duty o f
the person in charge o f such factory, mercantile establishment,
m ill or workshop, to report between the 15th and 25th o f each
month, all accidents or injuries occurring during the previous
calendar month, w hich entailed a loss to the person injured o f
fifteen (15) consecutive days’ time or more. A ll reports shall
state the cause and character o f the injury, character o f employ
ment and the age and sex o f the person injured. N o statement
contained in any such report shall be admissible in evidence in any
action arising out o f the death or accident therein rep orted : Pro
vided, That any such employer who shall make the reports o f
accidents, required by this act, shatl n ot be required to make such
reports to any other state officer, board or commission.
Enforcement.
S ec . 25. It shall be the duty o f the ch ief state factory inspector,
and o f the assistant ch ief state factory inspector, and deputy fa c
tory inspectors, under the direction and supervision o f the chief
state factory inspector, to enforce the provisions o f this act, and
to prosecute all violations o f the same before any magistrate or
any court o f competent jurisdiction in this State, and fo r that
purpose they and each o f them are hereby empowered to visit
and inspect, at all reasonable times, all such factories, m ercantile
establishments, m ills and w orkshops in this S ta te: Provided, That
whenever any secret process is used in any factory, mercantile
establishment, mill or workshop, the owner shall, whenever asked
by the ch ief state factory inspector or the assistant ch ief state
fa ctory inspector, file w ith him an affidavit that the ow ner has in
all respects com plied w ith the provisions o f this act, and such
Wash rooms.
551
LABOR LAW S---- ILLINOIS---- ACTS OF 1909,
affidavit shall be accepted in lieu of inspection of any room or
apartment in which such secret process is carried on.
Notices.
In enforcem ent o f the provisions o f this act, the ch ief state
factory inspector, and the assistant ch ief state factory inspector,
and the deputy factory inspectors, under the direction and super
vision o f the ch ief state factory inspector, shall give proper notice
in regard to any violation o f this act to the persons owning, operat
ing or managing any such factory, mercantile establishment, m ill
or workshop. Such notice shall be written or printed and signed
officially by the ch ief state factory inspector, or the assistant chief
state factory inspector, and said notice may be served by deliver
ing the same to the person upon whom service is to be had, or by
leaving at his usual place o f abode, or business, an exact copy
thereof, or by sending a copy thereof to such person by mail.
When general changes relative to the location and spacing o f
machinery or to ventilation have been made and such changes
com ply w ith the provisions o f this act, such arrangements, condi
tions remaining the same, shall not be disturbed by any require
ment o f the ch ief state factory inspector or his deputies within
the period o f tw elve (12) months.
S ec. 26. Any person, firm or corporation who shall, or any agent,
Violations.
manager or superintendent of any person, firm or corporation,
who, for him self or for such person, firm or corporation, shall
violate any o f the provisions o f this act, or who omits or fails to
comply with any o f the foregoing requirements of this act, or
who disregards any notice of the chief state factory inspector, or
o f the assistant chief state factory inspector, when said notice is
given in accordance with the provisions of this a c t; or who ob
structs or interferes with any examination or investigation being
made by a state factory inspector, under this act, or any employee
in any such factory, mercantile establishment, mill or workshop
who shall remove or interfere with any guard or protective or
sanitary device, required by the provisions of this act, except as
hereinbefore provided, or who shall violate any o f the other pro
visions o f this act, shall be deemed guilty o f a misdemeanor, and
on conviction thereof, shall be punished for the first offense by a
fine o f not less than ten dollars ($10) nor more than fifty [dollars]
($50) ; and upon conviction of the second or subsequent offense,
shall be fined not less than twenty-five [dollars] ($25) nor more
than two hundred dollars ($200) ; and in each case shall stand
committed until such fine and costs are paid unless otherwise dis
charged by due process o f law.
S ec. 27. W henever any inspection o f machinery, ways, means,
City
ordi
instruments or appliances in, on, about or connected w ith any fa c nances.
tory, mill, m ercantile establishment or workshop is required to be
made by the ordinances o f any city, town or village o f a standard
equal to that o f this act and the inspection required by such ordi
nances has been made, then and in every such case such inspection
shall be accepted by the ch ief state factory inspector, the assistant
ch ief state fa ctory inspector and the deputy factory inspectors as
a com pliance in that respect w ith the provisions o f this a c t ; and it
shall be the duty o f the person fo r whom such inspection has been
made to furnish the ch ief state factory inspector, or his assistant
or deputies, w ith a copy o f the report o f inspection made under
such ordinances.
Establish
S ec. 28. The provisions o f this act relating to sanitation and
under
ventilation shall not be held to apply to such room s or apartments ments
federal super
o f any factory, mercantile establishment, mill or workshop, which vision.
are being operated under the supervision o f the Federal Govern
ment, by virtue o f an act o f Congress entitled, “ An act making
appropriations fo r the Department o f Agriculture fo r the fiscal
year ending June thirtieth, nineteen hundred and seven,” approved
June 30, 1906, or any amendment th ereof; nor shall any other o f
the provisions o f this act so apply respecting matters and condi
tions over which the Federal Government now exercises or shall
hereafter exercise jurisdiction.
552
BULLETIN OF TH E BUREAU OF LABOR.
Definitions.
Sec. 29. The follow in g terms used in this act shall have the fo l
low ing meaning*: The term “ fa ctory ” means any premises wherein
electricity, steam, water o r other m echanical pow er is used to
move or w ork any machinery em ployed in preparing, m anufactur
ing or finishing, or any process incident to the m anufacturing o f
any article or part o f any a r ticle ; o r the altering, repairing, orna
menting o r the adapting fo r sale o f any article. The term “ m ill
or workshop ” shall include any premises, room or apartment not
being a factory as above defined, wherein any labor is exercised
by w ay o f trade or fo r the purpose o f gain in or incidental to any
process o f making, altering, preparing, cleaning, repairing, orna
menting, finishing or adapting fo r sale any article or part o f any
article, and to w hich or over w hich building, premises, room or
apartment, the employer o f the person employed or w orking
therein has the right o f access or c o n tro l: Provided , however, That
a private house or private room in w hich manual o r other labor
is perform ed by a fam ily dw elling therein, or by any o f them fo r
the exclusive use o f the members o f such fam ily is not a factory,
m ill or workshop, w ithin this definition. The term “ mercantile
establishment ” shall include all concerns o r places w here goods,
w a refs] or merchandise are purchased or sold, either at wholesale
or retail.
Law to be Sec. 30. Copies o f this a ct shall be printed in English and such
printed.
other languages as may be necessary to dissem inate a general
knowledge o f the provisions herein set forth and shall be supplied
by the ch ief state factory inspector on application.
Notice to be
S ec. 31. For the purpose o f dissem inating a general knowledge
posted.
0f the provisions o f this act am ong employees, the ch ief state
fa ctory inspector shall have prepared a notice covering the salient
features o f this act, w hich may be in the follow in g fo r m :
NOTICE TO OWNERS AND EMPLOYEES OF MERCANTILE ESTABLISHM ENTS,
FACTORIES, M ILLS AND W ORKSHOPS.
T h is notice must be posted in a conspicuous place, in every office
and workroom o f this establishment. The object o f this notice is
to prom ote the health, com fort and safety o f employees, and re
quires their attention and cooperation.
1. A ll machinery when in operation is dangerous, and should be
considered so by the operator. I t should he so protected as to
offer the least possible chance fo r in ju ry to those who operate it.
2. All machinery must be daily inspected by the operator, and
upon discovery o f any defects, notice o f the same shall be given
at once to anyone in authority, and the machine not used until
repaired.
3. A ll set screw s or other dangerous projections on revolving
m achinery shall be countersunk or otherwise guarded when
possible.
4. Means shall be provided and placed w ithin convenient reach
fo r promptly stopping any machine, group o f machines, shafting or
other pow er transm itting machinery.
5. M achines must not be placed so closely together as to be a
serious menace to those w ho have to pass between them. Passage
w ays must be o f am ple w idth and head room, and must be kept
w ell lighted and free from obstructions.
0. A ll hatchways, elevator w ells or other openings in floors shall
be properly enclosed or guarded.
7. The premises must be kept in a clean and sanitary condition.
8. Am ple and separate toilet facilities for each sex shall he
provided, and toilet room s must be kept clean, well ventilated and
w ell lighted.
9. Food must not he taken into any workroom w here w hite
lead, arsenic or other poisonous substances or gases are present
under harm ful conditions.
30. Proper and sufficient means o f escape, in case o f fire, shall be
provided, and shall be kept free from obstructions.
LABOR LAW S— ILLINOIS— ACTS OF 1909,
553
11. Poisonous and noxious fumes or gases, and dust injurious
to health, arising from any process, shall be removed, as fa r as
practicable.
12. A ll employees are strictly prohibited from attem pting to
operate, experiment or tamper w ith machines o r appliances w ith
w hich they are not fam iliar and w hich are in no w ay connected
w ith their regular duties. A ll employees are prohibited from
jum ping on o r o ff m oving cars, elevators, machines or appliances
not under their im mediate charge or control. A ll employees are
prohibited from carrying to their place o f w ork acids, chemicals
o r explosives o f any kind w hich are liable to endanger life or
property.
13. Reports must be sent to the office o f the state factory in
spector, a s provided by law, and immediate notice o f the death o f
any em ployee resulting from accident or injuries must be sent to
the same office.
The notice shall be printed on cardboard o f suitable character,
and the type used shall be such as to make it easily legible. In
addition to English, this notice shall be printed in such other
languages as may be necessary to make it intelligible to employees.
Copies shall be supplied by the chief state factory inspector on
application, and must be posted in a conspicuous place in every
office and w orkroom o f every establishment covered by the pro
visions o f this a c t
S ec . 32. This act shall take effect and be in force on and after
January 1, 1910.
Approved June 4, 1909.
Hours of labor of female employees.
(Page 212.)
S ection 1. No fem ale shall be employed in any mechanical esTen hours a
tablishment or factory or laundry in this State, m ore than ten day’s work,
hours during any one day. The hours o f w ork may be so arranged
a s to permit the employment o f females at any time so that they
shall not w ork more than ten hours during the tw enty-four hours
o f any day.
S ec. 2. Any employer w ho shall require any fem ale to w ork in
violation,
any o f the places mentioned in section 1 o f this act, m ore than
the number o f hours provided fo r in this act, during any day o f
tw enty-four hours, or who shall fail, neglect or refuse so to ar
range the w ork o f fem ales in his employ that they shall not w ork
m ore than the number o f hours provided fo r in this act, during
any one day, or who shall permit or suffer any overseer, superin
tendent or other agent o f any such employer to violate any o f the
provisions o f this act, shall be guilty o f a misdemeanor and upon
conviction thereof, shall be fined for each offense in a sum o f not
less than $25 or more than $100.
S ec. 3. The state department o f factory inspection shall be Enforcement,
charged w ith the duty o f enforcing the provisions o f this act and
prosecuting all violations thereof.
Approved June 15, 1909.
Private employment offices.
(Page 213.)
S ection 1. No person shall open, keep or carry on any employ* L ic e n s e rement agency in the State o f Illinois unless every such person shall Quire<iprocure a license therefor from the state board o f commissioners
o f labor. Any person who shall open or conduct any such agency
w ithout first procuring such license shall be guilty o f a misde
meanor and shall be punishable by a fine o f not less than fifty
dollars ($50) and not exceeding tw o hundred and fifty dollars
($250), or on failure to pay such fine, by imprisonment fo r a
period not exceeding six months, or both, at the discretion o f the
554
Fee.
Place.
Term.
Bonds.
Registers.
BULLETIN OF TH E BUREAU OF LABOR,
court. Such license shall be granted upon the payment to said
state board o f commissioners o f labor, annually, o f a fee o f fifty
dollars ($50) in cities o f fifty thousand (50,000) population and
over, and a fee o f twenty-five dollars ($25) annually, in all cities
containing less than fifty thousand (50,000) population.
E very license shall contain the name o f the person licensed, a
designation o f the city, street and number o f the house in w hich
the person licensed is authorized to carry on the said employm ent
agency, and the number and date o f such license. Such license
shall not be valid to protect any place other than that designated
in the license unless consent is first obtained from the state board
o f commissioners o f labor, or the ch ief inspector o f employment
agencies and until the written consent o f the surety or sureties on
the bond required to be filed by section 2 o f this act to such
transfer, be filed w ith the original bond. No such agency shall
be located on premises w here intoxicating liquors are sold, except
in g cafes and restaurants in office buildings. The application for
such license shall be filed w ith the state board o f commissioners
o f labor not less than one week prior to the granting o f said license
and the state board o f labor commissioners shall act upon such
application w ithin thirty (80) days from the time o f application.
Such application shall be accompanied by the affidavits o f tw o
persons w ho have known the applicant or the ch ief officer thereof,
i f a corporation, fo r tw o years, stating that the said applicant is
a person o f good m oral character. The license shall run fo r one
year from the date thereof and no longer, unless sooner revoked
by the state board o f commissioners o f labor. Such application
shall be posted in the office o f the state board o f commissioners o f
labor or in the office o f the ch ief inspector o f private employment
agencies, from the date o f filing thereof, and until such applica
tion is acted u p on ; and before any license shall be granted, notice
o f such application shall be published on three (3 ) distinct days
by the state board o f labor commissioners in some daily newspaper
o f general circulation throughout the county w ithin w hich the
applicant desires to locate such agency.
S e c . 2. The state board o f commissioners o f labor shall require
such person to file w ith his application fo r a license a bond in due
form to the people o f the State o f Illinois, fo r the penal sum o f
five hundred dollars ($500), w ith one or m ore sureties, to be ap
proved by the said state board o f commissioners o f labor, and con
ditioned that the obligor w ill conform to and not violate any o f
the duties, terms, conditions, provisions or requirements o f this
act. I f any person shall be aggrieved by the m isconduct o f any
such licensed person, such person may maintain an action in his
ow n name upon the bond o f said employment agency, in any court
having jurisdiction o f the am ount claimed. A ll such claim s shall
be assignable, and the assignee thereof shall be entitled to the
same remedies upon the bond o f such licensed person, or otherwise,
as the person aggrieved w ould have been entitled to, i f such claim
had not been assigned. Any claim or claipis so assigned may be
enforced in the name o f such assignee. Any remedies given by
this section shall not be exclusive o f any other remedy which
w ould otherwise exist.
Sec. 3. It shall be the duty o f every such licensed person to keep
a register, in w hich shall be entered in the English language the
date o f every accepted application fo r employment, name and ad
dress o f the applicant to whom employment is offered or prom
ised, w ritten name and address o f the person to whom applicant
is sent fo r employment and amount o f the fee received. Such
licensed person shall also enter, in a separate register, in the Eng
lish language, the name and address o f every accepted applicant
fo r help, the date o f such application, the kind o f help requested,
the names o f the persons sent, w ith the designation o f the one em
ployed, the amount o f the fee received and the rate o f w ages
agreed upon. The aforesaid register o f applicants fo r employment
and fo r help shall be open during office hours to inspection by the
LABOR LAW S— ILLINOIS— ACTS OF 1909,
555
state board o f commissioners o f labor, their duly qualified agents,
and the officers created by this act.
No such licensed person, or his employees, shall knowingly make Badges.
any false entries in such register. It shall be the duty o f such
licensed persons who employ agents or solicitors to provide each
o f the said employees w ith a suitable badge, containing said
licensed person’s name, and address o f such agency and number o f
such license, and shall file w ith the state board o f commissioners
o f labor the name o f each such employee.
S ec. 4. A registration fee not to exceed tw o dollars ($2.00) may
Fees.
be charged by such licensed agency when such agency shall be
at actual expense in advertising such individual applicant, or in
looking up the references o f said applicant. In all such cases a
complete record o f such references shall be kept on file, w hich
record shall, during all business hours, be open fo r the inspection
o f the said state board o f commissioners o f labor, the ch ief in
spector o f employment agencies or his assistants. F or such regis Receipt.
tration fee a receipt shall be given to said applicant fo r help or
employment, giving name o f such applicant, date o f payment and
character o f position or help applied for. Said registration fee Return of fee.
shall be returned to said applicants on demand, after thirty (30)
days and w ithin sixty (GO) days from date o f receipt, less the
am ount that has been actually expended by said licensed agency
fo r said applicant, and’ an itemized account o f such expenditures
shall be presented to said applicant on request at the time o f re
turning the unused portion o f such registration fee, provided no
position has been furnished by said licensed agency to said appli
cant.
No licensed person or persons shall, as a condition to registering A d d i t i o n a l
or obtaining employment fo r such applicant, require such appli fees, etc.
cant to subscribe to any publication or exact any other fees, com
pensation or reward, other than the registration fee aforesaid,
and a further fee, the am ount o f w hich shall be agreed upon be
tween such applicant and such licensed person, to be payable at
such time as may be agreed upon in writing, but the further fee
aforesaid shall not be received by such licensed person before the
applicant has been tendered a position by said licensed person.
In the event the position so tendered is not accepted by or given
such applicant, said licensed person shall refund all fees requested
by said applicant, other than the registration fees aforesaid
w ithin three (3 ) days after demand is made therefor. No such
licensed person shall send out any applicant fo r employm ent w ith
out having obtained a bona fide order therefor, and i f it shall
appear that no employment o f the kind applied fo r existed at the
place where said applicant w as directed, said licensed party
shall refund to such applicant within five (5 ) days after demand,
any sum paid by said applicant fo r transportation in going to and
returning from said place and all fees paid by said applicant.
In addition to the receipt herein provided to be given fo r regis Receipts.
tration fees, it shall be the duty o f such licensed person to give,
to every applicant fo r employment from whom other fee or fees
shall be received, an additional receipt, in which shall be stated
the name o f such applicant, the date and am ount o f such other
fe e s ; and to every applicant fo r help from w hom other fee or
fees shall be received, an additional receipt, stating the name and
address o f said applicant, the date and am ount o f such other fee
or fees, and the kind o f help to be provided. A ll receipts shall
have printed on the back thereof, in the English language, the
name and address o f the state board o f commissioners o f labor
and the ch ief inspector o f employment agencies.
Every such licensed person shall give to every applicant fo r
employment, a card or printed paper containing the name o f the
applicant, the name and address o f such employment agency, and
the written name and address o f the person to whom the applicant
is sent for employment. I f an employee furnished fails to remain R e t u r n of
one week in a situation, through no fau lt o f the employer, a new fees.
556
B U L L E T IN OF T H E BU REA U OF LABOR,
employee shall be furnished to the applicant for help, if he so
elects, or three-fifths (§ ) o f all fees paid returned w ithin fou r (4 )
days after dem an d: Provided , Said applicant fo r help notifies said
licensed person w ithin three (3 ) days o f the failure o f the appli
cant to accept the position or the applicant’s discharge fo r cause.
I f the employee is discharged w ithin one week w ithout said em
ployee’s fault, another position shall be furnished, or three-fifths
(| ) o f all fees paid returned to the applicant fo r employment.
Laws to be
Every such person shall post in a conspicuous place in each
posted.
room o f such agency, sections three (3 ), fou r (4 ) and five (5 )
o f this act, w hich shall be printed in languages w hich persons
commonly doing business w ith such agency can understand. Such
printed matter shall also contain the name and address o f the
state board o f labor commissioners and the ch ief inspector o f
employment agencies, and shall be furnished by the state board o f
labor commissioners.
Accepting
S ec . 5. No such licensed person shall solicit or receive any fees,
p a y to with- compensation or reward from any employer, in payment fo r such
hold services. pergon’s refusal to register or obtain employment fo r any appliLabor s e n t cant fo r employment. W henever such licensed person, or any
outside city.
other acting fo r him, agrees to send one or more persons to w ork
as contract or railroad laborers, in any place outside the city in
w hich such agency is located, the said licensed person shall give
each o f such laborers, in a language w ith w hich such laborers are
fam iliar, a statement containing the follow in g item s: Name and
address o f the employer, name and nature o f the w ork to be per
formed, wages offered, destination o f the person employed, terms
o f transportation and probable duration o f em ploym ent; and a
duplicate o f such statement shall be kept on file in the office o f
the licensed person sending out such laborers,
immoral reS ec . 6 . No such licensed person shall send, or cause to be sent,
sorts.
£fny fem ale help or servants, or inmate or perform er, to enter any
questionable place or place o f bad repute, house o f ill fame, or
assignation house, or to any house or place o f amusement kept for
im moral purposes, or place resorted to for the purpose o f prostitu
tion, or gambling house, the character o f w hich such licensed per
son knows, either actually or by reputation.
No such licensed person shall knowingly perm it questionable
characters, prostitutes, gamblers, intoxicated persons, or procurers
Children.
to frequent such agency. No such licensed person shall accept any
application fo r employment made by or on behalf o f any child, or
shall place or assist in placing any such child in any employment
whatever, in violation o f the child labor law, approved M ay 15,
1903, and in force July 1, 1903, and an act to regulate the employ
ment o f children, approved June 9, 1897, and in force July 1, 1897.
F or the violation o f any o f the provisions o f this section, the pen
alty shall be a fine o f not less than fifty dollars ($50) and not
m ore than tw o hundred dollars ($200), or imprisonment in the
county ja il or house o f correction for a period o f not more than
one year, or both, a t the discretion o f the court, in addition to the
F r a u d u l e n t revocation o f such person’s license. No such licensed person shall
notices.
publish or cause to be published any fraudulent notice or adver
tisements o f such employment agencies by means o f cards, circu
lars or signs, and in newspapers and other publications; and all
o f its letter heads, receipts and blanks shall contain the name and
address o f such employment agency, and shall state in all such
notices the fact that such licensed person is or conducts an em
ployment agency. No agency shall print, publish or paint on any
sign, window, or insert in any newspaper or publication a name
sim ilar to that o f the Illinois free employment office. A ll w ritten
com munications sent out by such licensed person, directly or indi
rectly, to any person in regard to help or employment, shall have
contained therein definite inform ation, that such person is an em
ployment a g en t; and no such licensed person shall knowingly give
any false inform ation or make any false promise concerning em
ployment to any applicant w ho shall register fo r employment or
LABOR LAWS— ILLINOIS— ACTS OF 1909.
557
kelp. No such licensed agent shall divide fees w ith or pay a com Dividing fees.
m ission to any person to whom applicants are sent fo r employm ent
or help.
Definitions.
S ec. 7. A ny person, firm or corporation, who for hire or w ith
a view to profit, shall undertake to secure employment or help,
o r through the medium o f a card, circular, pamphlet or any
medium whatsoever, or through the display o f a sign or bulletin,
offer to secure employm ent or help, or give inform ation as to
w here employment or help m ay be secured, shall be deemed a pri
vate employm ent agency and be subject to the provisions o f this
act, provided that charitable institutions are not included. The
term fee, as used in this act, means money or a promise to pay
money. The term fee also means and includes the excess o f
money received by an y such licensed person over w hat he has paid
fo r transportation, transfer o f baggage, o r lodging fo r any appli
can t fo r employment. The term fee, as used in this act, also
means and includes the difference between the amount o f money
received by any person w ho furnishes employees or perform ers fo r
any entertainment, exhibition or perform ance, and the am ount
paid by the said person to the employees or perform ers w hom he
h ires to give such entertainments, exhibition or perform ance. T he
term privilege, as used in this act, means and includes the furnish
ing o f food, supplies, tools o r shelter to contract laborers, com
m only known a s com m issary privileges.
S ec. 8 . The enforcement o f this act shall be entrusted to the Enforcement.
state board o f commissioners o f labor, and an officer to be known
as the ch ief inspector o f private employment agencies, w hich offi Chief inspect
cer shall be recommended by the state board o f commissioners o f or o f agencies.
labor and appointed by the governor o f the State and whose term
o f office shall be fo r the period o f the incumbency o f the governor
appointing him, or until his successor is appointed. H e may ap Assistants.
point by and w ith the approval o f the governor one (1 ) inspector
fo r every fifty (50) licensed agencies or m ajor fraction thereof,
w ho shall make at least bimonthly visits to every such agency.
Said inspectors shall have a suitable badge w hich they shall ex
h ibit on demand o f any person w ith whom they may have official
business. Such inspectors shall see that all the provisions o f this
a ct are com plied with, and shall have no other occupation o r busi
ness. Complaints against any such licensed person may be made Complaints.
ora lly or in w riting to the state board o f labor com m issioners o r
to the ch ief inspector o f private employment agencies, and rea
sonable notice thereof, not less than one (1 ) day, shall be given
in w riting to said licensed person b y serving upon him concise
statement o f the facts constituting the complaint, and the hearing
shall be had before the state board o f labor commissioners or the
ch ief inspector o f private employment agencies as the state board
aforesa id shall designate, w ithin one week from the date o f the
filing o f the com plaint and no adjournm ent shall be taken fo r a
period longer than one (1 ) week. Reasonable notice o f the place
o f hearing o f any com plaint shall be given to such licensed person
complained against. A calendar o f all hearings shall be kept by
the state board o f labor commissioners o f the com plaints they are
to hear, and by the ch ief inspector o f those he is to hear, and shall
be posted in a conspicuous place in its or his public office fo r at
least one <1) da y before the date o f such hearing. The result o f
such hearings shall be rendered within eight (8 ) days from the
Withholding
tim e the matter is finally submitted. T h e said state board o f com
revoking li
m issioners o f labor may refuse to issue and may revoke any license or
censes.
fo r any good cause shown w ithin the meaning and purpose o f this
act, and. when it is shown to the satisfaction o f the said board o f
commissioners o f labor that any person is guilty o f any immoral,
fraudulent or illegal conduct in connection w ith the conduct o f
said business, it shall be the duty o f said state board o f com m is
sioners o f labor to revoke the license o f such person, but notice
o f such charges shall be presented and reasonable opportunity
shall be given said licensed person to defend him self in the man-
558
B U L L E T IN OF T H E BU REA U OF LABOR,
ner and form h eretofore provided in this section o f the act.
W henever said board o f commissioners o f labor shall refuse to
issue or shall revoke the license o f any such employment agency
said determination shall be subject to review on w rit o f certiorari.
W henever fo r any cause license is revoked said revocation shall
not take effect until seven (7 ) days after such revocation is
pfficially announced, and such revocation shall be considered good
cause fo r refusing to issue another license to said person or his
representative, or to any person w ith whom be is to be associated
Violations, in the business o f furnishing employm ent or help. The violation o f
any provision o f this act except as provided in section [s] one (1 )
and six (6 ) shall be punishable by a fine not to exceed twentyfive dollars ($2 5), and any city magistrate, ju dge o f a m unicipal
court, police justice, ju stice o f the peace or any in ferior magis
trate having original jurisdiction in crim inal cases, shall have
power to im pose said fine, and in default o f payment th ereof to
commit to the county ja il or house o f correction the person so
offending fo r a period not exceeding thirty (30) days. The said
state board o f labor commissioners or the ch ief inspector o f em
ployment agencies or any o f the inspectors created by this act,
may institute crim inal proceedings fo r its enforcem ent before any
court o f competent jurisdiction. The state board o f commis
sioners o f labor shall employ legal advice or services whenever in
its opinion such advice or services are necessary in or to the
enforcement o f this act.
soectorsS ° f in
S ec. 9. The ch ief inspector o f private employm ent agencies and
p
*
all the inspectors created by this act shall have fu ll pow er to
execute and serve all w arrants and process [es] o f law issued by
any ju stice o f the peace or police magistrate, or by any court
having jurisdiction under the law relating to employment agencies
in the same manner as any constable or police officer, may serve
and execute such processes, or may arrest on view and w ithout
w arrant, any unlicensed person detected by them actually vio
lating any o f the provisions o f this act and may take such person
so offending before any court having ju risdiction o f the offense,
and make proper com plaint before such court w hich shall proceed
w ith the case in the manner and form provided by law.
Bond.
S ec . 10. * * * Said ch ief inspector shall furnish a bond pay
able to the State o f Illinois, in the sum o f five thousand dollars
($5,000) said bond to be approved by the governor and filed w ith
the secretary o f the state. * * *
Construction.
Repeal.
Sec. 11. Should one or more of the provisions o f this act be held
invalid, such invalidity shall in no manner affect any of the valid
provisions hereof.
Sec. 12. Sections 9, 10 and 11 o f an act relating to employment
offices and agencies approved M ay 11, 1903 [chapter 48, secs. 61,
62, and 63, Rev. St. o f 1905], and all acts and parts o f acts incon
sistent herewith are hereby repealed.
Approved June 15, 1909.
Examination, etc., of coal miners.
(Page 284.)
Section 1. An act entitled “ An act to provide fo r the safety o f
persons employed in and about coal mines, and to provide fo r the
examination o f persons seeking employment as coal miners, and
to prevent the employment o f incompetent persons as miners, and
provide [providing] penalties fo r the violation o f the same,” ap
proved June 1, 1908, and in force July 1, 1908, is hereby amended
to read as follow s:
C ertificates
Section 1. H ereafter no person whosoever shall be em ployed or
required.
engaged as a miner in any coal mine in this State w ithout having
first obtained a certificate o f competency and qualification so to do
from a “ miners exam ining board ” o f some county in this S ta te:
Provided, That any miner actually employed in this State when
this act becomes effective, w ho has been em ployed as a miner at
LABOR LAW S— ILLINOIS— ACTS OF 1909,
559
least tw o years in coal mines, shall be entitled to a certificate
perm itting him to w ork in the mines o f this State as a practical
m iner: And further provided, That any such certificated miner
may have one uncertificated person working w ith him and under
his direction fo r the purpose o f learning said business o f mining
and becoming qualified to obtain a certificate in conform ity w ith
the provsions o f this act.
Sec. 2. In each county o f this State where the business o f coal E x a m i n i n g
mining is carried on, there shall be created a board to be styled board*
the miners’ exam ining board, to consist o f three practical, expe
rienced and skillful miners o f at least five years’ continuous expe
rience, who are then actually engaged in mining coal in the county
fo r w hich they are appointed. Such appointments shall be made
by the county judges in their respective counties im mediately after
this act shall be in effect, and on or before the 10th day o f January
in each year thereafter, and all vacancies in said board shall be
at once filled by the county judge o f the county in w hich such
vacancy occurs.
Each o f said boards shall organize by electing one o f the mem
bers president, and one member secretary; and every member o f
said board shall, w ithin ten days after his appointment, take and
subscribe an oath or affirmation before a properly qualified officer
o f the county in w hich he resides, that he w ill honestly and im
partially discharge his official du ties; each o f said boards shall
provide itself w ith an impression seal, having engraved thereon
the name o f said board and the county fo r w hich it is appointed.
Members o f said board shall receive, as compensation fo r their
services, three and fifty one-hundredths dollars ($3.50) per day
fo r each day actually engaged in their official duties, and all
legitim ate and necessary expenses incurred in attending the meet
ings o f said board, under the provisions o f this act, and no part
o f the salary o f the members o f said board, or the expenses thereof,
shall be paid out o f the state treasury except as herein provided.
Sec. 3. Each o f said examining boards shall designate some con- Meetings,
venient meeting place in their respective counties, o f w hich due
notice shall be given by advertisement in tw o or more newspapers
o f the proper county. A t such meeting a book o f registration shall
be open in w hich shall be registered the name and address o f each
and every person to whom said board shall issue a certificate o f
com petency under this act.
Sec. 4. Each applicant for examination fo r the certificate herein Fees,
provided, shall pay a fee o f one dollar and the amount derived
from this source shall be held by said boards respectively and
applied to the expense and salaries herein provided, and such as
may arise under the provisions o f this act. The said boards shall
report in w riting quarterly to the court appointing them, all
moneys received and disbursed under the provisions o f this act,
together w ith the number o f miners examined under this act and
the number failin g to pass the required examination.
A ll moneys over and above the am ount required to pay the
salaries o f the members o f said board in their respective counties,
and their necessary actual expenses while in the perform ance o f
their duty as such board shall be paid to the state treasurer on the
second W ednesday o f each and every month, and the same shall
be paid out by said state treasurer only upon w arrants issued by
the county judge o f the county fo r w hich such board w as ap
pointed.
Said w arrants shall show on their face that they are fo r the
payment o f the salary and necessary actual expenses o f the mem
bers o f said board in such county.
Sec. 5. It shall be the duty o f said boards respectively to meet E x a m i n a on the first W ednesday o f each month and to remain in session f o r tions*
a period o f tw o days and no longer, and said meeting shall be
public. The said board shall exam ine under oath all persons re
siding in the county in w hich said board resides who apply fo r cer
tificates as provided in this act, and said board shall grant such
certificates o f competency or qualifications to such applicants as
560
B U L L E T IN OF T H E BU REA U OF LABOR,
are qualified, w hich certificates shall entitle the holders thereof
to be employed as%and to do the w ork o f miners in any county in
this State, w ithout other or further exam ination.
No certificate o f competency shall issue or be given to any person
under this act unless he shall produce evidence o f having had not
less than tw o years o f practical experience as a miner or w ith a
miner, and in no case shall an applicant be deemed competent un
less he appear in person before the said board and orally answer
intelligently and correctly at least twelve practical questions
propounded to him by the board pertaining to the requirements
and qualifications o f a practical miner. The said board shall keep
an accurate record o f the proceedings o f their meetings and in
said record shall show a correct detailed account o f the examina
tion o f each applicant w ith questions asked and their answers and
at each o f these meetings the board shall keep said record open
fo r public inspection. Any miner’s certificate granted under the
provisions o f this act shall not be transferable and any transfer
o f the same shall be deemed a violation o f this act. Such cer
tificates shall be issued only at meetings o f said boards, and said
certificates shall not be legal unless then and there signed by at
least tw o members o f said board, and sealed w ith the seal o f the
board issuing the certificates.
Working
Sec. 6. That no person shall hereafter engage as a miner in any
cate°ut certifi"coal mine w ithout having obtained such certificate as aforesaid.
And no person shall employ any person as a miner who does not
hold such certificate as aforesaid, and no mine forem an or super
intendent shall perm it or suffer any person to be employed under
him, or in the mines under his charge and supervision as a miner
except as herein provided, w ho does not hold such certificate.
A n y person or persons who shall violate or fa il to com ply with
the provisions o f this act shall be guilty o f a misdemeanor, and
on conviction thereof shall be sentenced to pay a fine o f not less
than one hundred dollars and not more than five hundred dollars,
or shall undergo imprisonment in the county ja il fo r a term o f not
less than thirty days and not to exceed six months, or both at
the discretion o f the court.
Enforcement.
Sec. 7. It shall be the duty o f the several miners’ examining
boards to investigate all complaints or charges o f noncompliance
or violation o f the provisions o f this act, and to prosecute all per
sons so offending; and it shall be the duty o f the prosecuting
attorney o f the county wherein the com plaints or charges are
made to investigate the same and prosecute all persons so offend
ing, and it shall at all times be the duty o f such prosecuting attor
ney to prosecute such members o f the miners’ exam ining board
as have failed to perform their duty under the provisions o f this
act. Upon conviction o f any member o f the miners’ examining
board fo r any violation o f this act, in addition to the penalties
herein provided, his office shall be declared vacant, and he shall
be deemed ineligible to act as a member o f the said board.
A dm inisterSec. 8. F or the purpose o f this act, the members o f the said
ing oaths.
miners’ examining board shall have the pow er to administer oaths.
Approved June 5, 1909.
Railroads— Construction of cabooses.
(Page 306.)
Length, etc.,
S ection 1. It shall be unlaw ful fo r any person, receiver or
of cars.
corporation, operating a line o f railroad situated in whole or in
part in the State o f Illinois, to require or to permit the use o f any
caboose cars unless said caboose cars shall be at least twentyfou r feet in length, exclusive o f platforms, and shall be provided
with a door in each end thereof, and w ith cupolas and w ith plat
forms, not less than thirty inches w ide across each end thereof,
and that said platform s shall be equipped w ith guard rails, grab
irons and steps for the safety o f persons in alighting or getting
LABOR LAW S---- ILLINOIS-----ACTS OF 1909.
on said caboose cars, and said caboose cars shall be equipped with
at least tw o four-w heel trucks.
S ec. 2. Any person, receiver or corporation, operating a line o f
railroad situated in w hole or in part in this State, violating any
o f the provisions o f section 1 o f this act, shall be deemed guilty
o f a misdemeanor and upon conviction thereof, shall be fined not
less than one hundred dollars ($100) nor more than five hundred
dollars ($500) fo r each offense.
Sec. 3. It shall be the duty o f the board o f railroad and w are
house commissioners to have this law enforced.
S ec. 4. The provisions o f this act shall not apply to the use o f
caboose cars in yard and in transfer service, nor to the use o f
caboose cars now owned by any railroad or railw ay company
operating in this S ta te; and it is further provided that vin case
o f unusual and unforseen [unforeseen] demands o f traffic, caboose
cars not o f standard construction may be used tem porarily: Pro
vided, That the railw ay company or companies desiring to use the
same shall apply to and obtain an order o f the railroad and ware
house commission granting the privilege to tem porarily use the
same.
Approved June 15, 1909.
561
Violations.
Enforcement.
Exemptions.
Employment of children— School attendance.
(Page 342.)
S ection 274. Every person having control o f any child between
S c h o o l at-
t e n d a n c e re
the ages o f seven and sixteen years, shall annually cause such quired.
child to attend some public or private school fo r the entire time
during w hich the school attended is in session, w hich shall not be
less than six months o f actual teach in g: Provided, however, That
this act shall not apply in case the child has been or is being in
structed fo r a like period in each and every year in the elementary
branches o f education by a person or persons competent to give
such instruction, or in case the child’s physical or mental condition
renders his or her attendance im practicable or inexpedient, or in
case the child is excused fo r tem porary absence fo r cause by the
principal or teacher o f the school w hich said child attends, or in
case the child is between the ages o f fourteen and sixteen years
and is necessarily and law fu lly employed during the hours when
the public school is in session. F or every neglect o f the duty pre
scribed by this section, the person so offending shall fo rfe it fo the
use o f the public schools o f the city, town or district in w hich such
child resides, a sum not less than five dollars nor more than
twenty dollars and costs o f suit, and shall stand committed until
such fine and costs o f suit are fu lly paid.
Approved June 12, 1909.
Protection of employees as members of the national guard.
(Page 437.)
S ection 4. A person who, either by him self or w ith another,
I nt er f er i ng
w illfu lly deprives a member o f the national guard or naval reserve w i t h employ
o f his employment, or prevents his being employed by him self or ment.
another, or obstructs or annoys said member o f said national guard
or naval reserve or his employer in respect o f his trade, business
or employment, because said member o f said national guard or
naval reserve is such member, or dissuades any person from en
listment in the said national guard or naval reserve by threat o f
injury to him in case he shall so enlist, in respect o f his employ
ment, trade or business, shall be deemed guilty o f misdemeanor, Penalty.
and upon conviction thereof shall be fined in any sum not exceed
ing five hundred dollars ($500). And it shall be the duty o f the
state’s attorney o f the county wherein said inform ation is made
or offense committed, to prosecute said action in the name o f the
people o f the State o f Illinois.
Approved June 10, 1909.
562
B U L L E T IN OF T H E BU REAU OF LABOR.
I N D IA N A .
AC TS OF 1909.
C h a p t e r 25.— Railroads— Trains
not to be run without sufficient
crews.
F u llcrew reS ection 1. It shall be unlaw ful for any railroad com pany doing
qnirea
business in the State o f Indiana that operates more than fou r (4 )
On freight freigh t trains in every tw enty-four (24) hours, to operate over its
trams;
road, or any part thereof in the State o f Indiana, or suffer or per
mit to be run over its road outside o f the yard limits, any freight
train consisting o f m ore than fifty (50) freigh t or other cars,
exclusive o f caboose and engine, w ith less than a fu ll freigh t
train crew, consisting o f 6 persons, to w it: One (1 ) conductor,
one (1 ) engineer, one (1 ) fireman, tw o*(2) brakemen and one (1 )
flagman, and it shall be unlaw ful fo r any such railroad company
that operates m ore than fou r (4 ) freigh t trains in every twentyfou r (24) hours to run over its road or any part thereof in the
State o f Indiana, outside o f the yard lim its, any freigh t train
consisting o f less than fifty (50) freight or other cars, exclusive o f
caboose and engine, w ith less than a fu ll freigh t train crew fo r
such a train, consisting o f five (5 ) persons, to w it: one (1 ) con
ductor, one (1 ) engineer, one (1 ) fireman, one (1 ) brakeman, and
one (1 ) flagm an: Provided , however, That a light engine w ithout
cars shall have the follow in g crew, to w it: One (1 ) conductor, or
flagman, one (1 ) engineer, and one (1 ) fireman.
On passenS ec. 2. It shall be unlaw ful fo r any railroad com pany doing
ger, etc., trains. business in the State o f Indiana to run over its road or any part
o f its road, in this State, outside o f yard lim its, any passenger,
mail or express train, consisting o f five (5 ) or m ore cars, w ith less
than a fu ll passenger crew, consisting o f one (1 ) engineer, one
(1 ) fireman, one (1 ) conductor, one (1 ) brakeman, and one (1 )
flagman (said brakeman or flagman shall not be required to per
form the duties o f baggage master, express messenger, or p o r t e r );
that it shall be unlaw ful fo r any railroad com pany doing business
in the State o f Indiana to run over its road, or any part o f Its
road in the State o f Indiana, outside o f yard limits, any passen
ger, mail or express train consisting o f less than five (5 ) cars,
w ith less than a fu ll passenger crew, consisting o f one (1 ) engi
neer, one (1 ) fireman, one (1 ) conductor and one (1 ) brakeman
(said brakeman shall not be required to perform the duties o f
baggage master, express messenger or p orter).
Experience.
S e c . 3. A ll flagmen provided for in this act shall have had at
least one year’s experience in train service.
Violations.
S ec. 4. Any railroad company violating any o f the provisions o f
this act shall be guilty o f a misdemeanor, and upon conviction
shall be fined in any sum not less than one hundred ($100) dollars
nor more than five hundred ($500) dollars, fo r each offense, and
such company shall be liable fo r any damages caused by the
violation o f any o f the provisions o f this act.
Approved February 26, 1909.
C h a p t e r 34.— Assignment
Definition.*
of wages— Wage brokers.
S ection 1. Any person, company, corporation or association
loaning money directly or indirectly to any employee or wageearner upon the security o f or in consideration o f any assign
ment o f the w ages or salary o f such employee or wage-earner,
shall be defined and held to be a wage broker and subject to the
provisions o f this act.
Assignments
S ec. 2. No assignment o f his or her wages or salary by any emlimited.
ployee or wage-earner to any wage broker or any other person for
his benefit shall be valid or enforceable, nor shall any employer or
debtor recogmze or honor such assignment for any purpose what
ever, unless it be for a fixed and definite part of the wages or
LABOR LAW S— INDIANA— ACTS OF 1909.
563
salary earned or to be earned during a period n ot exceeding
thirty days im mediately follow in g the date o f the assignment.
Any assignment which shall be postdated or dated on any other
date than that o f its actual execution shall be void and of no
effect for any purpose whatever.
S ec . 3. No w age broker shall ask, demand or receive, either as
Rate o f inter
compensation or interest, or in any other manner directly or indi - est*
rectly, any compensation or interest fo r the use o f money advanced
or loaned by him to any employee or wage-earner in excess o f the
rate o f eight per cent per year, and said compensation or rate o f
interest shall be computed upon the am ount actually advanced to
and received by the borrower, and no commission, compensation
or charges in addition to the interest above named shall be asked,
demanded or received by said wage broker or any other person
fo r making or securing said advancement or loan.
S ec. 4. No assignment o f his wages or salary by a m arried man,
Assignments
w ho shall be the head o f a fam ily residing in this State, shall J*fen“ a r r 1e a
be valid or enforceable w ithout the consent o f his w ife, evidenced
by her signature to said assignment executed and acknowledged
before a notary public or other officer empowered to take acknowl
edgments o f conveyances, and no w age broker or person connected
w ith him directly or indirectly shall be authorized to take any
such acknowledgment.
Sec. 5. No assignment o f wages or salary shall be valid or enEmployer to
forceable unless notice in w riting o f the same accom panied by a have notice.
copy o f the assignments, shall be given to the employer or doctor
w ithin ten days from the date o f its execution.
S ec. 6 E very purchase o f a wage broker o f an assignment o f
S t a t u s of
the wages or salary o f any employee or wage-earner shall be held gignments as~
and considered to be a loan in the sum and o f the amount
actually paid to and received by such employee or wage-earner.
S ec . 7. Any person, company, corporation or association, or the Violations,
officers, members, agents or employees thereof, violating any or
either o f the provisions o f this act shall be deemed guilty o f a
misdemeanor, and upon conviction, shall be liable to a fine in the
sum o f not less than twenty ($20) dollars nor m ore than one
hundred ($100) dollars fo r each offense, or to imprisonment in the
county ja il fo r a period not to exceed ninety days, or both.
.
S ec. 8. Any note, bill or other evidence o f indebtedness and any
What notes,
assignment o f wages or salary given to or received by any wage etc-»voi<3*
broker or any other person in violation of any of the provisions of
this act shall be null and void and o f no effect; and upon convic
tion, any and all moneys advanced or loaned by said wage broker
in violation of any of the provisions of this act and all interest
thereon shall be forfeited.
Approved February 27, 1909.
C h a p t e r 62 .— Safety
appliances on railroads— Switch engines.
S ection 1. Every railroad engine used in the State o f Indiana
E q u ip m e n t
exclusively, fo r the purpose o f switching cars in any yard or in required*
any place used fo r the purpose o f making up trains or switching
cars after January 1, 1910, shall be uniform ly equipped w ith foot
boards on the front and rear ends, which shall be not less than ten
inches w ide and not less than ten inches nor m ore than tw elve
inches above the rails. Every such engine shall have headlights
at both ends. E very such engine shall be fitted w ith grab irons
not less than six inches above the pilot beam on both ends o f the
engine.
Sec. 2. E very such common carrier, or the receiver thereof,
Violations,
using, or perm itting to be used, any engine in violation o f any
provisions o f this act, shall be liable to a penalty o f one hundred
dollars for each violation, to be recovered in a suit or suits to
be brought by and in the name o f the railroad commission o f
Indiana, fo r the use o f the State o f Indiana, in any circuit or
superior court o f this State having jurisdiction over any such
offending carrier.
20092—No. 85—10---- 8
5«4
B U L L E T IN OF T H E BU REA U OF LABOR,
Defenses al)S ec . 3. A ny employee o f any railw ay company w ho may be
gated.
killed or injured by any engine in use contrary to the provisions
o f this act, shall not be deemed thereby to have assumed the risk
thereby occasioned, although continuing in the employment o f
such carrier after the unlaw ful use o f such engine had been
brought to his knowledge, nor shall any such em ployee be held
as having contributed to his in ju ry in any case w here the railw ay
com pany shall have violated any o f the provisions o f this a c t
when such violation contributed to the death or in ju ry o f any
Mich employee, when the failu re to com ply w ith the provisions
o f this act was the proxim ate cause o f such injury.
Approved M arch 5, 1909.
C h a p t er 90 .—Accidents
on railroads— Surgical supplies.
Supplies
reStlppi
S ection 1. It shall be unlaw ful fo r any steam railroad com pany
qtiirea.
engaged in the transportation o f passengers o r freight o f any kind
w hatsoever to run o r attempt to run any passenger o r freigh t
train upon w hich passengers or em ployees m ay ride or travel that
is not equipped w ith at least one m edical emergency case w hich
shall contain the follow in g specified a r ticle s : T w o gauze bandages
and tw o triangular pieces o f gauze eighteen inches w ide, and one
pound o f absorbent cotton.
Enforcement.
Sec. 2. It shall be the duty o f the board o f railroad commis
sioners to have this law enforced.
Violations.
S ec . 3. A ny such railroad company violating any o f the provi
sions o f this act shall be guilty o f a misdemeanor and upon con
viction shall be fined in any sum not less than twenty-five dollars
nor m ore than one hundred dollars.
Approved M arch 5, 1909.
Ch apter 94 .—Private
employment offices.
L i c e n s e reS ection 1. No person, firm, or corporation shall in this State
quired.
open, operate, or maintain an employment agency w ithout first
Bond.
obtaining a license fo r Die same from the ch ief o f the bureau o f
statistics. E very license shall contain a designation o f the city
or town, street, and number o f the building w here the licensed
person, firm, or corporation conducts said employm ent agency.
The license, together w ith a copy o f this law, shall be posted in a
conspicious [conspicuous] place in each and every place o r office
where said agency does business. No agency shall print, publish,
or paint, in any way, any sign, card, or advertisement in any w ay
similar to the name, “ Indiana Free Public Em ployment Bureau.”
A ll advertisements and statements, w indow signs, door signs, and
all literature o f private employment agencies shall contain the
w ords “ licensed employment agency,” together w ith the regularly
licensed name o f the agency. The said ch ief o f the bureau o f
statistics shall require each and every applicant fo r a license to
execute to the State o f Indiana a bond in the penal sum o f one
thousand <$1,000) dollars w ith a surety com pany, or w ith tw o
solvent resident freeholders, conditioned that the obligor w ill not
violate any o f the duties, terms, conditions, o r provisions o f this
act, w hich said bond shall be approved by the said ch ief o f the
bureau o f statistics. The said ch ie f is authorized to cause an
action to be brought on said bond, in the name o f the State o f
Indiana, fo r an y violation o f any o f the conditions o f said bond,
and may, upon a fu ll hearing revoke such license whenever, in his
judgment, the party licensed has violated any o f th e provisions
o f this a c t o r has been convicted o f the violation o f any crim inal
law o f this or other States, subject to an appeal by the person,
firm or corporation whose license is so revoked w ithin ten days
from the date o f such revocation to the circu it or superior court
o f the county in w hich the business o f said person, firm or corpora
tion is located. It is hereby made the duty o f the attorneygeneral to prosecute any action brought by the ch ief in such cases.
LABOR LA W S---- INDIANA---- ACTS OF 1909,
565
Sec. 2. A fee o f twenty-five dollars ($25) shall be paid fo r each Fee.
license granted under the provisions o f this act.
Sec. 3. It shall be the duty o f every licensed agency to keep a Registers.
register o f all persons applying for employment, together w ith
their names, address, age, nativity, sex, color, trade, occupation
or profession; also the names and addresses o f persons, firms,
and corporations to whom such applicant has been referred, and
the positions w hich have been secured fo r such applicants. Such
agency shall also keep a register o f every person, firm, or corpora
tion applying fo r help or servants, the names o f all persons re
ferred to them, and the results. A ll o f this inform ation shall be
reported on the first day o f each month to the ch ief o f the bureau
o f statistics, under oath o f the person or firm conducting such
a g en cy ; or, i f a corporation, it shall be subscribed under oath by
tw o officers thereof. Said register shall, at all times, be open
fo r inspection by the ch ief o f the bureau o f statistics, the sheriff
o f any county or the ch ief o f police o f any city in w hich said
employment agency is located or any person delegated by either
o f said officers to inspect the same.
Sec. 4. W here a registration fee is charged for filing or receiv F e e s to be
ing applications fo r employment, said fee shall in no case exceed charged.
tw o ($2) d olla rs; and upon payment o f said fee, a receipt shall be
given containing the name o f the applicant, the amount o f the fee,
the date, and the name and character o f the w ork or situation to
be procured. In case the said applicant shall not obtain a situa
tion or employment through said licensed agency w ithin ten days
after registration as aforesaid, then the said licensed agency shall
forthw ith, on demand, repay and return to said applicant seventyfive per cent o f the fee paid by said applicant to said agency. In Return o f fee.
case said agency procures employment fo r an applicant, the total
fees, including registration fee, shall not exceed ten per cent, o f
the first m onth’s wages, payable at end o f first month’s services.
Sec. 5. Any person, firm, or corporation guilty o f violating any Violations.
o f the provisions o f this a ct shall, upon conviction, be fined in any
sum not less than fifty ($50) dollars, nor more than one hundred
($100) dollars, to w hich may be added imprisonment in the county
ja il fo r a term not exceeding six months. It shall be the duty o f
the ch ief o f the bureau o f statistics to enforce this act and insti
tute crim inal or civil proceedings whenever inform ed o f any viola
tion o f its provisions. Upon instituting any such proceedings, the
name o f said ch ief shall be entered upon the docket, and upon con
viction a fee o f ten ($10) dollars shall be allow ed in fav or o f said
chief, w hich fee, when collected, shall be accounted fo r a s other
money received by said ch ief under this act.
Sec. 6. A ll fees received by said ch ief o f the bureau o f statistics Use of fees.
under this act, shall be held by said chief and shall constitute a
fund fo r carrying out the provisions o f this act, and to maintain
a free public employment bureau in the office o f the said ch ief o f
the bureau o f statistics. The said ch ief shall, at the end o f his
term, make an account o f said fund, and shall pay into the state
treasury whatever remains after paying the necessary expenses
as aforesaid.
Sec. 7. “ Private employment a g en cy ” is defined and inter Definitions.
preted to mean any person, firm, or corporation who shall furnish
employment or help, or who shall display any employment card,
sign, bulletin, or other advertisement, or who, through any card,
sign, circular, pamphlet, or other medium or advertisement, shall
offer employment or h elp: Provided, That regularly established
educational institutions, religious,* labor, charitable and benevo
lent organizations, and departments or bureaus maintained by per
sons, firms or corporations or associations, for the purpose o f ob
taining help fo r themselves or employment for their members shall
be exempt from the payment o f a license fee, but all such persons,
firms, corporations, departments and associations shall, before
being authorized to conduct such employment agency or depart
ment, secure a permit from the chief o f the bureau o f statistics
by filing w ith him an application giving such inform ation as he
566
B U L L E T IN OF T H E BUK EAU OF LABOR,
may require. No charge shall be made fo r the issuance o f such
permit, w hich may be revoked on the same terms as a license is
revokable. This act shall not apply to anyone who secures em
ployment fo r his friends, fellow craftm en, or members o f his
fam ily w ithout charge.
Same.
S ec. 8 . The term, “ applicant fo r employment,” as used in this
act, shall be construed to mean any person seeking w ork o f any
law ful character; and “ applicant fo r h e lp ” shall mean any per
sons, firm, or corporation, seeking help or offering to employ labor
in any legitim ate enterprise. Nothing in this act shall be con
strued as lim iting the term, “ w ork,” to manual labor, but it shall
include professional and all legitim ate service.
Acts prohibSec. 9. No agency, whether licensed or unlicensed, shall send or
itedcause to be sent any help or person to any place o f bad repute,
house o f ill fam e or assignation or place o f amusement kept fo r
im moral purposes, or fo r the purpose o f securing a position fo r
any applicant, or otherwise circulate, publish, record or issue any
report or inform ation to cause the discharge o f any person em
ployed in any legitim ate service. A ny agency, whether licensed
or unlicensed, violating any o f the provisions o f this act or o f any
law in force in this State, shall fo r fe it all rights to continue in
business. No agency shall publish, or cause to be published, or
circulate any false or fraudulent notice, advertisement, or state
ment, or give any false inform ation, or make any false representa
tion or promise concerning w ork or employm ent or help, to any
one w ho shall register fo r help or employment, and no such agency
shall make any false entry in any book, record, or register kept by
it or used by it in connection w ith its business. No such agency
shall conduct its business in a building w here intoxicating liquors
are sold.
Approved March 5, 1909.
Chapter 98 .— Mine
regulations.
Actions f o r
Section 1. Section one (1 ) o f an act [o f 1907] entitled An act
injuries.
to amend section twenty-seven (27) o f * * * [chapter 50,
A cts o f 1905, shall] be amended to read as fo llo w s : Section 27.
F or any injuries to person, or persons, or property, occasioned by
any violation o f this act, or failure to com ply w ith any o f its pro
visions, a right o f action against the operator shall accrue to the
party injured fo r the direct in ju ry sustained th ereb y ; and in case
o f loss o f life by reason o f such violation, a right o f action shall
accrue in favor o f the personal representatives o f the deceased
against such operator, i f the deceased might have maintained an
action, had he lived, against the operator fo r an in ju ry fo r the
same act o f omission. The actions shall be commenced w ithin tw o
years. The damages in case o f death can not exceed ten thousand
(10,000) dollars, and must inure to the exclusive benefit o f the
w idow and children, i f any, or next o f kin, to be distributed in the
same manner as personal property o f the deceased.
Approved March 6, 1909.
Chapter 106.— Safety
appliances on railroads—Ash pans on
locomotives.
Equipment
Section 1. On and after the first day o f January, nineteen hunrequired.
dred and ten, it shall be unlaw ful fo r any common carrier to use
or operate any locomotive, on ,a n y railroad in this State, unless
such locom otive is equipped w ith an ash pan w hich can be dumped
or emptied and cleaned w ithout the necessity o f any employee
going under such locomotive.
Violations.
Sec 2. Any such common carrier using or operating any locomo
tive in violation of any of the provisions of this act shall be
deemed guilty of a misdemeanor and upon conviction thereof shall
be fined in any sum not less than two hundred dollars and not
more than four hundred dollars for each and every violation
thereof.
LABOR LAW S---- INDIANA---- ACTS OF 1909,
S ec . 3. It shall be the duty o f the railroad commission and
prosecuting attorneys o f this State to enforce the provisions o f
this act.
Sec. 4. The term “ common carrier ” as used in this act shall be
construed to mean any person, firm or corporation, receiver or
receivers charged w ith the duty o f the management o f the business
o f a common carrier.
Sec. 5. Nothing in this act shall apply to any locomotive upon
which, by reason o f the use of oil, gasoline, electricity or other like
agency, an ash pan is not necessary.
567
Enforcement,
Definition,
Exemptions,
A pproved M arch 6, 1909.
C hapter 118.—F ire
escapes on factories, etc.
S ection 1. * * * Every building in which persons are em- Provisions re
ployed above the second story in a factory, workshop, or m ercan -<iuired*
tile or other establishment, * * * and every factory, w ork
shop, m ercantile or other establishment o f more than tw o stories
in height, shall be provided w ith proper w ays o f egress or means
o f escape from fire, sufficient fo r the use o f all persons * * *
employed, * * * in such buildings, and such w ays o f egress
and means o f escape shall be kept free from obstruction, in good
repair and ready fo r use at all times, and all rooms above the sec
ond story in such building shall be provided w ith more than one
w ay o f egress or escape from fire, placed as near as practicable at
opposite ends o f the room and leading to fire escape [s] on the out
side o f such building or to stairw ays on the inside, provided w ith
proper railings. A ll outside doors subject to the provisions o f this
section shall open outward, and all w indows open outw ard or up
w ard. * * * The certificate o f the fire ch ief o f the city where
said building is located, certifying that the provisions o f this act
have been com plied with, shall be prima facie evidence o f a com
pliance w ith such requirements.
S ec . 2. In addition to the foregoing means o f escape from fire,
Fire escapes
all such buildings as are enumerated in section 1 o f this act a s {)nn ,9e r t a i n
are more than tw o stories in height shall have one or more fire
escapes on the outside o f said building, as may be directed by the
fire ch ief aforesaid, except in such cases as the said fire chief
may deem such fire escape to be unnecessary in consequence o f
adequate provisions having been already made fo r the [sic] safety
in event o f fire, and in such cases o f exemption the said fire ch ief
shall give the owner, lessee or occupant o f said building a w ritten
certificate to that effect and his reasons therefor, and such fire
escapes as are provided fo r in this section shall be constructed Construction,
according to specifications issued by [the] state department o f
inspection and accepted by the ch ief inspector, or approved by the
fire chief, and shall be connected w ith each floor above the first,
w ell fastened and secured by extending the bolts or fastenings
entirely through the walls, and o f sufficient strength, each o f
w hich fire escapes shall have landings or balconies guarded by
iron railings not less than three feet in height, and embracing
one or more windows at each story and connecting w ith the in
terior by easily accessible and unobstructed open in gs; and all the
balconies or landings shall be connected by iron stairs, placed at a
slant o f not m ore than forty-five degrees, protected by a wellsecured hand rail on both sides, w ith a sixteen-inch w ide drop
ladder from the low er platform , reaching to the ground; * * *
iron stairs shall extend to a ground landing, and no telegraph,
telephone, electric-light poles, trees or wire, signs or other ob
structions shall interfere w ith the construction and use o f any
fire escape.
Sec. 3. Any other plan or style of fire escape shall be sufficient
if approved by the chief inspector, but if not so approved the
chief inspector may notify the owner, proprietor or lessee of such
establishment or of the building in which such establishment is
conducted, or the agent or superintendent, * * * or either o f
them,, in writing that any such plan or style o f fire escape is not
other types,
568
B U L L E T IN OF T H E BU REA U OF LABOR.
sufficient, and may by an order in w riting, served in like manner,
require one or more fire escapes as he shall deem necessary and
sufficient to be provided fo r such establishment at such location,
and [o f] such plan and style as shall be specified in such written
order. W ithin twenty days after the service o f such order the num
ber o f fire escapes required in such order fo r such establishment
shall be provided therefor, each o f w hich shall be o f the plan and
style in accordance w ith the specifications in said order required.
The windows or doors to each fire escape shall be o f sufficient size
and be located, as fa r as possible, consistent w ith accessibility
from the stairw ays and elevators, hatchways o r openings, and
the ladder thereof shall extend to the roof. Stationary stairs or
ladders shall be provided on the inside o f such establishment from
th e upper story to the ro o f as a means o f escape in case o f fire.
Enforcement.
S ec. 7. It is hereby made the duty o f the ch ief inspector or his
deputies or their assistants in every c ity or tow n w here there are
fire companies, and every township trustee in townships where
there are buildings com ing under the provisions o f this a c t and
where there are no fire ch iefs in said township, to see that the
provisions o f this act are enforced, and fo r this purpose they or
their assistants o r deputies shall have free access at all hours to
all buildings em braced herein. * * *
Same.
S ec . 9. In all places where there is n o fire ch ief the trustee o f
the township wherein any such buildings are situated, a s in this
act provided and described, shall do and perform a ll the duties
otherwise required o f said fire chiefs, and he su bject to all pen
alties provided in this act.
Repeal.
Sec. 10. A ll law s and parts o f law s in conflict herewith are
hereby repealed, and particularly the act o f M arch 10, 1903,
(chapter 222). * * *
Approved M arch 6, 1909.
C h a p t er 128.— Safety
appliances on railroads— Locomotive beadlights.
. In?) action of
S ection 1. In addition to the pow ers h eretofore granted to
the railroad com m ission o f Indiana said com m ission is hereby
specifically empowered, authorized and directed, as soon as prac
ticable after th e passage o f this act, to investigate the condition
and efficiency o f headlights now in use on locom otive engines
on the railroads in this State, and i f found to be inadequate
fo r the protection o f persons an d property, o r any other pur
pose, to investigate and determine w hat w ould b e the most prac
ticable and efficient headlight fo r all purposes, and when the com
mission shall have so determined, to make and en force against
the railroad com panies such order or orders as m ay be found
to be necessary to require the equipment and installation o f such
In sta lla tion headlights on the locom otives on the railroads in this State, and
required.
to this end said commission is given pow er in such investiga
tion to exam ine the various kinds o f lights th at m ay be suitable
fo r locom otive headlights, and appliances therefor, to consult
experts in such matters and to require the attendance o f witnesses
and the production o f papers, documents, and appliances.
A pproved M arch 6, 1909.
C h a p t e r 133.— Mine
Blasting reg-
ated*
regulations— Blasting.
S ection 1. Section 1 o f an act [o f 1908] entitled An act to
amend section 2 * * * [o f chapter 204, A cts o f 1907,] is hereby
amended to read as fo llo w s : Section 2. It shall be unlaw ful fo r
any person fo r the purpose o f blasting coal in any mine in this
State, to prepare any “ shot ” in such a w ay that the distance
from the d rill hole to the 4‘ loose end,” chance or end o f cutting
shall be m ore than five feet measured at right angles to the
direction o f the h ole; or to place any charge o f pow der or other
explosive in any drill hole prepared fo r any “ shot ” in which the
LABOR LA W S— IN D IA N A — ACTS OF 1909.
569
breast o f coal to be dislodged is o f greater w idth than the depth
o f the drill h ole; or to use in preparing any “ s h o t” more than
six pounds o f p ow der; or to place any pow der in any drill hole
fo r the purpose o f preparing any “ shot ” without measuring the
amount so placed therein w ith a substantial measure so made as
to indicate the weight o f blasting pow der measured therein; or
to open a keg, can or other package containing powder, by means
o f a pick or in any other manner except in pursuance o f the
manner provided in the m anufacture o f such keg, can or package;
or to sell or offer fo r sale any keg, can or package containing
powder, unless such can, keg or package be provided w ith a suffi
cient device fo r opening the same and permitting the discharge
therefrom o f all the powder therein contained; or to store any
blasting powder, dynamite or other high explosive in any coal
m in e; or to prepare any drill bit more than three and one-quarter
(3£) inches in diameter to be used in boring holes fo r the pur
pose o f preparing any shot or to use any dynamite or other high
explosive in conjunction w ith black powder. It shall be unlaw ful
fo r any owner, operator o r lessee o f any coal mine, coal shaft
or slope coal mine to refuse, fa il or neglect to sharpen and pre
pare fo r use any bit fo r preparing drill holes, i f such bit is three
and one-quarter ( 3 i ) inches in diameter, or less, and such owner,
operator or lessee, or his representative, has been requested to
prepare and sharpen the same by any owner o f such bit or bits.
Approved M arch 6, 1909.
C hapter 155.—Free
public employment office.
Office to be
S ection 1. The ch ief o f the bureau o f statistics shall maintain
in connection w ith his office, a free public employment bureau for maintained.
the purpose o f receiving and filing applications o f persons seeking
employm ent and o f persons seeking to employ labor.
Registers.
S ec. 2. The said ch ief o f the bureau o f statistics shall make
and preserve, either in book form or by card a record o f all per
sons applying fo r help and o f those seeking employment. This
record shall contain the names and address o f those seeking help
and the kind o f w ork to be perform ed ; also the name o f each ap
plicant fo r employment, the address, age, sex, color, nativity, occu
pation, character o f employment desired, number o f dependents, if
any, and such other inform ation as the chief o f the said bureau
m ay deem proper, w hich inform ation shall be published in his
re p o rts; but he shall not in any case disclose the identity o f any
person in such reports.
No fee to be
S ec. 3. No fee or compensation shall be charged or received,
directly or indirectly, from persons applying for employment or charged.
help, except it shall be lawful for applicants to enclose sufficient
postage for all replies.
S ec. 4. The term “ work,” or “ employment,” shall mean any Definitions.
legitim ate trade, occupation, or service.
S ec. 5. It is hereby made the duty o f all county, city, town, and Duties of of
tow nship officials to cooperate w ith the said ch ief o f the bureau, ficials.
and furnish him and all applicants, such inform ation as may be
required by said chief.
S ec. 6 . The said ch ief o f the bureau o f statistics shall, at least Bulletins.
fou r times a year, or as often as he may deem advisable, publish
in pamphlet form , a bulletin to be printed in the same manner by
the state printer as other reports o f said office are printed, con
taining inform ation concerning opportunities and inquiries o f per
sons seeking to em ploy la b o r ; but in no case shall the name o f any
person, firm, or corporation be used. Said report shall also in
clude such other inform ation as the ch ief o f the bureau may deem
o f value, and he may mail a copy o f each issue to such persons,
organizations, and officials as he may deem advisable. No single
issue o f said bulletin shall exceed thirty-five hundred copies.
S ec. 7. A ll persons, firms, and corporations, who have applied Notices from
to such bureau for help, and to whom applicants for positions are employers.
570
B U L L E T IN OF T H E B U REA U OF LABOR,
referred, shall n otify the chief whether applicants have been accepted or rejected, and shall answer such inquiries as may be made
by the ch ief relative to such applicants. A nd any official, person,
firm, or corporation neglecting or refusing fo r ten days to comply
w ith any o f the provisions o f this act, shall be liable to a penalty
o f one hundred ($100) dollars, to be collected by the order j>f the
ch ief o f said bureau o f statistics, in an action wherein the State
o f Indiana shall be plaintiff.
Approved M arch 8, 1909.
Chapter 163.—Inspection
of factories, etc.— Manufacture of food
products.
S ection 1. E very building, room, basement, or cellar occupied
or used as a bakery, confectionery, cannery, packing house,
slaughterhouse, dairy, creamery, cheese factory, restaurant, hotel,
grocery, meat market or other place or apartment used fo r the
preparation fo r sale, manufacture, packing, storage, sale or distribu
tion o f any food, shall be properly lighted, drained, plumbed and
ventilated and conducted w ith strict regard to the influence o f
such condition upon the health o f the operatives, employees,
clerks or other persons therein employed and the purity and
wholesomeness o f the food therein p rodu ced; and fo r the purpose
o f this act the term “ f o o d ” as used herein, shall include all
articles used fo r food, drink, confectionery or condiment, whether
simple, m ixed or compound and all substances or ingredients used
in the preparation thereof.
Floors, furSec. 2. The floors, sidewalks, ceilings, furniture, receptacles,
niture, etc., to implements and m achinery o f every establishment or place where
be clean.
food is manufactured, packed, stored, sold or distributed, and all
cars, trucks and vehicles used in the transportation o f food prod
ucts, shall at no time be kept in an unclean, unhealthful or unsani
tary condition, and fo r the purpose o f this act, unclean, unhealthful
or unsanitary conditions shall be deemed to exist i f food in the
process o f manufacture, preparation, packing, storing, sale, dis
tribution or transportation is not securely protected from flies,
dust, dirt, and, as fa r as may be necessary, by all reasonable
means from all other foreign or injurious contam ination; and i f
the refuse, dirt and the waste products subject to decom position
and ferm entation incident to the manufacture, preparation, pack
ing, storing, selling, distributing and transporting o f food, are not
removed d a ily ; and i f all trucks, trays, boxes, baskets, buckets
and other receptacles, chutes, platform s, racks, tables, shelves
and all knives, saws, cleavers and other utensils and machinery
used in moving, handling, cutting, chopping, mixing, canning and
all other processes are not thoroughly cleaned daily, and i f the
clothing o f operatives, employees, clerks or other persons therein
employed is unclean.
Construction
S ec . 3. The side w alls and ceilings o f every bakery, confectionof rooms.
ery, creamery, cheese factory, hotel and restaurant kitchen, shall
be w ell plastered, wainscoted or ceiled w ith metal or lumber and
shall be oil painted or kept w ell limewashed, and all interior
w oodw ork in every bakery, confectionery, cream ery, cheese fa c
tory, hotel and restaurant kitchen, shall be kept w ell oiled or
painted w ith oil paints and be kept washed clean w ith soap and
w a ter; and every building, room, basement or cellar occupied or
used fo r the preparation, manufacture, packing, storage, sale or
distribution o f food, shall have an impermeable floor made o f
cement or tile laid in cement, brick, w ood or other suitable non
absorbent m aterial w hich can be flushed and washed clean w ith
water.
Windows and
S ec . 4. The doors, w indows and other openings o f every food
d o o r s to be producing or distributing establishment during the fly season shall
screened.
pe fitted w ith self-closing screen doors and w ire w indow screens o f
not coarser than 14-mesh w ire gauze.
Sanitation.
LABOR LA W S---- IN D IA N A — ACTS OF 1909.
S ec . 5. Every building, room, basement or cellar occupied or
used fo r the preparation, manufacture, packing, canning, sale or
distribution o f food, shall have convenient toilet or toilet rooms
separate and apart from the room or rooms where the process o f
production, manufacture, packing, canning, selling or distributing
is conducted. The floors o f such toilet room s shall be o f cement,
tile, wood, brick or other nonabsorbent material and shall be
washed and scoured daily. Such toilet or toilets shall be furnished
w ith separate ventilating flues or pipes, discharging into soil
pipes, or on the outside o f the building in w hich they are situated.
Lavatories and wash room s shall be adjacent to toilet rooms and
shall be supplied w ith soap, running water and towels, and shall
be maintained in a sanitary condition. Operatives, employees,
clerks and all persons who handle the material from w hich food
is prepared, or the finished product, before beginning w ork or after
visiting toilet or toilets, shall wash their hands and arms thor
oughly in clean water.
Sec. 6 . Cuspidors fo r the use o f operatives, employers, clerks or
other persons shall be provided whenever necessary, and each
cuspidor shall be thoroughly emptied and washed out daily w ith
disinfectant solution and five ounces o f such a solution shall be
le ft in each cuspidor w hile it is in use. No operative, employee,
or other person shall expectorate on the floor or side w alls o f any
building, room, basement or cellar where the production, manu
facture, packing, storing, preparation, or sale o f any food is con
ducted.
571
Toilet rooms.
Cuspidors.
Sleeping in
Sec. 7. No person or persons shall be allowed to live or sleep in
workrooms.
any workroom o f a bake shop, kitchen, dining room, confectionery,
creamery, cheese factory, or place where food is prepared for sale,
served or sold.
Co n t a g i o u s
Sec. 8 . No employer shall require, permit or suffer any person and
infectious
to work, nor shall any person work, in a building, room, basement, diseases.
cellar or vehicle occupied or used fo r the production, preparation,
manufacture, packing, storage, sale, distribution and transporta
tion o f food, who is affected w ith any venereal disease, smallpox,
diphtheria, scarlet fever, yellow fever, tuberculosis, or consump
tion, bubonic plague, Asiatic cholera, leprosy, trachoma, typhoid
fever, epidemic dysentery, measles, mumps, German measles,
w hooping cough, chicken pox or any other infectious or contagious
disease.
S ec. 9. It shall be the duty o f the state board o f health to en
force this act, and fo r that purpose the state, county, city and
town health officers shall be food inspectors subordinate to the
state board o f health. The state food and drug commissioner,
the food inspectors o f the state board o f health, the state, county,
city and town health officers shall have fu ll power at all times to
enter every building, room, basement, or cellar occupied or used
or suspected o f being occupied or used fo r the production fo r
sale, m anufacture fo r sale, storage, sale, distribution or trans
portation o f food, and to inspect the premises and all utensils,
fixtures, furniture and machinery used as aforesaid, and i f upon
inspection any food producing or distributing establishment, con
veyance, employer, operative, employee, clerk, driver or other
person is found to be violating any o f the provisions o f this act,
or i f the production, preparation, m anufacture, packing, storing,
sale, distribution or transportation o f food is being conducted in a
manner detrim ental to the health o f the employees and operatives
or to the character or quality o f the food therein being produced,
manufactured, packed, stored, sold, distributed or conveyed, the
officer or inspector making the examination or inspection shall
furnish evidence o f said violation to the prosecuting attorney o f
the county or circu it wherein such violations occur, who shall
prosecute all persons violating any o f the provisions o f this act, or
said inspector shall report such conditions and violations to the
state food and drug commissioner, w ho shall issue an order to the
person or persons in authority at the aforesaid establishment to
abate the condition or violation or to make such improvements as
Enforcement.
572
Violations.
B U L L E T IN OF T H E BU REA U OF LABOR.
m ay be necessary to abate them, w ithin a period o f five days or
such' reasonable time as may be required in w hich to abate them.
Such order shall be in w riting and the person receiving the order
shall have the power o f appeal from the order and instructions,
and may w ithin five days from the issuance o f the order appear
in person or by attorney before the state food and drug commis
sioner to give reason w hy such order or instructions should not be
obeyed.
S ec. 10. Any person who violates any o f the provisions o f this
act or who refuses to com ply w ith any law ful orders or require
ments o f the state food and drug commissioner duly m ade in w rit
ing as provided in section 9 o f this act, shall be guilty o f a misde
meanor and on conviction shall be punished for the first offense by
a fine o f not less than $10 nor m ore than $50; fo r the second
offense by a fine o f not less than $50 nor more than $100, and fo r
the third and subsequent offense by a fine o f $200 and im prison
ment in the county ja il fo r not less than 30 nor m ore than 90
days, and each day after the expiration o f the time lim it fo r abat
ing unsanitary conditions and completing improvements to abate
such conditions as ordered by the state food and drug commis
sioner, shall constitute a distinct and separate offense.
Approved M arch 8, 1909.
C h a p t er
ITS.— Safety
appliances on railroads—Automatic bell
ringers .
Automatic de*
S ection 1. It shall be unlaw ful fo r an [an y ] railroad company
vices required, operating within said State [o f Indiana] to use, or permit to be
used, on their respective lines o f railroad any locom otive which is
not properly equipped w ith an efficient autom atic device fo r ring
ing the bell o f such locom otive, and such device to at all times be
kept in proper w orking order.
Violations.
S ec. 2. Any railroad company violating the provisions of this
act shall be fined in the sum o f not more than three hundred
[dollars] ($300) nor less than one hundred dollars ($100) for
each and every violation thereof.
Approved M arch 8, 1909.
IO W A .
ACTS OF 1909.
C h a p t er 51.— Protection
of employees on street railways—Inclosed
platforms.
Vestibules to
S ection 1. On and after the first day o f October, 1909, every
be mciosea.
person, partnership or corporation ow ning or operating street
Violations.
railw ays in this State shall provide and maintain upon all m otor
cars, except trailers, used fo r the transportation o f passengers,
not now by law required to carry an enclosed vestibule, a trans
parent shield extending the fu ll width o f each car and constructed
in such manner as w ill afford protection to the motorm an and
passengers on the platform o f such m otor car from inclement
weather.
S ec . 2. Failure to com ply w ith the terms o f this act shall be
deemed a misdemeanor, and shall be punished by a fine o f not
less than twenty-five dollars ($25) and each day during w hich any
car shall be operated in violation o f this act shall constitute a
separate offense.
Approved A pril 7, A. D. 1909.
C h a p t er 52.— Safety
appliances on street railways— Power brakes.
Power brakes
S ection 1. Every person, partnership, company or corporation,
required.
owning or operating a street railw ay in this State shall equip
every double-truck passenger car o f thirty-seven
(37) feet and
LABOR LAW S---- IOWA— ACTS OF 1909.
m ore in length over all, or weighing thirty-five thousand (35,000)
pounds or more, purchased, built or rebuilt hereafter, w ith pow er
brakes other than hand capable o f bringing such car to as [a ]
stop w ithin a reasonable distance together w ith equipment fo r
sanding the rails o f any street railway, w hich brake and sand
equipment shall be controlled and operated by the motorman on
said car.
S ec. 2. Any violation o f this section shall be punished by a fine
o f not less than fifty ($50) dollars nor more than one hundred
($100) dollars for each day every such ear is operated in violation
hereof.
Approved April 13, A. D. 1909.
C h a p t e r 124.— Liability
S73
Violations,
of railroad companies for injuries to em
ployees.
S ection 1. T he law as it appears in section tw enty hundred
and seventy-one (2071) o f the Supplement to the Code, 1907,
[shall] be amended by adding a fter the period a t the end o f said
section the follow in g :
In all actions hereafter brought against an y such corporation
Comparative
to recover damages fo r the personal in ju ry or death o f any em- negligence,
ployee under or by virtue o f any -of the provisions o f this section,
the fa ct that the em ployee m ay have been guilty o f contributory
negligence shall not bar a recovery, but the damages shall be
dim inished by the ju ry in proportion to the amount o f negligence
attribu table to such em ployee: Provided, That no such em ployee
Defenses
w ho m ay be in ju red o r killed shall be held to have been guilty o f barred,
•contributory negligence in any case where the violation b y such
common carrier o r corporation o f any statute enacted fo r the
sa fety o f employees contributed to the in ju ry or death o f such
em p loyee; nor shall it be auy defense to such action that the
em ployee w ho w as injured or killed assumed the risks o f his em
ployment.
Approved M arch 25, A. D . 1909.
C h a p t er 126.— Safety
appliances on railroads— Switching engines.
S ection 1. It shall be unlaw ful fo r any railw ay o r terminal
L i g h t s re
transfer company, or any corporation operating locom otives i n quired*
sw itching or yard service, to operate, or permit the same to be
operated, unless said locom otives are equipped w ith headlight on
both fron t and rear o f engine, when operated between sunset and
sunrise, and all such engines shall be equipped w ith a footboard o f Footboards,
substantially uniform height, w idth and length, securely fastened
an d firm ly braced to the pilot beam in fron t o f engine, and a
sim ilar footboard on rear o f tank o r tender o f engines, upon w hich
em ployees may stand or ride when their duties require them so
to do, and that a substantial grab rail or rod be securely fastened Grab rails,
upon said pilot beam at each end and in the center, at a con
venient height fo r employees to reach and hold onto w ith their
hands, said rod to extend across the fu ll length o f the said pilot
beam, and also across the rear end beam o f said tank or ten d er:
Provided , That the provisions o f this statute shall not apply to
sw itching or yard service at stations or places w here regular
switch engines are not employed exclusively as sw itch engines, or
during a period o f not exceeding twelve (12) hours, when a switch
•engine is being cleaned or washed out, and also sw itching by w ork
trains: And provided further , That where regular sw itch engines
are disabled by accident, or in need o f repairs, or there is an
unusual or unexpected amount o f work, switching, under such
conditions, w ith ordinary engines, fo r a period o f not to exceed
forty-eigh t hours, shall not be considered a violation o f this
statute.
S ec. 2. Any person, railw ay company, terminal transfer or other Violations,
corporation or company who violates any o f the provisions o f sec-
574
B U L L E T IN OF T H E BU REA U OF LABOR,
tion one o f this act shall be deemed guilty o f a misdemeanor and
upon conviction shall be punished by a fine o f not less than fifty
dollars ($50) or m ore than five hundred dollars ($500) fo r any
such violation, and each day that every such engine is operated
shall constitute a separate and distinct violation o f this act.
Approved April 2, A. D. 1909.
Chapter 144.— Bureau
of labor statistics.
Additional Section 1. The law as it appears in section tw enty-four hundred
factory inspect-seventy .seyen (2477) o f the Supplement to the Code, 1907, is
01*
hereby amended by inserting after the w ord “ m on th ” and before
the w ord “ one ” in the eighth line o f said section the fo llo w in g :
“ And if, in the opinion o f the executive council, it is deemed neces
sary, one additional factory inspector may be employed at a salary
incidental ex -of one hundred dollars per m on th ” ; that the section be further
expenses.
amended by striking out o f line twenty-one the w ords “ fifteen
hundred ” and inserting in lieu th ereof the w ords “ tw o thousand ”
Approved M arch 29, A. D. 1909.
Chapter 145.— Employment
of children— Age limit.
Section 1. Section tw enty-four hundred seventy-seven-d
(2 4 7 7 -d ), Supplement to the Code, 1907 [chapter 103, sec. 4, A cts
1906], is hereby amended by adding thereto the fo llow in g :
Proof o f age.
Any officer w hose duty it is to enforce the provisions o f this
act shall have authority to demand o f employers, p roof o f age o f
any child employed in their establishm ent; such p roof shall be an
authenticated birth record, and i f there is no such record, then a
baptismal record fu lly attested, that w ill establish the age o f the
child, and i f there is no such record, a school record that w ill
establish the age o f the child, attested by a superintendent, prin
cipal, or teach er; where no such p roof is obtainable, a parents’
affidavit, together w ith affidavits made by tw o disinterested per
sons, w ho are in no w ay related to either the child or his em
ployers, establishing date o f birth may be accepted, and i f no such
proof is furnished, such child shall forthw ith be dismissed from
his employment.
Approved March 25, A. D. 1909.
C hapter 146.— Employment
of certified mine foremen, etc.
Employment Section 1. The law as it appears in section tw enty-four hundred
required, when, eighty-nine-a ( 2489-a) o f the Supplement to the Code, 1907, [re
lating to the tim e fo r filling vacancies in the position o f mine fore
man, pit boss, or hoisting engineer,] is amended by striking there
from the w ords “ a reasonable time ” as they appear in the eighth
line o f said section and inserting in lieu thereof the w ords “ thirty
days.”
Approved March 25, A. D. 1909.
Chapter 204.— Wages
preferred—In receiverships.
Section 1. Section fou r thousand nineteen (4019) o f the Code
* * when amended, shall read as follow s, v i z :
What wages When the property of any company, corporation, firm or perpreferred.
son shall be seized upon by any process of any court, or placed in
the hands of a receiver, trustee or assignee, or their property shall
be seized by the action of creditors, for the purpose of paying or
securing the payment of the debts of such company, corporation,
firm or person, the debts owing to employees for labor performed
within the ninety days next preceding the seizure or transfer of
such property, to an amount not exceeding one hundred dollars to
each person, shall be a preferred debt and paid in full, or if there
is not sufficient realized from such property to pay the same in
*
LABOR LAW S— IOWA— ACTS OF 1909,
575
full, then after the payment o f costs, ratably out o f the fund re
maining, but such preference shall be ju n ior and inferior to me
chanics’ liens fo r labor in opening and developing coal mines.
S ec . 2.- Section fou r thousand twenty (4020) o f the Code * * *
when amended, shall read as follow s, v i z :
Any employee desiring to enforce his claim fo r wages, at any Procedure,
time after the seizure o f the property under execution or w rit o f
attachment or under any other authority, and before sale thereof
is ordered, shall present to the officer levying on such property or
to such receiver, trustee or assignee, or to the court having cus
tody o f such property or from w hich such process issued, or the
person charged w ith such property, a statement under oath, show
ing the amount due after allow ing all ju st credits and set-offs,
and the kind o f w ork fo r w hich such w ages are due, and when
perform ed; and unless objection be made thereto as provided in
the follow in g section, such claim shall be allow ed and paid to the
person entitled thereto, after first paying all costs occasioned by
the proceeding out o f the proceeds o f the sale o f the property so
seized or placed in the hands o f a receiver, trustee, or assignee,
or court, or the person charged w ith the same, subject, however,
to the provisions o f the preceding section.
S ec . 3. Section fou r thousand twenty-one (4021) o f the Code
* * * when amended shall read as follow s, v i z :
A n y person interested may contest any claim or part thereof C on testin g
by filing objections thereto, supported by affidavit, w ith such claims*
court, receiver, trustee or assignee, and its validity shall be de
termined in the same w ay the validity o f other claim s are w hich
are sought to be enforced against such property, provided that
where the claim is filed w ith a person charged w ith the property
other than the officers above enumerated and a contest is made,
that the cause shall be transferred to the district court, and there
docketed and determined.
Approved M arch 25, A. D. 1909.
C h a p t er 219.—Assumption
of risks .
S ection 1. Section forty-nine hundred and n inety-nine-a-three
(4999-a-3) Supplement o f the Code, 1907, [chapter 181, A cts o f
1907,] is hereby repealed and the follow in g enacted in lieu th ereof:
In all cases where the property, works, machinery, or appli- Defective apances o f an employer are defective or out o f repair, and w here pliancesit is the duty o f the employer from the character o f the place,
work, m achinery or appliances to furnish reasonably safe machin
ery, appliances or place to work, the employee shall not be deemed
to have assumed the risk, by continuing in the prosecution o f the Assum ption
work, grow ing out o f any defect as aforesaid, o f w hich the em- of risks*
ployee m ay have had knowledge when the employer had knowl
edge o f such defect, except when in the usual and ordinary course
o f his employm ent it is the duty o f such employee to make the
repairs, or remedy the defects. Nor shall the employee under
such conditions be deemed to have w aived the negligence, i f any, Waiver,
unless the danger be imminent and to such extent that a reason
ably prudent person w ould not have continued in the prosecution
o f the w o rk ; but this statute shall not be construed so as to in
clude such risks as are incident to the employment. And no con- Contracts,
tract w hich restricts liability hereunder shall be legal or binding.
Approved A pril 16, A. D. 1909.
C h a p t er 232.—Leave
of absence for employees in public service.
S ection 1. Each officer and employee o f the state institutions
L e a v e alunder the control o f the board o f control o f state institutions Iowedwho shall have been in the service o f said State not less than one
year continuously, giving all his or her time to said service, shall
be entitled to a vacation each year on fu ll pay as fo llo w s : A fter Amounts,
having served one year to seven days, and after having served
576
B U L L E T IN OF T H E BU REA U OF LABOR.
tw o years to ten days, and after having served three years to
fourteen d a y s: Provided, however, That the vacations authorized
by this act shall not be taken by any person in any institution
unless the executive officer thereof shall have given to that person
a permit in w riting to take such vacation, specifying in the permit
the days on w hich the vacation may be taken. A copy o f such
permit shall be attached to the pay roll o f the institution for
the month during w hich the vacation w as taken, and the pay roll
shall show the number o f days the person w as absent under the
permit.
To be taken
S ec. 2. It shall be the duty o f the ch ief executive officer o f each
when.
institution to arrange fo r the vacations hereby authorized to be
taken at such times as w ill interfere as little as possible w ith the
w ork o f the institution, and be ju st to the employees.
Application
Sec. 3. This act shall not apply to any officer or other employee
of statute.
who is not required to render service for twelve months each year.
Approved A pril 2, A. I>. 1909.
KANSAS.
AC TS OF 1909.
C haptek 65.—Employment
Age limit.
Night work.
Hours of labor.
Dangerous,
etc., o c c u p a tions*
Certificates
required.
Form.
of children.
S ection 1. No child under fourteen years o f age shall be at any
tim e employed, permitted or suffered to w ork in, or in connection
with, any factory, workshop, not owned or operated by the parent
or parents o f the said child, theater or packing house, or operating
elevators, or in or about any mine. It shall be unlaw ful fo r any
person,' firm or corporation to employ any child under fourteen
years o f age in any business or service w hatever during the hours
in w hich the public school is in session in the district in w hich
said child resides.
S ec. 2. It shall be unlawful for children under sixteen years of
age, who are employed in the several vocations mentioned in this
act, or in the distribution or transmission o f merchandise or messages, to be employed before seven o’clock a. m. or after six
o’clock p. m., or more than eight hours in any one calendar day,
o r more than forty-eight hours in any one week. N o person under
sixteen years o f age shall be employed at any occupation nor at
any place dangerous or injurious to life, limb, health or morals.
S ec. 3. A ll persons, firms or corporations em ploying children in
any 0f th e vocations mentioned in this act under sixteen years o f
age shall be required to first obtain a certificate o f the age o f such
children, based upon th e school census records, the same to be
secured w here possible from the school superintendent, principal
or teacher o f th e school o r other person authorized by the school
board to have charge o f the school census records in the district
o r city wherein such children reside. Said certificate shall be
issued w ithout charge, and shall be substantially in the follow
ing fo r m :
- [ c i t y ] , --------------[coun ty], K a n .,-------------- [da te].
-[fu ll nam e], according to the
T h is certifies th atrecords o f the school census and from all knowledge that I can
obtain, w as b o m ----------------- [ d a y ] , -------------- [m o n t h ],-----------[year],
at ----------------------------, in---------------------county, state o f months o f age. H is
and is now ------------ -years an d[tall— short— m edium ],
(o r her) height is
[heavy— light— m edium ], com plexion
w eight-----[fa ir or da rk ], hair--------------[color], eyes[co lo r], and he resides at No. -street.
( Signature) -[official school position] o f [name o f school] school or district No.
W hen said child’s name and age does not appear on the school
census enumeration o f said city or district, then said firm, person
577
LABOR LAW S— KANSAS— ACTS OF 1909,
or corporation employing suck child shall secure an affidavit from
the parent or legal guardian o f such child, w hich statement shall
contain the facts and data as set forth in the above certificate,
and shall be certified on oath before some officer authorized to
adm inister oaths. Such certificate or affidavit shall be sufficient
protection to the employer o f any child as to the age o f such
child, except when such employer has actual knowledge o f the
falsity o f such certificate, and all such certificates shall be kept
constantly on file in a convenient place, and shall at all times be
open to inspection o f the proper authorities, as provided in this act.
S ec. 4. It shall be the duty o f the state factory inspector, state
inspector o f mines and their deputies to inspect the certificates
hereinabove provided for, to examine children employed in fa c
tories, workshops, theaters, elevators, packing houses and mines
and the vocations mentioned in section 2 o f this act as to their
age, and to file complaints in any court o f competent jurisdiction
to enforce the provisions o f this act, and it shall be the duty o f
the county attorney o f the proper county to appear and prosecute
all com plaints so filed.
S ec . 5. A ny person, firm or corporation employing an y person
or child in violation o f any provision o f this act, or permitting
or conniving at such violation, shall be deemed guilty o f a misde
meanor, and upon conviction thereof shall be fined in a sum not
less than twenty-five dollars nor more than one hundred dollars,
or by imprisonment in the county ja il not less than thirty days
n or m ore than ninety days.
S ec . 6 . Chapter 278, Law s o f 1905, is hereby repealed.
Approved February 9, 1909.
C h a p t e s 119.— Accidents
in factories, on railroads ,
Enforcement,
Violations,
Repeal.
etc.
S ection 1. W herever loss o f life or serious personal in ju ry shall
Accidents to
occur in or about any factory, workshop, w ork yard, mill or o th e r be reported,
industrial establishment, or on any building in course o f construc
tion, or in the operation o f any railroad, street car line, public
works, or in or about any passenger o r freight elevator or other
place, w orks o r yards, where machinery or motive power is used,
by reason o f defects or faults in machinery, appliances, tools, scaf
folding, ropes, cables or other appliances or m aterials used in con
struction or in the operation o f said m achinery or appliances, or
m otive power, so used, it shall be the duty o f the owner, agent,
manager, superintendent, or forem an in charge thereof, within
tw enty-four hours shall Cto] m ail a notice to the state factory
inspector w ith a true and complete statement so fa r as known o f
th e manner in w hich such accident occurred and the cause and
casualties th ereof: Provided, Such statement shall not be compos
tent evidence in any court in this State. I f on receipt and exam- I n v e s t i g a ination o f such statement and in his judgm ent the circu m stan cestionsshall warrant, it shall be the duty o f the state factory inspector
to immediately go or send a deputy to the scene o f such accident
and to make such investigation and recommendations and require
such alterations o f the machinery and appliances causing such
accident as may be necessary to prevent a recurrence o f said acci
dent and fo r the safety and protection o f other persons there em
ployed. In case any person is killed in an accident as described
in the foregoing and a coroner’s inquest is held, the state factory
inspector or his deputy may attend and participate in the inquest,
upon the request o f the coroner and county attorney, and ascer
tain by the testim ony before the coroner the cause o f such acci
dent fo r the purpose o f securing such inform ation as may be neces
sary to prevent a repetition o f such accident.
S ec . 2. The state factory inspector shall incorporate in his anR e p o r t s by
liual report to the governor a report o f said accidents occurring, inspector,
the cause and casualties o f said accidents as ascertained, whether
fatal or nonfatal, and a record o f the recommendations made in
such cases.
578
B U L L E T IN OF T H E BU R E A U OF LABOR,
Sec. 3. Any owner, agent, manager, superintendent or foreman
in charge of properties as described in section 1 of this act, where
accidents shall have occurred,' who shall fa il or refuse to send
such notices and statements and otherwise comply with the pro
visions of this act shall be guilty o f a misdemeanor, and upon con
viction thereof shall be punished by a fine o f not less than one
hundred dollars nor more than five hundred dollars or by impris
onment in ja il not less than thirty days nor more than ninety
days, or by both such fine and imprisonment in the discretion of
the court.
Exemptions.
S ec . 4. Provided, That this act shall not apply to the coal or
Failure
report.
to
salt mines o f this State.
Approved M arch 12, 1909.
C h a p t e r 174.— Mine
regulations— Sprinkling, etc., in dusty mines.
Sprinkling reS ection 1. It shall be the duty o f the m ine boss or agent in
quired.
charge o f any mine where coal dust or any other inflammable
ingredients accum ulate to cause the same to be properly sprinkled
or saturated in either air courses, entries, room s or crosscuts,
or i f im practicable to overcom e such coal dust or other inflam
mable ingredients by sprinkling, then the same shall be removed
and shall not be deposited w here it w ill again be distributed
in the atmosphere by the ventilating currents, or rem oved from
the mine, when in the judgm ent o f the mine inspector it becomes
Enforcement, necessary to do so. It shall be the duty o f the mine inspector
or deputy inspectors to enforce all possible preventive meas
ures necessary to m aintain the safety o f all persons employed in
any mine against the gathering or accum ulation o f any com
bustible m atter that is explosive in its nature, and shall cause
the operator, or whosoever is operating such mine as owners,
lessee, agent, or in any capacity, to im m ediately rem ove any such
' accum ulated matter.
Violations.
Blasting.
S ec. 2. Any owner or lessee who shall neglect or refuse'to com
ply with the provisions o f section 1 o f this act shall be deemed
guilty o f a misdemeanor, and shall be fined in a sum o f not less
than ten dollars nor more than one hundred dollars for each vio
lation of the provisions of said section 1 o f this act.
S ec . 3. It shall be the duty o f the miner to remove the drill
ings from the mouth o f the drill hole to a distance o f n ot less
than fifteen feet before the shots are fired, and no miner shall use
coal drillings fo r tamping shots.
Violations.
S ec . 4. Any miner who shall neglect or refuse to comply with
the provisions of section 3 of this act shall be deemed guilty of
a misdemeanor, and shall be fined in a sum of not less than one
dollar nor more than ten dollars for each violation of said sec
tion 3.
Approved February 26, 1909.
Chaptes
175.— Mine
regulations— Blasting .
S ection 1. It shall be unlaw ful fo r any person or persons engaged in coal mining to use or cause to be used dynamite or
other detonating explosives in the preparation o f any blast or
shot in any coal mine w ithin the State o f K an sas: Provided,
however, That dynamite or other detonating explosives may be
used under such rules and regulations as may be agreed upon be
tween the employer and the employees, same to be approved by
the state mine inspector. A ll rules, regulations and perm its to
use dynamite or other detonating explosives, as herein provided,
shall be in writing.
E ntering
Sec . 2 . It shall be unlaw ful for any person or persons, firm,
m i n e s after corporation or com pany to direct any o f its or their employees
snots.
^0 go into any sinking shaft or development w ork in a coal mine,
after shots have been discharged in w hich dynam ite or other
detonating explosives have been used, before having removed all
Use of dyna-
mite-
579
LABOR LAW S— KANSAS— ACTS OF 1909,
smoke, gases or other unsanitary conditions that may have been
so created by the use o f dynamite or other detonating explosives.
S ec . 3. Any person or persons violating the provisions o f section 1 o f this act shall be deemed guilty o f a misdemeanor, and
upon conviction thereof shall be fined in any sum not exceeding
twenty-five dollars.
Sec. 4. A ny person, persons, firm, company or corporation violating the provisions o f section 2 o f this act shall be deemed guilty
o f a misdemeanor, and upon conviction thereof shall be fined in a
sum not exceeding one hundred dollars.
Approved February 26, 1909.
C h a p t e r 176.— Mine
Violations,
Same,
regulations—Escape shafts.
S ection 1. In all cases where any coal mine heretofore in opera- Time for comtion in this State, w ith its principal or main shaft o f a depth o f pleting shaft
3,000 feet or more, and having no air or escapement shaft other
than its main or principal shaft, the time in which to complete
such air or escapement shaft as required by chapter 304, Law s o f
Kansas, 1905, page 473, [section 4172, Gen. Stat. 1901] is hereby
extended tw o years from the date o f passage o f this act.
Approved February 26, 1909
C h a p t e r 188.— Safety
appliances on railroads—Blocking frogsf etc.
S ection 1. In order to guard against accidental in ju ry to the Frogs, etc., to
employees and others, every railroad company operating a railroad be blocked,
in the State o f Kansas shall cause all its frogs, switches and guard
rails on its track or tracks in this State to be filled, blocked and
guarded in a practical manner.
S ec . 2. A ny such company violating section 1, in addition to its Violations,
liability to any person injured or to his legal representative, shall
be guilty o f a misdemeanor, and upon conviction shall be fined not
less than one hundred dollars nor more than tw o hundred dollars,
and any neglect or failure to com ply with the provisions o f this
act to fill, block or guard any frog, switch or guard rails, as re
quired in section 1 o f this act, fo r a period o f thirty days, shall
constitute a separate offense.
Approved M arch 12, 1909.
C h a p t e r 195.— Protection
of employees on street railways— In
closed platforms, etc.
S ection 1. It shall be unlaw ful fo r any street or interurban car When vesticompany, or other person, association or corporation, who own,
ge|fust be
control or operate any street or interurban car system in whole
or in part within the State o f Kansas, to run or operate its cars
in the regular service o f carrying passengers during the months o f
November, December, January, February and March, without first
providing an enclosed vestibule, which shall provide a sufficient
shelter fo r the m otorm an or other employee used to operate the
propelling power on said car. Said vestibule shall be heated in
the same manner as the interior o f said car at all times. And it is
further provided that a seat shall be furnished fo r the use o f the
motorm an on said car or cars, and said motorman shall be per
mitted to use the same, under reasonable restrictions by said com
pany, when the use o f the same w ill not interfere w ith the proper
perform ance o f his duty.
S ec . 2. E very such street or interurban car company, or other . Toilet faciliperson, association or corporation, who own, control or operate a n y ties<
street or interurban car system in whole or in part within the
State o f Kansas, shall provide and maintain proper toilet facilities
on said interurban cars or at convenient places along its right o f
way, for the use o f its employees and passengers and to w hich such
employees and passengers shall have access.
20092— No. 85— 10------9
580
Violations.
Repeal.
BU LLETIN OP T H E BUKEAU OF LABOR.
S ec . 3. Every corporation, officer, ow ner or manager o f any
such street or interurban car com pany w ho shall fa il or refuse to
com ply w ith the provisions o f this act shall be deemed guilty o f
a misdemeanor, and upon conviction shall be punished by a fine o f
not less than five dollars nor more than twenty-five dollars for
each offense, and the operation o f a car at any one tim e during
any one day in violation o f sections 1 or 2 shall be deemed a
violation o f this act.
S ec. 4. Chapter 172, Law s o f 1897, the same being sections 5959
and 5960 o f the General Statutes o f 1901, are hereby repealed.
Approved February 9, 1909.
C h a p t er 224.— Inspection
of barber shops and public bathrooms.
inspection reS ection 1. In the interest o f the public health, and to prevent
quired.
the gprea<t 0f contagious and infectious diseases, the state board
o f health is charged w ith the sanitary supervision o f all barber
shops, barber schools, public bath houses and public bathroom s in
the State.
B o a r d to S ec. 2. The state board o f health is hereby directed and emmake rules, etc. powered to inspect or cause to be inspected the places mentioned
in section 1 o f this act, and to make such rules and regulations as
are necessary to safeguard the public health and to prevent the
spread o f contagious or infectious diseases, w hich rules and regu
lations shall be published in the official state paper, and any perViolations
son v *olatin& any sucJl rules or regulations, when made and pub
lished in the official state paper, shall be guilty o f a misdemeanor,
and upon conviction shall b e fined a sum not to exceed fifty dollars
or less than five dollars.
Approved M arch 5, 1909.
KENTUCKY.
ACTS OF 1908.
C h a p t er 59.— Mine
regulations— Inspectors—Examination etc., of
foremen.
S ection 1. The governor o f this Commonwealth is hereby au
thorized and directed to appoint tw o additional assistant inspect
ors o f mines, who shall hold the office fo r fou r years and until
q u a l i f l c a - their successors are appointed and qualified.
Said assistants shall
LOns*
have a thorough knowledge o f the different systems o f w orking
and ventilating coal mines and o f the nature and properties o f
mine gases, especially explosive gases and dust, and shall have a
thorough and practical knowledge o f mining gained by at least
five years experience at and in coal mines. Said assistant in
spectors, before entering upon the discharge o f their official duties,
shall be sworn to discharge those duties faith fu lly and im partially
and to the best o f their skill and ability, w hich oath shall be certi
fied by the officer adm inistering it, and said certificate shall be
filed w ith the secretary o f state in his office, and each o f said
assistants shall give bond in the sum o f tw o thousand dollars,
w ith surety to be approved by the governor, fo r the faith fu l dis
charge o f his official duties. Each o f said assistants shall give
his entire time and attention to the duties o f his office, w hich shall
consist o f aiding, under the direction o f the ch ief inspector o f
mines, in carrying out and enforcing the provisions o f the laws
relating to the inspection o f mines. H e shall keep a record o f
all inspections made by him and shall make monthly reports o f
the same to the ch ief inspector and he shall at all times in all
things pertaining to the duties o f his office be subject to the orders
o f the ch ief inspector. No assistant inspector shall be interested
In operating any mine in this State and each shall be liable to
dismissal fo r ^willful neglect o f duty, fo r misconduct, or mal
feasance in office. Each assistant inspector shall receive an anAppointment.
LABOR LAW S-----K E N T U C K Y -----ACTS OF 1908.
581
nual salary o f twelve hundred dollars, payable monthly, and shall
likew ise be allow ed and paid his necessary traveling and other
expenses incurred on account o f and when engaged in the dis
charge o f his official duties.
Examination
B ut before any person or persons shall be appointed as such
assistant mine inspector he shall be required to pass a satisfactory required.
examination before the board o f examiners hereinafter named
and shall be required to obtain from such board o f examiners a
certificate duly signed by the members thereof certifying to the
governor that said applicant possesses all o f the qualifications
hereinbefore mentioned.
Sec. 2. The ch ief inspector o f mines and any tw o o f his assist Board.
ants shall constitute a board o f examiners for the examination
o f applicants fo r certificates o f qualification to serve as fore
man in coal mines, said tw o assistants to be designated and
called into service at any time by the said chief inspector; and
said ch ief inspector may on any occasion call any tw o assistant
inspectors he may choose to act upon said board fo r such pur
pose, and at any time when his duty as ch ief inspector o f mines
necessitates his absence from the examination o f applicants, such
applicants may be examined by any tw o assistant inspectors
w hich the ch ief inspector may designate: Provided , H e shall be
careful to designate only such assistants as examiners in his
absence as he shall know to be thoroughly equipped and quali
fied to act as such examiners. Said board shall meet at such
times and places as the ch ief inspector o f mines shall from time
to time order, and fo r their services as examiners they shall
receive no extra compensation, but only the salary and traveling
expenses as now provided by law, that is, their services as ex
am iners shall be reckoned and in fa ct shall be considered and
treated as part o f the duties o f their office.
S ec . 3. Six months after this act goes into effect, no owner, Mine foremen
lessee, or operator o f a coal mine in w hich as many as ten per to have certifi
sons are em ployed at one time shall employ as mine forem an any cates.
person w ho has not been granted a certificate o f qualification
to the effect that he has been examined by the board o f examiners
provided fo r in the preceding section o f this act and has been
found fit and competent as herein required; and said board o f
exam iners shall in no event grant any certificate to any person
w ho does not satisfy said board that he is a person o f good m oral
character and o f his sobriety, and that he possesses a thorough
knowledge o f the different systems o f w orking and ventilating
coal mines and o f the nature and properties o f mine gases, dust
and fire damp, and shall have a thorough and practical knowl
edge o f m ining gained by at least five years’ experience in and
at m ines: Except and provided, That any person w ho fo r fou r
years prior to the passage o f this act has served as mine fore
man or assistant mine forem an in coal mines m ay upon applica
tion therefor and upon satisfactory evidence presented to said
board o f exam iners as to his term o f service and as to his char
acter fo r m orality and sobriety, be granted a certificate o f quali
fication w ithout such examination, w hich certificate shall be
known as a “ service certificate ” and shall be so designated on
its face. Each applicant for examination shall, before he is ex
amined, pay a fee o f tw o dollars and fifty cents to the auditor
o f public accounts, who shall issue his receipt therefor, w hich
receipt the applicant shall present to the ch ief inspector o f mines
or to such member o f the board a s may a t any time be designated
to receive the same, and each applicant for a “ service certificate ”
shall likew ise pay a fee o f tw o dollars and fifty cents to the
auditor o f public accounts and shall likewise present the auditor’s
receipt before such certificate may be issued to h im ; and all fees
so paid shall be turned into the treasury to the credit o f the
general-expenditure fund. The ch ief inspector shall keep a record
o f all proceedings o f the board, including the names and addresses
o f persons who apply fo r exam ination or fo r “ service certificates,”
and o f the certificates that have been granted; and the board is
582
BULLETIN OF TH E BUREAU OF LABOR.
hereby authorized to cancel any certificate upon satisfactory
evidence that the person to whom it has been issued has been
guilty o f violating instructions to com ply w ith the requirements
o f the m ining laws, or who has proven inefficient. The certifi
cate to be granted to applicants w ho pass the exam ination herein
provided for, shall in substance state that the applicant has been
examined under the provisions o f this act and has been found
to possess the qualifications required by law. The ch ief inspector
shall form ulate the necessary blank certificates and cause same
to be printed by the public printer in such quantities as may be
needed from tim e to time.
Shotfirers.
S ec. 4. In all coal mines in this State in w hich as many as ten
persons are usually employed a t one time, wherein explosive gases
are known to generate or exist in dangerous quantities, or coal
dust is known to accum ulate or exist in dangerous quantities, the
owner, lessee or operator shall, when so ordered by the ch ief in
spector o f mines, or by an assistant inspector o f mines, when ap
proved by the ch ief inspector, employ and keep a sufficient number
o f practical and experienced men, to be known and designated as
“ shot firers ” w hose exclusive duty it shall be to set off and dis
charge the shots in all blasting in the w orkings o f the said mines,
but no “ shot firer ” shall fire any shot w hich in h is judgment,
after due inspection, shall not be a w orkm anlike and practical
shot.
N o t i c e of
S ec. 5. Said shot firers shall im mediately after the com pletion
iiots.
o f their w ork post a notice in a conspicuous place at the mines in
w hich shall be indicated the number o f shots fired also the number
o f shots they did not fire, i f any, specifying the number o f the room
and the designation o f the entry, and give their reasons fo r not
firing the same. The owner or operator o f said mines shall provide
reasonable and proper means fo r posting said notice. Said “ shot
firers ” shall also keep a daily permanent record in a book, to be
furnished them by said owner or operator, in w hich they shall
enter the number o f shots or blasts fired, the number o f shots or
blasts failin g to explode, the number o f “ blow n-out ” shots, and
the number o f shots or blasts that in their judgm ent w ere not
properly prepared and w hich they refused to fire, giving their
reasons fo r the same. Said records shall be in the custody o f
the mine manager or superintendent and shall be available to
inspection at all reasonable times by parties interested, and shall
be open fo r inspection by the ch ief inspector o f m ines and the
assistant inspectors. Said “ shot firers ” shall be treated and
considered as employees and agents o f said ow ner o r operator.
Firing shots.
S ec. 6. Said “ shot firers ” shall n ot do any blasting or exploding
o f shots or firing whatever until each and every miner and em
ployee is out o f the mine, except said “ shot firers,” mine super
intendent, mine manager, mine forem an, and the person or persons
necessarily employed in charge o f pumps and stables in said
mines, and any person in said mine, whose duty it is to go out
o f said mine before said firing, blasting and exploding takes place
under the provisions o f this act w ho w illfu lly fa ils or refuses to
go out o f said mine as herein provided shall be fined in any sum
not exceeding fifty dollars in the discretion o f the court or ju ry.
Timbers.
S ec. 7. Each owner, lessee or operator o f every mine to which
the m ining law s o f the State apply, shall provide and furnish to
the miners employed in-said mine a sufficient num ber o f caps and
props, said props to be sawed square a t each end, to be used by
said miners in securing the ro o f in their rooms, and at such other
w orking places w here by law or custom o f those usually engaged
in such employm ent it is the duty o f said miners to keep the r o o f
propped, a fter the miner has selected and w orked the same.
Violations.
S ec. 8 . Except as herein otherwise provided, any w illful neglect
or failure or refusal o f any owner, lessee, or operator o f a coal
mine, or o f any person employed in such mine, to comply with the
provisions o f this act affecting such owner, lessee, operator, or
person, or any attempt to obstruct or interfere with any person in
the discharge of the duties imposed upon such person, shall be
LABOR LAWS---- K E N TU C K Y-----ACTS OF 1908,
583
deemed a misdemeanor, punishable by a fine o f not less than one
hundred dollars and n ot more than tw o hundred dollars.
Approved M arch 20, 1908.
C h a p t e r 63.— Mines—Investigation
of gases, etc.
S ection 5. * * * A s a contribution tow ard a better knowlScope
edge o f the requirements fo r the safe w orking o f the mines o f the survey.
State, the technological w ork o f the [state geological, topograph
ical, and agricultural] survey shall include an investigation o f
mines, gases and coal dusts and o f such other matters as are ap
propriate, to such extent as the means o f the survey m ay permit.
Approved M arch 25, 1908.
C h a p t e r 66.—Employment
of
of children— Age limit—Inspection of
factories.
S ection 1. No child under fourteen years o f age shall be em- Age limit,
ployed, perm itted or suffered to w ork in or in connection w ith any
factory, workshop, mine, mercantile establishment, store, business
office, telegraph office, restaurant, hotel, apartment house or in the
distribution or transmission o f m erchandise or messages. It shall
be unlaw ful fo r any person, firm or corporation to employ any
child under fourteen years o f age in any business or service w hat
ever, during any part o f the term during w hich the public schools
o f the district in w hich the child resides are in session.
Sec. 2. No child between fourteen and sixteen years o f age shall
Certificates,
be employed, permitted or suffered to w ork in any factory, w ork
shop, mine, or m ercantile establishment, unless the person or cor
poration em ploying him procures and keeps on file and accessible
to the truant officers o f the town or city, and to the labor inspector,
an employment certificate as hereinafter prescribed, and keep tw o
com plete lists o f all such children employed therein, one on file and
one conspicuously posted near the principal entrance o f the build
ing in w hich such children are employed. On term ination o f the
employment o f a child so registered, and w hose certificate is so
filed, such certificate shall forth w ith be surrendered by the em
ployer to the child or its parent or guardian or custodian. The File,
labor inspector may make demands on an employer in whose estab
lishment a child apparently under the age o f sixteen years is
employed or permitted or suffered to work, and whose employment
certificate is not then filed as required by this act, that such em
ployer shall either furnish him w ithin ten days, evidence satis
fa ctory to him that such child is in fa c t over sixteen years o f
age, or shall cease to employ, or perm it or suffer such child to
w ork therein. The labor inspector m ay require from such em
ployer the same evidence o f age o f such child as is required on the
issuance o f an employment certificate, and the employer furnish
ing such evidence shall not be required to furnish any further
evidence o f the age o f the child. In case such employer shall fa il
to produce and deliver to the inspector within ten days after such
demand such evidence o f age herein required o f him, and there
after continue to employ such child, or perm it or suffer such child
to w ork in such establishment, p roof o f the giving o f such notice
and o f such failure to produce and file such evidence shall be
prima fa cie evidence in any prosecution brought fo r violation o f
the provision that such child is under sixteen years o f age and is
unlaw fully employed.
S ec . 3. A n employm ent certificate shall only be approved by the
Who may apsuperintendent o f schools or by a person authorized by him in Prove*
writing, or, where there is no superintendent o f schools, by a
person authorized by the school boa rd : Provided, That no mem
ber o f a school board or other person authorized as aforesaid shall
have authority to approve such certificate fo r any child then in
or about to enter his own employment, or the employment o f a firm
or corporation o f w hich he is a member, officer or employee.
584
Evidence.
BULLETIN OF TH E BUREAU OF LABOR.
Sec. 4. The persons authorized to issue employment certificates
shall not issue such certificates until he has received, examined,
approved, and filed the follow in g papers duly execu ted: (1 ) The
school record o f such child properly filled out and signed as pro
vided herein below. (2 ) A passport or duly attested transcript
o f the certificate o f birth or baptism or other religious record,
showing the date and place o f birth o f such child. A duly at
tested transcript o f the birth certificate filed according to law
w ith any officer charged w ith the duty o f recording births, shall be
sufficient evidence o f the age o f such child. (3 ) The affidavit o f
the parent, guardian or custodian o f a child, w hich shall be re
quired, however, only in case such last-mentioned transcript o f
the certificate o f birth be not produced and filed, showing the place
and date o f birth o f such ch ild ; w hich affidavit must be taken
before the officer issuing employment certificates, w ho is hereby
authorized and required to administer such oaths, and who shall
not demand or receive a fee therefor. Such employm ent certificate
shall not be issued until such child has personally appeared before
and been examined by the officer issuing the certificates, and
until such officer shall, after m aking examination, file and sign in
his office a statement that the child can read and legibly w rite
simple sentences in the English language and that in his opinion
the child is fourteen years o f age or upward and has reached the
norm al development o f a child o f its age, and is in sound health
and is physically able to perform the w ork w hich it intends to do.
In doubtful cases such physical fitness shall be determined by a
m edical officer o f the board or department o f health, or by the
county physician. E very employment certificate shall be signed
in the presence o f the child in whose nam e it is issued.
D e s c r iption
S ec. 5. Such certificate shall state the date and place of birth of
o f child.
the child, and describe the color o f the hair and eyes, the height
and weight and any distinguishing facial marks o f such child, and
that the papers required by the preceding section have been duly
examined, approved and filed and that the child named in such
certificate has appeared before the officer signing the certificate
and has been examined.
Sec. 6. The school record above mentioned shall be signed by the
School record.
Reports.
principal or chief teacher o f the school w hich such child has last
attended and shall be furnished, on demand, to a child entitled
thereto. It shall contain a statement certifying that the child
has regularly attended the public schools or schools equivalent
thereto or parochial schools for not less than one hundred days
during the school year previous to his arriving at the age o f fou r
teen years or during the year previous to applying fo r such school
records, and is able to read and w rite simple sentences in the
English language, and has received during such period instruction
in reading, spelling, w riting and geography and is fam iliar with
the fundamental operations o f arithm etic up to and including
common fractions. Such school record shall also give the age and
residence o f the child, as shown on the records o f the school and
the name o f its parent, or guardian or cu stod ia n : Provided, That
upon the filing w ith the person authorized to issue employment
certificates o f the affidavit o f the applicant or o f his or her parent,
guardian or custodian, showing that diligent effort has been made
to obtain the school record hereby required and that it can not be
obtained, then the person authorized to issue the certificate may
issue such a certificate w ithout having received such school record,
but it shall be his duty, in such case, to examine the applicant as
to his or her proficiency in each o f the studies mentioned in this
section; and in such case the employment certificate shall show
that such exam ination w as had in lieu o f the filing o f the school
record.
Sec. 7. The local board o f education or the school board o f a
city, tow n or district, as the case may be, shall transm it between
the first and tenth o f each month, to the office o f the labor in
spector, a list o f the names o f the children to whom certificates
have been issued during the previous month.
LABOR LAW S---- K E N T U C K Y -----ACTS OF 1908,
585
S ec . 8. No person under the age o f sixteen years shall be emHours of laployed or suffered or permitted to w ork at any gainful occupation k°r of children,
more than sixty hours in any one week, not [sic] nor more than
ten hours in any one d a y ; or before the hour o f seven o ’clock in
the morning or after the hour o f seven in the evening. Every Night work,
employer shall post in a conspicuous place in every room where
such minors are employed a printed notice, stating the hours
required o f them each day o f the week, the hours o f commencing
and stopping w ork and the hours when the time or times allowed
fo r dinner or fo r other meals begin and end. The printed form
o f such notice shall be furnished by the state labor inspector, and
the employment o f any minor for longer time in any day so stated
shall be deemed a violation o f this section.
S ec. 9. W hoever employs a child under sixteen years o f age, Violations,
and whoever having under his control a child under such age
permits such child to be employed in violation o f section one, two
or eight o f this act, shall, for such offense, be fined not more than
fifty dollars, and whoever continues to employ any child in viola
tion o f either o f said sections o f this act after being notified by
a truant officer or a labor inspector thereof, shall fo r every day
thereafter that such employment continues, be fined not less than
five nor m ore than twenty dollars. A failure to produce to a
truant officer or labor inspector any employment certificate or list
required by this act shall be prima facie evidence o f the illegal
employment o f any person whose employment certificate is not
produced, or whose name is not so listed. Any corporation or
employer retaining employment certificates in violation o f section
tw o o f this act shall be fined ten dollars. Every person author
ized to sign the certificate prescribed by section five o f this act,
who knowingly certifies to any materially false statement therein
shall be fined not m ore than fifty dollars, nor less than ten dollars.
Sec. 10. Truant officers may visit the factories, workshops,
Enforcemines, and mercantile establishments in their several towns and ment.
cities and ascertain whether any minors are employed therein
contrary to the provisions o f this act, and they shall report any
cases o f such illegal employment to the superintendent o f schools
and to the labor inspector. Labor inspectors and truant officers
may require that the employment certificates and lists provided
fo r in this act, o f minors employed in such factories, workshops,
mines or mercantile establishments, shall be produced fo r their
inspection. Complaints for offenses under this act shall be
brought by the labor inspectors.
S ec . 11. No child under the age o f sixteen years shall be emCertain em
ployed at sewing belts, or to assist in sewing belts, in any capacity fJibft?<JntS pro"
whatever, nor shall any child adjust any belt to any m achinery;
they shall not oil or assist in oiling, w iping or cleaning m ach in ery;
they shall not operate, or assist in operating circular or band saws,
w ood shapers, wood joiners, planers, sandpaper or wood-polishing
machinery, emery or polishing wheels used fo r polishing sheet
metal, w ood turning or boring machinery, stamping machines in
sheet metal and tinw are manufacturing, stamping machines in
washer and nut factories, operating corrugating rolls, such as are
used in roofing factories, nor shall they be employed in operating
any steam boiler, steam machinery, or other steam generating
apparatus, or as a pin boys in any bow ling a lley ; they shall not
operate or assist in operating dough brakes, or cracker machinery
o f any description, w ire or iron straightening machinery, nor shall
they operate or assist in operating rolling mill machinery, punches
or shears, washing, or grinding or m ixing mills, or calendar rolls
in rubber manufacturing, nor shall they operate or assist in
operating laundry machinery, nor shall such children be employed
in any capacity in preparing any composition in w hich dangerous
or poisonous acids are used, and they shall not be employed in
any capacity in the m anufacture o f paints, colors or w hite lead,
nor shall they be employed in any capacity w hatever in operating
or assisting to operate any passenger or freight elevator, nor shall
they be employed in any capacity whatever in the manufacture
586
BULLETIN OE TH E BUREAU OP LABOR,
o f goods fo r im m oral purposes, nor in any theater, concert hall,
or place o f amusement wherein intoxicating liquors are sold, nor
shall fem ales under sixteen years o f age be employed in any
capacity w here such employm ent com pels them to remain standing
constantly. N or shall any child under sixteen years o f age be
employed at any occupation dangerous or injurious to health or
morals, or to lives or limbs, and as to these matters, the decision
o f the county physician or city health officer, as the case may be,
shall be final.
Sec . 12. I t shall be the duty o f the ow ner o f any m anufacturing
Guards f o r
dangerous ma establishment, where any person under sixteen years o f age is
chinery.
employed, his agents, superintendents or other persons in charge
o f same, to furnish and supply, when practicable, or cause to be
furnished and supplied to him, belt shifters or other safe mechan
ical contrivance fo r the purpose o f throw ing belts on or off
pu lleys; and, whenever practicable, m achinery therein shall be
provided w ith loose belts. A ll vats, pans, saws, planes, cogs,
gearing, belting, set screws and m achinery o f every description
therein, w hich is palpably dangerous, w here practicable, shall
be properly guarded; and no person shall rem ove or make inef
fective any safeguard around or attached to any planer, saw,
belting, shafting or other machinery, or around any vat or pan,
w hile the same is in use, unless fo r the purpose o f im mediately
m aking repairs thereto, and all such safeguards shall be promptly
replaced. No person under eighteen years o f age shall be allow ed
to clean machinery w hile in motion.
Wash rooms,
S ec. 13. Suitable and proper wash room s and water-closets shall
etc.
be provided in each m anufacturing establishment, where any
person under sixteen years o f age is employed, and such waterclosets shall be properly screened and ventilated and be kept at
all times in a clean condition ; and i f girls under sixteen years
o f age be employed in any such establishment, the water-closet
shall have separate approaches and be kept separate and apart
from those used by men. A ll closets shall be kept free from
obscene w riting and marking. A dressing room shall be provided
fo r such girls when the nature o f their w ork is such as to require
any change o f clothing.
S ec. 14. Every person, firm, corporation, association, individual
Seats for fe
rn a 1 e
e m - or partnership em ploying girls under sixteen years o f age in any
ployees.
manufacturing, mechanical or mercantile industry, laundry, w ork
shop, renovating works, or printing offices in this Commonwealth,
shall provide seats fo r the use o f the girls so employed, and shall
perm it the use o f such by them when not necessarily engaged in
the active duties fo r w hich they are employed.
S ec. 15. The w alls and ceilings o f each room in every manu
Walls to be
l i m e w a s h e d , facturing establishment w here any person under sixteen years o f
etc.
age is employed shall be lim ewashed or painted, when, in the
opinion o f the labor inspector, it shall be conducive to the health
or cleanliness o f the persons w orking therein.
E n force
Sec. 16. Grand ju ries shall have inquisitorial pow ers to investi
ment.
gate violations o f this a c t; also shall county judges and circuit
judges, and judges o f the circu it courts o f the State shall specially
charge the grand ju ry at the beginning o f each term o f the court
to investigate violations o f this act.
S ec. 17. A copy o f this act shall be conspicuously posted and
Law to be
posted.
kept in each workroom o f every m anufacturing establishment,
mill, mine or workshop or mercantile or printing establishment,
theater, bow ling alley, telegraph, telephone or public messenger
company or laundry in this Commonwealth.
S ec. 18. Any adult person w ho violates any o f the provisions o f
Violations.
this act or who suffers or permits any child to be em ployed in
violation o f its provisions, shall be deemed guilty o f a misde
meanor, and on conviction, unless otherwise herein expressly pro
vided, shall be punished by a fine o f not m ore than fifty dollars
and not less than twenty-five dollars fo r the first offense, and for
each subsequent offense by imprisonment fo r not m ore than ninety
days and not less than ten days, or by a fine o f not less than fifty
587
LABOR LAW S---- K E N T U C K Y -----ACTS OF 1908,
dollars nor m ore than tw o hundred dollars, or by both fine and
imprisonment.
Sec. 20. This act shall operate and be construed as a repeal o f
an act * * * [chapter 16, A cts o f 1902], and as a repeal o f
an act * * * [chapter 52, A cts o f 1906], and all other law s
and parts o f laws in conflict w ith the provisions o f this act are
hereby repealed.
A pproved M arch 18, 1908.
Repeals.
L O U IS IA N A .
AC TS O F 1908.
A ct N o. 81.—Interest
to
be
paid on employees' deposits.
S ection 1. A ll corporations, firms and individuals doing busi
Rate o f inter
ness in this State requiring o f its or their employees a cash deposit est required.
as a guarantee fo r the faith ful perform ance o f the duties imposed
upon such employees, shall pay to such employee in cash interest
at the rate o f not less than fou r per cent per annum on the cash
sum so deposited.
Approved June 20, 1908.
A ct N o. 73.— Inspection
of factories, etc.—Doors to open outwardly.
S ection 1. A ll the doors for ingress and egress to * * * fa c D o o r s to
tories w ith more than twenty employees * * * shall be so open outward
swung as to open outw ardly from the * * *
w orkshops; but ly.
such doors m ay be hung on double-jointed hinges, so as to open
with equal ease outw ardly or inwardly.
Sec. 2. The provisions o f this act shall apply to all buildings Allowance of
and houses w ithin its terms, erected after its passage, from the time.
date it becomes in force. A s to all such buildings and houses
h eretofore erected, said provisions shall be applied from and
after the expiration o f six months from the date when this act
became, operative.
Sec. 3. * * * The owner o f any * * * factory, failin g to Violations.
com ply w ith the provisions o f this act or to have same com plied
w ith as relates * * * to such building or buildings owned by
them, shall be guilty o f a misdemeanor and upon conviction shall
be fined not less than ten dollars nor m ore than one hundred
dollars, •and upon failure to pay such fine and costs shall be im
prisoned in the parish ja il fo r a period not exceeding (90) ninety
days.
Sec. 4. Provided , That this act shall not apply to factories, Sliding doors.
cotton seed oil m ills and other like establishments where the doors
fo r the purpose o f protection against fire, are so arranged as to
slide back and forth on rollers.
Approved June 30, 1908.
A ct 155.—Bureau
of lahor and industrial statistics.
Section 1. The governor, shall, by and w ith the advice and con
Commission
sent o f the senate, appoint some suitable person w ho shall be er.
designated “ Commissioner o f Labor and Industrial Statistics,”
w ith headquarters in such place as the governor shall designate,
and who shall hold his office fo r a term o f fou r (4 ) years.
Sec. 2. The duties o f such commissioner shall be to collect, Duties.
assort, systematize and present in annual reports to the governor,
and to be by him biennially transmitted to the legislature within
ten days after the convening thereof every tw o years, statistical
details, relating to all departments o f labor in the State, especially
in its relations to the commercial, industrial, social, educational
and sanitary condition o f the laboring people; and to the per
manent prosperity o f the productive industries o f the State, and
also inquire into the immediate causes o f strikes, lockouts or other
disturbances o f the relations between employers and employees.
588
Power.
Deputies.
BULLETIN OF T H E BUREAU OF LABOR,
Sec. 3. The com m issioner shall have pow er to take and preserve
evidence, exam ine witnesses under oath, and administer the same,
and in the discharge o f his duties, may enter any public institu
tion o f the State, and* at reasonable hours when open fo r business,
any factory, mill, workshop, store or other places where labor may
be employed. H e shall have power to appoint such deputies as
he may deem necessary and all inspectors [inspections], authorized
by law, o f factories, mills, workshop, store or other places where
labor is employed shall be made by said commissioner or his depu
ties. It shall be the duty o f the commissioner and his deputies to
enforce all laws regulating or dealing w ith the employment o f
labor o f any kind, and to prosecute all persons, firms or corpora
tions violating the same. In the city o f New Orleans, the mayor,
w ith consent o f the council shall appoint a factory inspector w ho
may be either m ale or female.
Duty of offi
Sec. 4. A ll state, parochial, municipal and town officers, are
cers.
hereby directed to furnish to said commissioner, upon his request,
all statistical information in reference to labor and industries,
which may be in their possession as such officers.
Hinderin,
S ec. 5. Any person who shall willfully impede or prevent the
commissioner. commissioner or his deputies in the full or free performance of
his or their duties, shall be deemed guilty of a misdemeanor and
upon conviction of the same shall be fined not less than five (5)
dollars nor more than twenty-five (25) dollars or be imprisoned
not less than five (5 ) days nor more than twenty-five (25) days in
the parish jail, or both at the discretion o f the court.
Salary.
Sec. 6. The commissioner shall receive a salary o f fifteen hun
Exemption.
dred ($1500) dollars per annum, he shall employ a secretary at a
salary o f one thousand ($1000) dollars per annum and shall be
allow ed the sum o f one thousand ($1000) dollars per annum for
all necessary expenses attendant upon the duties o f his office, all
o f which amounts shall be payable monthly out o f the general
fund, upon the wrarrant o f the said commissioner.
Sec. 9. Nothing in this act shall be construed as relating to
sugar industries or sugar m ills outside o f any city or tow n in this
State.
Approved July 2, 1908.
A ct No. 178.— Examination ,
Board.
etc., of electricians.
Section 1. The governor shall within, thirty (30) days after the
passage o f this act, appoint in each city therein o f m ore than fifty
thousand (50,000) inhabitants, a board w hich shall be known as
the Board o f Electrical Exam iners and Supervisors, consisting o f
five qualified electors fo r the purpose o f exam ining into the quali
fications and capabilities o f master electricians, as defined by sec
tion 5 o f this act.
The members o f the boards so appointed shall be competent prac
tical electricians, and shall be selected as fo llo w s : One (1 ) from
nomination made by the oldest established electrical contractors’
association o f each city, one (1 ) from nom ination m ade by the
commissioner o f police and public buildings, one (1 ) from nomina
tion made by the fire marshal, and one (1 ) from nom ination made
by local “ International Brotherhood E lectrical W orkers,” inside
wiremen, and these fou r shall select a fifth member from among
the local established electrical engineers. A m ajority o f said
board shall constitute a quorum to transact the business thereof.
Unless removed fo r cause, the term o f office o f the members o f the
first number so appointed shall be as fo llo w s : The nominee from
the fire m arshal one (1 ) y ea r; nominee from the electrical con
tractors’ association, tw o (2 ) yea rs; the nominee o f the commis
sioner o f police and public buildings, one (1 ) y e a r; nom inee from
the local I. B. E. W., inside wiremen, tw o (2 ) years, the fifth
member selected shall serve one year. Should any vacancy occur
from any cause, during the term o f any board as herein provided,
the governor shall appoint some one from nom inations made as
LABOR LAW S— LOUISIANA— ACTS OF 1908.
589
above provided to fill such vacancy, and this in such manner that
the various boards shall continue to be constituted as herein pro
vided. The governor shall have fu ll power to remove any member
o f the board fo r incompetency or im proper conduct upon satis
factory evidence being presented to him o f such condition.
Sec. 2. The members of said board shall respectively take and Oath,
subscribe the oath required of state officers. They shall have the Organization.,
power to elect out of their number, a president, a secretary and a
treasurer; to adopt such rules and by-laws for the transaction of
the business of the board as they may deem expedient.
Sec. 3. Each member o f said board shall receive a compensation
Compensa<
o f five dollars ($5) per day for actual service in attending m eetin gstion*
o f the board, w hich compensation shall be paid out o f any moneys
in the hands o f the treasurer o f said boa rd : Provided, That the
secretary o f said board may receive such additional compensation
as the board m ay deem ju st and reasonable and for w hich the by
law s o f the said board may provide. In no event however shall
the compensation o f the members o f the said boards or o f their
secretaries be paid out o f the funds in the state treasury or become
a charge against the State.
Sec. 4. Said boards shall meet at least once each month in their Meetings,
respective domiciles, and shall hold special meetings as frequently
as the proper and efficient discharge o f their business shall require,
and each board shall adopt rules and regulations fo r the exam
ination o f master electricians as herein defined and when so
adopted, such rules and regulations shall have the same force and
effect as i f herein contain ed; and the rules o f said board shall also
provide fo r the giving o f tim ely notice o f such meetings to all
those w ho shall have made application fo r a license as herein
provided and said board shall give in w riting to the commissioner
o f police and public buildings a detailed statement o f all licenses
issued, renewed, or revoked at any meeting o f said board. A
m a jority o f its members shall organize each o f such boards and
constitute a quorum for the transaction o f its business.
Sec. 5. The term “ master electrician ” as used in th is act shall
Master elecbe so defined as to include any and all persons, firms and corpora- tricians.
tion s engaged in the business o f or holding themselves out to the
public as engaged in the business o f installing, erecting or repair
ing, or contracting to install, erect or repair electric w ires or con
ductors to be used fo r the transmission o f electric current fo r
electric light, heat or power purposes, or mouldings, ducts, race
w ays or conduits, together w ith fittings fo r same fo r the recep
tion or protection o f such w ires and conductors, or to electrically
connect electric w ires or conductors together, or to any electrical
m achinery apparatus device fittings or fixtures to be used fo r
electric light, heat or power purposes.
A license o f “ master electrician ” issued or granted under and License,
in accordance with the provisions of this act, shall entitle any
such person, firm or corporation so licensed to engage in the
business of installing, erecting and repairing, and of contracting
to install, erect and repair any electric wires or conductors to be
used for the transmission o f electric current for electric light,
heat or power purposes and any mouldings, ducts, raceways and
conduits, together with fittings for same to be used for the recep
tion and protection of such wires and conductors together and to
any apparatus, devices, fittings or fixtures to be used for electric
light, heat or power purposes.
Sec. 6. B efore any person [,] firm or corporation shall hereafter engage in the business o f a master electrician as defined in
section five (5 ) o f this act, and before any person, firm or corpora
tion now so engaged in said business or any branch or class
thereof, shall continue in said business o f “ master electrician,”
such person firm or corporation shall apply to said board for a
license to practice as “ master electrician,” and the applicant, i f
a person, or if a corporation, one o f the officers or a representative
and agent thereof, to be designated by said corporation s; or i f a
firm, one o f the members thereof shall present him self before the
Examination,
590
BULLETIN OF TH E BUREAU OF LABOR,
said board at a tim e and place fixed by the said board. I f the
board shall find upon due examination, that the applicant pre
senting him self is o f good m oral character has a satisfactory
knowledge o f electricity and the natural laws appertaining to and
governing the same and o f the use and functions o f electric wires,
appliances and devices fo r electric light, heat and pow er pur
poses and is possessed o f skill and knowledge in all matters per
taining to the business o f a “ master electrician ” as defined in
section five (5 ) o f this act the said board, upon payment o f the
fee and upon giving the bond hereinafter provided for, shall
issue to the said person, firm or corporation a license as “ master
electricia n ” to practice said business fo r a term o f one (1 ) year,
and shall register such person, firm or corporation as duly licensed
“ master electrician.”
Proviso.
Provided, That no license shall be granted to any person under
the age o f twenty-one (21) years, nor shall any license be granted
to any person w ho has not taken and subscribed an oath that he,
‘ or in case o f a corporation, one o f the principal officers or the
representative and agent thereof and, in the case o f a firm, one
Experience. 0f the members thereof, has had at least three (3 ) years actual
experience as a “ master electrician ” w ithin the term s o f this act
or as an electrical workman, in such class or classes o f electrical
business or w ork as, in the opinion o f the board shall have prop
erly fitted the applicant fo r a license as “ m aster electrician.”
Fee.
Provided further , That each applicant a t the tim e o f filing his,
their or its application, shall pay to the secretary o f said state
board o f electrical examiners, the sum o f twenty-five dollars
Bond.
($25) : And provided moreover, That every person, firm or cor
poration before receiving a license shall make, execute and deliver
a bond to the State o f Louisiana in the fu ll sum o f twenty-five
hundred dollars ($2,500) w ith sufficient surety or sureties to be
approved and filed w ith the state board o f electrical exam iners
the bond to save harmless the ow ner or real party in interest in
the property fo r w hich any such m aterial is furnished, or service
perform ed, against loss or damage w hich shall arise by reason o f
the w ork done or m aterial furnished being in violation o f and
below the standard o f the current edition o f the national electric
cod e; but action can be m aintained thereon in the name o f such
owner or real party in interest only, if commenced w ithin one (1 )
year from and after the date o f the installation o f the m aterials
furnished or perform ance o f such w ork or service.
When, however, the m aterial furnished, or w ork done, or service
perform ed, shall have been inspected, and a written or printed
certificate o f approval issued by a legally authorized underwriters’
inspector, then the said master electrician shall be considered as
having fulfilled the requirements o f this act, and his responsibility
shall cease under the above bond fo r m aterials furnished and
w ork or service perform ed.
Time allow-
nce*
Term of
ense.
Sec. 7. A ll persons, firms or corporations, that at the time o f the
enactment o f this act, are engaged in the business w hich shall be
hereafter known as the business o f a “ master electrician,” as
described in section five (5 ) o f this act, shall w ithin sixty days
after the passage o f this act com ply w ith all the provisions o f
section six (6 ) o f this act, or such persons, firms or corporations
shall w ithin sixty (60) days cease to do the w ork w hich shall be
hereafter known as that o f a “ master electricia n ” as described
in section five (5 ) otherwise he, they or it shall be guilty o f a
misdemeanor and on conviction suffer the fines and penalties as
set forth in section fourteen (14) o f this act.
li-
Sec .
8.
Each and every license issued under the provisions of
this act shall be signed by the president and secretary o f the
board and attested w ith its seal, and said license so signed and
attested, fo r the period o f one year, shall be evidence in any court
in the State o f the business fo r which the license is issued. A ll
licenses and renewals o f same shall expire on the first day o f
January o f each year.
LABOR LAW S— LOUISIANA— ACTS OF 1908,
591
S ec. 9. N o person, firm or corporation granted a license under w o r k after
the provisions o f this act, shall continue in the business o f install- license expires,
ing or repairing electrical wires, conductors or apparatus fo r elec
tric light, heat or pow er purposes, after the expiration o f the said
license, unless the said license or extension o f same shall have
been renewed as hereinafter provided.
Upon the payment o f a fee o f ten ($10) dollars any person, firm Renewal,
or corporation granted a license under the provisions o f this act
(unless the said license shall have been revoked as hereinafter
enacted), shall be granted a renewal o f said license w ithout exam
ination o f the applicant, i f application therefor is made either in
person or in w riting to the said board by the holder o f such li
cense w ithin the three months preceding the expiration o f such
license upon payment o f a fee o f ten dollars ($10) and the said re
newal o f said license shall be made fo r a period o f one (1 ) year,
and shall be signed and attested as required fo r such original
license and any such renewal o f such license so signed and at
tested shall have the same w eight as evidence in any court o f
this State as is hereinbefore accorded said original license.
Provided , also, That further, one year renewals shall be granted Proviso,
in like manner upon expiration o f any renewal o f license upon
m aking application and paying a like fee w ithin three months pre
ceding the expiration o f such renewal, in the same manner as pro
vided fo r the first renewal.
Sec. 10. A fter a fu ll hearing o f all parties in interest said board Revocation,
shall have pow er to revoke fo r proper cause any license or renewal
o f same, granted by the said board.
S ec . 11. Each and every license and renewal o f same shall b e L i c e n s e in
in force and effect only so long, as an approved bond, filed w ith the force when*
said board in accordance w ith the provisions o f section six ~(6)
o f this act shall remain in force and every such license or renewal
o f same shall become void by the termination o f said bond regard
less o f the regular date o f expiration o f the said certificate, license
or renewal.
S ec . 12. A ny and all persons, firms or corporations granted a License to be
license or renewal thereof, in accordance w ith the provisions o f dlsplayed*
this act shall display the same in a conspicuous place in the office
or place o f business o f the person, firm or corporation to w hich it
w as issued.
S ec . 13. Nothing in this act shall be so construed as to prevent
Construction
any person from doing or perform ing any o f the kinds o f w ork of act*
enumerated in section five (5 ) o f this act when such w ork is per
form ed under the direction and supervision o f a duly licensed
master electrician, but no work, other than minor electric repairs
fo r the m aintenance o f established plants, shall be perform ed ex
cepting under such direction and supervision o f a duly licensed
master electrician, and the said licensed master electrician shall
be responsible fo r any and all w ork so done under his direction
and supervision. This shall be construed as exempting lighting
companies and electric railw ay companies and the department o f
police and public buildings o f the city o f New Orleans from the
provisions o f this act in so fa r as the maintenance and installa
tion o f their equipment pole-line services and meters are con
cerned.
S ec . 14. Any person, firm or corporation or any member o f such
Acting withfirm or corporation, who shall practice or engage, or continue in out licensethe w ork o f a master electrician as defined in section five (5 ) o f
this act w ithout having com plied w ith all the provisions o f this
act, and any person not licensed as a master electrician who shall
do or perform any such w ork except under the direction o f a mas
ter electrician, or who shall violate any o f the provisions o f this
act, shall be guilty o f a misdemeanor and upon conviction thereof,
shall be sentenced to pay a fine o f not less than twenty-five dollars
($ 2 5 ), nor more than five hundred dollars ($ 5 0 0 ), or to an im pris
onment not exceeding ninety (9 0 ) days, or both, in the discretion
o f the court.
592
BU LLETIN OF TH E BUREAU OF LABOR.
Licenses not
assignable.
S ec. 15. No license, or renewal o f same, granted or issued under
the provisions o f this act, shall be assignable, or transferable, and
every such license and renew al o f same shall specify the name o f
the person, firm or corporation to whom it is issued, and in the
case o f a firm, the member o f said firm, and in the case o f a cor
poration, the principal officer or the designated representative o f
the said corporation through w hom the application fo r the said
license w as made.
Use o f fees.
S ec. 16. A ll fees collected under the provisions o f this act, shall
be for the use o f said board to defray its necessary expenses.
Reports.
S ec. IT. It shall be the du ly o f the said board before the first
M onday o f January o f each and every year, to make a report in
w riting to the governor o f the State, containing a detailed state
ment o f the nature o f receipts and the manner o f expenditure,
and any balance o f money remaining at the end o f the year, after
payment o f expenses, including per diem o f members o f board
and other necessary expenses, incurred by them in the discharge
o f their duties, shall be deposited in the state treasury.
Approved July 3, 1908.
A ct No. 184.—Public
Printing
citizen.
by
printing to be done by a citizen of the State.
S ection 1. * * * Such contract or contracts [fo r public
printingl shall not be awarded to any but a citizen o f this State:
*
*
*
Approved July 6, 190S.
A ct No. 228.— Company
stores— Redemption of orders.
Scrip to be
S ection 1. Any person, firm or corporation issuing checks,
casheem ed in punch outs, tickets, tokens, or other device, redeemable either
w holly or partially in goods or merchandise at their, or any other
place o f business, shall, on demand o f any legal holder thereof, on
the next pay day o f such person, firm or corporation issuing same
succeeding the date o f issuance o f same be liable fo r the fu ll face
value thereof, in current money o f th e United States.
P a y a b le to
S ec. 2. A ny such checks punch outs, tickets, tokens, or other de
bearer.
vice, issued by any person, firm or corporation, shall be considered
and treated as payable to bearer, on demand, in current money o f
the United States, notwithstanding any contrary stipulation or
provision w hich may be therein contained.
Failure to reS ec. 3. In case o f failure o f any person, firm or corporation to
deem*
pay any legal holder o f any such checks, punch outs, tickets, tokens,
or other device, issued by them, the fu ll fa ce value thereof, in cur
rent money o f the United States, when so demanded, such holder
may im mediately bring suit thereon in any cou rt o f competent
jurisdiction, and, in addition to recovering the full face value
thereof, w ith legal interest from demand, m ay recover ten per
cent o f said amount as attorney’s fees recoverable in the same
suit.
Approved July 8, 190S.
A ct N o. 204.— Protection
of employees on buildings.
S a fe g u a rd s
S ection 1. F or the safety o f persons in and about the construcagainst objects tion, repairing, alteration or rem oval o f buildings, bridges, via-
a mg*
ducts and other structures, all scaffolds, hoists, cranes, stays,
ladders, supports or other mechanical contrivances erected or con
structed by any person firm or corporation in this State fo r use in
the erection, repairing, alteration, removing or painting o f any
house, building, bridge, viaduct, or other structure in cities o f
m ore than thirty thousand inhabitants, shall be erected and con
structed, placed and operated so as to give proper and adequate
protection to the life and lim b o f any person or persons employed
or engaged thereon, or passing under or by the same, and in such
manner as to prevent the fallin g o f any m aterial that may be used
or deposited thereon.
LABOR LAWS-----LOUISIANA— ACTS 03T 1908,
593
S ec . 2. In the construction or repairing, alteration or removal Safety r a i 1
o f any structures, that scaffolding or staging, swung or suspended
r scatt0 ds’
from any overhead support, m ore than twenty feet from the
ground or floor shall have, where practicable, a safety rail prop
erly bolted, secured and braced and rising at least thirty-four (34)
inches above the floor or main portion o f such scaffolding or
staging and extending along the entire length outside and ends
thereof, and properly attached thereto and such scaffolding or
staging shall be so fastened as to prevent the same from swaying
from the building or structure.
S ec . 3. In any house, building or structure in process o f erection
Supports for
o r construction, w here the distance between the inclosing w alls is joists,
more than tw enty-four feet in the clear, there shall be built, kept,
and maintained proper intermediate supports for the joists, which
supports shall be either brick w alls or iron or steel columns,
beams, trusses or girders o f wood, or other m aterial o f sufficient
strength, and the floor in all such houses, buildings or structures
in process o f erection or construction shall be designed, and con
structed in such a manner as to be capable o f bearing in all their
parts in addition to the w eight o f the floor construction, parti
tions and permanent fixtures and mechanisms that may be set
upon the same, a live load o f twenty-five (25) pounds fo r every
square foot o f surface in such floor, and it is hereby made the
duty o f every owner, builder, lessee, contractor or subcontractor
o f such house, building or construction or the superintendent or
agent o f either to see that all the provisions o f this section are
com plied with.
S ec . 4. It shall be the duty o f every ow ner o f every house, buildLoading caing or structure <except buildings exclusively fo r residential pur- pacity*
p ose), now under construction or hereafter to be constructed, to
affix and display conspicuously on each floor o f such building
during construction, a placard stating the load per square foot o f
the floor surface, w hich may w ith safety be applied to that par
ticular floor during such construction, or if the strength o f differ
ent parts o f the floor varies, then there shall be such placards fo r
each varying part o f such floor.
It shall be unlaw ful to load any such floors or any part thereof
to a greater extent than the load indicated on such placard and all
such placards shall be verified and approved by the city engineer
o r inspector o f buildings or other proper authority o f the city
charged w ith the enforcement o f building laws.
S ec . 5. W henever it shall com e to the notice o f the building Inspection,
inspector in any city in this State o f m ore than thirty thousand
inhabitants charged w ith the duty o f enforcing the building laws,
that the scaffolding, stays, hangers, blocks, pulleys, sling braces,
ladders, irons, or ropes* o f any swinging or stationary scaffolding,
platform or other sim ilar device, used in the construction repair
ing alteration removing, cleaning or painting o f buildings, bridges
or viaducts w ithin said cities are unsafe or liable to prove danger
ous to the life or limb o f any person, such local authorities shall
im mediately cause an inspection to be made o f such scaffolding,
platform or device or the slings, hangers, blocks, pulleys, stays,
braces, ladders, iron or other parts connected therewith, and if
a fter an examination, such scaffolding, platform or other device
or any parts thereof is found to be dangerous to the life and limb
o f an y person, the said local authorities shall at once n otify the
person, responsible fo r the maintenance o f such fa c t and w arn
him against the use, maintenance o f [or] operation thereof and
prohibit the use th ereof and require the same to be altered and
reconstructed, so as to avoid such danger.
Such notice may be served personally upon the one responsible Notice,
fo r its erection or by conspicuously affixing it to the scaffolding,
platform or other device, or the part thereof declared to be unsafe,
after such notice has been served or affixed the person responsible
therefor shall cease using and immediately remove such scaffold
ing, platform or other device or part thereof or alter or strengthen
it in such manner as to render it safe. The officer or such local
594
BU LLETIN OF TH E BUREAU OF LABOR,
authority whose duty it is to examine or test any scaffolding,
platform or sim ilar device or part thereof required to be erected
and maintained, by this section, shall have free access at all times
during reasonable hours to any buildings or structures or prem
ises containing such scaffolding, platform or other sim ilar device
or parts thereof or where they may be in use. A ll swinging or
stationary scaffolding, platform or other similar devices shall be
so constructed as to bear fou r times the maximum w eight required
to be dependent thereon or placed thereon when in use and such
swinging scaffolding, platform or other similar devices shall not
be so loaded or crow ded as to render them unsafe or dangerous.
Secondary
Sec. 6. A n y person, firm, or corporation in this State, hiring,
scaffolds, etc.
em ploying or directing another to perform labor o f any kind in
erecting, repairing, altering or painting any water pipe, standpipe,
smokestack, chimney, tower, steeple, pole, staff, dome; or cupalo
[cupola], w ith the use o f any scaffold, staging, swing hammock,
support, tem porary platform , or other similar contrivance, fo r such
labor, shall keep and maintain at all times w hile such labor is
being perform ed and such m echanical device in use or operation
a safe and proper scaffold, stay, support, or other suitable device,
not less than sixteen feet below such w orking scaffold, staging,
sw aying hammock, support or tem porary platform when such
w ork is being perform ed at a height o f thirty-tw o (32) feet or
more, fo r the purpose o f protecting the person or persons perform
ing such labor from fallin g in case o f any accident to such
w orking scaffold, staging, sw aying hammock support or tem porary
platform .
Protective
Sec. 7. A ll contractors and owners when constructing buildings
floors.
where the plans and specifications require the floors to be arched
between the beams thereof or where the floors or filling in between
the floors are fireproof material or brickw ork shall com plete the
flooring or filling in as the building progresses to not less than
within three tiers or beams below and on which, the ironw ork is
being erected. I f the plans and specifications o f such building do
n ot require the filling in between the beams o f the floors w ith
brick or fireproof material, said contractor or ow ner shall lay in
the underflooring thereof or a safe tem porary floor on each story as
the building progresses to not less than w ithin tw o stories o f the
floor below the one to w hich said building has been erected and
where double floors are not to be used, such owners or contractors
shall keep planks over the floor to tw o stories o f the floor below
the story w here the w ork is being perform ed, and if the floor
beams are not o f iron or steel, the contractor fo r the iron or steel
w ork in the course o f construction or the owner o f such building
shall thoroughly plank over the entire tier o f iron or steel beams
on w hich the structural iron or steel w ork is being erected, ex
cept such spaces as may be reasonably required fo r the proper con
struction o f such iron or steel w ork, and fo r the raising and low er
ing o f material to be used in the construction o f such building.
Elevator
Sec. 8. I f elevating machines or hoisting apparatus are used
shafts.
within a building in the course o f construction fo r the purpose o f
liftin g material, the contractor or ow ner shall cause the shafts or
openings in each floor to be inclosed or fenced in on all sides by
substantial barrier or railing at least fou r feet in h eig h t: Provided,
Any hoisting machine or engine used in such building construction
shall, w here practicable, be set up or placed on the ground and
where it is necessary to place such hoisting machines or engines
on the same floor above the ground floor, such machines or engines
must be properly and securely supported w ith a foundation capable
o f sustaining tw ice the weight o f such machine or engine, and if
the building in course o f construction is five stories or m ore in
height, no m aterial needed fo r such construction, shall be hoisted
or lifted over any public street or alley, unless, such street or alley
shall be barricaded from use by the public or so covered as to pre
vent in ju ry to pedestrians.
Signals.
Sec. 9. I f elevating machines or hoisting apparatus, operated or
controlled by other than hand power, be used in the construction,
LABOR LAWS---- LOUISIANA---- ACTS OF 1908.
alteration or rem oval o f any building or other structures, a com
plete adequate system o f communication by means o f signals shall
be provided and maintained by the owner, contractor or subcon
tractor during the use and operation o f such elevating machines or
hoisting apparatus in order that prom pt and perfect communica
tion may be had at all times between the operator o f the engine or
m otive power o f such elevating machine and hoisting apparatus
and the employees or persons engaged thereon or in using or op
erating the same, and the officers o f any city charged w ith the en
forcem ent o f the building law are hereby charged w ith the en
forcem ent o f this provision o f this act and in case o f their failure
so to do, the police authorities shall pursuant to the terms o f this
act enforce the provisions thereof.
Sec. 10. Any contractor, subcontractor, forem an or other person having charge o f the erection, construction, repairing, altera
tion, rem oval or painting o f any building, viaduct, bridge, or other
construction within the provisions o f this act violating any o f the
provisions hereof, upon conviction thereof shall be subject to a fine
o f not less than twenty-five dollars ($25) or more than five hun
dred dollars or imprisonment fo r not less than three months or
m ore than tw o years or both fine and imprisonment in discretion o f
the court.
Approved July 9, 1908.
A ct N o. 271.— Public
595
Violations,
works— Citizens to be preferred in em
ployment.-
Section 1. Every contractor, superintendent or duly authorized
Employment
agent engaged in the construction o f any state or public building or of citizens,
public w orks for the State o f Louisiana, in cities whose population
exceeds ten thousand (10,000) shall employ only mechanics who
are citizens o f the State and who have paid their poll tax for the Poll tax to
current or next preceding year prior to engaging in the work.
h® paid.
Sec. 2. In the event mechanics, w here such w orks or buildings W here citiare being constructed, are not available, then such con tra ctor,zen®. are not
superintendent or duly authorized agent, shall n otify the m ayor o f avallaWe*
the city wherein the w ork is being done, o f such fact, and unless the
m ayor o f said city shall forthw ith supply such contractor, superin
tendent or duly authorized agent w ith the mechanics needed, said
contractor, superintendent or duly authorized agent shall be au
thorized to employ mechanics w ho are n ot citizens o f the State
o f Louisiana, to make up the deficiency: Provided , That nothing
herein shall be construed to prevent the State o f Louisiana o r any
parochial or municipal corporation from placing or letting any
contract fo r the erection or construction o f any public building or
public work, in the open market, and soliciting bids from persons
or corporations without the State o f Louisiana.
Sec. 3. Any contractor, superintendent or duly authorized agent Violations,
violating any o f the provisions o f this act, shall be liable, after
conviction before a court o f competent jurisdiction, to a fine o f not
more than one hundred dollars ($100) or im prisonment o f not
m ore than sixty (60) days, or both at the discretion o f the court.
Approved July 9, 1908.
A ct No. 297.— Railway
companies— Cars, etc,, to be repaired
within the State,
Section 1. A ll railw ay or railroad corporations operating in Use of local
the State o f Louisiana, and having their repair shops w ithin the shops.
State, as a condition precedent to exercising the right o f eminent
dom ain under the law s o f the State o f Louisiana, the railw ay or
railroad corporations so operating w ithin the State o f Louisiana,
shall and are hereby required to repair, renovate or rebuild in
the State o f Louisiana any and all defective or broken cars,
coaches, locom otives or other equipment, owned or leased by said
20092— No. 85— 10------10
596
BU LLETIN OF TH E BUREAU OF LABOR.
corporations in the State o f Louisiana, when such rolling stock
is within the State o f L ou isian a: Provided , Such railw ay shall
have or be under obligations to have proper facilities in the
State to do such w ork : And provided, T his act shall not be
so construed as to require any railw ay com pany to violate the
safety appliance law o f Congress: And provided further , That
no railw ay com pany shall be required to haul such disabled equip
ment a greater distance fo r repairs at a point in Louisiana than
would be necessary to reach repair shops in another State.
Sending cars, s Ec. 2. A ll railroad corporations operating in the State o f
Ita te’ outslde Louisiana, and having their repair shops w ithin the State, shall
be prohibited from sending or rem oving any o f their cars, coaches,
locom otives or other equipment out o f the State o f Louisiana to
be repaired, renovated or rebuilt, when the same is in a defective
or broken condition and w ithin the State.
Violations.
Sec. 3. Any corporation, lessee, receiver, superintendent or
agen t; w ho shall violate any o f the provisions o f this act, shall
a fter conviction by .a court o f competent jurisdiction, be liable
to a fine o f not less than fifty dollars, or more than tw o hundred
dollars, or be im prisoned fo r not more than three months or both
at the discretion o f the court.
Approved July 9, 1908.
A ct N o. 301.— Inspection
of factories, etc.—Employment of women
and children.
Section 1. From and after the passage o f this act it shall be
unlaw ful fo r any person, agent, firm, company, copartnership,
or corporation to require or permit or suffer or employ any child
under the age o f 14 years to labor or w ork in any mill, factory,
mine, packing house, m anufacturing establishment, workshop,
laundry, m illinery or dressmaking store or mercantile establish
ment in w hich m ore than five persons are employed, or in any
theater, concert hall, or in or about any place o f amusement
w here intoxicating liquors are made or sold, or in any bow ling
alley, bootblacking establishment, freight or passenger elevator,
or in the transm ission or distribution o f messages, either tele
graph or telephone, or any other messages, or merchandise, or in
any other occupation not herein enumerated w hich m ay be deemed
unhealthful or dangerous. The provisions o f this section shall in
no w ay be construed as applying to agricultural or dom estic indus
tries. Any violation o f this provision shall be punishable by a fine
o f n ot less than $25 or m ore than $50 or by imprisonment in the
parish ja il (parish prison in New Orleans) fo r not less than ten
days or more than six months, or both, in the discretion o f the
court.
Certificates.
Sec. 2. The state factory inspector or any fa ctory inspector
appointed by the m ayor o f the city o f New Orleans w ith the con
sent o f the council acting in conjunction w ith the board o f health
and school board in the parish shall have full*pow er to issue an
age certificate to m inors over 14 years and under 16 years o f
age seeking employment in any part o f this S ta te : Provided , how
ever, That no person authorized to issue an age certificate as
hereafter provided shall have authority to approve such certificate
fo r any child then in or about to enter his own establishment,
or the employment o f a firm o r corporation o f w hich he is a
member, officer or employee.
Records.
The person approving these age certificates shall have authority
to administer the oath provided therein, but no fee shall be
charged therefor. Every person issuing or approving these age
certificates shall keep a record o f the same, and shall forw ard
to the office o f the state factory inspector a duplicate o f each
certificate issued or approved. A ll such age certificates shall be
subject to review by the state or other factory inspector, and
may by him or her be canceled if he or she finds that such cer
tificates have been obtained through fraud, misrepresentation or
falsification o f facts, and w hoever shall obtain or assist in obtain-
Age limit.
597
LABOB LAWS— LOUISIANA— ACTS OF 1908,
ing such age certificates by fraud, misrepresentation or falsifica
tion o f facts, is hereby declared to be guilty o f a misdemeanor,
and on conviction before a court o f competent jurisdiction shall
be fined not less than $10 or m ore than $50. In such cases the
factory inspector shall give written notice to the employer, who
shall at once cause the minor affected to be dismissed from employ
ment. Printed form s o f the age certificates hereinafter provided
shall be furnished by the state factory inspector upon request
made by persons authorized to issue them. An age certificate
shall not be approved unless satisfactory evidence is furnished
by a certificate o f birth or baptism o f such child, the register
o f birth o f such child w ith an officer o f a city or town designated
to keep a register o f births, or by the records o f the public or
parochial school attended by such child, that such child is o f the
age stated in the certificate, or by a certified copy o f their pass
port from the commissioner o f im m igration: Provided, That in
cases where the above proof is not obtainable, the parent, guard
ian or custodian o f the child shall make an oath before the state
factory inspector, or any factory inspector, or before a juvenile
or district court as to the age o f such child, and the state factory
inspector, or any factory inspector, or the court, may issue to
such child an age certificate as sworn to. A duplicate o f such
age certificate shall be filled out and shall be forw arded to the
office o f the state factory inspector. The age certificate shall be
printed and shall be filled out, signed and held or surrendered in
the follow in g fo r m s :
Evidence,
Forma,
AGE CERTIFICATES.
This certifies that I am (father, mother, guardian or custodian)
o f (nam e o f m inor) and that (h e or she) was born at (nam e o f
town or city ) in the (name o f county i f known) and (State or
county o f ---------- ) on the (date o f birth and year o f birth) and is
now (num ber o f years and m onths) old.
(Signature o f parent, guardian or custodian.)
(C ity or town and date.)
There personally appeared before me the above-named (nam e o f
person signing) and made oath that the foregoing certificate by
(him or her) signed, is true to the best o f (his or her) knowledge.
I hereby approve the foregoing certificate o f (nam e o f ch ild ),
height, (feet and inches,) w eight ---------- , com plexion (fa ir or
d a rk ), hair (c o lo r ), having no sufficient reason to doubt that (he
or she) is o f the age therein certified.
O w n e r o f c e r t if ic a t e .
This certificate belongs to (nam e o f
child and in whose behalf it is draw n ), and is to be surrendered
to (him or her) whenever (he or she) leaves the service o f the
corporation or employer holding the same, but i f not claim ed by
said child w ithin thirty days from such time, it shall be returned
to the office o f the state factory inspector fo r cancellation.
(Signature o f person authorized to approve and sign w ith offi
cial character o f authority.)
(T ow n or city and date.)
Such certificate shall be issued w ithout charge. The provisions
o f this section shall not become operative until 60 days after the
prom ulgation o f this act.
S ec . 3. It shall be the duty o f the commissioner o f labor and Enforcement,
industrial statistics and his deputies, and such factory inspectors
as w ill be appointed in incorporated cities and towns by the mayor,
w ith the consent o f the council, and in parishes, by the police
jury, and they are hereby authorized and empowered to visit and
inspect, at all reasonable times and as often as possible all places
enumerated in section 1 o f this act, and to file com plaint in any
court o f competent jurisdiction to enforce the provisions o f this
act, and it shall be the duty o f the parish or district attorney to
appear and prosecute all complaints so filed.
S ec . 4. N o child or person under the age o f 18 years, and no
Hours of lawoman shall be employed in any o f the places and industries bor.
598
BU LLETIN OF TH E BUREAU OF LABOR.
enumerated in section 1 o f this act for a longer period than ten
hours per day o f [or] 60 hours per week. There shall be one hour
allow ed each day fo r dinner, but such dinner tim e shall not be
included as part o f the w orking hours o f the day. In case twothirds o f the employees so desire, time fo r dinner may be reduced
at their request to not less than 30 m inu tes: Provided , That this
shall not apply to persons w orking in stores and mercantile estab
lishments on Saturday nights or 20 days before Christmas. Any
violation o f this provision shall be punishable by a fine o f not less
than $25 or m ore than $50, or by imprisonment in the parish ja il
(parish prison in New Orleans) fo r not less than ten days or
more than six months, or both, in the discretion o f the court.
No boy under the age o f 16 years and no girl under the age o f
18 shall be employed at any w ork before the hour o f 6 in the
morning or after the hour o f 7 at n ig h t: Providedf That this shall
not apply to persons w orking in stores and m ercantile establish
ments on Saturday nights or during 20 days before Christmas.
A ny violation o f this provision shall be punishable by a fine o f not
less than $25 nor m ore than $100, or by imprisonment in the
parish ja il (parish prison in New Orleans) fo r n ot less than ten
days nor m ore than six months, or both, in the discretion o f the
court.
List
of
Sec . 6. Every person, firm or corporation, agent or manager o f
names.
a corporation employing or permitting or suffering to w ork five or
more children under the age o f 18 years and over the age o f 14
in all places o f business or establishments or occupations enu
merated in section 1 shall post and keep posted in a conspicuous
place in every room in w hich such help is employed or permitted
or suffered to w ork a list containing the names, age and place o f
residence o f every person under the age o f 18 years employed, per
Oertiflca t e s m itted or suffered to w ork in such room, and it shall be unlaw ful
required.
fo r any person, agent, firm, company, copartnership, corporation
or manager o f a corporation to require or perm it or suffer or em
ploy in any mill, factory, mine or packing house, m anufacturing
establishment, workshop, store, laundry, millinery, dressmaking or
mercantile establishment in w hich m ore than five persons are
employed, or any theater, concert hall or in or about any place o f
amusement where intoxicating liquors are made or sold, or in
any bow ling alley or bootblacking establishment, or in any place
where messages are transmitted or distributed, or in any other
occupation not herein enumerated w hich may be deemed unhealthfu l or dangerous, any child over the age o f 14 until an age cer
tificate, approved as hereinabove provided, has been produced and
placed on file in any such establishment or place o f employment
as heretofore mentioned in this section : Provided , further , how
ever, That immediately upon the employment o f any child in any
o f the places enumerated in this act the manager, superintendent,
owner or agent shall n otify in writing, the factory inspector o f
the employment o f said child in the event proper age certificate
is not filed, but such establishment or place o f employment must
procure from said child w ithin five days from employm ent the
age certificate provided fo r in this act. A ny violation o f this sec
tion shall be punishable by a fine o f not less than $25 n or more
than $50 or by imprisonment in the parish ja il (parish prison in
New Orleans) fo r not less than ten days nor m ore than six months,
or both in the discretion o f the court.
F a ls e state
S ec . 7. A ny parent or guardian or person or persons having con
ments.
trol o f or being responsible fo r the care o f any child or person
under the age o f 16 who shall sign or swear or in any manner
make false statement as to the age o f said child or person under
the age o f 16 fo r the purpose o f obtaining employment fo r said
child or young person shall be deemed guilty o f an offense fo r each
violation thereof and upon conviction fo r the same shall be pun
ished by a fine o f not less than $10 nor m ore than $25 or by im
prisonment in the parish ja il (parish prison in New O rleans) for
not less than ten days nor m ore than thirty days, or both, in the
discretion o f the court.
LABOR LAW S— LOUISIANA— ACTS OF 1908.
599
S ec. 8 . Any child working in or in connection with any o f the Physician’ s
aforesaid establishments or in the distribution or transmission certlficateof merchandise or messages who appears to the inspector to be
under the legal age is required to procure from the city or parish
physician a certificate as to the physical fitness of said child to
perform the work or service he or she is required to do.
S ec. 9. The presence o f any child under 14 years o f age in any
Presence o f
o f the establishments enumerated in section 1, except during t h e chiIddinner hour, shall constitute prima facie evidence o f his or her
employment therein.
S ec . 10. A n y owner, manager, supervisor or employee in any o f
Evading i n the aforesaid occupations who shall hide or assist to escape or sPectlongive warning o f the approach o f the inspector to any child or
young person or woman in said establishments shall be deemed
guilty o f a misdemeanor and shall be punished by a fine o f not
less than $5 nor m ore than $15 or by imprisonment in the parish
ja il (parish prison in New Orleans) fo r not less than ten days
nor more than thirty days, or both, in the discretion o f the court.
S ec . 11. A ny person, owner, agent, firm, manager, copartnership Reports b y
or com pany in charge o f any establishment at the time o f inspec- employers,
tion shall be required to furnish the inspector a true statement
o f the number o f persons employed in such establishment and any
person, owner, agent, superintendent, firm, manager, com pany or
copartnership w ho shall fa il or refuse to furnish such statement
or w illfu lly understate the number o f persons employed shall be
deemed guilty o f a misdemeanor and upon conviction thereof shall
be fined not less than $25 nor m ore than $100 fo r each offense or
im prisonment fo r not less than ten nor m ore than thirty days in
the parish ja il (parish prison in New O rleans), or both, in the dis
cretion o f the court.
S ec . 12. W ithin one month after the occupancy o f any factory, Time allow
workshop or m ill or store or other aforesaid occupation or esta b -ancelishment w here children, young persons or women are employed
the occupant shall n otify the inspector in w riting o f such oc
cupancy. Failure to do this shall constitute a misdemeanor and
shall be punishable by a fine o f not less than $10 nor m ore than
$25 or by imprisonment in the parish ja il (parish prison in New
O rleans) fo r not less than ten days nor more than thirty days, or
both, in the discretion o f the court.
S ec . 13. Every person who shall employ any fem ale in any facSeats for fetory, mill, warehouse, m anufacturing establishment, workshop Cr males*
store or any other occupation or establishment hereinabove men
tioned shall provide suitable seats, chairs or benches fo r the use
o f the fem ales so employed, w hich shall be so placed as to be
accessible to said employees and shall permit the use o f such seats,
chairs or benches by them when they are not necessarily, engaged
in the active duties fo r which they are employed, and there shall
be provided at least one chair to every three females. Failure to
comply w ith this section shall be punishable by a fine o f not less
than $25 nor more than $50 or imprisonment in the parish ja il
(parish prison in New Orleans) fo r not less than ten days nor
more than thirty days, or both, in the discretion o f the court.
Sec. 14. Every factory, mill, manufacturing establishment, work- Wash rooms,
shop, warehouse, m ercantile establishment or store and all other etc*
occupations and establishments hereinabove mentioned in w hich
five or m ore young persons or women are employed and every
such institution in w hich tw o or more children, young persons or
women are employed shall be supplied w ith proper wash and dress
ing room s and kept in a cleanly state and free from effluvia arising
from any drain, privy or other nuisance and shall be provided,
within reasonable access, with a sufficient number o f proper waterclosets or privies fo r the reasonable use o f the persons employed
and at least one o f such closets shall be provided fo r each twentyfive persons employed and wherever tw o or more persons and
one or m ore fem ale person [s] are employed as aforesaid a suffi
cient number o f separate and distinct water-closets, earth closets
or privies shall be provided fo r the use o f each sex and plainly
600
BULLETIN OF TH E BUREAU OF LABOR*
so designated, and no person shall be allow ed to use any such
closet or privy assigned to persons o f the other sex, and said
closets or privies shall not be locked during w orking hours. Fail
ure to com ply w ith this section shall be punishable by a fine o f
not less than $25 nor more than $50 or im prisonment in the parish
ja il (parish prison in New O rleans) fo r not less than ten days
nor m ore than thirty days, or both, in the discretion o f the court.
Stairways.
S ec. 1 5 , stairw ays with substantial hand rails shall be provided
in factories, mills and manufacturing establishments for the better
Doors to open safety o f persons employed in said establishments. The doors o f
outwardly.
such establishments shall swing outw ardly or slide, as ordered by
the factory inspector and it shall be neither locked, bolted or
fastened during w orking hours. Failure to com ply w ith this sec
tion shall be punishable by a fine o f not less than $25 nor more
than $50 or imprisonment in the parish ja il (parish prison in New
Orleans) fo r not less than ten days nor more than thirty days,
or both, in the discretion o f the court.
Limewashing,
g EC# 10 E very factory, mill or workshop in this State where
women and children are employed shall be limewashed or painted
when deemed necessary and ordered by the health authorities.
Failure to com ply w ith this section shall be punishable by a fine
o f not less than $25 nor more than $50 or im prisonment in the
parish ja il (parish prison in New Orleans) fo r not less than ten
days nor more than thirty days or both, in the discretion o f the
court.
C leaning
g Ec. IT. No minor or woman shall be required to clean any part
chinery? 8 ma
gearing or m achinery in any such establishment in
this State w hile the same is in motion. Failure to com ply with
this section shall be punishable by a fine o f not less than $25
nor m ore than $50 or imprisonment in the parish ja il (parish
prison in New O rleans), fo r not less than ten days nor more than
thirty days, or both, in the discretion o f the court.
H atch w ays,
Sec. 18. The opening o f all hatchways, elevators and wellholes
etc*
upon every floor o f every manufacturing, m echanical or m ercantile
or public buildings where women or children are employed in this
State shall be protected by good and sufficient trapdoors o f self
closing hatches or safety catches or good strong guard rails at
least three feet high. Failure to com ply w ith this section shall
be punishable by a fine o f not less than $25 nor m ore than $50
or imprisonment in the parish ja il (parish prison in New O rleans),
fo r not less than ten days nor m ore than thirty days or both, in
the discretion o f the court.
Fans for dust
g Ec. 19. In all establishments in this State wherein children,
machinery etC” y ° un£ persons or women are employed where any process is car
ried on by w hich dust, or smoke or lint is generated the inspector
shall have the pow er and authority to order that a fan, or fans,
or some other dust, or smoke or lint removing or consum ing con
trivance or contrivances be so placed as to prevent the inhalation
o f such dust or smoke or lint by the em ployees: Provided , That
tw o mechanical engineers, one chosen by the inspector and the
other by the owner or owners o f the establishment, shall agree as
to the necessity o f such fan or fans or other dust or smoke or
lint removing or consuming contrivance or contrivances. Upon the
failure o f said tw o m echanical engineers to agree, a third mechan
ical engineer shall be chosen to arbitrate. Failure to com ply
w ith this section shall be punishable by a fine o f not less than $25
nor m ore than $50 or imprisonment in the parish ja il (parish
prison in New Orleans) fo r not less than ten days nor more than
six months or both, in the discretion o f the court.
Accidents ta
S ec. 20. A ll accidents in m anufacturing, mechanical or other
be reported.
establishments or places within this State where children, young
persons or women are employed w hich prevent the injured person
or persons from returning to w ork within tw o w eeks after the
injury or w hich result in death shall be reported semiannually
by the person in charge o f such establishment or place to the
inspector. Failure to do this shall be deemed a violation o f this
section and punishable by a fine o f not less than $5 nor more than
LAE OR LAWS— LOUISIANA— ACTS OF 1908.
601
$10 or im prisonment in the parish ja il (parish prison in New
O rleans) fo r not less than tw enty-four hours nor m ore than ten
days, or both, in the discretion o f the court.
S ec. 21. It shall be the duty o f the city or town or parish emOffice for inploying an inspector or inspectors to provide a suitable office for spector.
same and pay fo r all necessary expenses incurred in the discharge
o f the duties o f said office.
S ec. 22. There shall be an annual report o f inspections made Reports,
and all w ork and expenses in connection w ith said office fo r
w arded to the commissioner o f labor and incorporated towns and
cities to the m ayor and council o f the cities and tow ns employing
said inspector or inspectors.
S ec. 23. In the city o f New Orleans, w ith the consent o f the New Orleans,
council, [the m ayor] shall appoint a factory inspector, who may
be either male or female, to see that the regulations o f this act
are observed and also to prosecute all persons who shall violate
the same. Such inspector shall be paid a salary o f not more than
$750 per annum.
S ec . 24. A ll fines collected through this act shall be paid over use of fines,
to the school fund in the parish where the fines are collected.
Approved July 9, 1908.
M A IN E .
ACTS OF 1909.
C h a p t e r 13.— Private
employment agencies.
S ection 1. Section five o f chapter eighty-four o f the public
law s o f nineteen hundred and seven is hereby amended * * *
so that said section as amended, shall read as fo llo w s :
Section 5. This act shali not apply to the employment o f seamen, nor shall the provisions o f sections tw o and three hereof
apply to teachers’ agencies.
Approved February 19, 1909.
C h apter 33.— Liability
Exemptions,
of employers for injuries to employees—
Waivers.
S ection 1. No person shall, by a special contract w ith his
Waivers pro
employees, exempt him self or another person from liability w hich hunted,
he may be under to them fo r injuries suffered by them in his
employment and resulting from the negligence o f the employer
or such other person, or o f a person in his employ.
Approved March 3, 1909.
C h a p t er
70.— Employment
of women and children—Honrs of
labor.
[T h is is an amendment effecting the sole change in section 48, Fifty - eight
chapter 40, o f the Revised Statutes, o f reducing the hours o f boul‘s Per week*
labor per week for women and children from sixty to fifty-eight].
C h a p t e r 180.— Bureau
of labor and industrial statistics— Inspec
tion of factories and workshops.
S ection 1. The commissioner o f the bureau o f industrial and # Schedule o f
labor statistics shall, as often as it may seem necessary, transmit inquiry,
by mail to the owner, operator or manager o f every m anufactur
ing establishment in the State a schedule embodying inquiries
as to
1. Name o f person, partnership or corporation.
2. Kind o f goods manufactured or business done.
3. Number o f partners or stockholders.
4. Capital invested.
602
BULLETIN OF TH E BUREAU OF LABOR.
5. Principal stock or raw m aterial used, and total value
thereof.
6. Gross quantity and value o f articles manufactured.
7. Average number o f persons employed, distinguishing as to
sex, adults and children.
8. Smallest number o f persons employed, and in w hat month.
9. Largest number o f persons employed, and in w hat month.
10. Total wages, not including salaries o f managers, paid during
the year, distinguishing as to sex, adults and children.
11. Proportion that the business o f the year bore to the greatest
capacity fo r production o f the establishment.
12. Number o f weeks in operation during the year, partial time
being reduced to fu ll time.
S ec. 2. The owner, operator or manager o f every establishment
Replies.
w hich is engaged in manufacturing, w ho receives the foregoing
schedule, shall answer the inquiries thereon fo r the time called
fo r and return said schedule to said commissioner, w ith the
answers therein certified as to their accuracy, on or before the
first day o f September follow in g the receipt o f said schedule.
Abstracts o f the inform ation so collected, w ith proper and com
parative analysis thereof, shall be included in the report o f the
bureau.
Names to be
Sec. 3. Except by special permission, the names o f persons,
confidential.
partnerships or corporations w ho supply the inform ation called
fo r by the tw o preceding sections shall not be used in said
reports, and the inform ation obtained by circular or otherwise
fo r the use o f the bureau shall be confidential and not fo r the
purpose o f disclosing any person’s affairs.
Accidents.
Sec. 4. The said commissioner shall investigate the causes of
industrial accidents, the effect of such accidents upon the injured
and their dependent relatives and upon the general public, and
publish statistics thereon.
Resources of
S ec. 5. H e shall collect, arrange, illustrate, publish and dis
State.
tribute in this and other States, authentic inform ation in regard
to the resources and attractions o f Maine, showing the advantages
the State has to offer to manufacturers, capitalists, summer resi
dents, tourists, farmers, and those seeking employm ent as farm
laborers.
H e shall collect reliable inform ation concerning the deposits o f
all valuable and useful minerals in the State, collect samples, and
specimens o f the same and arrange them so that they w ill repre
sent an exhibit o f the mineral and other valuable deposits o f
Maine.
Approved A pril 1, 1909.
C hapter 194.— F ire
escapes on factories, etc.
Section 1. Section thirty-eight o f chapter tw enty-eight o f the
Revised Statutes is amended by striking out said section thirtyeight and by substituting in place thereof the fo llo w in g :
E g r e s s in Section 38. * * * Every building in w hich any trade,
case o f fire.
manufacture or business is carried on, requiring the presence o f
workmen above the first story, * * * shall at all times be
provided w ith proper egresses or other means o f escape from fire
sufficient fo r the use o f all persons * * * employed * * *
therein. These egresses and means o f escape shall be kept unob
structed, in good repair and ready fo r use, the sufficiency thereof
to be determined as provided in the follow in g section.
Approved April 1, 1909.
C hapter 208.— Protection
of workmen as members of the national
guard.
Interference
S e c t i o n 116. Any person who, either by himself or with another,,
ment. employ" willfully deprives a member of the national guard or naval reserve
of his employment, or prevents his being employed by himself or
LABOR LAW S— M AINE— ACTS OF 1909..
603
another, or obstructs or annoys said member o f said national
guard or naval reserve or his employer in respect o f his trade,
business, or employment, because said member o f said national
guard or naval reserve is such member, or dissuades any person
from enlisting in the said national guard or naval reserve by
threat o f injury to him in case he shall so enlist, in respect o f
his employment, trade, or business, shall be deemed guilty o f a
misdemeanor and upon conviction thereof shall be punished by a
fine not exceeding five hundred dollars, or by imprisonment not
exceeding six months, or by both such fine and imprisonment.
S ec. 117. No association or corporation, constituted or organized D iscrim ina
tor the purpose o f prom oting the success o f the trade, em ploym enttion*
or business o f the members thereof, shall by any constitution,
rule, by-law, resolution, vote, or regulation, discrim inate against
any member o f the national guard or naval reserve because o f
such membership, in respect o f the eligibility o f such member o f
the national guard or naval reserve to membership in such asso
ciation or corporation, or in respect to his rights to retain said
last mentioned m em bership; and any person who aids in enforc
ing any such provisions against a member o f the said national
guard or naval reserve w ith intent to discrim inate against him be
cause o f such membership, shall be guilty o f a misdemeanor and
upon conviction thereof shall be punished by a fine not exceeding
five hundred dollars, or by imprisonment not exceeding six
months, or by both such fine and imprisonment.
Approved April 2, 1909.
C h a p t e r 207.—Labor
organizations— Collective insurance.
S ection 1. A ny life insurance company doing business on the
industrial plan in this State may issue policies o f life or endowment insurance, w ith or w ithout annuity, w ith special rates o f
premiums, less than the usual rates o f premiums, fo r such poli
cies, to members o f labor unions, lodges, beneficial societies or
similar organizations, or employees o f a single employer who,
through their secretary or other officer or employer, may take out
insurance in an aggregate o f not less than one hundred members
and pay their premiums through such officer or employer.
Approved April 2, 1909.
C h a p t er 215.—Bureau
Special p r e
rates al“
of labor— Commissioner.
S ection 1. Section forty-tw o o f chapter forty o f the Revised
Statutes is hereby amended * * * so that said section, as
amended shall read as follow s:
Section 42. H e m ay take and preserve evidence, examine wit- P o w e r s of
nesses under oath, and administer the same, and in the dig. commissioner,
charge o f his duty, he, or any authorized agent o f the bureau,
may enter any public institution o f the State, and at reasonable
hours, when open for business, any factory, workshop, mine or
other place where labor may be employed. All state, county,
city and town officers, are hereby directed to furnish to said com
missioner upon his request, all statistical inform ation in reference
to labor and labor industries, w hich shall be in their possession
as such officers.
Approved A pril 2, 1909.
C h a p t er 228.—Preference
of resident laborers on public works, etc.
S ection 1. The State, counties, cities and towns, and every
Resident lacharitable or educational institution w hich is supported in whole j^prefeiTed to
or in part by aid granted by the State or by any municipality,
p
shall in the awarding o f contracts fo r constructing, altering, re
pairing, furnishing or equipping its buildings, or public works,
give preference to workmen and to bidders fo r such contracts who
are residents o f this State, provided the bids submitted by such
604
BULLETIN OF TH E BUREAU OF LABOR.
resident bidders are equally favorable w ith bids submitted by
contractors from w ithout the State. * * *
Approved A pril 2, 1909.
C hapter 229.— State
hoard of arbitration and conciliation.
Board c r e
Section 1. A state board o f arbitration and conciliation is
ated.
hereby created, the duties o f w hich shall be to endeavor to settle
disputes, strikes and lockouts between employers and employees.
S ec. 2. W ithin thirty days after this act shall become a law, the
governor, w ith the advice and consent o f the executive council,
shall appoint three competent persons as members o f such board,
one o f whom shall be an employer o f labor or selected from some
association representing employers o f labor, one shall be an em
ployee or an em ployee selected from some bona fide trade or labor
union and not an employer o f labor, and the third shall be ap
pointed on the recommendation o f the other tw o : Provided , That
i f the tw o appointed do not agree on the third man at the expira
tion o f thirty days from their appointment, he shall be selected
and appointed by the governor. One shall be designated to serve
one year, one fo r tw o years and one fo r three years or until their
successors are appointed and qualified; and thereafter appoint
ments shall be made fo r three years, and if at any time a vacancy
occurs it shall be filled fo r the unexpired term.
C om pensa
Sec. 3. The members o f the board shall receive a compensation
tion, etc.
o f three dollars per diem fo r the time actually employed and shall
receive traveling and all other necessary expenses. Each member
before entering upon the perform ance o f his duties shall be sworn
to the faith fu l perform ance thereof. The board shall from time
to time make such rules o f procedure as it deems necessary and
shall annually, on or before the first day o f December, make a
report to the governor and council, w hich shall be incorporated
in and printed w ith the annual report o f the bureau o f industrial
Meetings.
and labor statistics. The board shall hold a meeting on the third
W ednesday o f September in each year and shall organize by
choosing a chairm an and secretary, both o f whom shall be members
o f the b oa rd : Provided , The first meeting shall be held as soon
as convenient after all the members have been appointed.
Inform ation
Sec. 4. I f it appears to the m ayor o f a city or the selectmen o f
to be furnished. a town that a strike is seriously, threatened or actually occurs, he
or they shall at once n otify the state board, and such notification
may also be given by the employer or employees actually concerned
in the strike or lockout. If, when such strike is threatened or
actually occurs, it appears that as many as ten employees are di
rectly concerned therein, the state board shall, as soon as may be,
communicate w ith such employer and employees and endeavor by
m ediation to obtain an am icable settlement or endeavor to per
Mediation.
suade such employer and employees to submit the matter in con
Arbitration. troversy to a local board o f conciliation and arbitration or to the
state board. I f the m atter be submitted, the board to wThich it is
submitted shall investigate such controversy and ascertain w hich
party is m ainly responsible or blam eworthy fo r the existence o f
the same, and the board may make and publish a report finding
such cause and assigning such responsibility or blame. The state
board shall, upon request o f the governor, investigate and report
upon any controversy i f in his opinion it threatens to affect the
public w elfare.
Investiga
S ec. 5. In any controversy where not less than ten employees
tions.
are directly concerned the board shall, upon application as here
inafter provided, and as soon as practicable visit the place w here
the controversy exists and make careful inquiry into its cause,
and the board may, w ith the consent o f the governor, conduct
such inquiry beyond the lim its o f the State. The board shall hear
all persons interested w ho com e before it, advise the respective
parties w hat ought to be done or submitted to by either or both
to ad ju st said controversy, and make a written decision thereof,
Decision.
Governor t o
appoint.
LABOE LAW S---- M A IN E---- ACTS OF 1909,
which shall at once be made public, shall be open to public inspec
tion, and shall be recorded by the secretary o f the boa rd ; said
decision shall fo r six months be binding on the parties who join
in the application or until the expiration o f sixty days after either
party has given notice to the other in w riting o f his intention not
to be bound thereby, such notice may be given to the employees
by posting it in three conspicuous places in the shop, factory,
yard, or other place where they work.
S ec. 6. Said application may be signed by the employer or by a
m ajority o f the employees in the department o f the business in
w hich the controversy exists or by their duly authorized agent
or by both parties, and, i f signed by an agent claim ing to repre
sent a m ajority o f the employees, the board shall satisfy itself
that he is duly authorized to do so. The application shall con
tain a statement o f the matter in controversy and a promise to
continue in business or at w ork w ithout any strike or lockout until
the decision o f the board i f made within three weeks after the
date o f filing the application. The secretary o f the board shall
forth w ith after such filing cause public notice to be given o f the
time and place o f the hearing on the application unless both par
ties join in the application and present therewith the written re
quest that no public notice shall be given. I f such request is made,
notice shall be given to the parties in such a manner as the board
shall order, and the board may give public notice notwithstanding
such request.
Sec. 7. The board may summon as witnesses any operative or any
person who keeps the record o f wages earned in the department
o f business in which the controversy exists and m ay require the
production o f books which contain the record o f wages paid.
Summonses may be signed and oaths administered by any member
o f the board. W itnesses summoned by the board shall be allow ed
the same fees as are paid to witnesses in the supreme ju dicial
court, these fees together w ith all necessary expenses o f the board
shall be paid by the state treasurer from the fund provided by
this act on w arrants drawn by the governor and council.
S ec . 8. The parties to any controversy described in section five
may submit such controversy to a local board o f arbitration and
conciliation w hich may be either mutually agreed upon or niay be
composed o f three persons, one o f whom shall be designated by
the employer, one by the employees or their duly authorized a g en t;
the third, who shall be chairman, by the other t w o ; such board
shall have all the powers exercised by the state board, and its
decision shall have the same effect as those o f the state board.
The decision o f said board shall be rendered within ten days after
the close o f any hearing held by it and shall at once be filed by
the clerk o f the m unicipality w here the controversy arose, and a
copy thereof shall be filed w ith the secretary o f the state board
by the clerk o f the said m unicipality. Each o f said arbitrators
shall be entitled to receive three dollars fo r each day o f actual
service to be paid by the state treasurer on a w arrant drawn by
the governor and council from the funds provided by this act.
Approved April 2, 1909.
C h a p t er 238 .—Employment
605
Applications,,
witnesses,
Local boards,
of children— School attendance.
S ection 1. Section fifty-one o f chapter fifteen o f the Revised
Statutes as amended by chapter forty-eight o f the public laws o f
nineteen hundred and five, is hereby amended * * * so that
said section when amended shall read as fo llo w s :
Section 51. * * * Truant officers, when so directed in Enforcement
w riting by the superintendent o f schools or the superintending of law.
school committee o f their respective towns, may visit the manu
facturing, mechanical, mercantile and other business establish
ments in their several cities and tow ns during the hours in w hich
the public schools o f such city or town are in session, and ascertain
whether any minors under the age o f fifteen years are employed
therein, and shall report in w riting any cases o f such employment
606
B U L L E T IN OF T H E B U REA U OF LABOR,
to the superintendent o f schools or the superintending school
committee o f their city or town, and i f employed therein contrary
to the provisions o f chapter forty, shall also report in w riting
such illegal employment to the inspector o f factories, workshops,
mines and quarries. The owner, superintendent, overseer or agent
o f all manufacturing, mechanical, m ercantile or other business
establishments, upon request, shall produce fo r the inspection o f
such truant officers, all certified copies o f records o f birth and
baptism, passports and age and schooling certificates required to
be kept on file in such establishments under chapter forty o f the
Revised Statutes. * * *
Approved A pril 2, 1909.
C h a p t er 257.—Employment
Repeal.
Age limit.
Certificate.
of children—Age limit .
S ection 1. Sections fifty-two, fifty-three and fifty-four o f chapter
forty o f the Revised Statutes as amended by chapter forty-six
o f the public law s o f nineteen hundred and seven are hereby
repealed.
S ec . 2. Chapter forty o f the Revised Statutes is hereby amended
by inserting as section fifty-tw o the fo llo w in g :
Section 52. No child under fourteen years o f age shall be em
ployed or allow ed to w ork in or in connection w ith any manu
facturing or mechanical establishment. I t shall be unlaw ful fo r
any person, firm or corporation to employ fo r w ages or hire any
child under fourteen years o f age in any manufacturing, mechan
ical, mercantile or other business establishment, or in any tele
phone or telegraph office; or in the delivery and transmission o f
telephone or telegraph messages during the hours that the public
schools o f the town or city in w hich he resides are in session.
W hoever, either fo r himself, or as superintendent, overseer or
agent o f another, em ploys or has in his employ any child in viola
tion o f the provisions o f this section, and every parent or guardian
w ho allow's any child to be so employed shall be punished by a fine
not less than one dollar nor exceeding fifty dollars fo r each
offense.
S ec . 3. Chapter forty o f the Revised Statutes is hereby amended
by inserting as section fifty-three the fo llo w in g :
Section 53. No child over fourteen years o f age and under six
teen years o f age shall be employed or allow ed to w ork in any
m anufacturing or m echanical establishment until he, or some one
in his behalf, shall have produced and presented to the owner,
superintendent, overseer or agent o f such establishment, a cer
tified copy o f the town clerk’s record o f the birth o f such child,
or a certified copy o f his baptismal record showing the date o f his
b ir th ; or his passport showing the date o f his b ir t h ; or an age and
schooling certificate duly issued to him as hereinafter provided.
No such child between his fourteenth and fifteenth birthdays shall
be employed or allow ed to w ork in any manufacturing, m echanical,
m ercantile or other business establishment, or in any telephone
or telegraph office; or in the delivery and transm ission o f tele
phone or telegraph messages during the hours in w hich the public
schools o f the city or town in w hich he resides are in session, until
he shall have produced and presented to the owner, superintendent,
overseer or agent o f such establishment an age and schooling cer
tificate duly issued to him as hereinafter provided. No such child
between his fifteenth and sixteenth birthdays shall be employed or
allow ed to w ork in any m anufacturing or mechanical establish
ment during the hours in w hich the public schools o f the city or
town in which he resides are in session, until he shall have pro
duced and presented to the owner, superintendent, overseer or
agent o f such establishment an age and schooling certificate duly
issued to him as hereinafter provided. The em ployer shall keep
on file such birth record, baptismal record, passport or age and
schooling certificate in duplicate containing the name o f such
child, the name o f his parents, guardian or custodian, and such
LABOR LAW S---- M A IN E-----ACTS OF 1909,
607
data as may be required by the inspector of factories, workshops,
mines and quarries. Blank employment certificates, in form ap
proved by the attorney-general, shall be furnished by the in
spector o f factories, workshops, mines and quarries. One o f such Files,
certificates shall be delivered to such child and the other be im
m ediately forw arded to the office o f said inspector o f factories,
workshops, mines, and quarries, to be kept on file by him. When
such child leaves such employment, the employer shall return to
such child the copy o f the town record, baptismal record, passport
or age and schooling certificate furnished by him as aforesaid,
and shall im mediately n otify said inspector that such child has
left his employ. The inspector o f factories, workshops, mines and Enforcement,
quarries, or any o f his assistants, may demand o f any employer
or corporation the names o f all children under sixteen years o f
age in his employ in the several cities and towns o f the State, and
may require that the birth record, baptismal record, passport or
age and schooling certificate o f such children shall be produced
fo r his inspection, and the failure to produce the same shall be
prima facie evidence that the employment o f such child is illegal.
W hoever, either fo r himself, or as superintendent, overseer or
agent o f another, employs or has in his employment any child in
violation o f the provisions o f this section, and every parent or
guardian w ho allow s any child to be so employed shall be pun
ished by a fine o f not less than one nor more than fifty dollars
fo r each offense.
S ec. 4. Chapter forty o f the Revised Statutes is hereby amended
by inserting as section fifty-four the follow in g :
Section 54. Age and schooling certificates shall be issued by Whio i s s u e
the superintendent o f schools o f the city or town in w hich the certiflcateschild resides, or some person designated and authorized in w riting
by the school committee, but no person shall issue such certificate
to any m inor then in or about to enter his employment, or the em
ployment o f a firm or corporation o f which he is a member, stock
holder, officer or employee. The person who issues the certificate
in accordance w ith the provisions o f this section is hereby
empowered to administer the oath provided for therein, but no
fee shall be charged therefor.
S ec. 5. Chapter forty o f the Revised Statutes is hereby amended
by inserting as section fifty-five the follow in g :
Section 55. An age and schooling certificate shall not be issued Evidence,
until the child applying therefor, or some person in his behalf, shall
furnish satisfactory evidence o f the age o f the child, w hich
evidence shall be a certified copy o f the town clerk’s record o f the
birth o f said child, or a certified copy o f his baptismal record,
show ing the date o f his birth, or a passport showing the date o f
his birth, or other document satisfactory to the superintendent o f
schools or the person authorized to issue such age and schooling
certificates; nor until such child has demonstrated his ability Educational
to read at sight and w rite simple sentences in the English la n -testsguage, and perform simple arithm etical problems involving the
fundam ental processes o f addition, subtraction, m ultiplication and
division, such educational test to be prepared and furnished by
the superintendent o f schools or the school committee o f each
city and town in the S tate; dr has furnished a certificate to that
effect signed by any teacher in any o f the public schools o f the
city or tow n in w hich such child resides, or by the principal o f
any approved private school, or a certificate signed by the prin
cipal o f any evening school in said city or town, to the effect that
said child is a regular attendant o f said evening school.
S ec. 6. Chapter forty o f the Revised Statutes is hereby amended
by inserting as section fifty-six the follow in g :
Section 56. The form o f the age and schooling certificate pro- Form of cervided for in section fifty-three o f this act shall be prepared a n d tificate*
furnished to the superintendent o f schools or the school committee
608
BULLETIN OF TH E BUREAU OF LABOR.
o f the cities and towns by tbe attorney-general, and shall be sub
stantially as fo llo w s :
AGE AND SCHOOLING CERTIFICATE, REVISED STATUTES, C.
40,
SEC.
53.
This certifies that I am the, [father, mother, guardian or cus
todian,] of, [nam e o f child], and that he w as born a t [name o f
city or tow n ], in the state, or county, o f
on the day o f
in the year
and that at, his or her, last birthday he was
years old.
(C ity or town and date.)
(Signature o f parent, guardian or custodian.)
Then personally appeared before me the above named, [name
o f person signing], and having produced fo r my inspection the
[record passport] o f said child, made oath that the foregoing
certificate by [him or h er], signed is true to the best o f [his or
h er], knowledge and belief. H aving no sufficient reason to doubt
that he is o f the age therein certified, I hereby approve the foregoing certificate o f [name o f c h il d ]; whose signature, written in
my presence, appears b e lo w ; whose height is
feet and
in ch es;
com plexion is [fa ir or d a r k ] ; hair is [co lo r]. I hereby certify
that he has satisfactorily demonstrated, [his or h er], ability to
read at sight and to w rite legible simple sentences in the English
language, and to employ the fundamental principles o f arithmetic,
according to the test supplied by the local superintendent o f
public schools; that he has presented us a certificate to that effect
signed by the principal a teacher o f some public school in said
town, or that he has presented a certificate signed by the princi
pal o f an evening school in said town to the effect that he, said
child is a regular attendant in said evening school.
This certificate belongs to, [name o f ch ild], and is to be surren
dered to, [him or h er], whenever he leaves the service o f the em
ployer holding the same, but i f not claim ed by said m inor within
thirty days from the time when he leaves such employment, it
shall be returned to the superintendent o f schools, or to the person
by whom it is issued.
Signature o f child.
( Signature o f person authorized to issue
and approve, w ith official character or
authority.)
(C ity or town and date.)
Violations.
W hoever, being authorized to sign the foregoing age and school
ing certificate, or whoever signing any certified copy o f a town
clerk’s record o f births, or certified copy o f a child’s baptismal
record, shall knowingly certify to any false statement therein, and
any parent or guardian who presents, or w ho permits or allows
any child under his control to present, to any employer, owner,
superintendent, overseer or agent as required under section fiftythree, any certified copy o f birth or baptismal record, or passport,
or age and schooling certificate containing any false statements as
to the date o f birth or age o f such child, knowing them to be false,
shall be punished by a fine o f not less than twenty-five dollars nor
more than fifty dollars fo r each offeiise.
New n u m ■ S ec . 7. Sections fifty-seven, fifty-eight, fifty-nine, sixty, sixty-one
bering.
and sixty-tw o o f said chapter forty o f the Revised Statutes are
hereby renumbered respectively as sections fifty-eight, fifty-nine,
sixty, sixty-one, sixty-tw o and sixty-three, so that said section
fifty-seven shall hereafter be numbered section fifty-eight; said
section fifty-eight shall hereafter be numbered section fifty-nine;
said section fifty-nine shall hereafter be numbered section six ty ;
section sixty shall hereafter be numbered section sixty-on e; section
sixty-one shall hereafter be numbered section six ty -tw o ; and sec
tion sixty-tw o shall hereafter be numbered section sixty-th ree; and
said chapter forty is further amended by inserting as section fiftyseven the fo llo w in g :
609
LABOR LAW S1— M A IN E — ACTS OF 1909.
Section 57. Nothing in the nine preceding sections shall apply
to any m anufacturing establishment or business, the materials
and products o f w hich are perishable and require immediate labor
thereon, to prevent decay thereof or damage thereto: Provided,
however, The employment o f children therein shall be under the
supervision o f said inspector who shall on com plaint investigate
the sanitary conditions, hours o f labor and other conditions detri
mental to children, and i f in his judgm ent he finds detrimental
conditions to exist, he may in conjunction wuth the municipal
officers o f the town or city in w hich the com plaint is made, pro
hibit the employment o f children therein until such conditions
are removed.
Approved A pril 2, 1909.
C h apter
258 .—Liability
Exemptions,
Proviso.
of employers for injuries to employees.
S ection 1. I f personal injury is caused to an employee, who, injury caused
at the time o f the injury, is in the exercise o f due care, by
reason o f :
First, a defect in the condition o f the ways, works or machinery D efects ;
connected w ith or used in the business o f the employer, which
arose from , or had not been discovered or remedied in consequence
of, the negligence o f the employer or o f a person in his service
w ho had been entrusted by him w ith the duty o f seeing that the
ways, w orks or machinery were in proper condition ; or,
Second, that the negligence o f a person in the service o f the Negligence of
em ployer w ho w as entrusted w ith and w as exercising supeidn-|^tPel*illtencl'
tendence and whose sole or principal duty was that o f superin
tendence, or in the absence o f such superintendent, o f a person
acting as superintendent w ith the authority or consent o f such
employer.
Third, the negligence o f a person in the service o f the employer p e r s o n in
who w as in charge or control o f a signal, switch, locom otive engine f GaJgde °sigiiai~
or train upon a railroad ;
etc.
The employee or his legal representatives, shall subject to the Status of emprovisions o f the eight follow ing sections, have the same rights ployed,
to compensation and o f action against the employer as if he had
not been an employee, nor in the service, nor engaged in the work,
o f the employer.
A car w hich is in use by, or w hich is in possession of, a rail- Definitions,
road corporation shall be considered as a part o f the ways, w orks
or machinery o f the corporation which uses or has it in posses
sion, w ithin the meaning o f clause one o f this section, whether
it is owned by such corporation or by some other com pany or
person. One or m ore cars w hich are in motion, w hether attached
to an engine or not, shall constitute a train w ithin the meaning o f
clause three o f this section, and whoever, as a part o f his duty for
the time being, physically controls or directs the movements o f a
signal, switch, locom otive engine or train shall be deemed to be a
person in charge or control o f a signal, switch, locom otive engine
or train within the meaning o f said clause.
S ec. 2. I f the injury described in the preceding section results A c t i o n for
in the death o f the employee, and such death is not instantaneous ^ ath 1 y a n a
or is preceded by conscious suffering, and i f there is any person
w ho w ould have been entitled to bring an action under the pro
visions o f the follow in g section, the legal representatives o f said
employee may, in the action brought under the provisions o f the
preceding section, recover-dam ages for the death in addition to
those for the injury.
S ec . 3. If, as the result o f the negligence o f an employer him- A c t i o n for
self, or o f a person for whose negligence an employer is lia b le death*
under the provisions o f section one, an employee is instantly killed,
or dies without conscious suffering, his w idow or, if he leaves no
widow, his next o f kin, who, at the time o f his death, w ere de
pendent upon his w ages for support, shall have a right o f action
for damages against the employer.
610
BU LLETIN OP TH E BUREAU OP LABOR,
D e g r e e of
Sec. 4. If, under the provisions o f either o f the tw o preceding
negligence con sections, damages are aw arded fo r the death, they shall be as
sidered.
sessed w ith reference to the degree o f culpability o f the employer
or o f the person fo r whose negligence the employer is liable.
L i m i t of
The amount o f damages w hich may be awarded in an action
d a in a g e s for under the provisions o f section one fo r a personal in ju ry to an
death.
employee, in w hich no damages fo r his death are aw arded under
the provisions o f section two, shall not exceed fou r thousand
dollars.
F o r injury
The amount o f damages w hich may be awarded in such action,
and death.
if damages fo r his death are aw arded under the provisions o f sec
tion two, shall not exceed five thousand dollars for both the in
ju ry and the death, and shall be apportioned by the ju ry between
the legal representatives o f the employee and the persons who
w ould have been entitled, under the provisions o f section three,
to bring an action fo r his death i f it had been instantaneous or
w ithout conscious suffering.
The amount o f damages w hich m ay be aw arded in an action
brought under the provisions o f section three shall not be less
than five hundred nor m ore than five thousand dollars.
Notice.
Sec. 5. No action fo r the recovery o f damages fo r in ju ry or
death under the provisions o f sections one to four, inclusive shall
be maintained unless notice o f the time, place or cause o f the
Limitation. in ju ry is given to the employer within sixty days and the action
is commenced w ithin one year after the accident w hich causes the
in ju ry or death. Such notice shall be in writing, signed by the
person injured, or by a person in his b eh a lf; but i f from physical
or mental incapacity it is im possible fo r the person injured to
give the notice w ithin the time provided in this section, he may
give it w ithin ten days after such incapacity has been removed, and
i f he dies w ithout having given the notice and without having been
fo r ten days at any tim e after his in ju ry o f sufficient capacity to
give it, his executor or adm inistrator may give such n otice w ithin
sixty days after his appointment. A notice given under the pro
visions o f this section shall not be held invalid or insufficient
solely by reason o f an inaccuracy in stating the time, place or
cause o f the injury, i f it is shown that there w as n o intention to
mislead, and that the employer w as not in fa ct misled thereby.
I f a notice given under this section is claim ed by the employer
to be insufficient fo r any reason he shall so n otify in w riting the
person giving it w ithin ten days, stating the insufficiency claim ed
to exist, and thereupon the person whose duty is to give the no
tice may, w ithin thirty days, give a new notice w ith the same
effect as i f originally given.
Employees of
Sec. 6 . I f any employer enters into a contract, w ritten or verbal,
contractors and
subcontractors. w ith an independent contractor to do part o f such employer’s
work, or i f such contractor enters into a contract w ith a subcon
tractor to do all or any part o f the w ork com prised in such con
tractor’s contract w ith the employer, such contract or subcontract
shall not bar the liability o f the employer fo r injuries to the em
ployees o f such contractor or subcontractor, caused by any defect
In the condition o f the ways, works, machinery or plant, i f they are
the property o f the employer or are furnished by him, and i f such
defect arose, or had not been discovered or remedied, through the
negligence o f the em ployer or o f some person entrusted by him
w ith the duty o f seeing that they w ere in proper condition.
Employee can
Sec. 7. An employee or his legal representatives shall not be
not r e c o v e r
entitled under the provisions o f sections one to four, inclusive, to
when.
any right o f action fo r damages against his employer i f such
employee knew o f the defect or negligence which caused the in
ju ry, and failed w ithin a reasonable time to give, or cause to be
given, inform ation thereof to the employer, or to some person
superior to him self in the service o f the employer w ho w as en
trusted w ith general superintendence.
Exemptions.
Sec. 8. The provisions of the seven preceding sections shall not
apply to injuries caused to domestic servants or farm laborers by
LABOR LAW S— M AINE— ACTS OF 1909,
611
felloW^employees, or to those engaged in cutting, hauling or driv
ing logs.
S ec . 9. Nothing in this act shall be construed to abridge any
Common-law
common law rights or remedies which the employee may have rights,
against his employer, but a judgm ent recovered under the pro
visions o f this act, or a settlement’ o f any action commenced or
claim made fo r death or injury, under the provisions o f this act,
shall be a bar to any claim made or action begun to recover fo r
the same in ju ry or the same death, under the provisions o f the
common law or under the provisions o f any other statute.
A pproved A pril 2, 1909.
MARYLAND.
ACTS OF 1908.
C h a p t e b 724.— Railroads— Crews
for freight trains.
(Page 71.)
S ection 1. A rticle 23 o f the Code o f Public General Law s o f
M aryland o f 1904, is hereby amended by adding thereto certain
sections to follow section 300 o f said article, to be known as sec
tions 300k, 3001, 300m, 300n and 300p.
Section 300k. It shall be unlaw ful fo r any railroad company Pull crew re
doing business in the State o f M aryland or any receiver o f such quired.
railroad com pany to run or operate over its road or any part o f its
road, or suffer or perm it to be run or operated over its road or any
part o f its road, any freight train consisting o f thirty or more
freight or other cars, exclusive o f caboose and locom otive, w ith
less than a fu ll train crew, consisting o f six persons, to w i t : One
engineer, one fireman, one conductor, one flagman and tw o brakemen.
Sec. 3001. A ny such railroad company or any such receiver Violations,
violating any o f the provisions o f sections [sic] 300k o f this act
shall be liable to a penalty o f five hundred dollars fo r each and
every such violation, to be recovered in a civil suit or suits to be
brought by the attorney-general o f the State o f M aryland in
the name o f this S tate; and it shall be the duty o f such attorneygeneral without further authorization to bring such suit or suits
upon duly verified inform ation being presented to or lodged w ith
him o f such violation having occurred, and the affidavits o f at
least tw o citizens o f the State o f M aryland that such violation has
occurred shall be taken and deemed to be duly verified inform ation
fo r the purposes o f this act.
Sec. 300m. It shall be the duty o f the attorney-general o f the Enforcement.
State o f M aryland to enforce the provisions o f sections 300k and
3001 o f this act, and all powers granted to the said attorneygeneral fo r the enforcem ent o f any other act or acts are hereby
granted to him fo r the purpose o f the enforcem ent o f said pro
visions o f this act.
Sec. 300n. A ny employee o f such railroad company or o f any A ssum ption
such receiver w ho may be killed or injured by any train w hich of risks,
w as run or operated contrary to the provisions o f section 300k
o f this act, or who may be k (i)lle d or injured as a result o f any
act o f any person employed contrary to the provisions o f section
300k o f this act shall not be deemed thereby to have assumed the
risk thereby occasioned, although continuing in the employment
o f such railroad company or o f such receiver, after the unlawful
running or operating o f such train or the unlaw ful employment o f
such person has been brought to his kn ow ledge; nor shall any such negHgence. ° ry
employee h e held to have contributed to his death or injury in any
case where such railroad company or such receiver shall have
violated any o f the provisions o f section 300k o f this act when
such violation contributed to the deaths [sic] or in ju ry o f such
20092— No. 85— 10------11
612
BULLETIN OP TH E BUREAU OP LABOR.
employee, and all questions o f negligence, or either or both, [sic]
arising in cases brought under or by virtue o f said section o f this
act shall be fo r the ju ry.
Construction.
See. 300p. The invalidity o f any portion o f this act shall not
affect the validity o f any portion thereof w hich can be given effect
without such invalid part.
Approved April 8, 1908.
C h a p t er 85.— Employment
of labor on public works— Baltimore.
(Page 613.)
Eight hours
S ection 1. The act o f 1898, chapter 458, o f the Code o f Public
a day’s work. Local Laws, relating to the hours o f labor o f mechanics and
laborers upon city work, is hereby repealed and reenacted to read
as follow s:
Rates of
Section 2. Eight hours shall constitute a day’s w ork for all
wages.
laborers, workmen or mechanics, who m ay be employed by or
on behalf o f the m ayor and city council o f Baltimore, except in
cases o f extraordinary emergency, w hich m ay arise in time o f
war or in cases where it may be necessary to w ork m ore than
eight hours per calendar day, fo r the protection o f property or
human l i f e : Provided, That in all such cases the laborer, workm an
or mechanic so employed and w orking to exceed eight hours per
calendar day shall be paid on the basis o f eight hours constituting
a day’s w ork : Provided further , That n ot less than the current
rate o f per diem wages in the locality w here the w ork is per
form ed shall be paid to laborers, workmen and mechanics so em
ployed by o r on behalf o f the m ayor and city council o f B a ltim ore;
and laborers, workmen or mechanics employed by contractors or
subcontractors in the execution o f any contract or contracts w ithin
the city o f Baltim ore on any public work, shall be deemed to be
employed by or on beh alf o f the m ayor and city council o f
Baltimore.
*
Basis of con
Sec. 3. A ll contracts hereafter made by or on beh alf o f the
tracts.
m ayor and city council o f B altim ore w ith any person or persons
or corporation, fo r the perform ance o f any w ork w ith the city o f
Baltimore, shall be deemed and considered as made upon the basis
of eight hours constituting a day’s work, and it shall be unlaw ful
for any such person or persons, or corporation to require or per
mit any laborer, workm an or mechanic to w ork more than eight
hours per calendar day in doing such work, except in the cases and
upon the conditions provided in section 2 o f this act.
Violations.
Sec. 4. A ny officer o f the m ayor and city council o f Baltimore,
or any person acting under or for such officer, or any contractor
or subcontractor or other person acting fo r them, violating any
o f the provisions o f this act, shall fo r each and every offense be
fined not less than ten dollars nor m ore than fifty dollars * * *
to be collected as other fines are collected by law.
Sec. 5. The provisions o f this act shall not apply to the em
Exemptions.
ployees o f the fire department, B ay View Asylum or the Baltim ore
City Jail.
Approved M arch 12, 1908.
M A SS A C H U SE T T S.
A C TS O F 1908.
C h a p t e r 273.— Sunday
labor.
S ection 1. Section three o f chapter ninety-eight o f the Revised
O ccupations
permitted.
Laws, as amended by chapter fou r hundred and fourteen o f the
acts o f the year nineteen hundred and two, and by chapter one
hundred and tw enty-six o f the acts o f the year nineteen hundred
and eight, is hereby further am ended * * *
Approved M arch 25, 1908.
LABOR LAW S— MASSACHUSETTS— ACTS OF 1908.
613
[Chapter 126 permits the digging o f clam s and the icing and
dressing o f fish on Sunday, and chapter 273 permits the perform
ance on Sunday o f unpaid w ork on yachts and pleasure boats.]
C h a p t er 325.— Inspection
of factories, etc.—Pure water for
humidifying.
S ection 1. The w ater used fo r hum idifying purposes by any Water to be
person, firm or corporation operating a factory or w ork sh op ,pure*
shall be o f such a degree o f purity as not to give rise to any
im pure or fou l odors, and shall be so used as not to be injurious
to the health o f persons employed in such factories or workshops.
S ec . 2. A ny person, firm or corporation violating any provision Violations,
o f this act shall, upon conviction thereof, be punished by a fine
o f not less than ten nor more than one thousand dollars.
S ec. 3. The state inspectors o f health shall, under the direction Enforcement,
o f the state board o f health, enforce the provisions o f this act.
Approved M arch 31, 1908.
C h a p t er 343.— Sunday
labor.
S ection 1. The provisions o f section tw o o f chapter ninetyO ccu p a tion
eight o f the Revised Laws, as amended by section tw o o f chapter permitted*
fou r hundred and sixty o f the acts o f the year nineteen hundred
and fou r [prohibiting Sunday labor] shall not apply to the de
livery o f ice cream on the L ord’s Day.
Approved A pril 3, 1908.
C h a p t e r 375.— Factory
inspectors—Age of eligibility .
Section 1. A person who is not above the age of fifty years,
Age of fifty
if otherwise qualified, shall be eligible for appointment as an years*
inspector o f factories and public buildings, as a member of the
inspection department of the district police.
Approved A pril 8, 1908.
C h a p t e r 389.— Inspectors
of factories, etc.—Powers and duties.
S ection 1 (a s amended by chapter 354, A cts o f 1909). The i n s p e c t o r s
ch ief o f the district police, the deputy ch ief o f the inspection jSf.fesei^tcl fac'
department o f the district police, and the inspectors o f factories
’
and public buildings may, in the perform ance o f their duty in
enforcing the law s o f the Commonwealth, enter any building,
structure or inclosure, or any part thereof, and exam ine the
methods o f prevention o f fire, means o f exit, and means o f protec
tion against accident, and may make investigations as to the
employment o f children, young persons and women, except con
cerning health and the influence o f occupation upon health.
They may, except fti the city o f Boston, enter any public building,
public or private institution, schoolhouse, church, theater, public
hall, place o f assemblage, or place o f public resort, and make
such investigations and order such structural or other changes,
in said buildings, as are necessary relative to the construction,
occupation, heating, ventilating and the sanitary condition and
appliances o f the same.
S ec . 2. A ny person w ho hinders or prevents or attempts to Hindering in
prevent any member o f the inspection department o f the district sPectorspolice from entering any building, structure or inclosure or part
thereof specified in the preceding section shall be liable to a penalty
o f not less than fifty nor more than one hundred dollars.
S ec. 3. Trial justices, police, municipal and district courts
shall have concurrent jurisdiction w ith the superior court to
enforce the provisions o f this act.
Approved April 11, 1908.
614
BULLETIN OF TH E BUREAU OF LABOR,
C h a p t er 487.— Inspection
of factories—Appeals from orders of
inspectors.
Appeals.
S ection 1. W hoever is aggrieved by the order, requirement, o r
direction o f an inspector o f factories and public buildings may,
within ten days after the service thereof, appeal to a ju dge o f the
superior court fo r the county in w hich the building to w hich such
order, requirem ent or direction relates is situated, fo r an order
forbidding its enforcem ent; and after such notice as said court
shall order to all parties interested, a hearing may be had before
said court at such early and convenient tim e and place as shall
be fixed by said ord er; or the court m ay appoint three disinter
ested persons, skilled in the subject-m atter o f the controversy, to
exam ine the m atter and hear the p a rties; and the decision o f said
court, or the decision, in w riting and under oath, o f the m ajority
o f said experts, filed in the office o f the clerk o f courts in said
county w ithin ten days after such hearing m ay alter, annul or
affirm such order, requirement or direction. Such decision or a
certified copy thereof shall have the same authority, force and
effect as the original order, requirement or direction o f the in
spector. I f such decision annuls or alters such order, requirement
or direction o f the inspector, the court shall also order the said
inspector not to enforce his order, requirem ent or direction, and
in every case the certificate required by law shall thereupon be
issued by said court or by said experts.
Experts t o S ec. 2. The court m ay aw ard reasonable compensation to experts
^ e<j com p en “ appointed under the provisions o f the preceding section which, i f
the order, requirement or direction o f the inspector is altered or
annulled, shall be paid by the county in w hich the application
fo r an order o f the court was m ade; otherw ise by the applicant.
I f the order, requirement or direction o f the inspector is affirmed
by the court or the experts, costs shall be taxed against the appli
cant fo r the order o f the court, as in civil cases, and shall be paid
into the treasury o f the county in w hich the application fo r such
order o f the court w as made.
Approved M ay 5, 190S.
C h a p t er 553.— Liability
of railroad companies for injuries to em
ployees—Assumption of risk .
Risk not asS ection 1. Section one hundred and sixty-seven o f Part II o f
sumed, when. chapter fou r hundred and sixty-three o f the acts o f the year nine*
teen hundred and six is hereby amended * * * so as to read
as fo llo w s : Section 167. An employee o f a railroad corporation
who is injured by any locom otive, ear or train w hich is used con
trary to the provisions o f sections one hundred and fifty-nine, onehundred and sixty-one, one hundred and sixty-tw o and one hun
dred and sixty-three, shall not be deemed to have assumed the risk
o f such injury, although he continues in the employment o f such
corporation after the unlaw ful use o f such locom otive, car or
train has been brought to his knowledge. An employee o f a rail
road corporation who is injured by any locom otive, car or train
by reason o f the negligence o f any other em ployee o f the cor
poration shall not be deemed to have assumed the risk o f such
injury.
Approved M ay 28, 1908.
C h a p t e r 563.— Inspection
Rules.
of steam boilers.
[T h is chapter amends sections one and eighteen o f chapter 465;
A cts o f 1907, relative to the inspection o f steam boilers, by
striking out o f the last clause o f each section the w ords “ o f con
struction,” so that such clauses read “ w hich does not conform
to the rules form ulated by the board o f boiler rules,” instead o f
“ w hich does not conform to the rules o f construction form ulated
by the board o f boiler rules,” as heretofore.]
LABOR LAW S— MASSACHUSETTS— ACTS OF 1908,
C h a p t er 605.— Assignments
615
of wages.
S ection 7. No assignment of, or order for, w ages to be earned
Employer to
in the future to secure a loan o f less than tw o hundred dollars, ^ent. assIgu’
shall be valid against an employer o f the person making said
assignment or order until said assignment or order is accepted
in w riting by the employer, and said assignment or order, and the
acceptance o f the same have been filed and recorded w ith the clerk
Filing,
o f the city or tow n where the party making said assignment or
order resides, i f a resident o f the Commonwealth, or in which
he is employed, i f not a resident o f the Commonwealth.
S ec. 8. No such assignment of, or order for, wages to be earned
Wife to join,
in the fu tu re shall be valid, when made by a married man, unless
the w ritten consent o f his w ife to the making o f such assignment
or order is attached thereto.
Approved June 11, 1908.
ACTS OF 1909.
C h a p t e r 34S.— Inspection
of steam "boilers—Locomotive engines.
S ection 1. Chapter fou r hundred and sixty-three o f the acts o f
Board m a y
the year nineteen hundred and six is hereby amended by striking make rules,
out section one hundred and seventy-three o f Part II and insert
ing in place thereof the fo llo w in g : Section 173. The board o f rail
road com m issioners may make and revise regulations fo r testing
boilers o f locom otives used by railroad corporations, by other cor
porations, and by persons, firms or associations upon any railroad
or railw ay w ithin the Commonwealth, and every person, firm,
association and corporation other than a railroad corporation, so
using a locom otive, shall inform said board in w riting on or before
June thirtieth o f each year o f the number o f locom otives so used
by him or it, together w ith the length o f track o f such railroad
or railway, its location and uses, and such other inform ation as
the board may require. The provisions o f this section shall apply
to railroads fo r private use authorized by section tw o hundred
and fifty-one o f Part II o f this act. Tests under regulations made Tests,
as aforesaid shall, i f possible, be made by the master mechanic
o f the corporation, association, person or firm w hich constructs,
repairs or uses the boiler o f the locomotive, and the report o f
such tests shall be in form satisfactory to the board. A corpora
tion, association, firm or person using a locom otive in this Com
monwealth the boiler o f w hich has not been tested in accordance
w ith the provisions o f this section shall be punished by a fine o f
twenty dollars fo r every day after notice by the board during
w hich such use continues.
Approved M ay 3, 1909.
C h a p t er 363.—Liability
of employers for injuries to employees—
Assumption of risk.
S ection 1. I f a defect in the ways, w orks or m achinery o f a
Risk not asperson, partnership or corporation has been reported to the person sumed' when,
whose duty it is to remedy said defect, or cause it to be remedied,
or to report its existence, and such defect is not remedied within a
reasonable time, and by reason o f said defect an employee is in
jured, such employees shall not be held to have assumed the risk
o f such injury.
Sec. 2. This act shall take effect on the first day o f January in
the year nineteen hundred and ten.
Approved May 7, 1909.
C h a p t e r 371.—Bureau
of statistics.
S ection 1. There shall be a bureau o f statistics, the duties o f
Duties
w hich shall be to collect, assort, arrange, and publish statistical bureau.
of
616
Director.
Reports.
Bulletins.
Schedules.
BULLETIN OF TH E BUREAU OF LABOR.
inform ation relative to the comm ercial, industrial, social, educa
tional, and sanitary condition o f the people, the productive indus
tries o f the Commonwealth, and the financial affairs o f the cities
and tow n s; to establish and m aintain free employment offices as
provided fo r by chapter fou r hundred and thirty-five o f the acts o f
the year nineteen hundred and six and amendments th e r e o f; and
to take the decennial census o f the Commonwealth required by the
constitution and present the results thereof in such manner as the
general court may determine.
S ec . 2. Said bureau shall be in charge o f a director w ho shall
be appointed by the governor w ith the advice and consent o f the
council fo r a term o f three years and until his successor is ap
pointed and qualified. The director shall receive an annual salary
o f three thousand dollars. H e shall appoint a ch ief clerk, who, in
the absence o f the director, shall act as his deputy and w ho shall
receive an annual salary o f tw o thousand dollars. The director
may expend fo r clerical assistance, special agents, and contingent
expenses, such amount as the general court may annually appro
priate fo r these purposes. H e may require the attendance o f w it
nesses and the production o f books and documents, and may ex
amine witnesses under o a th ; and such witnesses shall be examined
in the same manner and be paid the same fees as witnesses before
the superior court.
S ec . 3. The director o f the bureau o f statistics shall annually on
or before the third W ednesday in January submit to the general
court a statement summ arizing the w ork o f the bureau during the
preceding year, and shall make therein such recom mendations as
he may deem proper. H e shall also prepare annually fo r distribu
tion as public documents, a report on the statistics o f labor, w hich
shall embody statistical and other inform ation relating especially
to labor affairs in the Com m onwealth; a report on the statistics
o f manufactures, to be gathered as hereinafter more particularly
provided f o r ; a report on the financial statistics o f the cities and
towns o f the Commonwealth, to be gathered as hereinafter m ore
particularly provided f o r ; and a report covering the w ork o f the
free employment offices. * * *
The director may also publish, at such intervals as he deems
expedient, bulletins or special reports relative to industrial or
econom ic matters and m unicipal affairs. The several publications
provided fo r in this section shall be paid fo r out o f the sum an
nually appropriated by the general court fo r the contingent ex
penses o f the bureau.
. S ec. 4. The director of the said bureau is authorized to prepare
a schedule or blank form for the collection of such data as may
be, in his judgment, desirable for the proper presentation of sta
tistics o f manufactures and the promotion of the industrial wel
fare of the Commonwealth, and the said schedule, unless modified
by the director, shall embody inquiries as to,—
(1 ) Name o f person, partnership or corporation.
(2 ) K ind o f goods m anufactured or business done.
(3 ) Number o f partners or stockholders.
(4 ) Capital invested.
(5 ) Principal stock or raw m aterial used, and total value
thereof.
(6 ) Gross quantity and value o f articles manufactured.
(7 ) Average number o f persons employed, distinguishing as to
sex, adults, and children.
(8 ) Smallest number o f persons employed, and in what month.
(9 ) Largest number o f persons employed, and in w hat month.
(10) Total wages, not including salaries o f managers, paid
during the year, distinguishing as to sex, adults, and children.
(11) Proportion that the business o f the year bore to the great
est capacity fo r production o f the establishment.
(12) Number o f weeks in operation during the year, part time
being reduced to fu ll time.
The said schedule shall be sent by mail annually, on or before
the fifteenth day o f December, to the owner, operator, or manager
LABOR LAW S---- MASSACHUSETTS---- ACTS OF 1909,
617
o f every m anufacturing establishment in the Commonwealth, and
such owner, operator, or manager, or any other person to whom
the schedule or blank form is sent shall answer the inquiries
thereon and return the same to the bureau properly certified as to
its accuracy, not later than the follow in g twentieth day o f Janu
ary : Provided , however, That the director may, in his discretion,
extend the time fo r returning the schedule beyond said twentieth
day o f January. The director is authorized to suspend the opera
tion o f this section in years when the United States takes a census
o f m anufactures in Massachusetts, to such degree as may be neces
sary in order to facilitate cooperation between said bureau and
the federal census authorities in the collection and com pilation
o f the statistics o f Massachusetts m anufactures in such census
years, and the avoidance o f needless duplication o f labor and
expense.
S ec . 5. The inform ation authorized to be collected by the pre
Names, etc.*
ceding section shall not be used by said bureau either by publica not to be dis
closed.
tion or in any other manner, so as to disclose the private affairs
o f any person, partnership or corporation, and the bureau shall
hold all such inform ation to be strictly confidential w ith respect
to persons, partnerships, or corporations. Any official, agent, or
em ployee o f said bureau who violates this provision shall be
punished by a fine o f not more than five hundred dollars or by
im prisonment fo r not more than one y e a r ; but this section shall
not be construed as prohibiting said bureau from tabulating and
publishing such inform ation relative to manufacturing' corpora
tions as m ay be required by law to be filed w ith other state de
partments.
Repeal.
S ec . 10. Chapter one hundred and seven o f the Revised Law s
* * * [and amendments thereto] are hereby repealed.
Approved M ay 10, 1909.
C h a p t e b 393.—Inspection
of steam boilers.
S ection 1. Section one o f chapter fou r hundred and sixty-five
o f the acts o f the year nineteen hundred and seven, as am ended
by section one o f chapter five hundred and sixty-three o f the
acts o f the year nineteen hundred and eight, is hereby further
amended * * * so as to read as fo llo w s :
Section 1. A ll steam boilers and their appurtenances, except
boilers o f railroad locomotives, m otor road vehicles, boilers in
-private residences, boilers in public buildings and in apartment
houses used solely fo r heating, and carrying pressures not exceed
ing fifteen pounds per square inch, and having less than fou r
square feet o f grate surface, boilers o f not more than three
horsepower, boilers used fo r horticultural and agricultural pur
poses exclusively, and boilers under the jurisdiction o f the United
States, shall be thoroughly inspected internally and externally
at intervals o f not over one year, and shall not be operated at
pressures in excess o f the safe w orking pressure stated in the
certificate o f inspection hereinafter mentioned, w hich pressure is
to be ascertained by rules established by the board o f boiler rules,
to be appointed as hereinafter provided; and shall be equipped
w ith such appliances to insure safety o f operation as shall be
prescribed by said board. A ll such boilers installed after January
first, nineteen hundred and eight, shall be so inspected when
installed. A boiler in this Commonwealth at the time o f the
passage o f this act, w hich does not conform to the rules o f con
struction form ulated by the board o f boiler rules may be installed
after a thorough internal and external inspection and hydrostatic
pressure test by a member o f the boiler inspection department o f
the district police, or by an inspector holding a certificate o f
competency as an inspector o f steam boilers, as provided by
section six o f chapter four hundred and sixty-five o f the acts o f
the year nineteen hundred and seven, and employed by the com
pany insuring the boiler. The pressure allow ed on such boilers
W h a t boil
ers to be in
spected.
Boilers n o t
conforming to
standard.
618
BULLETIN OF TH E BUREAU OF LABOR;
is to be ascertained by rules form ulated by the board o f boiler
rules. No certificate o f inspection shall be granted on any
boiler installed after M ay first, nineteen hundred and eight,
which does not conform to the rules form ulated by the board o f
boiler rules.
S ec . 2. Section twenty-six o f said chapter fou r hundred and
sixty-five is hereby amended by adding at the end th ereof the
Meetings.
w ord s: The board o f boiler rules shall hold public hearings on
the first Thursday in M ay and November o f each year, and at
such other times as the board may determine, on petitions fo r
changes in the rules form ulated by said board. I f the board,
after any such hearing, shall deem it advisable to make changes
in said rules, it shall appoint a day fo r a further hearing, and
shall give notice thereof and o f the changes proposed by adver
tising in at least one newspaper in each o f the cities o f Boston,
W orcester, Springfield, F all River, Low ell and Lynn, at least ten
days before said hearing. I f the board on its own initiative
contemplates changes in said rules, like notice and a hearing
shall be given and held before the adoption thereof. Changes
made in the rules w hich affect the construction o f new boilers
shall take effect six months after the approval o f the same by the
governor: Provided , however, That the board may, upon request,
permit the application o f such change in, or additions to, rules, to
boilers m anufactured or installed during said six months. W hen
a person desires to m anufacture a special type o f boiler the
design o f w hich is not covered by the rules form ulated by the
board o f boiler rules, he shall submit draw ings and specifications
o f such boiler to said board, which, i f it approves, shall permit
the construction o f the same.
enginesm fire
^ eo. 3. Section twenty-eight o f said chapter fou r hundred and
sixty-five is hereby amended by adding at the end thereof the
w ord s: The provisions o f this act relative to the inspection and.
operation o f boilers w ithin the Commonwealth shall not be held
to apply to steam fire engines brought into the Commonwealth
fo r tem porary use in times o f emergency, fo r the purpose o f check
ing conflagrations.
Approved M ay 14, 1909.
C h a p t e r 420 .— Sunday
labor—Special permits.
Wth °e mit y
S ection 1. The police commissioner o f the city o f Boston, or any
p rm s. mem^er 0f tke police department having a rank not low er than
that o f captain and designated by said commissioner, or the ch ief
o f police o f any other city or o f any town, upon such terms and
conditions as he deems reasonable may issue a permit for the
perform ance on the L ord’s D ay o f necessary w ork or labor which,
in his judgment, could not be perform ed on any other day w ithout
serious suffering, loss, damage, or public inconvenience. Such
perm it shall cover not m ore than one day and shall be issued not
m ore than six days prior to the day fo r w’hich it is issued.
S ec. 2. The provisions o f section tw o o f chapter ninety-eight o f
the Revised Law s shall not apply to any person w orking under,
and com plying with, the provisions o f a perm it granted as
aforesaid.
Approved M ay 21, 1909.
gran
C h a p t e r 514.—Labor
law.
[This law is m ainly a revision and consolidation o f previous
enactments, chapter 106 o f the Revised Law s form ing the basis.
The corresponding sections o f this and other statutes are indicated
in their order in the present law, sections involving material
changes being reproduced in fu ll.]
LABOR LAW S-----MASSACHUSETTS---- ACTS OF 1909,
619
Free public employment offices.
S ection 1. There shall be established and maintained, under the
O ffices escare and direction o f the director o f the bureau o f statistics, in tabiished.
such cities as may be selected after proper investigation by said
director, and w ith the approval o f the governor and council, em
ployment offices fo r the purpose o f bringing together those who
seek em ploym ent and those who desire to employ.
S ec . 2. The director o f said bureau shall appoint for each o f
Superintendthe offices provided fo r in the preceding section a superintendent ents*
w ho shall, under the direction o f said director, perform the duties
hereinafter set forth or such as he may require. The director may
also appoint an assistant superintendent and such clerks as he
m ay deem necessary fo r the proper conduct o f the business o f said
employment offices. The furniture and fixtures o f said employ
ment offices shall be provided by the sergeant-at-arms in the man
ner and under the restrictions specified in section fou r o f chapter
ten o f the Revised Law s for buildings or parts o f buildings leased
to the Commonwealth. The location o f each office established
under the provisions o f this act shall be plainly indicated by a
proper sign or signs.
S ec . 3. The superintendents o f said employment offices shall reDuties,
ceive applications from those seeking employment and from those
desiring to employ, and shall register them in such manner as
may be prescribed by the director o f said bureau, and shall take
such other action as the director may deem best to prom ote the
purposes o f said offices.
S ec . 4. No fees, direct or indirect, shall in any case be taken
No fees to
from those seeking the benefits o f said employment offices. Any be charged,
superintendent or clerk who directly or indirectly charges or re
ceives any fe e in the perform ance of*his duties shall be punished
by a fine o f not m ore than one hundred dollars or by im prison
ment in ja il fo r a term not exceeding thirty days, and shall be dis
qualified from holding further connection w ith said office.
S ec . 5. In registering applications fo r employm ent and fo r emResidents to
ployees wanted, preference shall be given to residents o f th ebe preferred.
Commonwealth.
S ec . 6 Each superintendent shall make to the director o f said
Reports,
bureau such reports o f applications fo r labor or employment
and o f other details o f the w ork o f his office as the director m ay
require. The director shall cause reports showing the business o f
the several offices to be prepared at regular intervals and to be
exchanged am ong the said offices, and shall supply them to the.
newspapers and to citizens upon request; and the several superior
tendents shall cause such reports to be posted in a conspicuous
place in their offices so that they may be open to public inspection.
S ec . 7. There shall be allow ed and paid out o f the treasury o f
Expenses,
the Commonwealth, upon the approval o f the director o f the
bureau, fo r salaries and fo r contingent expenses in connection w ith
the establishment and maintenance o f free employment offices as
herein provided for, such sum as the general court may annually
appropriate therefor. The annual salary o f the superintendents
and o f such clerk as may be appointed in each office to act as
ch ief clerk or assistant superintendent shall be fixed by the director
o f said bureau subject to the approval o f the governor and council.
S ec . 8 The director o f the bureau o f statistics is hereby authorBulletins,
ized to furnish weekly to the clerks o f all cities and towns in the
Commonwealth printed bulletins showing the demand for employ
ment, classified by occupations to such extent as may be practicable
and indicating the city or town in which the employees are wanted.
Such inform ation shall be based upon the applications fo r em
ployees made at the free employment offices under the jurisdiction
o f said bureau.
.
.
620
Lists to be
posted.
B U L L E T IN OP T H E BU REA U OF LABOR,
Sec. 9. Every city and town clerk shall post the lists received as
aforesaid in one or m ore conspicuous places in the city or town.
A city or town clerk who fails to com ply w ith the provisions o f
this section shall be punished by a fine not exceeding ten dollars.
Boards of conciliation and arbitration.
S ections 10 to 16. [Sam e as sections 1 to 7 o f R. L., chapter
106, as amended by chapter 399 and chapter 313, A cts o f 1904.]
General provisions.
D efin ition s
S ection 17. The follow in g w ords and phrases as used in all laws
o f terms used. relative to the employment o f labor shall, unless a different mean
ing is plainly required by the context, have the follow in g mean
ings :
44Bleaching w orks ” shall mean any premises in w hich the proc
ess o f bleaching yarn or cloth o f any m aterial is carried on.
44 Child ” or 44minor ” shall mean a person under eighteen years
o f age.
44D yeing w orks ” shall mean any premises in w hich the process
o f dyeing yarn or cloth o f any m aterial is carried on.
44F actory ” shall mean any premises where steam, w ater or other
mechanical pow er is used in aid o f any m anufacturing process
there carried on.
44 Glass w orks ” shall mean any premises in w hich the m anufac
ture o f glass is carried on.
44Iron w orks ” shall mean a mill, forge or other premises in or
upon w hich any process is carried on fo r converting iron into
malleable iron, steel or tin plate, or fo r otherw ise making or con
verting steel.
44 Letterpress establishments ” shall mean any premises in which
the process o f letterpress printing is carried on.
44M anufacturing establishments ” shall mean any premises,
room or place used fo r the purpose o f making, altering, repairing,
ornamenting, finishing or adapting fo r sale any article or part o f
an article.
44M echanical establishments ” shall mean any premises, other
than a factory as above defined, in which* m achinery is employed
in connection w ith any w ork or process carried on therein.
44M ercantile establishments ” shall mean any premises used for
the purposes o f trade in the purchase or sale o f any goods or mer
chandise, and any premises used fo r the purposes o f a restaurant
or fo r publicly providing and serving meals.
44Paper m ills ” shall mean any premises in w hich the m anufac
ture o f paper is carried on.
“ P erson ” shall mean an individual, corporation, partnership,
company or association.
44 Print w orks ” shall mean any premises in w hich is carried on
the process o f printing figures, patterns or designs upon cotton,
linen, woolen, w orsted or silken yarn or cloth, or upon any w oven
or felted fab ric w hich is not paper. 44 Public building ” shall mean any building or premises used as
a public or private institution, church, theater, public hall, place
o f public entertainment, resort or assemblage.
44 Schoolhouse ” shall mean any building or premises in w hich
public or private instruction is afforded to not less than ten pupils
at one time.
44W om an ” shall mean a wom an eighteen years o f age or over.
44 W orkshop ” shall mean any premises, room or place, w hich is
not a factory as above defined, wherein manual labor is exercised
by w ay o f trade or fo r purposes o f gain in or incidental to a
process o f making, altering, repairing, ornamenting, finishing or
adapting fo r sale any article or part o f an article, and to w hich
or over w hich premises, room or place the em ployer o f the per
sons w orking therein has the right o f access or con trol; but the
LABOR LAW S---- MASSACHUSETTS---- ACTS OF 1909.
621
exercise o f such manual labor in a private house or private room
by the fam ily dwelling therein or by any o f them or i f a m ajority
o f the persons therein employed are members o f such fam ily,
shall not o f itself constitute such house or room a workshop within
this definition.
“ Young p erson ” shall mean a person o f the age o f fourteen
years and under the age o f eighteen years.
S ecs . 18 to 20. [Sam e as sections 11 to 13 o f It. L., chapter 106.]
S ec . 21. [Sam e as section 14 o f R. L., chapter 106, as amended
by chapter 311, A cts o f 1904.]
S ec . 22. A person to whom a debt is due fo r labor w hich has
W a g e debts
been perform ed in constructing a building, sewer or drain, or it^e“ unicipaI"
w ater w orks or other public works, owned by a city or town, under
a contract w ith any person having authority from or rightfully
acting fo r such city or town in furnishing such labor, shall have
a right o f action against such city or town to recover such debt
if, w ithin thirty days after he ceases to perform such labor, he
files in the clerk’s office o f the city or tow n against w hich he
claim s such a right o f action a written statement, under oath,
o f the am ount o f the debt so due to him, and the names o f the
persons fo r whom and by whose employment the labor w as per
form ed, and if, within sixty days after he ceases to perform
such labor, he commences such action. Such right o f action shall
not be lost by reason o f a mistake in stating the amount d u e ; but
the claim ant shall not recover as damages a larger amount than
is named in said statement as due to him, w ith interest. No
person w ho has contracted to furnish labor other than his own
in 'su ch construction shall have such right o f action.
S ec . 24. [Sam e as section 15 o f R. L., chapter 106.]
S ec . 25. [Com bines sections 1 and 3 o f chapter 320, A cts o f
1903. ]
S ec. 26. The offices o f probation officer, notary public and
S ta tu s o f
ju stice o f the peace, prison officer, agent o f the prison com m is-offices*
sioners and agent o f the state board o f charity shall not be con
sidered public offices within the meaning o f the preceding section.
S ec , 27. W hoever knowingly causes to be printed or published
False advera false or fraudulent notice or advertisement fo r help or fo r [^ )e(^ ents f o r
obtaining w ork or employment shall be punished by a fine o f not
m ore than five hundred dollars or by imprisonment fo r not more
than three months or by both such fine and imprisonment.
S ecs . 28, 29. [Sam e as sections 1 and 2, chapter 343, A cts o f
1904. ]
S ec. 30. Trade unions and other associations o f w age-workers Trade unions
whose principal objects are to deal with the relation between j^uranwiaw s>
employers and em ployees relative to wages, hours o f labor and
other conditions o f employment shall not be subject to the pro
visions o f chapters one hundred and nineteen and one hundred
and twenty o f the Revised Law s and chapter five hundred and
seventy-six o f the acts o f the year nineteen hundred and seven
or o f such other provisions o f law as relate to insurance companies
or associations.
S ecs . 31, 32. [Sam e as sections 1 and 2, chapter 335, A cts o f
1904.]
S ec . 33. [Sam e as section 9 o f R. L., chapter 106.]
S ecs . 34, 35. [Sam e as sections 11 and 12 o f R. L., chapter 108.]
S ec . 36. W hoever violates a provision o f this act for which no
General penspecific penalty is provided shall be punished by a fine o f not more altythan one hundred dollars.
Hours of labor.
S ections 37 to 40. [Sam e as sections 1 to 4, chapter 517, A cts o f
1906, as amended by chapters 269 and 570, A cts o f 1907, with
changes to adapt the provisions o f these sections to the new num
bering o f the law, section 20 o f R. L., chapter 106, becoming sec
tion 42 o f the present law.]
622
B U L L E T IN OP T H E B U REA U OP LABOR,
Exemptions.
Sec, 41. The provisions o f the fou r preceding sections shall not
apply to or affect contractors or subcontractors for work, contracts
fo r w hich w ere entered into prior to the twenty-second day o f June
in the year nineteen hundred and six.
A ccep tan ce
S ec. 42. In a city Or town w hich, by a vote taken by ballot at
by cities and
an annual election, accepts the provisions o f this section, or, subse
towns.
quently to the twenty-eighth day o f June in the year nineteen
hundred and seven, accepted the provisions o f section tw enty o f
chapter one hundred and six o f the Revised Laws, eight hours
shall constitute a day’s w ork fo r all laborers, workm en and me*
chanics who are employed by such city or town. I f a petition
fo r such vote, signed by one hundred or more registered voters
o f a city, or twenty-five or m ore registered voters o f a town, is
filed w ith the city or town clerk, respectively, thirty days or more
before an annual election such vote shall be taken at such election.
N in e -h o u r
S ec . 43. In a city or town, w hich has not accepted the pro
day.
visions o f sections thirty-seven or forty-tw o, nine hours shall
constitute a day’ s w ork fo r all laborers, workm en and mechanics
w ho are employed by or on behalf o f such city or town.
Honrs f o r
S ec. 44. Any city may by ordinance and any town may by
lire d e p a r t
by-law establish the hours o f labor o f the members o f its fire
ment.
department.
S ec. 45. [Com bines sections 5 and 447 o f chapter 560, Acts
o f 1907.]
Sec. 46. [Sam e as section 95 o f chapter 463, Part III, A cts
o f 1906.]
Employment of women and children.
S ection 47. [Sam e as section 23 o f R . L., chapter 106, amended
by chapter 397, A cts o f 1904.]
In manufac
S ec . 48. No child and no woman shall be employed in laboring
turing and me
chanical estab in a m anufacturing or mechanical establishm ent more than ten
hours in any one day, except as hereinafter provided in this
lishments.
section, unless a different apportionment o f the hours o f labor is
made fo r the sole purpose o f m aking a shorter day’s w ork fo r one
day o f the w e e k ; and, in no case, shall the hours o f labor exceed
fifty-eight in a w e e k ; and i f any child or w om an shall be employed
in more than one m anufacturing or m echanical establishment, the
total number o f hours so employed shall not exceed fifty-eight in
any one week. From and after the first day o f January in the
year nineteen hundred and ten, no child and no woman shall be
employed in laboring in a m anufacturing or mechanical establish
ment m ore than ten hours in any one day, except as hereinafter
provided in this section, unless a different apportionment o f the
hours o f labor is made fo r the sole purpose o f making a shorter
day’s w ork for one day o f the w e e k ; and in no case shall the hours
o f labor exceed fifty-six in a week, except that in any such estab
lishment where the employment is by seasons, the number o f such
hours in any week may exceed fifty-six, but not fifty-eight, if
the total number o f such hours in any year shall not exceed an
average o f fifty-six hours a week fo r the w hole year, excluding
Sundays and holidays. E very employer shall post in a conspicuous
place in every room in w hich such persons are employed a printed
n otice stating the number o f hours’ w ork required o f them on each
day o f the week, the hours o f commencing and stopping work, and
the hours when the time allow ed fo r meals begins and ends or,
in the case o f establishments exempted from the provisions o f
sections sixty-seven and sixty-eight o f this act, the time, i f any,
allow ed fo r meals. The printed form s o f such notices shall be
provided by the ch ief o f the district police, after approval by the
attorney-general. The employm ent o f such person at any time
other than as stated in said printed notice shall be deemed a
violation o f the provisions o f this section unless it appears that
such employment w as to make up time lost on a previous day o f the
same week in consequence o f the stopping o f machinery upon
LABOR LA W S— M ASSACH U SETTS— ACTS OF 1909,
623
which he or she w as employed or dependent fo r em ploym ent;
but no stopping o f machinery fo r less than thirty consecutive
minutes shall ju stify such overtim e employment, nor shall such
overtim e employment be authorized until a written report o f the
day and hour o f its occurrence and its duration is sent to the ch ief
o f the district police or to an inspector o f factories and public
buildings.
S ec. 49. A parent or guardian w ho permits a minor under his
V io la t io n s
control to be em ployed in violation o f either o f the tw o preceding hy parents,
sections, and any person who, either fo r him self or as superin
tendent, overseer or agent fo r another, employs any person in
violation o f the provisions o f either o f said sections, or fails to
post the n otice required by either o f the preceding sections, or
makes a false report o f the stopping o f machinery under the pro
visions o f the preceding section, shall be punished by a fine o f
not less than fifty nor more than one hundred dollars. A cer
tificate o f the age o f a minor made and sworn to by him and by his
parent or guardian at the time o f his employment in a mercantile,
m anufacturing or m echanical establishment shall be prima facie
evidence o f his age in any prosecution under the provisions o f this
section.
Weekly day of rest.
S ection 52. [Combines sections 1 to 3 o f chapter 577, A cts o f
1907.]
Employment of women and children,
S ection 56. No child under the age o f fourteen years, and no
Age limit of
child w ho is over fourteen and under sixteen years o f age w ho children,
does n ot have a certificate as required by the fou r follow in g sec
tions certifying to the child’s ability to read at sight and to w rite
legibly simple sentences in the English language shall be em ployed
in any factory, workshop or mercantile establishment. The ability
to read at sight and to w rite legibly simple sentences in the Eng
lish language shall be construed as meaning such ability to read
and w rite as is required fo r admission to the fourth grade o f the
public schools o f the city or town in w hich such m inor lives. No
child under the age o f fourteen years shall be employed at w ork
Employment
perform ed fo r wages or other compensation, to whom soever pay- time
sch001
able, during the hours when the public schools o f the city or tow n
in w hich he resides are in session, or be employed at w ork before
six o’clock in the morning or after seven o’clock in the evening.1 Night work.
But m inors to whom the provisions o f this section apply shall be
permitted to w ork on Saturdays between the hours o f six in th e
morning and seven in the evening in mercantile establishments.
Sec. 57. [Sam e as section 29 o f R. L., chapter 106, adding the
provision o f chapter 284, A cts o f 1906, that the educational test
required is such as is necessary fo r admission to the fourth grade
o f a public school o f the city or town in w hich the child lives.]
S ec. 58. [Sam e as section 30 o f R. L., chapter 106, w ith the
added requirement that no person shall approve an employment
certificate unless he is satisfied that the person named therein is
able to read at sight and to w rite legibly simple sentences in the
English language.]
Sec. 59. [Sam e as section 31 o f R . L., chapter 106, as amended
by chapter 224, A cts o f 1907.]
Sec. 60. [Sam e as section 32 o f R. L., chapter 106, except that
the certificate om its from the main body thereof provision fo r
minors not able to read and w rite.]
Sec. 61. [Sam e as section 1, chapter 499, A cts of 1906.]
S ec. 62. [Com bines section 34 o f R. L., chapter 106, and section
2 .o f chapter 499, A cts o f 1906.]
Secs. 63 to 65. [Sam e as sections 3 to 5 o f chapter 499, Acts
o f 1906.]
S ec. 66. [Sam e as section 35 o f R. L., chapter 106, as amended
by chapter 183, Acts o f 1902.]
624
B U L L E T IN OF T H E BU REA U OF LABOR.
S ecs. 67 to 73. [Sam e as sections 36 to 42 o f R. L., chapter 106.]
Children
S ec. 74. No elevator fo r the carriage o f freight or passengers
operating ele shall be operated by or placed in charge o f any person under
vators.
sixteen years o f age, and all elevators fo r the carriage o f freight
or passengers running a t a speed o f m ore than one hundred
feet a minute shall be operated by competent persons not less
than eighteen years o f age and no other person shall operate or
have the care or charge o f such an elevator. Any person, firm
o r corporation violating any provision o f this section by operat
ing or causing an elevator to be operated or to be taken care
or charge o f in any manner contrary to its provisions shall be
punished by a fine o f not less than twenty-five nor m ore than
one hundred dollars fo r each offence.
S ecs . 75 to 77. [Sam e as sections 44 to 46 o f R. L., chapter 106.]
Inspection of factories and workshops.
S ection 78. [Com bines sections 1 and 2 o f chapter 322, A cts of.
1902, w ith the added provision o f enforcem ent by state inspectors
o f health in conjunction w ith the other officers named.]
S ecs . 79 to 83. [Sam e as sections 48 to 51 o f R. L., chapter 106.]
S ecs . 84, 85. [Sam e as sections 52 and 53 o f R. L., chapter 106,
except fo r the substitution o f the w ords “ state inspector o f health ”
fo r the w ords “ inspector o f factories and public buildings.” ]
S ecs . 86 to 90. [Sam e as sections 1 to 6 o f chapter 475, A cts
o f 1902, except that enforcem ent is com m itted to the state in
spector o f health instead o f to the district police and factory
inspectors.]
S ecs . 91 to 93. [Sam e as sections 38 to 40 o f R . L., chapter
104.]
S ec. 94. [Sam e as section 41 o f R. L., chapter 104, as amended
by chapter 503, A cts o f 1907, except fo r the omission o f the re
quirement o f suitable receptacles fo r expectoration (provided
fo r in section 103).]
S ecs . 95 to 100. [Sam e as sections 42 to 47 o f R. L., chapter
104.]
S ec. 101. [Com bines sections 1 to 3 o f chapter 347, A cts o f 1904.]
S ec . 102. [Com bines sections 1 and 2 o f chapter 250, Aets o f
1906. ]
Cuspidors,
Sec. 103. Suitable receptacles for expectoration shall be pro
vided in all factories and workshops by the proprietors thereof, the
same to be o f such form and construction and of such number as
shall be satisfactory to the board of health o f the city or town in
which the factory or workshop is situated.
S ec. 104. [Com bines sections 1 and 2 o f chapter 164, A cts o f
1907. ]
S ec. 106. [Sam e as section 56 o f R. L., chapter 106, as amended
by chapter 238, A cts o f 1905, except that the state board o f health
is charged w ith the inspection and licensing o f tenements used
as sweat shops instead o f the inspector o f factories and the dis
trict police.]
S ecs . 107 to 111. [Sam e as sections 57 to 61 o f R. L., chapter
106.]
Payment of wages.
S ection 112. [Sam e as section 62 o f R. L., chapter 106, as
amended by chapter 193, A cts o f 1907.]
S ecs . 113, 114. [Sam e as sections 63 and 64 o f R . L., chapter
106.]
S ecs . 115, 116. [Sam e as sections 65 and 66 o f R . L., chapter
106, as amended by chapter 304, A cts o f 1905.]
S ecs . 117 to 119. [Sam e as sections 67 to 69 o f R . L., chapter
106.]
S ec . 120. [Sam e as section 10, R. L., chapter 106.]
S ecs . 121 to 124. [Sam e as sections 1 to 4 o f chapter 390, A cts
o f 1906.]
L A B O R L A W S— M A SSACH U SETTS— ACTS OF 1909,
625
Assignments
S ec . 125. No assignment o f future wages shall be valid against
be recorded,
a trustee process, unless before service o f the w rit upon the al to
when.
leged trustee, the assignment shall have been recorded in the office
o f the clerk o f the city or town in w hich the assignor resides at
the time o f such record. Such record shall not affect the rights
or liability o f the person or corporation from whom such earnings
are due otherwise than is provided in this section.
S ec. 126. [Sam e as section 5 o f chapter 390, A cts o f 1908.]
Liability of employers for injuries to employees.
I n juries
S ection 127. I f personal in ju ry is caused to an employee, who,
a t the time o f the injury, is in the exercise o f due care by reason caused by—
o f:
First, A defect in the condition o f the ways, w orks or machinery D e f e c t s in
w ork s and
connected w ith or used in the business o f the employer, which w
ay;
arose from , or had not been discovered or remedied in conse
quence of, the negligence o f the employer or o f a person in his
service w ho had been intrusted by him w ith the duty o f seeing
that the ways, w orks or machinery w ere in proper condition ; or,
Seeond, The negligence o f a person in the service o f the em
N eg lig en ce
of superintend
ployer w ho w as intrusted w ith and w as exercising superintend ent
;
ence and whose sole or principal duty was that o f superintend
ence, or, in the absence o f such superintendent, o f a person acting
as superintendent w ith the authority or consent of* such em
ployer ; or,
Third, The negligence o f a person in the service o f the employer P e r s o n in
of railw ho w as in charge or control o f a signal, switch, locom otive en rcharge
o a d signal,
gine, elevated train or train upon a railroad or elevated r a ilw a y ; etc.
Rights of inThe employee, or his legal representatives, shall, subject to the
jured
emprovisions o f the nine follow ing sections, have the same rights to ployees.
compensation and o f action against the employer as i f he had not
been an employee, nor in the service, nor engaged in the work, o f
the employer.
A car w hich is in use by, or w hich is in possession of, a rail
road corporation, or an elevated car which is in use by or w hich
is in possession o f an elevated railw ay corporation, shall be con
sidered as a part o f the ways, w orks or machinery o f the corpora
tion w hich uses or has it in possession, within the meaning o f
clause one o f this section, whether it is owned by such corpora
tion or by some other company or person. One or m ore cars
w hich are in motion, whether attached to an engine or not, shall
constitute a train within the meaning o f clause three o f this
section, and whoever, as a part o f his duty fo r the time being,
physically controls or directs the movements o f a signal, switch,
locom otive engine, elevated train or train shall be deemed to be a
person in charge or control o f a signal, switch, locom otive engine,
elevated train or train within the meaning o f said clause.
S ecs. 128, 129. [Sam e as section 72 (as amended by chapter 370,
A cts o f 1906) and section 73 o f R. L., chapter 106.]
Sec. 130. I f an action is brought under the provisions o f the Actions may
preceding section by the w idow o f the employee, or by the next be amended.
o f kin, w ho m ay have such right o f action, or i f the action is
brought under the provisions o f section one hundred and twentyseven by the legal representatives, such action shall not fa il by
reason o f the fa ct that it should have been brought under the
other section, but may be so amended as to provide against such
failure at any time prior to final judgment.
Sec. 131. [Sam e as section 74 o f It. L., chapter 106.]
S ec. 132. [Sam e as section 75 o f R. L., chapter 108, except that
the last sentence thereof is omitted.]
S ecs. 133, 134. [Sam e as sections 76 and 77 o f R. L., chapter
106.]
Sec. 135. [Sam e as section 78 o f R. L., chapter 106, w ith the
inclusion o f a reference to railw ay relief societies form ed under
the provision o f sections 46, 47, and 48 o f Part I, chapter 462,
A cts o f 1906.]
626
B U L L E T IN OF T H E BU BEA U OF LABOB,
C om pensaS ec. 136. An employer o f labor may submit to the state board o f
juries. f°r in conciliation and arbitration a plan o f compensation fo r employees
in bis employ, providing fo r payments to, them in the event o f
in ju ry in the course o f their employment, based upon a certain
percentage o f their average earnings, and w ithout reference to
legal liability under the common law o f the em ployers’ liability
act. A fter exam ination o f such plan o f compensation, and a
public hearing thereon after public notice thereof, said board
may, i f it considers the plan fa ir and ju st to the employee, give
its approval th ereof by its certificate attached th ereto; and,
thereafter, the employer may enter into a contract w ith his
employees by w hich they shall release him from liability in case
o f in ju ry in the course o f said employm ent and accept in lieu
thereof the compensation provided in said plan.
M i n o r emS ec . 137. Either parent or the guardian o f any minor employee
ployees.
may agree to said plan o f compensation in behalf o f the minor.
Such agreement shall be in w riting signed by the employee, or, in
the case o f a m inor employee, by either parent or the guardian,
in the presence o f tw o witnesses, o f whom one shall be an
employee at the tim e o f such signature.
Waivers ]>y
S ec . 138. No em ployer shall require as a condition o f employ
employees.
ment that any em ployee shall assent to any plan o f compensation
or in any w ay w aive his legal right to recover damages fo r an
in ju ry outside the provisions o f such plan, and no contract under
such plan o f compensation shall be binding fo r more than one
year from the date thereof.
Subm ission
S ec . 139. The employees o f any em ployer o f labor, numbering
o / pT a^sye<>f afc leas* ten per cent o f those regularly employed during the pre
compensation. ceding year, may submit to the state board o f conciliation and
arbitration a plan o f »compensation such as is described in section
one hundred and thirty-six o f this act. Such plan shall be
referred to the employer, and in case no agreement between the
em ployer and employees is reached w ithin thirty days and
reported to said board, then after exam ination o f the said plan o f
compensation, and a public hearing thereon after public notice
thereof, the board o f conciliation and arbitration may, i f it c o n
siders the same fa ir and ju st to the em ployer and employees,
recommend to the em ployer the adoption o f the same. Upon
notice o f acceptance o f the plan duly filed by the em ployer the
plan shall be deemed to be in force precisely as i f it had been
submitted and approved under the provisions o f the preceding
sections o f this act.
Contracts of
S ec. 140. Except as provided in the fou r preceding sections, no
biddenion for P8rS0n
by a special contract w ith his employees, exempt
him self from liability w hich he may be under to them fo r injuries
suffered by them in their employment and resulting from the
negligence o f the employer or o f a person in his employ.
inspection of
Sent6 ° f aCCi
Sec. 141. A justice o f the superior court may, upon petition
forth in ordinary language that the servant or employee
of a certain firm, person, corporation or association has been
injured in the course o f his employment, through some defect in
the ways, works or machinery owned or used by the employer,
and that it is necessary in order to protect the interests of the
injured person that an examination should be made of the ways,
works or machinery through whose defect the injury occurred, and
after such notice to the employer as any justice o f said court may
direct or approve, and a hearing, grant an order directing the
employer or person in control o f such ways, works or machinery
to permit the person named in said order to make such examina
tion, under such conditions as shall be set forth in the order.
Exemptions.
S ec. 142. The provisions of the fourteen preceding sections shall
not apply to injuries caused to domestic servants or farm laborers
by fellow-employees.
Use of deS ec . 143. An employee o f a railroad corporation w ho is injured
m en tion q
by any locom otive, car or train which is used contrary to the
roads.
raS-
"p rovisions o f sections one hundred and fifty-nine, one hundred
and sixty-one, one hundred and sixty-tw o and one hundred and
LABOR LAW S— MASSACHUSETTS— ACTS OF 1909,
627
sixty-three o f P art I I o f chapter fou r hundred and sixty-three
o f the acts o f the year nineteen hundred and six, shall not be
deemed to have assumed the risk o f such injury, although he
Assumption*
continues in the employment o f such corporation after the unlaw- of risk*
fu l use o f such locom otive, car or train has been brought to h is
knowledge. An employee o f a railroad corporation who is injured
by any locom otive, car or train by reason o f the negligence o f
any other employee o f the corporation shall not be deemed to have
assumed the risk o f such injury.
S ec . 144. [Sam e as section 17 o f R. L., chapter 106.]
S ec. 146. The provisions o f this act, so fa r as they are the same
Effect of reas those o f existing statutes, shall be construed as a continuation ^construction
thereof, and not as new enactments, and a reference in a statute 0f law.
which has not been repealed to provisions o f law w hich have been
w holly or partially revised and reenacted herein shall be con
strued as applying to such provisions as so incorporated in this
act. The repeal o f a law by this act shall not affect any act done,
ratified or confirmed, or any right accrued or established, or any
action, suit or proceeding commenced under any o f the law s re
pealed before the repeal took effect, or any action, suit or proceed
ing pending at the time o f the repeal fo r an offence committed, or
fo r the recovery o f a penalty or forfeitu re incurred, under any o f
the laws repealed, but the proceedings shall, when necessary, con
form to the provisions o f this act. Any provision o f this act by
which a punishment, penalty or forfeitu re is m itigated may be ex
tended and applied to any judgm ent pronounced after said repeal.
Approved June 18, 1909.
C h a p t e r 536.—Examination
and licensing of plumbers.
S ection 1. W ithin thirty days after the passage o f this act, the
Board of ex
state board o f health shall appoint three examiners o f plumbers. aminers*
The first shall be a practical plumber o f at least five years’ con
tinuous practical experience. The second shall be a sanitary
expert, and the third shall have such qualifications as may be
required by the state board o f health. The three persons so ap
pointed shall be known as the state examiners o f plumbers, and
their terms o f office shall be as fo llo w s : the first examiner shall
be appointed fo r a term o f three years; the second examiner
fo r a term o f tw o years; the third examiner fo r a term o f one
y e a r ; and all subsequent appointments, except the filling o f
vacancies shall be fo r terms o f three years each. Appointments
to fill vacancies shall be fo r the unexpired terms. The first
exam iner shall act as clerk.
The compensation o f the first
exam iner shall be tw o thousand dollars per annum, or such other
sum as may be fixed by the state board o f health, subject to the
approval o f the governor and council. The compensation o f each
o f the other examiners shall not exceed five dollars a day for
every day o f actual service, nor m ore than three hundred and fifty
dollars in any one year. The compensation o f the state examiners
o f plumbers, together w ith the traveling and other necessary ex
penses o f the clerk shall, when approved by the chairm an o f the
state board o f health and by the governor and council, be paid
from the treasury o f the Commonwealth.
S ec . 2. The state examiners o f plumbers may make such rules as
D u t i e s of :
they deem necessary fo r the proper perform ance o f their duties, l)oar<i‘
w hich rules shall take effect when approved by the state board
o f health. They shall examine, in the manner prescribed by sec
tion fou r o f chapter one hundred and three o f the Revised Laws,
all persons desiring to engage in the business o f plumbing as
master plumbers, or to w ork at the business o f plumbing as
journeym en plumbers. They shall hold frequent examinations
in the city o f Boston. They shall also, tw ice in each year, hold
exam inations at five other convenient points w ithin the Common
wealth. Public notice shall be given o f all examinations. Appli
cation fo r examination shall be made in the handwriting o f the
20092— No. 85— 10------- 12
628
B U L L E T IN OF T H E B U BEA U OF LABOB.
applicant, and he shall be notified by the state examiners o f
plumbers as to the time and place o f examination. The state
examiners o f plumbers may, w ithout the payment o f any fee
therefor, issue a probationary license, good for a term o f six
months, to one who, having w orked either as an apprentice, or
under a verbal agreement fo r instruction, fo r not less than three
years, presents an application therefor, bearing a w ritten indorse
ment signed by his employer in w hich the employer agrees to be
responsible fo r all wrork done under the license and to have the
apprentice present him self fo r exam ination as a journeym an
plumber at the expiration o f the term fo r w hich the license w as
issued.
S ec . 3. It shall be the duty o f the board o f health o f every city
L i s t s to be
furnished.
and town, or o f the inspector o f buildings o f every city and town
in w hich the inspector o f buildings has control o f the enforcement
o f the regulations relative to plumbing, to furnish the state
examiners o f plumbers within three months from the passage o f
this act w ith a correct list o f the names and addresses o f all
registered or licensed plumbers w ithin such city or town. A ll
persons already holding legal certificates o f registration may,
w ithin six months from the passage o f this act, register anew with
the state exam iners o f plumbers. A license heretofore issued to
a person after an exam ination shall continue in effect fo r the term
fo r w hich it w as issued, but may be exchanged, w ithout payment
o f an additional fee, fo r a license issued by the state exam iners o f
Certificates. plumbers. Persons w ho have w orked as journeym en plumbers,
and who are registered as master plumbers under the provisions
o f chapter fou r hundred and fifty-five o f the acts o f the year
eighteen hundred and ninety-four, shall be granted certificates
o f registration as journeym en plum bers; and persons who have
passed the examination for, and w ho hold master plumbers’
licenses, shall w ithout further exam ination be granted journeym en
plumbers’ licenses by the state exam iners o f plumbers. The fees
fo r registration, and fo r the license o f a master plumber, shall
be tw o dollars each. The fees fo r examination, and fo r renewals
shall be fifty cents each. The fees fo r the registration and for
the license o f a journeym an plumber shall be fifty cents each.
Fees received by the said examiners shall be paid m onthly by their
clerk into the treasury o f the Commonwealth. The report o f the
state examiners o f plumbers shall be a part o f the annual report
o f the state board o f health.
S ec . 4. Certificates and licenses issued by the state exam iners o f
Effect of cer
tificates and li plumbers shall be valid and have effect throughout the Common
censes.
wealth. The said examiners shall from tim e to time forw a rd to
the board o f health o f each city and town, or to the inspector
o f buildings o f each city and town in w hich the inspector o f build
ings has control o f the enforcem ent o f the regulations relative to
plumbing, a list o f the names and addresses o f all persons within
such city or town w ho have been granted plumbers’ licenses or
certificates. Licenses shall be issued fo r the term o f one year, and
Term.
shall be renewable on or before the first day o f M ay in each year
upon the payment o f the required fee. Each holder o f a master
plumber’s certificate or o f a license shall register his name and
business address w ith the board o f health o f the city or town
where the holder thereof desires to engage in the business o f
plumbing as a master plu m ber; except that in a city or town where
the inspector o f buildings has control o f the enforcement o f the
regulations relative to plumbing, such holder shall register his
name and address w ith the inspector o f buildings. The said
Revocation. examiners may, after notice and a hearing, revoke the license o f
any person who, after having been convicted o f a like offense, has
violated any regulation relative to plumbing. I f the holder o f
a certificate o f registration or a license has, in the opinion o f a
board o f health o f a city or town or o f the inspector o f buildings
o f a city or town in w hich such inspector has control o f the en
forcem ent o f the regulations relative to plumbing, violated any
statute, ordinance, by-law, rule or regulation relative to plumbing,
Licenses.
LABOR LAW S---- MASSACHUSETTS— ACTS OF 1909,
629
the board o f health or the inspector o f buildings, i f said inspector
has control o f the enforcement o f regulations relative to plumbing,
o f the city or town w here such violation is deemed to have been
committed, m ay request the state examiners o f plumbers to forbid
such holder to engage in the business o f plumbing as a master
plumber, or to w ork at the business o f plumbing as a journeym an
plumber w ithin such city or town, fo r a term not exceeding thirty
days. A fter notice and after hearing both parties, the state exam
iners o f plumbers shall serve notice o f their decision on each o f
the parties interested. No person shall do any w ork in plumbing
w hich is subject to inspection, unless he has been registered or
licensed as a journeym an plumber in accordance with the pro
visions o f this act, and his certificate or license shall be exhibited
whenever required by the inspector o f plumbing. Every master
plumber’s certificate or license shall at all times be displayed
conspicuously w ithin his place o f business.
S ec . 9. T he w ords “ master or em ploying plumber,” as used in Definitions,
chapter one hundred and three o f the Revised Laws, shall be
deemed to mean a plumber having a regular place o f business
and who himself, or by journeymen plumbers in his employ, per
form s plumbing work. The w ord “ corporation,” as used in said
chapter one hundred and three, shall be deemed to mean a cor
poration form ed fo r the purpose o f engaging in the business o f
plumbing.
Sec. 10. Every person engaging in the business o f plumbing as Violations,
a master plumber, or w orking at the business o f plumbing as a
journeym an plumber, not having been registered or licensed as
herein provided; and every person engaging in or w orking at the
business o f plumbing in a city or tow n where he has been forbidden
so to do under the provisions o f section fou r o f this a c t ; and every
person violating any provision o f this act or any rule o r regulation
made thereunder shall be punished by a fine not exceeding fifty
dollars fo r each offense.
S ec. 11. Upon the appointment o f the state examiners o f
Local boards
plumbers, the authority o f the boards o f examiners o f plumbers abolished,
appointed under the provisions o f chapter one hundred and three
o f the Revised Law s shall cease, and said boards shall thereupon
be abolished.
Sec. 12. A ll acts and parts o f acts inconsistent herewith are Repeal,
hereby repealed. The provisions o f this act in so fa r as they are
the same as the provisions o f chapter one hundred and three of
the Revised Law s shall be construed as a continuation o f said Construction,
chapter and n ot as new enactments.
Approved June 19, 1909.
M IC H IG A N .
CO N STITU TIO N OF 1909.
A rticle V.— Employment
of women and children.
S ection 29. The legislature shall have power to enact laws relaP o w e r of
tive to the hours and conditions under which women and children legislature,
may be employed.
AC TS OF 1909.
A ct N o . 52.— Railways— Construction
and equipment of cabooses.
S ection 1. From and after January one, nineteen hundred ten, Platform and
it shall be unlaw ful fo r any railroad company, operating railroad steps required,
lines within the State o f Michigan, to use or operate, or cause to
be used or operated, over any part o f its lines within the State o f
M ichigan, any caboose or w ay car which is not fu lly equipped with
630
B U L L E T IN OF T H E BU BEA U OF LABOB.
end platform s and platform steps, said platform and platform
steps to be o f substantial construction to be approved by the
M ichigan railroad commission.
Violations.
S ec . 2. I f any railroad com pany operating any railroad line
within the State o f Michigan w hich shall use or operate, or
cause to be used or operated, over any part o f its lines w ithin
this State any caboose or w ay car not equipped w ith end platform s
and platform steps it shall be deemed guilty o f a misdem eanor
and upon conviction thereof shall be fined not less than one hun
dred dollars nor more than five hundred dollars in the discretion
o f the court.
Liability in
S ec . 3. In addition to the liability prescribed in section tw o
damages.
hereof, any railroad company violating any o f the provisions o f
this act shall be liable in civil damages fo r all damages caused
or resulting from a violation o f any o f its provisions.
Enforcement.
S ec . 4. It shall be the duty o f the M ichigan railroad commission
to enforce the provisions o f sections one and tw o o f this act.
Approved A pril 28, 1909.
A ct N o. 104.—Liability
of railroad companies for injuries to
employees.
Liability de
S ection 1. E very common carrier railroad com pany in this State
clared.
shall be liable to any o f its employees, or, in case o f his death, to
his personal representative for the benefit o f his w idow and
children, i f a n y ; i f none, then fo r his parents; i f none, then fo r
his next o f kin, fo r all damages w hich may result from the negli
gence o f any such railroad company or from the negligence o f
any o f its officers, agents or employees, or by reason o f any defect
or insufficiency due to the negligence o f any such common carrier
railroad company in its cars, engines, appliances, m achinery,
track, roadbed, works, boats, wharves, coal docks or other
equipment.
Comparative
S ec . 2. In all actions hereafter brought against any such com
negligence.
mon carrier railroad company under or by virtue o f any o f the
provisions o f this act to recover damages fo r personal in ju ry to
an employee, or where such injuries have resulted in his death, the
fact that the employee may have been guilty o f contributory neg
ligence shall not bar a recov ery : Provided, That the negligence o f
such employee w as o f a lesser degree than the negligence o f such
Violation of company, its officers, agents or em ployees: Provided further , That
statutes.
no such employee w ho may be injured or killed shall be held to
have been guilty o f contributory negligence in any case w here the
violation by such common carrier railroad company o f any statute
enacted for the safety o f employees contributed to the in ju ry o f
such employee, and such employee shall not be held to have as
sumed the risk o f his employment in any case where the viola
tion by such common carrier o f any statute enacted fo r the safety
o f employees contributed to the in ju ry or death o f such employee*
Definition.
S ec. 3. The w ords “ railroad company,” as used in this act,
shall be taken to embrace any company, association, corporation,
or person managing, maintaining, operating, or in possession o f a
common carrier railroad in whole or in part w ithin this State,
whether as owner, contractor, lessee, mortgagee, trustee, assignee
or receiver.
C o n tr a c t s
S ec . 4. No contract o f employment, insurance, relief benefit, or
not a defense. indemnity fo r in ju ry or death entered into by or on beh alf o f any
employee, nor the acceptance o f any such insurance, relief benefit
or indemnity by the person entitled thereto, shall constitute any
bar or defense to any action brought to recover damages fo r per
sonal injuries to, or death o f such em ployee: Provided, however,
That upon the trial o f such action, the defendant may set oft
therein any sum it has contributed tow ard any such insurance,
relief benefit or indemnity that may have been paid to the injured
employee, or, in case o f his death, to his personal representative*
LABOR LA W S— M IC H IG A N — ACTS OF 1909,
631
S ec. 5. No action shall be maintained under this act unless comLimitation,
menced within tw o years from the time the cause o f action
accrued.
S ec. 6. Nothing in this act shall be held to lim it the duty o f
E xisting
common carrier railroad companies, or im pair the rights o f their Iaws*
employees under existing laws o f the State.
S ec . 7. The provisions o f this act shall not apply to employees
Exemptions,
working in shops or offices.
Approved M ay 19, 1909.
A ct No. 113.— Inspection
of steam vessels and l)Oilers— Examina
tion and licensing of engineers.
S ection 1. The commissioner o f labor shall be charged w ith the 0f^nsDectorent
adm inistration o f the provisions o f this act, shall employ an inp
spector w ho shall have had at least five years’ experience as a
licensed master or engineer on steam vessels navigating the Great
Lakes or any o f their tributary waters, and who shall be other
w ise properly qualified to enable the commissioner o f labor to
carry said provisions into effect, and shall exercise supervision
over him in the perform ance o f his duties.
S ec.. 2. The commissioner o f labor shall annually or oftener i f
A n n u a l inhe has good cause to believe it reasonable, inspect or cause to be sPectlons*
inspected every steam vessel or other vessel operated by machin
ery engaged in carrying passengers fo r hire, directly or indirectly,
excepting vessels w hich are subject to inspection under the laws
o f the United States, examine carefully her hull, boats and other
equipment, examine her engine and boilers, ascertain how long
it w ill be safe to use the same, determine the pressure o f steam
to be allow ed and so regulate the fusible plugs, safety valves and
steam cocks as to insure safety, and he m ay require such changes,
repairs and improvements to be adopted and used as he may deem
expedient fo r the contemplated route. H e shall also fix the num
ber o f passengers that may be transported. H e shall also, when
ever he deems it expedient, visit any vessel licensed under this
act and examine into her condition fo r the purpose o f ascertaining
whether or not any party thereon having a certificate from him
has conform ed to and obeyed the conditions o f such certificate
and the provisions o f this act. The owner, master, pilot, captain
or engineer o f such vessel shall answer all reasonable questions
and shall give all the inform ation in his or their power in regard
to said vessel, her machinery and the manner o f managing the
same. In case o f damage by fire or by explosion, collision or
stranding or by means o f ap electrical apparatus, he may investi
gate the cause thereof, and if found by him to have been occasioned
by a violation o f any o f the provisions o f this act or o f the orders,
regulations and requirements issued by him, he shall so certify to
the prosecuting attorney o f the county where such violation oc
curred, together w ith the names o f the persons guilty thereof and
o f the witnesses.
S ec . 3. The commissioner shall also test the boilers o f all steam
Tests of
vessels carrying passengers for h ire before the same shall be used, koiiers.
and at least once in every year thereafter. In subjecting to the
hydrostatic test boilers called and usually known under the
designation o f high pressure boilers, the hydrostatic pressure ap
plied must be in proportion o f one hundred fifty pounds to the
square inch to one hundred pounds to the square inch o f the steam
pressure allowed. In subjecting to the hydrostatic test that class
o f boilers usually designated and known as low pressure boilers,
the commissioner shall allow as the w orking pow er o f each new
boiler a pressure o f only three-fourths the number o f pounds to the
square inch, to w hich it shall have been subjected by the hydro
static test and found to be sufficient th erefor; but should said
commissioner be o f the opinion that such boiler by reason o f its
construction or material w ill not safely allow so high a w orking
pressure he may, fo r reasons specifically stated in his certificate,
fix the working pressure o f such boiler a t less than three-fourths
632
B U L L E T IN OF T H E B U REA U OF LABOR.
o f said test pressure; and no boiler or pipe or any o f the connec
tions therewith shall be approved, w hich is made in w hole or in
part o f bad material or is unsafe in its form or dangerous from
defective workmanship, age, use or other cause. In addition to
the hydrostatic tost as herein provided, the com m issioner may
cause a hammer test to be made and an internal exam ination o f
such boiler or boilers so tested, whenever deemed necessary. Any
boiler having been in use ten years or m ore may be drilled at the
bottom o f shell or boiler, and also at such other points as the
inspectors may direct, to determine the thickness o f such m aterial
at those points, and the general condition o f such boiler or boilers
at the time o f inspection and the steam pressure allow ed shall be
determined by such ascertained thickness and general condition
o f the boiler. H e shall also see that all connections to the said
boiler or engines are o f suitable material, size and construction,
and that the boiler, machinery and appurtenances are such as
may be employed w ith safety in the service to be perform ed. H e
shall also satisfy him self that the safety valves are o f suitable
dimensions and that the w eights o f the same are properly ad
ju sted so as to allow no greater pressure than the maximum
amount prescribed by him, and that there is a sufficient number o f
gauge cocks, properly attached to the boiler so as to indicate the
quantity o f w ater therein, and suitable steam gauges to correctly
show the am ount o f steam carried, and as to any other matter
connected w ith such steam vessel or the machinery thereof that
to said commissioner shall seem necessary to the safety o f her
passengers and crew, and he shall make such inspection, exam ina
tion and test o f naphtha launches and electric or gasoline launches
and their apparatus and machinery as w ill ehable him to deter
mine whether they can safely be used in navigation.
S ec . 4. The commissioner, i f satisfied that such vessel is in all
Certificates.
respects safe and conform s to the requirements o f this act, shall
make and subscribe duplicate certificates, setting forth the age o f
the vessel, the official number, the length, breadth and depth, the
date o f the inspection, the name o f the vessel, the name o f the
owner, the master, the number o f licensed officers and crew which
h e deems necessary to manage the vessel w ith safety, the number
o f boats and*life-preservers required and the number o f passengers
that she can safely carry, and i f a steam vessel, the age o f the
boiler and the pressure o f steam she is authorized to carry. One
o f such certificates shall be kept posted in some conspicuous place
on the vessel if practicable, or kept in some convenient place on
the vessel to be designated by the commissioner in the certificate,
accessible to anyone demanding it, and the other copy shall be
kept by the commissioner and by him recorded in a book to be
kept fo r that purpose. I f the commissioner refuse to grant a
certificate o f approval, he shall make a statement in writing,
giving his reasons fo r such refusal, and deliver the same to the
owner or master o f the vessel.
S ec. 6. A ll steam boats and other vessels to w hich this act is
Construction
of vessels.
applicable shall hereafter be so constructed that the w oodw ork
about the boilers, chimneys, fire boxes, cook houses, stove and
steam pipes or any m achinery or apparatus involving danger o f
fire, w here such w oodw ork is exposed to ignition shall be so
shielded by some incom bustible material that the air m ay circu
late freely between such m aterial and w oodw ork or other ignitable
substances, and before granting a certificate o f inspection the
commissioner shall require that all other necessary provisions be
made throughout such vessel as he may judge expedient to guard
against loss or damage by fire.
S ec . 12. Every steam vessel or vessel propelled by machinery
Life preserv
ers.
used in the transportation o f passengers for hire shall have a
life-preserver or life float fo r each passenger she is allow ed to
carry and fo r each member o f her crew. * * * Such lifepreservers and life floats shall be kept in convenient accessible
places in such vessel in readiness for immediate use in case o f
accident, and the places where the same are to be kept shall be
LABOR LAW S— M ICH IG AN — ACTS OF 1909.
633
designated in the commissioner’s certificate and also pointed out
by printed notices posted in such places as the commissioner di
rects. * * ♦
S ec. 13. W hoever intentionally loads or obstructs or causes to L o a d i n g
a fe ty valves,
be loaded or obstructed in any w ay the safety valve o f the boiler, setc.
or em ploys any other means or device whereby the boiler may be
subjected to a greater pressure than the am ount allow ed by the
com m issioner’s certificate, or intentionally deranges or hinders
the operation o f any machinery or device employed to denote the
stage o f the w ater or steam in any boiler, or to give w arning o f
any approaching danger, or intentionally permits the water to
fa ll below the prescribed low w ater lim it o f the boiler, shall fo r
feit to the State o f Michigan the sum o f five hundred dollars fo r
each violation. If, in the opinion o f the commissioner o f labor o r
inspector it is necessary .to do so, the safety valve may be taken
w holly from the control o f all persons engaged in navigating such
vessel and secured a t the expense o f the owner o f the vessel by
the commissioner.
Who to he
Sec . 14. Every person employed as master, pilot or engineer
examined.
on board o f a steam vessel or a vessel propelled by machinery,
carrying passengers fo r hire shall, unless holding a license issued
by a United States board o f inspectors covering the class o f
vessels on w hich he is employed, be examined by the commis
sioner as to his qualifications, and i f satisfied therewith he shall
grant him a license fo r the term o f one year fo r such boat,
License.
boats or class o f boats as said commissioner may specify in such
license. In a proper case the license may permit and specify
that the master may act as pilot, and in case o f sm all vessels
also as engineer and pilot. The license shall be fram ed under
glass and posted in some conspicuous place on the vessel on
which he may act. W here it is im practicable to keep such license
so posted it shall be kept on board accessible to any person de
manding it. W hoever acts as master, pilot, or engineer, w ithout
having first received such license, or upon a boat or class o f
boats not specified in his license, or owner, lessee or agent em
ploying him, shall be liable to a penalty o f fifty dollars fo r each
day that he so acts, except as in this act otherw ise specified,
and such license may be revoked by the comm issioner fo r in
temperance, incompetency o r w illfu l violation o f duty.
N eg lig en ce
S ec. 19. No master, engineer or other person having charge o f
the boiler or apparatus for the generation of steam of any steam of employees.
boat or vessel carrying passengers for hire shall create or allow
to be created any undue or unsafe quantity o f steam in order
to increase the speed of such boat or to excel another boat in
speed. Any person violating the provisions of this section shall
forfeit to the State of Michigan the sum of five dollars for every
such violation.
Violations.
S ec. 20. Every master o f a steam boat or vessel who shall vio*
late any o f the preceding sections o f this act shall fo r every
such violation forfeit to the State o f M ichigan the sum o f tw o
hundred fifty dollars, unless a different penalty is prescribed.
Accidents to
S ec. 33. W ithin forty-eight hours after a vessel meets w ith
an accident involving a loss o f life or damage to property, it he reported.
shall be the duty o f the owner or the licensed officer in charge
o f such vessel to prepare a report setting forth the details o f
the casualty and swear to the same before an officer authorized
to adm inister oaths generally, w hich report shall be forw arded
by mail or otherw ise to the commissioner o f labor without delay.
Sec. 34. The inspector shall investigate all violations o f the Enforcement.
provisions o f this act, and fo r such purpose shall have the power
and is hereby authorized to subpoena witnesses and com pel their
attendance* and he may also adm inister all necessary oaths to
any witnesses thus summoned.
Sec. 86. Whenever the inspector refuses to grant a license to
any person applying for the same, or suspends or revokes the
license of any master, engineer, pilot or operator, any person
deeming himself, wronged by such refusal, suspension or revoca-
Appeals.
634
B U L L E T IN OF T H E BU REA U OF LABOR.
tion, may, within thirty days thereof on application to the com
missioner o f labor, have his case exam ined anew by such com
m issioner; and the inspector shall furnish to the commissioner
in w riting the reasons for his doings in the prem ises; and such
commissioner shall examine the case anew, and he shall have
the same pow ers to summon witnesses and compel their attend
ance and to administer oaths that are conferred on the in sp ector;
and such witnesses shall be paid in the same manner as provided
for by section thirty-seven o f this a c t; and such com m issioner
may revoke, change or m odify the decision o f such in spector;
and like proceedings may be had by any master or owner o f
any vessel herein required to be inspected in relation to the
inspection o f such vessel or her boilers, machinery or other appa
ratus by such inspector.
Approved M ay 19, 1909.
A ct N o. 125.— Incorporation
of associations of railway conductors
and engineers.
Who may inS ection 1. Any number o f railw ay conductors and locom otive
corporate.
engineers, not less than seven, who shall be residents o f this State,
Purpose.
desiring to become a body corporate fo r the purpose o f carrying
on upon the assessment or cooperative plan the business o f pro
viding indemnity to members, not exceeding five hundred dollars,
fo r loss o f position arising from discharge or retirement, m ay,
by com plying with the provisions hereof, become, w ith those rail
w ay conductors and locom otive engineers that may hereafter be
associated w ith them, or their successors, a body corporate and,
politic.
Members
S ec . 6. Such corporation shall not commence business unless it
quired.
shall have procured bona fide agreements fo r indemnity therein
from a t least tw o hundred eligible persons, w hich shall be an
am ount o f not less than five hundred dollars each, and shall have
receive# at least one assessment thereon in cash from each o f said
persons according to the rate and plan set forth in its articles o f
association, which amount so received in cash shall aggregate at.
least tw o hundred dollars; nor until it is fu lly organized by the:
Bonds of of- election o f proper and suitable officers and the secretary and treas
fleers,
urer shall have given good and sufficient bonds to the association,
to be held by the president o f the association, fo r the faithful,
perform ance o f their duties, w hich bonds shall be not less than two,
thousand dollars and shall be at least tw ice the am ount o f money
liable to come into their hands as such officers at any one tim e,
said bonds to be approved by the commissioner o f insurance. The.
president and secretary o f such corporation shall furnish u nder
oath to the commissioner o f insurance p roof o f such agreements;
fo r indemnity, giving the name, residence, age and am ount o f in-,
fiemnity applied fo r by each applicant and the amount o f assess
m ent actually paid by each applicant, and also p roof o f the elec
tion and qualification o f the officers, and the custodian o f the.
funds o f such corporation shall furnish to the comm issioner o f in
surance a certificate under oath that he has received and holds in
trust for the benefit o f such applicants the sum o f tw o hundred
dollars or more.
Laws appliS ec . 8 . Except as herein specifically provided and in all respects
cable.
not inconsistent w ith the provisions o f this act, associations or
ganized hereunder shall be governed by and subject to all the*
provisions o f act number one hundred eighty:seven o f the Public
A cts o f eighteen hundred eighty-seven, entitled “ An act to revise
the laws providing fo r the incorporation o f cooperative and mutual
benefit associations, and to define the powers and duties and regu
late the transaction o f the business o f all such corporations and
associations doing business w ithin this State,” as amended and;
now in force.
Approved May 26, 1909.
LABOR LAW S---- M ICH IG AN -----ACTS OF 1909.
A ct N o. 128.— Incorporation
of associations of mine employees.
S ection 1. A ct number one hundred fou r o f the Public Acts o f
eighteen hundred ninety-one, entitled ‘ ‘An act to provide fo r the
incorporation o f mutual provident associations o f miners, tram
mers, timbermen, landers, engineers, blacksmiths, carpenters and
all other laborers in and about the iron, gold, silver, lead, copper
and coal mines,” [sections 7564 to 7573, Compiled Law s o f 1897,]
is hereby repealed.
Approved May 26, 1909.
A ct No. 194.— Protection
635
Repeal.
of employees as members of the national
guard.
S ection 1. No person shall either by him self or another de
In te r fe r in g
i t h employ
prive a member o f the organized militia o f this State o f employ w
ment.
ment or prevent, obstruct or annoy any such member or his em
ployer in respect o f such employment because such member is
commissioned or enlisted in the organized m ilitia o f this State
or because such person perform s m ilitary duty under orders from
competent authority. No person shall dissuade any other per
son frpm enlisting in the organized militia o f this State by threats
o f injury, in case he shall enlist, in respect o f his employment,
trade or business.
S ec. 2. No association or corporation constituted or organized
D i s crimina
tion by organi
for the purpose o f promoting the success o f any trade, employment zations.
or business o f the members thereof, nor any association whose
membership is confined to persons o f a particular race, shall; by
any constitution, rule, by-law, regulation, vote or resolution, dis
crim inate against any member o f the organized m ilitia o f this
State in respect to the eligibility o f the officer o f soldier to mem
bership in such association or corporation, or in respect to his
right to retain his membership in such association or corporation,
and no person shall aid in enforcing any such provision against
any officer or soldier o f the organized militia o f this State wTith
intent to discrim inate against such member on account o f his
membership.
Approved June 1, 1909.
A ct N o. 205.— Examination
and licensing of horseshoers.
Section 1. Section six o f act number tw o hundred twenty-nine
o f the Public A cts o f eighteen hundred ninety-nine, entitled “ An
act to regulate the practice o f horseshoing in the State o f M ichi
gan,” is hereby amended to read as fo llo w s ;
[The amendment consists in adding the follow in g provision
as to ren ew als:]
Provided further , That all persons who register under this act
shall be required to pay each year after receiving the certificate
herein provided, the sum o f one dollar fo r a renewal certificate.
Approved June 1, 1909.
A ct N o. 285.— Labor
law.
[T h is law is m ainly a revision and consolidation o f previous
enactments. The corresponding sections o f the Revised Law s o f
1897 or acts subsequent thereto dre indicated in their order, sec
tions involving m aterial change being reproduced in fu ll.]
Department of labor.
Sections 1 to 3. [N o m aterial change from sections 4597, 4598
(as amended by act No. 313, Acts o f 1907), and 4599, Compiled
Laws, except that the bureau therein created is by the present
law designated a department.]
Renewals-
636
B U L L E T IN OF T H E BU REA U OF LABOR,
Expenses of
department.
S ec. 4. The compensation o f such commissioner shall be tw o
thousand five hundred dollars per annum, and that o f his deputy
eighteen hundred dollars per annum, together w ith all necessary
expenses, and the compensation o f factory inspectors shall not
exceed one thousand dollars per annum, and the assistants or
special canvassers or clerks in any office o f the department shall
receive such compensation as shall be fixed by such commissioner.
A ll such compensation and also the expenses provided fo r in
section one o f this act, shall be audited and paid in the same man
ner as the salaries and expenses o f other state officers: Provided ,
That the amount thereof, exclusive o f the compensation allow ed
to said com m issioner and his deputy, shall not in any one year
exceed the sum o f forty thousand dollars, w hich sum shall defray
the salaries and expenses o f the entire department, including fa c
tory inspection, coal mine inspection, the gathering o f all statistics,
the expense o f the several free employm ent bureaus o f this State,
the inspection o f public buildings, school buildings, opera houses
and theaters, and every department o f investigation coming within
the ju risdiction o f such departm ent: Provided , further , That in
addition to the above allowance fo r expenses said commissioner
shall be authorized to have printed not to exceed five thousand
copies o f his annual report fo r the use o f the department and for
general distribution, and all printing, binding, blanks or map
w ork, and all supplies shall be done or furnished under any con
tract w hich the State now has or shall have fo r sim ilar w ork with
any party or parties, and the expense thereof shall be audited and
paid in the same manner as other state printing.
S ecs . 5, 6. [Sam e as sections 4601 and 4602 o f C. L.]
S ec. 7. [Sam e as section 4604 o f C. L.]
S ec. 8. [Sam e as section 4603 o f C. L.]
Employment of women and children.
Hours
labor.
of
S ection 9. No male under the age o f eighteen years, and no
female, shall be employed in any factory, mill, w a reh ou se, w o r k
shop, clothing, dressmaking or m illinery establishment, or any
place where the m anufacture o f any kind o f goods is carried on, or
w here any goods are prepared fo r manufacturing, or in any laundry,
store, shop or any other m ercantile establishment, fo r a period
longer than an average o f nine hours in a day or fifty-fou r hours
in any week nor more than ten hours in any one d a y : Provided,
however, That the provisions o f this section in relation to the
hours o f employment shall not apply to nor affect any person
engaged in preserving perishable goods in fru it and vegetable
Night work, canning establishments. No fem ale under the age o f eighteen
years shall be employed in any m anufacturing establishment be
tween the hours o f six o’clock p. m. and six o’clock a. m. No
child under the age o f sixteen years shall be employed in any
m anufacturing establishment or workshop, mine or messenger
service in this State between the hours o f six o’clock p. m. and
six o’clock a. m., except as messenger fo r a telegraph or telephone
company or in the postal service o f the United States.
Age limit of
Sec. 10. No child under the age o f twenty-one years shall be
children.
employed, permitted or suffered to w ork in any theater, concert
hall or place o f amusement w here intoxicating liquors are sold.
No child under fourteen years o f age shall be employed, permitted
o r suffered to w ork in or in connection w ith any m ercantile insti
tution, store, office, hotel, laundry, m anufacturing establishment,
mine, bow ling alley, theater, passenger or freight elevator, factory
or workshop, telegraph or messenger service w ithin this State.
Registers.
It shall be the duty o f every mercantile institution, store, office,
hotel, laundry, m anufacturing establishment, mine, bow ling alley,
theater, workshop, telegraph or messenger service or any person
com ing within the provisions o f this act to keep a register in which
w ill be recorded the name, birthplace, age and place o f residence
o f every person employed under the age o f sixteen years, and it
shall be unlaw ful fo r any such establishment
person to hire
or
LABOR LAW S-----M ICH IG AN ---- ACTS OF 1909.
637
or employ any child under the age o f sixteen years w ithout there
is first provided and placed on file in the business office thereof
a perm it issued by the superintendent o f schools o f the school dis- Permits,
trict in w hich such child resides, or some one duly authorized
by him in writing, or by the person in charge o f any state employ
ment bureau, each o f whom shall have power to administer oaths
in relation thereto, or by the probate judge o f the county or the
ju dge o f the ju venile court o f the city wherein such child resides.
Such perm it shall be returned to the child upon leaving such em
ploy. The said register and perm it shall be produced fo r inspec
tion on demand o f any factory inspector appointed under this
a c t ; no fee shall be charged fo r such permit by any officer b y
w hom it shall be issued. E very employer com plying w ith the pro
visions o f this section shall be at liberty to employ the person so
presenting the permit hereinbefore referred to, and is justified
in considering and treating such person as o f the age shown in
such perm it and shall not be liable, i f it transpire that such per
son is under the age represented in such permit, to any greater
extent than such employer w ould be liable i f such person were
o f the age represented. The person authorized to issue such perEvidence,
m it shail n ot issue the same until he has received, examined,
approved and filed the follow ing papers duly executed:
(a ) The school report o f said child properly filled out and
signed as hereinafter p rovid ed ;
(b ) A passport or duly attested transcript o f the record o f
birth, as kept by any duly authorized public authority, or a
record o f baptism or other religious record, showing the date and
place o f birth o f such ch ild;
(c ) The sworn statement showing the date and place o f birth
o f such child made by the parent or guardian or by the child in
case it has no parent or guardian, w hich shall be required, how
ever, only in case the above-mentioned official or religious record
can not be produced, which sworn statement must be made only
before the officer issuing the permit, and shall be accompanied by
a statement as to date and place o f birth, i f it can be obtained,
signed by the physician or m idw ife attending at such b ir th ;
(d ) A statement by the issuing officer that he has examined said
child, that in his opinion the child can read intelligently and w rite
legibly simple sentences in the English language, that in his
opinion the child is fourteen years o f age or upwards, and has
reached the norm al development o f a child o f its age and is in
sound health and physically able to perform the w ork w hich it
intends to do, and that in his opinion the services o f the child
are essential to the support o f itself or its parents. In doubtful
Physical fitcases such physical fitness shall be determined by a m ed ica lnessofficer o f the board or department o f health. E very such permit
shall be signed in the presence o f the officer issuing the same by
the child in whose name it is issued; and shall state the date
and place o f birth o f the child, and describe the color o f the hair
and eyes, the height and w eight and any distinguishing fa cia l
m arks o f such child, and that the papers required by the preceding
section have been duly examined, approved and filed, and that the
child named in such permit has appeared before the officer signing
the same and been examined. The school record required by this
article shall be signed by the principal or ch ief executive officer
o f the school w hich such child had attended, and shall be fu r
nished on demand to a child entitled thereto. It shall contain a
statement certifying that the child has regularly attended the
public school or schools equivalent thereto, or parochial schools for
not less than one hundred days during the school year previous
to his arriving at the age o f fourteen years, or during the year
previous to applying fo r such school record, and is able to read
intelligently and w rite legibly simple sentences in the English
language, and has received during such period instructions in
reading, writing, spelling, English grammar and geography, and is
fa m ilia r w ith the fundamental operations o f arithm etic up to and
including elementary operations in fractions. Such school record
638
B U L L E T IN OP T H E BU REA U OP LABOR.
shall also give the age and residence o f the child as shown on the
records o f the school, and the name o f its parent or guardian or
cu stodian ;
False state
(e )
Any person w ho shall make a false statement, transcript,
ments.
passport, school certificate, certificate o f physical fitness, school
record or any other w riting required to be made or filed by the
provisions o f this section, shall be deemed guilty o f a misde
meanor, and shall be punished by a fine o f not less than ten nor
m ore than one hundred dollars or imprisonment not less than ten
days nor m ore than ninety days, or by both such fine and im pris
onment in the discretion o f the c o u r t
emS ec. 11. No fem ale under the age o f twenty-one years and no
for- male under the age o f eighteen years shall be allow ed to clean
machinery w hile in motion, nor employed in or about any dis
tillery, brew ery or any other establishment where malt or alco
holic liquors are manufactured, packed, w rapped or bottled, nor
in any other employment w hich m ay be considered dangerous to
their lives and limbs or where their health may be injured or
m orals depraved, nor shall fem ales be unnecessarily required in
any employment to remain standing constantly.
Inspection of factories and workshops.
S ection 12. [Sam e as section 5, act No. 113, A cts o f 1901.]
S ec. 13. [Sam e as section 6, act No. 113, A cts o f 1901, as
amended by act No. 140, Acts o f 1907.]
S ecs . 14 to 16. [Sam e as sections 7 to 9, act No. 113, A cts o f
1901.]
S ec. 17. [Sam e as section 10, act No. 113, A cts o f 1901, as
amended by act No. 169, A cts o f 1907.]
inspectors.
S ec. 18. The commissioner o f labor shall be the ch ief factory
inspector, and the deputy commissioner o f labor and deputy fa c
tory inspectors shall be factory inspectors in the meaning o f this
act. A t least tw o o f such deputy factory inspectors shall be women.
Said factory inspectors are hereby empowered to visit and inspect
at all reasonable hours, as often as practicable or required, the
factories, w orkshops and other m anufacturing establishments in
this State where the m anufacture o f goods is carried on, and all
hotels where any person or persons are employed, also all stores
in this State. D eputy factory inspectors shall report to the com
missioner o f labor at such time and manner as he m ay require.
I t shall also be the duty o f the fa ctory inspectors to enforce all
the provisions o f this act and to prosecute all violations o f the
same before a m agistrate or in a court o f competent ju risdiction
in this State.
Reports.
S ec. 19. D eputy fa ctory inspectors shall return to the com m is
sioner o f labor, as he may require, detailed reports o f the results
o f all inspections, together w ith statistics gathered, and said
commissioner shall keep on file in his office a t Lansing a record
o f all reports so returned. A copy o f the report on such inspec
tion and o f any order in reference thereto shall be served by the
fa ctory inspector on the superintendent, owner or manager o f each
building, establishment or workshop inspected. Service o f such
O w n e rs t o order shall be accepted and a duplicate th ereof signed by such
signsuperintendent, owner or manager. I f the superintendent, ow ner
or manager o f whom such signature is demanded shall refuse to
so sign such acceptance o f service, an affidavit by the inspector
showing the facts o f such service, demand o f signature and refusal
shall be sufficient evidence o f service when duly filed; but such
superintendent, ow ner or manager shall not thereby be released
from any crim inal liability attending his refusal under this act.
D eputy factory inspectors and special canvassers shall have the
same pow er to administer oaths as is now given to notaries pub
lic, in cases w here persons desire to verify docum ents connected
with the proper enforcem ent o f this act.
A n n u a l inS ec . 20. F or the purpose o f carrying out the provisions o f this
spections.
act, the commissioner o f labor is hereby authorized and required
LABOR LA W S---- M IC H IG A N ---- ACTS OF 1909.
639
to cause at least an annual inspection o f all m anufacturing estab
lishments, factories, hotels, workshops and stores. Such inspec
tion may be made by the commissioner o f labor, the deputy com
missioner o f labor, deputy factory inspectors, or such other person
as may be appointed by the commissioner o f labor fo r the pur
pose o f making such inspection. Such persons shall be under the
control and direction o f the commissioner o f labor. A ll compen
sation fo r services and expenses provided fo r in this act shall be
paid by the state treasurer upon the w arrant o f the auditor gen
eral and audited by the auditor gen eral: Provided , That the com
missioner o f labor shall present to the governor on or before the
first day o f A p ril o f each year, a report o f such inspection, w ith
such recom mendations as may in his judgm ent be necessary.
S ecs . 21, 22. [Sam e as sections 16 and 17 (as amended by act
No. 169, A cts o f 1907) o f act No. 113, A cts o f 1901.]
S ec. 23. F actory inspectors shall have pow er to order all imC h a n ges in
provem ents herein specified, such as the repairing o f elevators, the DU1 amg8‘
installment o f wash and dressing room s and water-closets. W hen
such im provements are found necessary orders fo r same shall be
served on the ow ner o f the building or prem ises: Provided, That
whenever the owner o f such buildings or premises as mentioned
in this act be a nonresident o f this State said order may be made
on his resident agent or the tenant o f such buildings or premises.
I f the tenant be required to make such improvements he may
deduct the cost thereof from the amount o f rent fo r use o f such
buildings or premises.
Employment of women.
S ection 24. [Sam e as section 5373 o f C. L.]
S ec . 25. [Sam e as section 5361 o f C. L.]
Inspection of factories and workshops.
S ection 26. [Sam e as sections 1 to 8 o f act No. 152, A cts o f
1907.]
S ecs . 27 to 30. [Sam e as sections 1 to 4 o f act No. 202, A cts o f
1899.]
Sec. 31. [Combines section 5 o f the above law, section 5a added
by act No. 193, A cts o f 1903, and section 7 added by act No. 172,
A cts o f 1905.]
S ec . 32. [Sam e as section 1 o f act No. 252, A cts o f 1907.]
S ecs . 33, 34. [Sam e as sections 1 and 2 o f act No. 209, A cts o f
1899.]
Free public employment offices.
S ections 35, 36. [Sam e as sections 1, 2, and 4 o f act No. 281,
What cities*
Acts o f 19Q7, except that the cities in w hich such bureaus are to to have*
be established are designated, as follow s: Detroit, Grand Rapids,
Jackson, B ay City, Battle Creek, Muskegon, Saginaw, and K ala
m azoo.]
Mine regulations.
S ections 38 to 49. [ Same as sections 1 to 29 o f act No. 57, A cts
o f 1899, as amended by act No. 100, A ct o f 1905.]
S ec . 50. Only a pure animal or vegetable oil, or other oil as
illuminating,
free from smoke as a pure anim al or vegetable oil, and not the oilproduct or by-product o f resin, shall be used fo r illum inating pur
poses in the mines o f this State. The inspector o f coal mines shall
have power to inspect as often as necessary all oils used in the
coal mines in this State, and shall have pow er to condemn any
oil in his judgment not up to the standard w ithin the meaning
o f section fifty-four o f this act. An inspector o f oil shall visit
the mines at least fou r times a year to test all oils used for
illum inating purposes in the mines o f this State, and any person
or persons, firm or corporation having in charge the operation or
640
•BULLETIN" OF T H E BU REA U OF LABOR,
running o f any mine which, in a mine under his or its charge,
uses or permits the use o f any oil other than that prescribed by
the provisions o f this act, and any m iner or mine employee who
uses any oil other than prescribed in this act in any mine in this
State shall be fined not less than five nor more than twenty-five
dollars.
S ecs . 51 to 53. [Sam e as sections 32 to 35 o f act No. 57, A cts
o f 1899, as amended by act No. 100, A cts o f 1905.]
Violations.
Penalty.
S ection 54. A n y person who violates or omits to com ply w ith
any o f the foregoing provisions o f t h i s act, or who interferes in
any manner w ith the factory inspector in the discharge o f his
duties, or who suffers or permits any child or fem ale to be em
ployed in violation o f its provisions, shall be deemed guilty o f a
misdemeanor, and on conviction shall be punished by a fine o f not
less than ten nor more than one hundred dollars or by imprison
ment fo r n ot less than ten nor more than ninety days, or by both
such fine and imprisonment in the discretion o f the court.
Acts repealed.
Repeal.
S ection 55. A ll acts or parts of acts inconsistent herewith are
hereby repealed.
Approved June 2, 1909.
A ct N o. 300.—Accidents
on railroads— Inspection.
Accidents to
S ection 33. Every common carrier shall, whenever an accident
be reported.
occurs within this State upon its line o r road or on its depot
grounds or yards, give such notice thereof and make such report
th ereof to the commission as the regulations o f the commission
shall require. In the event o f any accident the commission, i f it
deem the public interests require it, shall cause an investigation
to be made forthw ith, w hich investigation shall be held within
the locality o f the accident, unless fo r greater convenience o f those
concerned it shall order the investigation to be held at some other
place, and said investigation may be adjourned from place to place,
as may be found necessary and convenient. The commission shall
seasonably n otify an officer o f the company o f the tim e and place
o f the investigation. The cost o f such investigation shall be
certified by the chairm an o f the commission, and the same shall
be audited and paid by the State in the same manner as other
expenses are audited and paid, and record o r file o f said proceed
ings and evidence shall be kept by said commission.
inspection of
S ec. 34. W henever the commission shall have reasonable grounds
equipment, etc. to believe, either on com plaint or otherwise, that any q f the equip
ment, cars, tracks, bridges or other structures o f any common
carrier o f this State are in a condition w hich renders any o f them
dangerous or unfit fo r the transportation o f passengers w ith
reasonable safety, or unreasonably endangering the employees o f
such carrier, it shall be its duty to inspect and examine, or cause
to be inspected, exam ined and tested by some com petent person
or persons, and fo r that purpose it, the said commission, may em
ploy some other person possessing especial knowledge and skill
in the construction o f railroads and bridges, as an expert, and if,
on such examination, in its opinion any such equipment, cars,
tracks, bridges or other structures be dangerous or unfit fo r the
transportation o f passengers w ith reasonable safety, or unreason
ably endanger the employees o f such carrier, it shall be its duty
to give the superintendent o r other executive officer o f the cor
poration, w orking or operating said defective, dangerous or unfit
equipment, car, track or bridge or other structure, n otice o f the
condition thereof, and o f the repairs or changes necessary to place
the same in a reasonably safe condition, and o f the tim e within
LABOR LAW S— M IC H IG AN — ACTS OP 1909.
641
which such repairs or changes shall be made. It may also order
and direct the rate o f speed o f passing trains or cars over such
dangerous or defective track, bridge or other structure, until the
said repairs shall be made. * * *
Approved June 2, 1909.
M IN N E S O T A .
AC TS OF 1909.
C hapter 198.— Sale
of liquor to employees.
Section 1. N o minor, intemperate drinker, habitual drunkard,
Empl o y e t
inmate o f a poor or alms house, or person under guardianship, m a y f o r b i d
sale.
shall be allow ed in any room where intoxicating liquor is sold
in less quantities than five gallons as a beverage, after w ritten
n otice upon the licensee or his agent, by master or employee o f
such m inority, intemperate drinking, habitual drunkenness * * *
within one year after notice, *
* *
Approved A pril 17, 1909.
C hapter 234.— Accidents
to be reported to the employees' com
pensation commission.
S ection 1. E very indemnity, casualty and employers’ liability
Insuranc e
com pany doing business in this State shall, on or before the companies t o
report.
first day o f October, 1909, file w ith the Minnesota employees’
compensation commission a w ritten report upon blanks to be
furnished by said commission, o f all accidents occurring in this
State between July 1, 1906, and July 1, 1908, o f w hich it has
had notice, resulting in bodily in ju ry to the employees o f per
sons, firms or corporations to whom it has issued policies o f
insurance.
Such w ritten reports shall contain the follow in g inform ation
Data.
relative to each o f said accidents, or so much thereof as is dis
closed by the books and records o f the company making such
report, to-w it:
(a ) D ate o f injury.
(b ) Age, sex and occupation of the injured person.
(c ) Occupation o f the employer.
(d ) The cause and manner in w hich the in ju ry happened.
(e ) The nature and extent o f the in ju ry and the length o f
disability.
( f ) The wages the injured person w as earning and the length
o f time he had been so employed.
(g ) W hether it was claim ed that the injury w as caused by
One (1 ) The w illfu l or gross negligence o f the injured p a rty;
Tw o (2 ) The.negligence o f a fellow -servant;
Three (3 ) Contributory negligence o f the injured p a rty;
Four (4 ) D efective machinery or appliances furnished by the
em p loyer;
Five (5 ) W hether it w as claim ed that the injured party as
sumed the risk o f his employment.
(h ) W hether a settlement has been made w ith the injured per
son or his legal representatives.
( i) The am ount paid in such settlement.
( j ) The amount, if any, paid fo r doctor’s and hospital bills
in connection w ith such injury.
(k ) W hether the injured person w as represented by an at
torney.
(l) W hether any action at law had been brought by the in
ju red person or his representatives to recover damages fo r said
injury, and if so, the result o f such action.
(m ) W hat amount, i f any, is carried as reserve fo r such case
i f loss is unadjusted,
642
B U L L E T IN OP T H E BU REA U OF LABOR,
Report f o r
second year.
S ec. 2. E very such indemnity, casualty and employers’ liability
company doing business in this State, shall on or before the 1st
day o f October, 1910, file with said Minnesota employees’ com
pensation commission a written report, giving inform ation similar
to that required in section 1 hereof, but covering the period from
July 1, 1908, to July 1, 1909.
Violation of
Sec. 3. Failure or refusal on the part o f any such corporation
statute.
to make and file the reports required by the preceding tw o sections
shall be ground fo r the suspension or revocation by the insurance
commissioner o f the certificate o f authority o f any such corpora
tion to transact business w ithin the State.
Reports not
Sec. 4. No report herein required to be made, nor any part
evidence.
thereof, shall be admitted in evidence or referred to at the trial of
any action, or in any judicial proceedings whatsoever, except
prosecutions for the violation of this act.
N o t to be
No such report, nor any part thereof, nor any copy o f the same,
disclosed.
nor any part thereof, shall be open to the public, nor shall any o f
the contents thereof be disclosed in any manner by any official or
clerk or other employee o f the State having access thereto, but
the same may be used for state investigations and statistics only.
A ny such disclosure is hereby declared to be a misdemeanor,
and punishable as such.
Approved A pril 17, 1909.
C h a p t er 235 .— A ccid en ts to be rep orted to th e com m ission er o f
labor.
Employers to
S ection 1. It is hereby made the duty o f every employer o f
mafce reports. ja|)or engaged in industrial pursuits to make or cause to be made a
report o f any and all accidents w ithin thirty (30) days after they
occur to any o f its, his or their employees, w ithin the scope o f
their employment o f which he, it or they have or can obtain knowl
edge, where the injuries are sufficient to w holly or partially in
capacitate the injured from labor or service, w hich report shall be
Data.
made in w riting to the commissioner o f labor o f this State, g iv in g :
(a ) Age, sex and occupation o f injured person.
(b ) Occupation o f employer.
(c ) The cause o f the injury.
(d ) The nature and extent o f the in ju ry and the probable length
o f disability.
(e ) The im mediate fam ily or dependents o f the injured person,
( f ) The name and address o f the attending physician or sur
geon.
(g ) The wages the injured person w as earning and the length
o f time he had been in that employment.
(h ) W hether the injured person w illfu lly caused the injury.
( i ) Whether assumption o f risk is claim ed by the employer.
( j ) W hether negligence o f a fellow -servant is claim ed by the
emp7oyer.
(k ) Whether contributory negligence is claim ed by the em
ployer.
( l ) W hether fau lt o f the employer, or his machinery, or safety
appliances, is admitted.
(m ) A statement o f all expenses, costs, damage and compensa
tion to which the employer is put on account thereof.
(n ) W hether the employer carries indemnity or liability insur
ance, and i f so, the amount thereof and the average pay roll in the
department in w hich the in ju ry occurred.
(o ) W hether it is a case w hich is likely or may become one o f
public charity.
Violation of
S ec . 2. The failure to make such reports on the part o f any perstatute.
son, copartnership or corporation required hereby to make the
same, w ithin the time herein specified, is hereby declared to be a
misdemeanor.
Reports not
S ec . 3. No report herein required to be made nor any part
evidence.
thereof, shall be admitted in evidence or referred to at the trial
643
LABOR LAW S— M INNESOTA— ACTS OF 1909,
o f any action, or in any ju dicial proceedings whatsoever, except
prosecution for the violation o f this act.
No such report or any part thereof, nor any copy o f the same, N o t to be
nor any part thereof, shall be open to the public, nor shall any o f disclosed,
the contents thereof be disclosed in any manner, by any official
or clerk or other employee o f the State having access thereto, but
the same may be used fo r state investigations and statistics only.
Any such disclosure is hereby declared to be a misdemeanor
and punishable as such.
Approved A pril 17, 1909.
C h a p t e r 2S6.— Employees’
compensation commission.
S ection 1. There is hereby created a commission to be desig
Commission
nated and known as the Minnesota Employees’ Compensation created.
Commission.
S ec . 2. The said Minnesota employees’ compensation commission
Members.
shall be composed o f three (3 ) members w ho shall be appointed
by the governor by and w ith the consent and advice o f the senate.
The three persons first composing said commission shall be ap
pointed w ithin ten ( 10 ) days after the passage o f this act and
before the adjournm ent o f the present legislature, i f practicable.
Term.
S ec. 3. Such persons shall hold said office until the end o f the
general session o f the legislature o f Minnesota fo r the year 1911,
but in case o f vacancy occurring, the governor w ill fill the vacancy.
S ec. 4. The persons appointed to be members of said commission
Q u a lif ic a shall be such as are known to possess knowledge of and training tions.
in the subject o f compensation of employees for injuries received
in the course o f employment, one of whom shall be a representa
tive of employers o f labor, one a representative of labor, and one
learned in the law.
Oath pf of
S ec. 5. Each commissioner shall, within (30) days after notice
Of his appointment, and before entering upon the discharge o f fice.
his duties, take, subscribe and file w ith the secretary o f state the
oath o f office prescribed by the constitution o f this State.
S ec. 6 The said commission may elect its own chairman.
S ec . 7. The said commission shall have a paid secretary who
m ay or may not be a member o f said commission.
S ec . 8. I f the report hereinafter required is not unanimous,
then a m inority report shall be m ade therewith.
S ec . 9. It shall be the duty o f said commission, and it shall
have th e pow er and au th ority :
(a ) T o have and exercise general supervision over the collection
o f data and other inform ation to the end that such a report as it
shall make shall be relatively ju st and equal and in compliance
w ith the fundam ental laws o f this State.
(b ) T o cause the particular operation o f laws passed by
other States and foreign countries to be investigated sufficiently
to determine w hether the various law s fram ed and now in opera
tion upon the matter o f compensation o f employees, whether under
the form o f insurance or otherwise, are successful in the particu
lar jurisdiction, w ith enough o f the data and inform ation fu r
nished w ith the report to point out the weakness and strength
o f those law s from a practical standpoint, when compared w ith
our own conditions and constitutional systems.
( c ) T o make w ritten report to the legislature o f this State on
the first day o f the legislative session o f 1911, the results o f the in
form ation so collected, together w ith a bill or bills, drafted by said
commission, providing a plan fo r speedy remedy fo r employees fo r
injuries received in the course o f their employment, w hich w ill be
fa ir to the employees and the employers and ju st to the State.
(d ) Said commission shall have power to employ such help and
assistance as it may deem necessary and expedient from time to
time, and pay all necessary expenses.
.
Sec. 10. No compensation shall be allowed to any of the mem
bers o f said commission as such, but the necessary expenses in20092— No. 85— 10------- 13
Chairman.
Secretary.
Reports.
Duties.
Expenses.
644
BULLETIN OE TH E BUREAU OF LABOR.
curred by the commission in carrying out the provisions o f this
act shall be allowed, not to exceed in the aggregate the sum o f
five thousand dollars.
Approved A pril 20, 1909.
C h a p t e r 289.— Inspection
of factories and workshops— Use of
basements, etc.
Basem ents,
S ection 1. No basement, cellar, underground, apartments, or
etc., not to be other place w hich the commissioner o f labor shall condemn as
use , w
.
unhealthy and unsuitable shall be used as a workship [w ork
Violations.
shop], factory or place o f business in w hich any person or per
sons shall be employed.
S ec . 2. Any person, firm or corporation violating any o f the pro
visions o f this act shall be guilty o f a misdemeanor and, upon con
viction thereof, shall be punished by a fine o f not m ore than one
hundred ($ 100 ) dollars, nor less, nor less [sic] than twenty-five
($25) dollars, or by imprisonment fo r not more than ninety (90)
days, nor less than thirty (30) days, or by both such fine and
imprisonment, fo r each offense.
Approved A pril 20, 1909.
C h a p t er 382.— Railways—Equipment, c*c.,
of cabooses.
D im ensions
S ection 1. It shall be unlaw ful for any person, corporation
and equipment. o r company operating any railroad in the State o f Minnesota, to
Violations.
require or permit the use o f any caboose cars unless said caboose
cars shall be at least tw enty-four feet in length, exclusive o f plat
form s, and shall be provided w ith a door at each end thereof and
w ith suitable water-closets, cupolas, platform s, guard rails, grab
irons and steps fo r the safety o f persons ip alighting or getting
on said caboose cars and said caboose cars shall be equipped w ith
at least tw o four-w heeled trucks.
Sec. 2. Any person, corporation or com pany operating any rail
road in the State o f Minnesota violating any o f the provisions
o f this act shall be guilty o f a misdemeanor, and upon conviction
thereof shall be liable for a penalty o f not less than ten dollars
nor more than fifty dollars fo r each offense, and the use o f any
one caboose car prohibited in section 1 o f this act shall consti
tute a separate offense for every day or part o f a day so used, and
such penalty shall be recovered in a suit brought in the name o f
the State o f Minnesota in any court having jurisdiction thereof,
in any county in or through w hich such line o f railroad may run,
by the attorney-general o f the State or under his direction, or by
the county attorney in any county in or through w hich such line
o f railroad may be operated. A ll fines and penalties recovered
by the State under this act shall be paid into the treasury o f the
State o f Minnesota.
Approved A pril 22, 1909.
C h a p t e r 424.— Private
Records.
employment agencies.
S ection 1. Sections eighteen hundred and twenty-six (1826)
and eighteen hundred and twenty-seven (1827) o f the Revised
Law s o f Minnesota fo r the year one thousand nine hundred and
five (1905) is [are] hereby amended to read as fo llo w s :
Section 1826. Such licensee shall enter in a book kept by him
fo r the purpose, a memorandum o f the terms o f employm ent o f
every person engaged by him to w ork fo r another, showing the
rate o f wages, the kind o f service, the period o f employment, and
the name and address o f the person fo r whom the service is to be
rendered. H e shall furnish to each person so em ployed duplicate
copies o f such memorandum, one o f w hich the latter shall deliver
to his employer at the beginning o f his service. A ny person fa il
ing, by reason o f any fraud, misrepresentation or w ant o f au
thority on the part o f such agency or bureau, to receive employ-
645
LABOR LAWS-----MINNESOTA— ACTS OP 1909.
ment as provided in the memorandum, may sue and recover upon
the bond all damages sustained by reason o f such failure. Such
licensee shall not, nor shall any agent, servant or other person,
acting fo r him or on his behalf, charge or receive, either directly
or indirectly from any applicant fo r employment, a registration,
application or other fee, except as herein p rov id ed :
No fee or charge shall be received or made by any o f said persons from such applicant for any purpose whatever, unless and
until such licensee has a bona fide order from an employer for
the services o f such applicant: such order must be in w riting or
appear in its chronological place in the order book o f said li
censee. H e shall, upon the request o f said applicant, at the time
of, or at any time subsequent to receiving said fee, exhibit to
said applicant, said order or order b ook : a refusal upon his part
so to do shall be prima facie evidence that the taking o f said fee
w as fraudulent and contrary to the provisions o f this statute:
Provided, However, That the provisions o f this bill shall not apply
to such employment agencies who deal m ainly in the securing and
furnishing o f clerical positions.
Sec. 1827. Any person w ho shall violate any o f the provisions
or requirem ents set forth in sections 1825 or 1826 o f said laws, as
amended, shall be guilty o f misdemeanor.
Approved A pril 22, 1909.
C h a p t e r 4S8.-r-£ afety
Fees,
Violations,
appliances on railroads.
Section 1. Chapter 202, Law s o f 1907, is hereby amended so as
to read as fo llo w s :
Section 1. On and after the first day o f July nineteen hundred
Couplers,
and eight it shall be unlaw ful fo r any railw ay company or com
mon carrier in m oving freight between points in the State to
haul or perm it to be hauled or used on its line any car not
equipped w ith couplers coupling autom atically by im pact and
w hich can be uncoupled without the necessity o f men going be
tween the ends o f the cars.
Sec. 2. On and after the first day o f July nineteen hundred and Grab irons,
eight it shall be unlaw ful fo r any railw ay com pany or common
carrier in m oving freigh t between points in the State to use any
car that is not provided w ith secure grab irons or hand holds in
the ends and sides o f each car fo r the greater security to men in
coupling and uncoupling cars.
Sec. 3. It shall be unlaw ful fo r any railroad doing business in
P o w e r
the State o f Minnesota to use on this [its] line any locom otive in brakes*
the m oving o f its trains not equipped w ith power, driving wheel,
brakes and appliances o f [fo r ] operating the train-brake system or
to run any train over its road that has not 75 per cent o f the cars
in such train equipped w ith power or train brakes and having
the brakes used and operated by the engineer o f the locom otive
draw ing such train, and all power-brake cars in such train shall
be associated together and have their brakes used and operated:
Provided, That this section shall not apply to the handling o f
trains or cars in yard service, or to a local train w hile engaged in
perform ing switching service.
Sec. 4. It shall be unlaw ful fo r any railroad doing business in Drawbars,
the State o f Minnesota to use any locom otive, tender, car or simi
lar vehicle used in the movement o f state traffic, that is not pro
vided w ith draw bars o f standard height, to wit, standard-gauge
cars 34| in., narrow-gauge cars 26 in. measured perpendicularly
from the level o f the tops o f the rails to the center o f the draw
bars ; the maximum variation from such standard heights between
draw bars o f empty and loaded cars shall be 3 inches.
Sec. 5. The provisions o f sections 1, 3 and 4, o f this act shall
Application
also apply to locomotives, cars and trains used in passen gerof law*
traffic in the State o f Minnesota, in so fa r as the same are ap
plicable to the vehicles used in passenger train traffic.
646
BU LLETIN OF TH E BUKEAU OF LABOR.
C a rs fr o m
Sec. 6. A ny such common carrier may refuse to receive from,
con n e c t i n g
connecting lines or from any shipper any car not equipped in ac
lines.
cordance w ith the foregoing sections o f this act.
Risks not as
Sec. 7. A ny employee o f any such common carrier who may be
sumed, when. killed or injured by any locom otive, tender, car, sim ilar vehicle,
or train, in use contrary to the provisions o f this act, shall not be
deemed thereby to have assumed the risk thereby occasioned,
although continuing in the employment o f such carrier after the
unlaw ful use o f such locomotive, tender, car, similar vehicle, or
train has been brought to his knowledge, nor shall such employee
be held to have contributed to his in ju ry in any case where the
carrier shall have violated any provision o f this act, when such
violation contributed to the death or in ju ry o f such employee. *
P ow ers o f
Sec. 8. The railroad and w arehouse commission o f Minnesota
railroad c o m
may from time to time after fu ll hearing and fo r good cause
mission.
shown, increase the minimum percentage o f cars in a train re
quired to be operated by power or train brakes, and a failure to
com ply w ith any requirement o f said commission shall be subject
to a like penalty as a failure to com ply w ith any requirement o f
this act. The said railroad and warehouse commission o f Min
nesota is hereby authorized to grant to any common carrier sub
ject to this act, upon fu ll hearing and fo r good cause shown, a
reasonable extension o f time in w hich to com ply w ith the pro
visions o f this a c t: Provided, T h at in no case shall such exten
sion or extensions in the aggregate, exceed the period o f eighteen
months from and after the approval o f this act.
Violations.
Sec. 9. Every railroad or the receiver thereof, using or permitting
to be used on its line or to be hauled on its line, any locomotive,
tender, car or sim ilar vehicle or train in violation o f any o f the
provisions o f this act shall be liable to the State o f Minnesota fo r
a penalty o f one hundred dollars ($ 100) fo r each offense and such
penalties shall be recovered in a suit brought in the name o f the
State o f Minnesota, in any court having ju risdiction thereof, in
any county in or through w hich such line o f railroad may run,
b y the attorney-general o f the State or under his direction, or by
the county attorney in any county in or through w hich such line
o f railroad may be operated. A ll fines and penalties recovered
b y this State under this act shall be paid into the treasury o f the
State o f M innesota: Provided, That nothing in this act contained
shall apply to locom otives, tenders, cars or sim ilar vehicles or
trains when the height o f the draw bars on such locomotives,
tenders, cars, similar vehicles or trains does not exceed twentyfive inches in height or any o f w hich are in actual use in inter
state commerce.
Enforcement
Sec. 10. It shall be the duty o f the railroad and warehouse com
mission to have this law enforced.
Approved A pril 24, 1909.
C h a p t er 497.—Bureau
of labor— Women's and children's de
partment.
S ection 1. There shall be created in the bureau o f labor a
D epartm ent
created.
woman’s and children’s department.
F e m a le as
S ec . 2. There shall be appointed by the comm issioner o f labor a
s i s t a n t com competent woman to act as assistant commissioner o f labor and
missioner.
such woman factory inspectors as may be necessary to inspect the
sanitary and general conditions under w hich women and children
are at w ork in all factories, workshops, hotels, restaurants, stores
and any other places where women and children are employed.
Said assistant commissioner o f labor shall collect statistics and
render to the next legislature through the com m issioner o f labor
such findings and recom mendations as w ill prom ote the health
and general w elfare o f the women and children so em ployed in this
State.
Approved A pril 24, 1909.
LABOR LAW S— M INNESOTA— ACTS OF 1909.
647
C h a p t e r 499 .— E m p lo ym en t o f w om en — H ou rs o f labor— In sp ection
o f factorieSy etc .
S ection 1. No fem ale shall be employed in laboring in a mer H o u r s o f
labor in stores.
cantile establishment m ore than fifty-eight hours in a week.
Every employer shall post in a conspicuous place in every room
in w hich such persons are employed a printed notice stating the
number o f hours’ w ork which are required o f them on each day
o f the week, the hours o f commencing and stopping such work, and
the hour when the tim e or times allow ed for dinner or other meals
begin and end.
The printed form o f such notice shall be furnished by the com
m issioner o f labor.
The employment o f any such person for a longer tim e in any
day than so stated shall be deemed a violation o f the provisions o f
this section.
Sec . 2. No female shall be employed in laboring in a manufac Hours of laturing or mechanical establishment more than ten hours in any tories* etc a C"
one day, except as hereinafter provided in this section, unless a
’
different apportionment of the hours of labor is made for the sole
purpose o f making a shorter day’s work for one day o f the w eek;
and in no case shall the hours of labor exceed fifty-eight in a week.
E very employer shall post in a conspicuous place in every room
in which such persons are employed a printed notice stating the
number o f hours’ work, and the hours when the time allow ed for
meals begins and ends.
The printed form s o f such notices shall be provided by the
com m issioner o f labor.
The employm ent o f such person at any tim e other than as stated Violations,
in said printed notice shall be deemed a violation o f the pro
visions o f this section unless it appears that such employm ent was
to make up tim e lost on [a] previous day o f the same w eek in conse
quence o f the stopping o f m achinery upon which he or she w as em
ployed or dependent fo r em ploym ent; but no stopping o f machin
ery fo r less than thirty consecutive minutes shall ju stify such
overtim e employment, nor shall overtim e employment be author
ized until a w ritten report o f the day and hour [o f] its occurrence
and its duration is sent to the commissioner o f labor.
S ec . 3. In each factory, workshop, store or m ill at least sixty
Tim e fo r
minutes shall be allowed fo r the noonday meal unless the com- meals*
m issioner o f labor shall permit a shorter time.
Such perm it must be in w riting and conspicuously posted in the
main entrance o f the factory and may be revoked at any time.
W here employees are required or permitted to w ork m ore than
one hour a fter six o ’clock in the evening they shall be allow ed at
least tw enty minutes to obtain lunch before beginning to w ork
overtime.
S ec . 4. N o more employees shall be required or permitted to
work in a room in a factory than will allow to each of such em
ployees, not less than two hundred and fifty cubic feet of air
space; and unless by a written permit of the commissioner of
labor, not less than four hundred cubic feet for each employee,
so employed.
S ec . 5. The owner, agent or lessee o f a factory shall provide in
each w orkroom thereof, proper and sufficient means o f ventilation,
and shall m aintain proper and sufficient ventilation; i f excessive
heat be created or i f steam, gases, vapors, dust or other impuri
ties that m ay be injurious to health be generated in the course
o f the m anufacturing process carried on therein the room must
be ventilated in such manner as to render them harmless, so fa r
as is practicable; in case o f failure the commissioner o f labor
shall order such ventilation to be provided.
Such owner, agent or lessee shall provide such ventilation
within twenty days after the service upon him o f such order, and
in case o f failure, shall forfeit to the people o f the State, ten
Air space,
Ventilation,
648
BU LLETIN OF TH E BUREAU OF LABOR.
dollars fo r each day after the expiration o f such twenty days,
to be recovered by the commissioner o f labor.
S ec . 6 Every factory and workshop in this State where women
and children are employed and w here dusty w ork is carried on
shall be lim ewashed or painted at least once in every twelve
months.
Every floor o f any room in said factory shall be thoroughly
Floors to be
scrubbed.
cleaned w ith soap and w ater at least once in six months and
every dressing room and water-closet in said factory shall be
thoroughly cleaned w ith soap and w ater once in every week.
Violations.
Any employer, superintendent, owner or other agent o f any
m ercantile establishment who violates any o f the prpvisions o f
this chapter shall be guilty o f a misdemeanor.
Approved A pril 24, 1909.
.
Limewashing
wails.
M IS S IS S IP P I.
ACTS OF 190S.
C h a p t er
Blacklisting
unlawful.
Violations.
93.— Blacklisting
telegraph operators— Membership in
labor unions.
S ection 1. It shall be unlaw ful fo r any telegraph company,
telephone company, telegraph press association, railroad company,
or any leased w ire firm or private individual doing business in
this State, and employing telegraphers fo r the purpose o f trans
m itting telegraph dispatches fo r the general public, or any press
association, or private business, or in the operation o f any rail
road, to discrim inate against any such telegrapher in its service
or out o f its service, or to blacklist or refuse employm ent to any
telegrapher only because o f such telegrapher’s affiliation w ith
or membership in any law ful organization or trade or labor union
o f telegraphers.
S ec. 2. Any such telegraph or telephone company, telegraph
press association, railroad company or leased wire firm or private
individual violating section 1 o f this act shall bo liable in actual
and exemplary damages to the person so discriminated against.
D is c riminaS ec. 3. It shall be unlaw ful fo r any tw o or more such tele
t i o n s against graph o r telephone companies, telegraph press associations, rail
union w o r k
road companies or leased w ire firms or private individuals doing
men.
business in this State and employing telegraphers, to conspire,
contract, m utually agree or cooperate to discrim inate against,
blacklist or refuse employment to any telegrapher m erely on
account o f such telegrapher’ s affiliation w ith or membership in
any law fu l organization or trade or labor union o f telegraphers.
Sec. 4. A ny telegraph or telephone company, telegraph press
association, railroad company, or leased w ire firm or private indi
vidual violating section 3 o f this act shall be join tly and severally
liable in actual and exem plary damages to the party so aggrieved.
Approved March 7, 1903.
Liability.
C h a p t er 95.— Railroads—Backing
Lights
quired.
re
locomotives at night.
S ection 1. It shall be unlaw ful fo r any person or corporation
owning or operating a railroad as a common carrier o f passengers
and freight for hire in the State, to require or permit a locom otive
engine to be backed on his or its line o f railroad, in the night
time, unless it is provided and equipped w ith a pilot and headlight
on the rear o f its ten d er:
Provided, however, That the provisions o f this act shall not
apply to railroads whose principal business is hauling logs, nor to
locom otive engines running fo r coal or water, doubling hills, re
turning from trains when broken in two, going to or returning
from trains in the yard lim its o f terminal stations, nor to engines
engaged in regular switching service in yards, or road engines
LABOR LAW S— MISSISSIPPI— ACTS OF 1908.
sw itching at intermediate station s; nor to any locom otive engines
in cases o f washouts, wrecks, or when going to the assistance o f
engines so disabled as to block the main track o f a railroad.
S ec . 2. Any person or corporation violating the provisions o f this
act shall be guilty o f a misdemeanor, and on conviction thereof
shall be punished by a fine o f not less than $100 or more than
$1,000, and in addition thereto any person giving an order, per
m itting or requiring an employee o f any railroad to violate the
provisions o f this act shall be guilty o f a misdemeanor, and on
conviction th ereof shall be punished by imprisonment in the
county ja il not less than ten nor more than thirty days.
S ec. 3. Any person or corporation operating a railroad in viola
tion of the provisions o f this act shall be liable for injury or
damage caused to any person by reason thereof, nptwithstanding
the negligence of the party injured or damaged.
649
Violations.
Liability.
Approved M arch 16, 190S.
C h a p t er 99.—Employment
of children— General provisions.
Age limit.
S ection 1. No children under the age o f tw elve years shall be
employed in or permitted to w ork in any mill, factory or manu
factu ring establishment in this State.
S ec . 2. No child under the age o f sixteen years shall be em Hours of la
ployed or detained in any mill, factory or m anufacturing estab bor.
- Night work.
lishment w ithin this State fo r more than ten hours in any one
day, or fo r more than fifty-eight hours in any one week, or be
employed in or detained in any such m anufacturing establishment
between the hours o f 7 p. m. and 6 a. m.
S ec. 3. It shall be unlaw ful fo r any person, firm or corporation
Affidavits.
to em ploy or detain or permit to w ork in any mill, factory or man
u facturing establishment in this State any child under the age
o f sixteen years w ithout first requiring said child to present the
affidavit o f the parent or guardian or person standing in parental
relation to such child, stating the place and date o f birth o f such
child, and also stating the last school attendance o f such child
and grade o f studies pursued, and the name o f school and name
o f teacher in charge. The em ployer shall preserve such affidavit
and keep a complete register o f all such affidavits show ing all the Register.
fa cts contained therein.
S ec. 4. It is the special duty o f the sheriff o f the county in w hich E nforcem ent.
m anufacturing establishments employing child labor are located
to visit, at least once each month, each such m anufacturing estab
lishment, and see to the enforcem ent o f this act.
S ec . 5. It is the duty o f each county health officer to visit, w ith Inspection.
out notice o f his intention to do so, all m anufacturing establish
ments em ploying child labor within his county, at least tw ice each
year, and oftener i f requested by the sheriff, and to prom ptly
report to the sheriff any unsanitary condition o f the premises, any
child or children afflicted w ith an infectious, contagious or com
municable disease, or whose physical condition renders such child
or children incapacitated to perform the w ork required o f th em ;
and the sheriff shall promptly rem ove such child or children from
such m anufacturing establishment, and order the premises put in
sanitary con d ition ; and the judgm ent o f the county health officer
as to the physical condition o f the children and sanitary condition
o f the premises shall be final and conclusive.
Investiga
S ec. 6. It shall be the duty o f the circu it ju dge to specially
tions.
charge the grand ju ry to investigate violations o f this act.
S ec. 7. Any officer, manager or superintendent of any manu Refusing in
facturing establishment in which child labor is employed who shall formation.
fail or refuse to give true and correct information demanded of
him by any o f the officers hereinbefore directed to inspect such
establishments, or who shall fail or refuse to obey any lawful
order of the sheriff or health officer o f the county in which such
establishment is located, for carrying out the purposes o f this act,
shall be guilty of a misdemeanor, and upon conviction shall be
fined not less than ten dollars nor more than one hundred dollars.
650
BU LLETIN OF TH E BUREAU OF LABOR.
Violations.
S ec . 8. A ny person, firm or corporation, or the superintendent,
manager, or any officer o f a m anufacturing establishment employ
ing any child or permitting any child to be employed by or to
w ork in or to be detained in any mill, fa ctory or m anufacturing
establishment in this State contrary to law, shall be guilty o f a
misdemeanor, and upon conviction shall be fined not less than fifty
dollars nor m ore than one hundred dollars, or m ay be sentenced
to the county ja il fo r not less than ten days nor more than sixty
days, or both such fine and imprisonment.
A pp lica tion
S ec . 9. The provisions o f this act shall apply only to m anufac
of act.
turing establishments engaged in m anufacturing or w orking in
cotton, w ool or other fabrics, and to m anufacturing establishments
where children are employed indoors at w ork injurious to health,
or in operating dangerous machinery.
Approved M arch 21, 1908.
C h a p t er 194.— Liability
of railroad Companies for injuries to em
ployees— Fellow-servants.
S ection 4056 o f the Code o f 1906 is hereby amended so as to
read as follow s:
Fellow - serv
Section 1. Every employee o f a railroad corporation, and all
ant d o c t r i n e other corporations and individuals, using engines, locom otives or
abrogated.
cars o f any kind or description whatsoever, propelled by the dan
gerous agencies o f steam, electricity, gas, gasoline or lever power,
and running on tracks, shall have the same rights and remedies
fo r an in ju ry suffered by him from the act or omission o f such
railroad corporation or others, or their employees, as are allow ed
by law to other persons not employed.
K n o w le d g e
K now ledge by any employee injured o f the defective or unsafe
not a defense.
character or condition o f any machinery, w ays or appliances, or
o f the im proper loading o f cars, shall not be a defense to an action
Exceptions. fo r in ju ry caused thereby, except as to conductors or engineers
in charge o f dangerous or unsafe cars or engines voluntarily
Injuries caus operated by them. W hen death ensues from an in ju ry to an em
ing death.
ployee, an action m ay be brought in the name o f the w idow o f
such employee fo r the death o f the husband, or by the husband
fo r the death o f his w ife, or by a parent fo r the death o f a child,
or in the name o f a child for the death o f an only parent, fo r such
damages as may be suffered by them respectively by reason o f
such death, the damages to be fo r the use o f such w idow , husband,
parent or child, except that in case the w idow should have children,
the damages shall be distributed as personal property o f the
husband. The legal or personal representatives o f the person
injured shall have the same rights and remedies as are allow ed
by law to such representatives o f other persons. In every such
action the ju ry may give such damages as shall be fa ir and just,
w ith reference to the in ju ry resulting from such death to the per
son suing. A ny contract or agreement expressed or implied, made
Waiver.
by an employee to w aive the benefit o f this section shall be null
and v o id ; and this section shall not deprive an em ployee o f a
person, natural or artificial, or the legal or personal representa
tives o f such person, o f any right or remedy they now have by law.
Approved March 20, 1908.
M IS S O U R I.
AC TS OF 1909.
Inspection of factories and ivorkshops.
(Page 331.)
S ection 1. A rticle X V I I o f chapter 91 o f the R evised Statutes
o f M issouri o f 1899, relating to factory inspection in cities o f five
thousand inhabitants or more, is hereby amended by repealing
LABOR LAW S---- MISSOURI-----ACTS OF 1909,
651
section 64ol o f said article, and by * * * [amending sections
6432, 6444, 6445 and] 6446 o f said article, so that said sections,
when amended, shall read as follow s:
[The amendment consists in substituting the words factory
inspector for the words commissioner of labor, in the sections
amended.]
Inspection of factories and icorkshops—Blowers for emery
wheels, etc.
(Page 333.)
Section 1. Section 6444 of the Revised Statutes of 1899 is
Hoods and
hereby repealed, and the following section, to be known as section ^J^wers f o r
6444, is hereby enacted in lieu thereof: Section 6444. Every person, machinery, et<S
firm or corporation using any polishing wheel or machine o f any
character which generates dust, smoke or poisonous gases in its
operation, shall provide each and every such wheel or machine
with a hood, which shall be connected with a blower or suction
fan o f sufficient power to carry off said dust, smoke and gases and
prevent its inhalation by those employed about said wheel or
machine; and any violation of this section is hereby declared to
be a misdemeanor, and a person, firm or corporation so violating
this section shall, upon conviction, be punished by a fine of not
less than one hundred nor more than five hundred dollars for each
and every offense. It shall be the duty of the factory inspector
and his deputies to see that this section is enforced and to prose
cute any violations thereof.
Approved June 1, 1909.
Payment of wages of railroad employees— Time.
(Page 366.)
Section 1. A ll railroad corporations incorporated under the , Monthly pay
laws of this State and conducting and operating a railroad therein, ay*
and all foreign corporations conducting and operating railroads
in this State (including receivers of said domestic and foreign
corporations) shall and it is hereby made their duty to pay the
employees of said corporations their wages monthly, and said
monthly wages or compensation shall be paid on or before t h e .
15th o f the month following the month during which said wages
or compensation shall be earned.
.
S ec. 2. That any railroad corporation referred to in the fore- Violations,
going section, or any superintendent, manager or receiver thereof,
who shall w illfu lly refuse, neglect or fa il to pay said employees,
their agents, assign [s], or any one duly authorized to collect said
wages, their wages or compensation as required by this act, shall
be guilty o f a misdemeanor, and shall be punishable by a fine o f
not less than twenty-five dollars and not more than three hundred
dollars fo r each offense, and each day during w hich said payment
o f wages or compensation shall not be made as required by this
act shall constitute a seoarate and distinct offense.
Approved June 14, 1909.
Employment of females in "barrooms.
(Page 442.)
Section 1. Section 2185 of the Revised Statutes of Missouri, . Women not
1899, is hereby amended * * * so that said section as ployed,
amended shall read as follow s: Section 2185. No company, cor
poration, firm, owner, proprietor, lessee or person owning, con
ducting or operating any dramshops, saloon or place where
spirituous, malt or vinous liquors are sold at retail shall employ
or suffer to be employed any female as a servant, bartender,
waiter, dancer or singer in said dramshop or place where spirit-
652
BULLETIN OF TH E BUREAU OF LABOR,
nous, m alt or vinous liquors are sold at retail, and any person
violating the provisions o f this section shall be deemed guilty
o f a misdemeanor, and, upon conviction, shall be punished by
im prisonment in the county ja il not less than three nor more
than tw elve months, or by fine o f not less than fifty nor more
than five hundred dollars, or by both such fine and im prisonm ent;
and it shall be the duty o f the judge o f the court before whom
any person is convicted fo r the violation o f the provisions o f this
section to declare the license o f such person fo r the keeping o f a
dramshop forfeited and revoked, and enter the same on record ;
and thereupon it shall be the duty o f the clerk o f the said court
to certify the fa ct to the authority granting such license, and no
such license shall be renewed or again granted to such person
until after the expiration o f the tw o years from the day o f con
viction.
Approved May 6, 1909.
Offenses of employees— Intoxication.
(Page 450.)
Iu toxication
S ection 4. Section 1868 o f * * * [the Revised Statutes o f
of e n g in e e r s , 1899] is hereby amended * * * so that said section, as
elc‘
amended, shall read as fo llo w s : Section 1868. Every person who
w hilst actually employed in discharging the duties o f a pilot or
engineer on any steamboat, or o f an engineer or conductor on
any railroad engine, car or train o f cars, or o f a motorm an or
conductor on any electric car or cars moved or propelled by any
other power, shall be intoxicated, shall, upon conviction, be
punished by imprisonment in the penitentiary not exceeding three
years or in the county ja il not exceeding one year, or by fine not
exceeding one thousand dollars.
Repeal.
S ec . 5. Sections 1858 and 1869 o f * * * [the General Stat
utes o f 1899] are hereby repealed.
Approved June 4, 1909.
Inspection of factories— Guards for dangerous machinery.
(Page 502.)
.Belting, etc.,
S ection 1. Section 6433, Revised Statutes o f 1899, [sh all] be
to be guarded, amended * * * , so that said section, as amended, shall read
as follo w s : Section 6433. The belting, shafting, machines, ma
chinery, gearing and drums, in all manufacturing, m echanical
and other establishments in this State, when so placed as to be
dangerous to persons employed therein or thereabout w hile en
gaged in their ordinary duties, shall be safely and securely
guarded when possible; if not possible, then notice o f its danger
shall be conspicuously posted in such establishments.
Approved June 14, 1909.
Employment of women and children— Cleaning moving machinery.
(Page 502.)
Cleaning
S ection 1. Section 6434, Revised Statutes o f Missouri, 1899, is
m o v i n g ma- hereby repealed and a new section * * * enacted in lieu
hibited!y pro" thereof, as fo llo w s : Section 6434. No m inor or woman shall be
required to clean any part o f the mill, gearing or machinery w hile
it is in m otion in such establishment, nor shall any minor under
the age o f sixteen years be required to w ork between the fixed and
Working be- traversing or the traversing parts o f any machine w hile it is in
tween moving motion by the action o f steam, water, electricity or other mechanp r ’
ical p o w e r ; and no woman shall be required to w ork between the
fixed and traversing or the traversing parts o f any such machine,
except the machine being operated by her.
Approved May 3, 1909.
LABOR LAW S---- MISSOURI-----ACTS OF 1909,
653
Employment of women—Hours of labor.
(Page 616.)
Section 1. No fem ale shall be employed or permitted to w ork in
Night work.
any m anufacturing or mercantile establishment, laundry o r res
taurant in any cities o f this State w hich may now or hereafter
contain m ore than 5,000 inhabitants before five o ’clock in the
morning or after ten o ’clock in the evening o f any day, nor fo r
Hours of la
more than fifty-fou r hours in any one week. A printed notice, in bor.
a form w hich shall be furnished by the commissioner o f labor,
stating the number o f hours per day fo r each week required o f
females, and the tim e when such w ork shall begin and end, shall
be kept posted in a conspicuous place in each room w here they are
employed. The presence o f such fem ale employees in any o f the
places herein mentioned at any hour other than those stated in
the posted notice, shall constitute prima facie evidence o f a viola
tion o f this a c t : Provided, That th is act shall not apply to any
mercantile establishment where three or less such fem ales are
em ployed: Provided , That women may be employed after 10 p .m .
in restaurants, but shall not be employed therein more than nine
hours in any one day.
S ec. 2. Any person who, directly or indirectly, for himself, or
for another, shall employ any female in violation o f the provisions
o f this act, and any employer who shall fail to post or to keep
posted the notice required by the preceding section, shall be
deemed guilty of a misdemeanor, and shall be punished by a fine
o f not less than fifty nor more than one hundred dollars.
Violations.
A pproved June 14, 1909.
Mine regulations—Inspection of hoisting apparatus.
(Page 695.)
S ection 1. A rticle 2, chapter 133, Revised Statutes o f Mis
Ropes, etc.,
be
in
souri, 1899, [shall] be amended by adding tw o new sections t o
spected.
thereto, to be known as sections 8812a and 8812b, and to read as
fo llo w s : Section 8812a. E very ow ner or operator, or the agent o f
such ow ner o r operator o f any coal mine in this State, w ho shall
em ploy twenty-five or more m iners or mine laborers, where any
m echanical device is or shall be used fo r the low ering or hoisting
o f men into or out o f such mine, shall have some experienced
and practical person to inspect all ropes, cages, safety catches,
shive w heels and drum brakes a t least tw ice in each week w hile
such mine shall be in operation. A nd every such ow ner or opera
tor, or the agent o f such owner or operator o f such mine, is hereby
required to furnish a book o f suitable kind in w hich the results o f
each inspection are hereby required to be entered and recorded b y
the person making such inspection as soon and as often as the
same shall be made, alw ays reciting in such book also the day and
date o f such in spection ; and such book shall be kept at such mine,
and shall, on all w orking days, be open fo r the inform ation o f all
employees o f such mine.
Section 8812b. Every owner or operator, or the agent o f such Violations.
ow ner or operator o f any coal mine in this State o f the kind men
tioned in the next preceding section, w ho shall fa il to com ply
w ith the provisions o f said section, shall be deemed guilty o f a
misdemeanor, and, upon conviction thereof, shall be punished
by a fine o f not less than twenty-five dollars nor m ore than one
hundred dollars, or by imprisonment in the county ja il not less
than thirty days nor m ore than ninety days, or by both such
fine and im prisonment fo r each and every separate offense. And
every failure to have made such inspection and to have entered
and recorded the results o f such inspection as provided in sec
tion 8812a on any day when the same should have been done, shall
constitute a separate offense.
Approved May 14, 1909.
654
BULLETIN OF TH E BUREAU OF LABOR.
M in e regulations— L o w erin g and hoisting m in ers .
(Page 696.)
Shaft men.
S ection 1. Section 8813, article 2, chapter 133 o f the Revised
Statutes o f Missouri, 1899, * * * is hereby amended * * *
so that said section, as amended, shall read as follow s:
[The changes consist in requiring shaft men in all mines, in
stead o f only those in w hich steam is used for low ering and
hoisting men, and in requiring eight men fo r a trip o f the cage
instead o f six as before.]
Employment of children—School attendance.
(Page 847.)
A tten d a n ce
[T h is act amends act, page 146, Acts o f 1905, by requiring at
required.
tendance during three-fourths o f the term instead o f one-half,
as h eretofore; also by providing fo r attendance officers in towns
having one thousand population instead o f three thousand, as
under the form er law .]
Private employment offices.
(Page 862.)
S ection 1. No person, firm or corporation in this State shall
L ic e n s e re
quired.
open, operate or maintain an employment office or agency fo r hire,
or w here a fee is charged to either applicants fo r employm ent or
fo r help, w ithout first obtaining a license fo r the same from the
state commissioner o f labor statistics. Such license fee in cities
o f fifty thousand population and over shall be fifty dollars per
annum, and in all cities containing less than fifty thousand popu
lation, a uniform fee o f twenty-five dollars per annum. E very
Fee.
license shall contain a designation o f the city, street and num
ber o f the building in w hich the licensed party conducts said
employment agency. The license, together w ith a copy o f this
act, shall be posted in a conspicuous place in each and every,
employment agency. The commissioner o f labor statistics shall
require w ith each application fo r a license a bond in the penal
Bond.
sum o f five hundred dollars, w ith one or m ore sureties, to be
approved by said comm issioner and conditioned that the obligors
w ill n ot violate any o f the duties, terms, conditions, provisions
or requirements o f this act. The said commissioner is author
ized to commence action or actions on said bond or bonds in the
name o f the State o f M issouri fo r any violation o f any o f its
R e v o c a tio n conditions, and he may also revoke, upon a fu ll hearing, any
license, whenever, in his judgment, the party licensed shall have
o f license.
violated any o f the provisions o f this act. It shall be the duty
o f every licensed agency to keep a register in w hich shall be en
Register.
tered the names and addresses o f every person w ho shall make
application fo r help or servants, and the names and nature o f
such employment fo r w hich such help shall be wanted. Such reg
ister shall, at all reasonable hours, be open to the inspection and
examination o f the commissioner o f labor statistics and his agent,
or agents, deputies or assistants. W here a registration fee is
Registration
charged fo r receiving or filing applications fo r employment o r
fee.
help, said fee shall, in no case, exceed the sum o f one dollar, fo r
which a receipt shall be given, in w hich shall be stated the name
o f the applicant, the amount o f the fee, the date and the name o r
nature o f the w ork to be done or the situation to be procured.
In case the said applicant shall not obtain a situation or employ
ment through such licensed agency within one month, after reg
istration, as aforesaid, then said licensed agency shall forth w ith
Fee to be re repay and return to said applicant, upon demand being m ade
therefor, the fu ll am ount o f the fee paid or delivered by said ap
turned.
plicant to said licensed agency. A ny licensed agency shall not
F a l s e n o publish or cause to be published any false or fraudulent notice
or advertisement, or give any false inform ation or make any false
tices.
655
LABOR LAW S— MISSOURI— ACTS OP 1909.
prom ise concerning or relating to w ork or employment to any
one w ho shall apply fo r employment, and no licensed agency shall
make any false entries in the register to be kept as herein pro
vided. No person, firm or corporation shall conduct the business
o f any employment office or agency in, or in connection w ith any
place where intoxicating liquors are sold.
S ec . 2. It shall be the duty o f the commissioner o f labor statistics, or his deputies, agents or assistants, to enforce this act.
Enforcement,
When informed of any violation* it shall be their duty to institute
crim inal proceedings for the enforcement o f its penalties before
any court o f competent jurisdiction. A n y person convicted o f a
violation of the provisions of this act shall be deemed guilty of a
violations.
misdemeanor, and shall be fined not less than fifty nor m ore than
one hundred dollars fo r each offense, or be im prisoned in the
county ja il fo r a period not exceeding six months, or both.
S ec . 3. A ll m oney or moneys received from fees and fines under
Enforcement
this act shall be held by said commissioner o f labor statistics, and fundshall constitute a fund fo r the purpose o f enforcing the pro
visions o f this a c t ; and the said commissioner shall, at the end o f
each fiscal year, make an account o f said fund and pay into the
state treasury whatever balance shall remain after paying the
necessary disbursements for the purpose o f enforcing the pro
visions o f this act.
S ec . 4. The free public employment bureaus organized and esExemptions,
tablished, or to be organized and established in this State by the
comm issioner o f labor statistics, or charitable organizations, shall
not be subject to the provisions o f this act.
A pproved June 14, 1909.
Inspection of bakeries, etc.
(Page 864.)
S ection 1. Sections 10088 to section 10095, inclusive, o f the R e
vised Statutes o f M issouri for the year 1899, are hereby repealed,
and a new article, to be numbered IV o f chapter 161 and to be en
titled “ Bakeries,” is hereby enacted in lieu thereof, to w i t : A rti
cle IV .— B a k eries:
Sectiofi 1. No employee shall be required, permitted or suffered
to w ork in any biscuit, bread, pastry or cake bakery, or confec
tionery establishment, in this State m ore than six days in one
week, said week to commence at a given hour on Sunday and ter
minate at the corresponding hour on the Saturday fo llo w in g :
Provided, however, That such week shall commence not sooner
than six o’clock a. m. on Sunday and end not later than six o’clock
Day o f rest,
p. m. on Saturday.
Night
No person under the age of sixteen years shall
work
be employed in any bake shop or confectionery shop between th e o£ children.
hours o f nine o’clock at night and five o’clock in the morning.
Sec. 2. Every building or room occupied as a biscuit, bread or C o n s t ru e cake bakery or confectionery shop shall be drained and plumbed 4 11> itcn itof
in a manner conducive to the proper healthful and sanitary workrooms,
condition thereof, and constructed w ith air shafts, w indow s or
ventilating pipes sufficient to insure ventilation. Every room or
room s used as a bake shop or confectionery shop wherein food
stuffs are mixed, m anufactured or baked, and all troughs, m ixing
boxes, steam boxes and other appliances used in the preparation
o f foodstuffs shall be left open, ventilated and aired fo r a period o f
not less than tw elve consecutive hours during each week between
the hours o f six o ’clock p. m. on Saturday and six o’clock a. m. on
Sunday, and during said twelve hours no sponge setting, m ixing
or baking shall be done in such bake shop or confectionery shop.
No water-closet, privy or ash pit shall be w ithin or communicate
directly w ith the bake shop or confectionery shop. The walls o f
bake shops or confectionery shops shall be plastered or faced
w ith smooth stone, brick or tile, the ceiling whitened, plastered
or covered w ith lumber, metal or fireproof material, and shall be
whitewashed at least once every tw elve months. The furniture,
656
B U LLETIN OF TH E BUREAU OF LABOR.
troughs, steam boxes, mixers, pans and all other utensils used in
or about such bakery or confectionery and the floor, walls and
ceiling o f such room s shall be kept in a clean, healthful and
sanitary condition.
Sleeping
Sec*. 4. No sleeping apartments fo r any person shall be permitted
apartments.
or maintainedL in any room or room s used fo r [the] m anufactur
ing or storing o f flour or meal products, or fo r storing flour or
m eal or other articles used in the m anufacture or production o f
said products, nor in any room where any m anufactured product
is stored or k e p t
Diseased emSec. 5. No em ployer shall knowingly require, perm it or suffer
ployees.
any person to w ork in or about his bake shop or confectionery
shop w ho is affected w ith tuberculosis, scrofula or any venereal
disease, or w ith a communicable skin affection and every person
is hereby required to keep him self in a clean and sanitary con
dition w hile engaged in the m anufacturing or handling o f such
products.
Underground
Sec. 6. No room or rooms, either w holly or partly underground,
workrooms.
not now used a s a bakery or confectionery shop, shall hereafter
be used as a bakery or confectionery shop, unless the same shall
b e so situated as to com ply w ith the necessary sanitary conditions,
n or shall any room or rooms, w holly or partly underground, now
used as a bakery or confectionery shop, w hich shall hereafter be
closed be again used as a bakery or confectionery shop unless the
same shall com ply w ith the necessary sanitary conditions.
Violations.
Sec. 7. A ny person w ho violates any o f the provisions o f this
article or refuses to com ply with the requirements thereof shall
be deemed guilty o f a misdemeanor, and, on conviction, shall be
punished by a fine o f not less than ten dollars and not more than
one hundred dollars, or imprisonment in the county ja il not less
than one month, or by both such fine and imprisonment.
Inspections.
Sec. 8 . It shall be the duty o f the fa ctory inspector or his deputy
to inspect each bake shop at least once every tw elve months, for
w hich he may receive a fee o f not exceeding one d o lla r ; he may
m ake such additional inspections as conditions may seem to re
quire, but he shall not be entitled to any fee fo r such additional
Inspection. It shall be his duty to see that the provisions o f this
article are carried into effect, and it is hereby made the duty o f
the prosecuting attorney o f each county or city in this State to
lend all possible aid in all prosecutions fo r violation o f any o f the
provisions o f this article.
Law to be
Sec. 9. A copy o f this article shall be furnished by the factory
posted.
inspector and be kept conspicuously posted in every bake shop or
confectionery establishment in this State.
Approved M ay 11, 1909.
M a n u fa ctu res in ten em en ts— Bale o f goods.
(Page 866.)
S ection 1. Chapter 161 o f the Revised Statutes o f M issouri o f
1899 is hereby amended * * *
so that said sections [10096,
10097], when amended, shall read as fo llo w s :
[The changes consist in striking out the w ords comm issioner o f
labor in these tw o sections, and in substituting therefor in section
10097 the w ords factory inspector.]
M O N TA N A .
AC TS OF 1909.
C h a p t er
3S.— S a fe ty
appliances on railroads— H ea d lig h ts
locom otives.
on
He a d l i g h t s
S ection 1. It shall be the duty o f any person, corporation or
required.
company operating any railroad or railw ay in this State, within
LABOR LAWS— M O N TAN A— ACTS OF 1909,
one year after the passage o f this act, to equip all locom otive
engines used in the transportation o f trains over said railroad
or railw ay w ith electric headlights o f not less than fifteen hundred
(1500) candlepow er measured w ithout the aid o f a reflector, or
other headlights o f not less than fifteen hundred (1500) candlepow er measured w ithout the aid o f a reflector: Provided , That
this act shall not apply to locom otive engines regularly used in
the sw itching o f trains.
S ec . 2. Any person, corporation or com pany operating any rail
road or railw ay in this State violating the provisions o f section 1
o f this act shall be deemed guilty o f a misdemeanor and, upon
conviction thereof, shall be fined not less than one hundred ($ 100)
dollars nor more than one thousand ($ 1,000) dollars fo r each
offense.
Approved February 16th, 1909.
C h a p t e r 46.— Inspector
657
Violations.
of coal mines— Qualifications.
S ectio n 1. Section 1680 o f the Revised Codes o f Montana, o f
1907, is hereby amended so as to read as fo llo w s :
Section 1680. No person shall be eligible to the office o f coal
Q u alificamine inspector until he shall have attained the age o f thirty t i o n s of in
spector.
years, must be a citizen o f the United States, a qualified resident
o f the State o f Montana and been actually employed at coal
mining ten years prior to his appointment and shall possess a
competent knowledge o f all the different systems o f coal mining
and w orking and properly ventilating coal mines, and the nature
and constituent parts o f noxious and explosive gases o f coal
mines, and o f the various w ays o f expelling the same from the
Said mines. And has passed a successful exam ination and whose
certificate o f qualification has been filed w ith the governor by the
board o f examiners, as provided fo r by law.
Approved M arch 2, 1909.
C h a p t e r 64.— Inspector
of coal mines— Examination.
Board of ex
S ection 1. From and after a period o f tw o months, subsequent
to the date o f the passage and approval o f this act, the governor aminers.
shall upon the recommendation o f the coal miners o f this State,
appoint one practical coal miner actively employed in coal mining
in the State o f Montana, and one m ine manager, or superintendent,
Who shall be recommended to the governor by the m ajority o f
the coal mine operators o f the State o f Montana and one practical
coal m ining engineer; the three so named by the governor shall
constitute a board o f examiners to pass upon the qualification
o f applicants fo r coal mine inspector o f the State o f Montana.
S ec . 2. It shall be the duty o f the said board to exam ine into
E xa m {na
the qualifications o f all applicants fo r appointment to the position tions.
o f coal mine inspector o f the State o f Montana, by conducting a
thorough exam ination as to the knowledge o f mine working, venti
lation, gases, fire damp, machinery, and actual experience in the
underground coal mining, and to acquaint themselves w ith the
person, character, habits and general worthiness o f each appli
cant. T h e general examination shall be in w riting and manuscript
and other papers o f all applicants, together w ith the tally sheets
and th e solution o f each question as given by the examining board
shall be filed with the secretary o f the state as public documents,
but such applicants shall undergo an oral exam ination pertaining
to explosive gases, and safety lamps. A ll candidates shall be
allow ed the use o f such text-books as are proper during the
exam ination. The board o f exam iners shall confine the exam ina
tion, o f applicants, to questions as designated in section 2, o f this
act. No person shall be certified as competent whose average
percentage shall be less than 75 per centum, and certificate shall
show w hat per cent the applicant has attained, and such certifi
cate shall be valid only when signed by a m ajority number o f the
exam ining board, Exam ining board shall im mediately after the
658
BULLETIN OF TH E BUREAU OF LABOR.
examination, furnish to each person w ho came before it to be
examined a copy o f all questions, w hether oral or written which
w ere given at the examination on printed slips o f paper, and to
be marked, solved right, im perfect or wrong, as the case may be,
together w ith the certificate o f com petency to each candidate who
shall have made at least 75 per centum.
Applicants.
S ec. 3. Applications fo r exam ination fo r coal m ine inspector
to said board must be made in w riting and accom panied by an
affidavit showing that the applicant is a citizen o f the United
States, a resident o f the State o f Montana, and that he has
attained the age o f thirty y ea rs; has had a t least ten years ex
perience in underground coal mining in the United States and at
least one years experience in underground coal m ining in the State
o f Montana.
List of eligiS ec. 4. The board o f exam iners shall file w ith the governor the
Wesnames o f all persons w ho shall have successfully passed the exam
ination. From those so named the governor shall select one per
son to be state coal mine in spector: Provided , T h at anyone who
has served capably as state coal m ine inspector fo r one fu ll term
upon making w ritten application to the board setting forth these
facts, shall be certified to the governor as properly qualified fo r
appointment but no man shall be eligible fo r the appointment as
state coal mine inspector w ho has any pecuniary interest in any
coal mine either as ow ner or employer.
AppointS ec. 5. A s often as vacancies occur in the office o f coal mine
ments.
inspector caused either by death, resignation, or removal for
malfeasance or as provided for in section 12, o f this act creating
•the office o f coal mine inspector, or as otherwise determined as
with other officers of the State.
Term
boards.
The governor shall fill the same by appointment fo r the unex
pired term by selecting a person whose name is on file in his office
as provided fo r in section 4 o f this act.
of
S ec. 10. Four years after January 1, 1909, and every fou r years
thereafter, the governor shall appoint a board o f exam iners to
pass upon the qualification o f applicants fo r coal mine inspector,
w hich shall be constituted, sworn and paid and shall perform the
same duties as the board provided fo r in section one ( 1 ) o f this
act, during the term fo r w hich they w ere appointed and from the
names certified to by them the governor shall appoint a coal mine
inspector for the State o f Montana, as herein provided for.
ReappointSec . 11. Nothing in this act shall be construed as preventing the
m e n t o f in -reappointment o f any coal mine inspector, who shall have sucspec ors.
cessfully passed the required examination and qualified as here
inbefore provided for.
f a n c i e s on g EC ^3 Vacancies upon the said board o f examiners shall be
ooaia.
fllled by the governor.
Approved March 4, 1909.
C h a p t er 67.—State
cooperative insurance fund— Goal miners and
mine laborers.
insurance reSection 1. A ll workmen, laborers and employees employed in
quired.
and ar0und any coal mines, or in and around any coal washers
in which coal is treated, except office employees, superintendents
and general managers, shall be insured in accordance w ith the
provisions o f this act, against accidents occurring in the course o f
their occupations.
Payments by
Sec. 2. A ll corporations, partnerships, associations or persons
employers.
engaged in the business o f operating any coal mine or coal wash
ers in the State o f M ontana shall pay to the auditor o f the State,
w ithin five days after the m onthly w ages o f the particular mine
shall have been paid, one cent per ton on the tonnage o f coal mined
and shipped, or sold locally, or having been mined is ready fo r
shipment or sale during the month fo r w hich the w ages w ere p a id ;
and all persons m entioned in section 1 employed in and about coal
Payments by mines shall allow to be deducted from their gross monthly earnings
employees.
one per cent thereof, the deduction to be made by the agent, man-
LABOR LAW S— M O N TAN A— ACTS OF 1909.
659
ager, or forem an o f any corporation, association, partnership, per
son or persons engaged in the business o f operating any coal mine
or coal washer, and paid to the state auditor within five days
a fter such monthly wages have been paid.
S ec. 3. The agent, manager, forem an or accountant o f any cor Reports as to
poration, partnership, association, person or persons engaged in tonnage.
mining coal in Montana, shall on or before the fifth day succeed
ing the pay day at his respective mine, make report under oath to
the state auditor as to the tonnage mined and subject to the pay
ment o f one cent per ton thereon; and stating the gross earnings
subject to the one per cent deduction as provided in this act, ac
com panied by a certified check in fu ll fo r the amount o f the tax
provided in section 2 o f this act. It shall be unlaw ful for any
person, employer, employee, corporation, partnership, association
or union to make any contract waiving, avoiding or affecting the Waivers for
bidden.
fu ll legal effect o f this act.
Sec. 4. It is hereby made the duty o f the state auditor to receive Funds.
all moneys as provided fo r in this act, and to send the proper
acknowledgm ent to the person making such remittance. The
auditor shall pay all moneys so received by him to the state
treasurer, w ho shall keep such sums in safe custody in a distinct
fund to be known as the employers and employees cooperative
insurance and total permanent disability fund. The state treas
urer must invest the surplus o f this fu nd in safe and convertible
state, county or city bonds, or bonds o f the United States. A ll
interest accruing from such investments shall be accredited to this
insurance fund. The bond o f the state treasurer shall be liable
fo r such funds, and it shall be his duty to keep accurate accounts
o f the receipts and disbursements o f such money.
Sec. 5. The auditor o f state shall keep fu ll statistics o f the op Statistics.
eration o f this function o f his department in the event o f death by
accident, o f an employee insured under this act, w ho shall have
come to his death in the course o f his employment and by causes
arising therein. The auditor o f state upon being satisfied by Payment o f
adequate evidence o f such death shall issue a w arant upon the death claims.
state treasurer to persons dependent upon the deceased, these
w arrants to issue in the follow in g ord er: (1 ) T o surviving w ife
and child, or children, in equal shares, and i f neither w ife or
child, or children be alive, then ( 2 ) to surviving parents who are
dependent, or partially so, upon the deceased; i f none, then (3 ) to
such other relative[s] o f the deceased as survive him and are
dependent upon him, in the sum o f three thousand ($3000) dollars.
A workm an receiving injuries w hich permanently incapacitate Compe n s a him from the perform ance o f w ork shall receive a compensation tion.
monthly, not to exceed one dollar ($ 1 ) a day fo r each working
day. Compensation fo r permanent in ju ry shall not be allow ed
until after the expiration o f tw elve weeks from the time such
injuries wTere sustained: Provided, That the m edical practitioner
examines and pronounces the injury as being permanent, com
pensation may then be allow ed from commencement o f disability.
The auditor o f state, however, may, when in his judgm ent he
deems it advisable, use so much o f the funds as is necessary in
the procuring o f a m edical practitioner, fo r the purpose o f examina
tion or treatment under this act, fo r such injuries as herein men
tioned [sic] compensation shall continue during disability, or until
settlement is affected as provided fo r in section 9 o f this act.
Total or permanent disability shall consist o f the loss o f both Disability.
legs or both arms, the total loss o f eyesight or paralysis, or other
conditions incapacitating him from work, caused by accident,
or injuries received during employment as specified by this a c t:
Pwinded, That i f death, as a result o f the injury, ensues at a Death.
period not longer than one year from date o f accident the sum
o f three thousand dollars ($3000) shall be paid the deceased w ork
man’s dependents as hereinbefore provided. The representatives Aliens.
o f a foreigner, except the w idow or dependent children, who were
not living within the country at the time o f the accident, shall
20092— No. 85— 10------14
660
BULLETIN OF TH E BUREAU OF LABOR.
have no claim for the compensation provided for in this act. Such
foreign person shall file their foreign address, if married, with
the office o f their employer w ith whom they are employed and
duplicate thereof w ith the state auditor, giving their w ife’s name
and dependent children, and such other identification as may be
Loss o f eye required by the auditor o f state. Loss o f any limb, or eye, caused
or limb.
by accident to a workm an w hile employed as provided fo r in this
act, shall be compensated for in the sum o f one thousand ($ 1000)
i f no funds, d o lla r s: Provided , That in the event there shall be no funds
what.
available in the funef to pay the auditor’s w arrant when drawn
the same shall draw interest out o f the fund at the rate o f ten
per cent per annum until such w arrant is called for payment by
the treasurer w hich shall be as soon as the fund is sufficient to
pay the same w ith its interest then due.
Monthly pay
S ec. 6 W here a workm an is entitled to m onthly payments under
ments.
this act, he shall file w ith the auditor o f state his application for
such, together w ith a certificate from the county physician o f the
county wherein he resides, attested before a notary public.
Fraudul e 9 t
S ec . 7. I f any person or persons com pany or corporation who
claims.
is then paying into this insurance fund shall believe that any per
son or persons are obtaining, or having made application to obtain
benefits hereunder im properly or fraudulently, and shall file his
wTritten request th at such person’s claim be investigated, the state
auditor must, upon the receipt o f such request request the secretary
Medical ex- o f the state board o f health to make an exam ination fo r the purpose
amination.
o f this act and his certificate as to the condition o f the person or
persons w ith reference to their rights to benefit under this act
shall be conclusive evidence as to his condition, [sic]
Refusing ex
S ec. 8. I f the workm an refuses to submit him self to such exam i
amination.
nation, or in any w ay obstruct the same, his right to compensa
tion under this act shall be suspended until such exam ination takes
place, and shall absolutely cease unless he submits him self fo r an
examination w ithin one month after being required to do so.
Payment o f
S ec . 9. When any m onthly payment has been m ade to a worklump sum.
man f or any period whatever, the liability under this act, may on
the application by, or on beh alf o f the workm an, be redeemed by
the payment o f a lump sum, w hich in no instance shall be in ex
cess o f the am ount specified as death indemnity, and all m onthly
payments made prior shall be deducted from such settlement.
Annual r e S ec . 10. The auditor o f state shall report in January o f each
P°rts*
year to the governor o f the experience and business o f this funcP o w e r s of tion o f his department, and shall have plenary pow er to determine
auditor.
all disputed cases w hich m ay arise in its adm inistration not herein
provided for, and to recommend in his report the rates or premium
necessary in order to preserve such fund, and shall order paid such
indemnification as herein provided. H e shall have pow er to define
the insurance provisions o f this act by regulations n ot inconsistent
therewith and shall prescribe the character o f the monthly or
other reports required o f the parties liable hereunder and the
character o f the proofs o f deaths, or to total permanent disability,
and shall have pow er to make all other orders and rules necessary
to carry out the true intent o f this act.
enmty fromS as"
S ec.
No money Paid or Payable in respect o f insurance or
signment, etc. monthly compensation under this act shall be capable o f being as
signed, charged, taken into execution, or attached, nor shall the
same pass to any other person by operation o f la w ; and the acAccepta n e e ceptance o f pecuniary benefit under the provisions o f this act shall
s bfor °Perate to release the person or persons, corporation, partnerships,
damages.
or associations causing such injuries or death fo r w hich benefits
are so claimed, who shall have paid the assessment provided in
section 2 o f this act, and also the employer, officers and agents
thereof from all liability and claim arising from such injuries or
death. The commencement o f a suit to recover for such injuries
or death shall operate as a forfeitu re o f the right to benefit under
this act.
.
LABOR LAW S---- M ONTANA-----ACTS OF 1909.
661
S ec . 12. A manager, agent, foreman, accountant, person or per
sons who represent any corporation, partnership, association, per- hVFeamlDloversnS
son or persons, engaged in the mining or managing o f any coal
mines or coal washers in Montana, or person or persons liable for
the payments herein provided for who shall violate the intent o f
this act by inaccurate reports o f tonnage o f coal produced by them,
or the earnings o f employees in their employ, or who in any man
ner hinders or obstructs the auditor o f state in ascertaining facts
bearing upon any case provided fo r in this act or who may refuse O bstructing
correctly to make out such reports as are required by this act, of^aw. atl° n
or as requested by the auditor o f state, or submit to its provisions,
when liable therefor, or w ho shall fraudulently obtain benefits
hereunder shall be fined fo r each offense the sum o f not less than
one hundred ($ 100) dollars nor m ore than five hundred ($500)
dollars and imprisonment in the county ja il fo r a period o f not Penalty,
less than one month nor more than six months, or by both such
fine and imprisonment.
The proceeds o f all fines shall be forw arded to the state treas
urer and by him credited to the insurance fund.
S ec . 13. This act to be in fu ll force and effect from and after
the first day o f October nineteen hundred and ten, benefits to com- Act in force,
mence fou r months thereafter.
w en*
Approved M arch 4, 1909.
C hapter
69 .—Examination
and certification of mine foremen, etc.
S ection 1. On the petition o f the state coal mine inspector the
Board of exju dge o f the district court in any county where coal is mined am neis*
shall appoint an examining board o f three persons, consisting o f
the state coal mine inspector, a miner and an operator or superin
tendent, and the members o f said examining board shall be citi
zens o f the United States and legal residents o f the State o f
Montana, and shall hold office fo r the term o f tw o years or until
their successors have been appointed and qualified * * *
Sec. 2. The exam ination shall consist o f oral and written ques- Examination,
tions, theoretical and practical mining, on the nature and prop
erties o f noxious, poisonous and explosive gases found in the
mines, and on the different systems o f w orking and ventilating
coal mines. D uring the progress o f the examination, the use o f
text-books shall be allow ed applicants during the examination, Applicants,
and the board shall issue to those examined and found to possess
requisite qualifications, certificates o f competency for the position
o f mine foreman, mine examiner or fire b o s s : but such certificates
shall be granted only to persons o f twenty-three (23) years o f
age, or over, o f good moral character, citizens o f the United
States and residents o f the State o f Montana, and w ith at least
five years practical experience in the w orking o f coal mines. A ll
papers and blanks, blank books and stationery used at the exam
ination, to be furnished, by the board, and, each candidate fo r
exam ination shall be given such questions, as are required, in
w riting and each question shall be on a separate paper.
Candidates must return such papers to the board, w ith answer
to question thereon, attested by his signature. A ll question
paoers and answers shall be filed in the office o f the county clerk
and recorder, in and fo r the county w here such exam inations are
held, and kept by him in some secure place, subject to examination
at any time.
S ec. 3. Certificates o f qualification to mine forem an in the coal
Certifica t e s
mines o f Montana, shall be granted to each applicant by t h e of foremeuboard o f exam iners herein provided for, who have passed a suc
cessful examination as to his knowledge o f mine workings, venti
lation, gases, fire damp, and as to his actual experience in under
ground coal mining. The certificates shall be in a manner and
form as shall be prescribed by the state coal mine inspector, w ho
shall keep a record in his department o f all such certificates
granted. Each certificate shall contain the fu ll name and age
662
BULLETIN OF TH E BUREAU OF LABOR,
and birthplace o f applicant and also the length or nature o f his
previous service in coal mines.
M i n e examS ec . 4. Persons seeking certificates o f competency as mine
bosses and fire examiners (o r fire boss) must produce evidence satisfactory to
the board that they are citizens o f the United States, residents
o f the State o f Montana, have had at least five (5 ) years practical
experience in the w orking o f coal mines, at least twenty-three (23)
years o f age, and o f good repute and temperate habits. They
must prepare to submit to and satisfactorily pass an exam ination
as to their experience, in mines, generating dangerous and explo
sive gases, their practical and technical knowledge o f the nature
and properties o f fire damp, the law s o f ventilation, and the
structure and use o f the safety lamp.
Wbo t o reS ec . 5. The said board o f exam iners shall meet a t the call o f
c a t e / e certifi" the state coal mine inspector, and shall grant certificates to all
persons whose exam ination shall disclose their fitness fo r the
duties o f mine forem an as above classified or mine examiner, or
fire boss, and such certificate shall be sufficient evidence o f the
holders competency fo r the duties o f said position so fa r as
relates to the purpose o f this a c t : Provided , T h at any person who
shall have been employed as mine forem an, continually fo r a
period o f one year preceeding [preceding] the approval o f this
act, by the same firm, person or corporation, shall, be granted a
certificate w ithout undergoing such examination, but he shall not
be employed by any other person, firm or corporation w ithout
having successfully undergone such examination.
No person
shall be certified as competent w hose average percentage shall be
less than seventy-five per centum, and such certificate shall desig
nate the position qualified fo r and shall be valid only when
signed by a m ajority o f the exam ining board.
Certification
Sec. 6. The board may exercise its discretion in issuing certifi
cation exami‘ cates o f any class, w ithout exam ination, to persons presenting
w ith proper credentials, certificates issued by competent author
ities in this or other States: Provided , however, That fo r every
such certificate issued, the board shall charge a fee o f five dollars
($ 5 ).
Applicants to
g EC# 7 #
applicant fo r examination fo r any certificate herein
r g s er.
provided for, before being, examined, shall register his name w ith
the state coal mine inspector, and file w ith him the credentials
required by this act, to w i t : A n affidavit as to all matters o f fa ct
establishing his rights to and qualifications fo r receiving the exam
ination, and a certificate o f good character and temperate habits,
signed by at least ten ( 10 ) o f the citizens w ho know him best in
Fees*
the place in w hich he lives. Each candidate, before receiving the
examination, shall pay to the state coal mine inspector the sum
o f tw o ($ 2 ) dollars as an exam ination fee, and those who pass
the examination fo r w hich they are entered, before receiving their
certificate, shall also pay to the state coal mine inspector the
fu rther sum o f three ($3) dollars each as a certificate fee.. A ll
such fees shall be duly accounted for by the state coal mine in
spector and turned into the state treasurer [sic] at the close o f
the fiscal year.
Sec. 9. ( a ) . A ny person w ho acts in the capacity o f mine foreman, mine exam iner or “ fire boss ” w ithout a certificate o f com
petency as provided fo r in this act, shall be deemed guilty o f any
[an ] offense against this act, and shall be liable to a penalty o f not
exceeding five dollars fo r every day during w hich he shall act in
such cap a city: Provided , however, The state coal mine inspector
shall have the pow er to grant permits to persons to perform the
duty o f mine forem an, mine exam iner or “ fire boss ” as provided
fo r in this act, w ho m ay be employed foy any company, corporation,
association, person or persons engaged in the operating o f any coal
mines in the State o f Montana until such time as the person so
employed has had an opportunity to be exam ined as to his com
petency by the board o f exam iners provided fo r in this act, but
no longer.
LABOR LAW S— M O N TAN A— ACTS OF 1909.
663
(b ) . E very company, corporation, association, person or persons E m p loy in g
operating any coal mine or coal mines in the State o f Montana, u n c e r t i f i e d
who em ploys any uncertified mine foreman, examiner or “ fire loremen> etcboss,” except as provided fo r in section 5 o f this act shall be
deemed guilty o f a misdemeanor and shall be liable to a penalty
not exceeding twenty-five dollars fo r every day w hich they so
employ such uncertified mine foreman, mine examiner or “ fire
boss ” : P ro vid ed , That in cases o f emergency 'any competent man
may be employed and act as a tem porary mine foreman, exam
iner or fire boss until a certificate or permit can be obtained, not
to exceed a period o f 30 days, w ithout violating this act or incur
ring any o f its penalties.
Approved M arch 4, 1909.
C hapter 70.— B u rea u o f agriculture , labor and in d u stry .
S ection 1. The commissioner o f the bureau o f agriculture, labor
and industry shall prepare reports from the data, cuts and statis
tics on file in his office or submitted to him as hereinafter pro
vided. Such reports shall furnish reliable inform ation upon one
or m ore o f the follow ing topics, to-w it:
Upon the agricultural, commercial, mining, manufacturing, labor
or other industrial resources o f the State, or upon the educational
and social interests or sanitary conditions o f the people o f the
State.
* * * The commissioner shall open correspondence w ith bu
reaus o f emigration, boards o f trade and other organizations in
the United States w ho are w illing to assist in dissem inating in for
m ation in regard to the climate, productive, commercial, indus
trial and labor resources o f Montana. * * *
S ec. 9. The bureau o f agriculture, labor and industry shall not
be used by any country, society, association, person or corpora
tion to aid or further the im portation o f alien labor or laborers
o f any kind to w ork during industrial disputes between employer
and employee, and nothing in this act shall be construed to per
mit, encourage or allow the im portation o f any laborers or em
ployees under contract at any time.
Approved March 4, 1909.
Reports,
Alien labor,
C hapter 75.— H o u r s o f labor o f telephone op era tors .
Section 1. On all lines o f public telephones, operated in w hole Nine hours a
or in part within this State, it shall hereafter be unlaw ful fo r day’s labor,
any owner, lessee, company or corporation to hire or employ any
operator or operators, other person or persons to run or operate
a telephone board or boards fo r m ore than nine ( 9 ) hours, in
tw enty-four hours in cities or tow ns having a population o f 3,000
inhabitants, or o v e r: P ro vid ed , h o w ever, That the provisions o f
this act shall not apply to any person or persons, operator or
operators, operating any telephone board or boards more than
nine (9 ) hours in each tw enty-four fo r the purpose o f relieving
another em ployee in case o f sickness or other unforseen cause
or causes.
S ec. 2. A n y owner, lessee, company or corporation, w ho shall Violations,
violate any o f the provisions o f this act shall upon conviction
be punished by a fine o f not less than one hundred ($ 100) dollars
nor m ore than five hundred ($500) dollars, and each and every
day that such owner, lessee, company or corporation, may con
tinue to violate any o f the provisions o f this act, shall be con
sidered a separate and distinct offence and shall be punished as
such.
Approved March 4, 1909.
664
BU LLETIN OF THE BUBEAU OF LABOB.
C h a p t er 95.— Railroads— Medical
aid for injured employees.
Nearest phyS ection 1. In cases o f injuries to or received by any railroad
summonedf be trainmen or employee o f any railroad doing business in this State,
w hich said injuries shall have been received during the regular
course o f em ploym ent o f said railroad trainmen or employee, any
one o f said railroad trainmen or employee shall have the right,
and is hereby empowered and given authority to call upon and
retain the services o f the nearest practicing physician or surgeon
to care fo r and treat any such injured trainman or employee,
during and until such time as one o f the regularly employed and
paid physician or surgeon o f such railroad corporation can and
is able to treat and care for said railroad trainmen or employee.
Fee.
S ec . 2. In cases where the services o f any physician or surgeon
other than the regularly employed physician or surgeon o f the
railroad corporation are retained and hired as provided in section
1, o f this act, such physician or surgeon shall be compensated
and paid a reasonable fee for such services perform ed by him as
provided in section 1 o f this act.
Railroad t o
S ec . 3. I f any railroad corporation refuses or neglects to pay
abJe thneeaS°n' **or
services o f any such physician as hereinbefore provided
for within a reasonable tim e after such physician and surgeon
has rendered the services therefor, such railroad corporation shall
be guilty o f a misdemeanor.
Approved M arch 6, 1909.
C h a p t e r 97.— Antitrust
law—Labor organizations exempt.
Exemption of
ments6
S ection 2. The provisions o f this act [forbidding monopolies
agiee' and contracts in restraint o f trade] do not apply to any arrange
ments, agreement, or com bination between laborers, made w ith
the object o f lessening the number o f hours o f labor or increasing
wages.
Approved M arch 6, 1909.
C h a p t e r 107.— Protection
of employees on buildings.
S ection 1. A ll scaffolds erected in this State fo r the use in
the erection, repair, alteration or rem oval o f buildings, shall be
w ell and safely supported, and [o f] sufficient width, and properly
secured, so as to insure the safety o f persons w orking thereon
or passing thereunder, or by the same, and to prevent the falling
thereof, or o f any m aterial that may be used, placed or deposited
thereon.
Prote c t i v e
S ec . 2. It shall be the duty o f every owner, person or corfloors*
poration w ho shall have the direct and im mediate supervision
or control o f the construction or rem odeling o f any building hav
ing m ore than three fram ed floors, w hether som e or all o f said
floors are above or below the established street grade, to pro
vide and lay upon the upper side o f the joists or girders, or
both, o f the first floor below the riveters and structural street
[sic] setters, a plank floor, w hich shall be laid to form a good sub
stantial tem porary floor fo r the protection o f employees and all
persons engaged above or below or on such tem porary floor in
such b u ildin g: Provided , however, That where the permanent
floor is in place on the floor herein required to be planked, a
tem porary protective floor, shall n ot be required.
I f the floor or permanent floor o f the second floor, or o f any
other floor above the second, or roof, is being placed previous
to the permanent floor im m ediately below the floor w hich is
being arched or planked, a good substantial tem porary floor shall
be laid on the joists and girders o f the next low er floor. For
the purpose o f this section the low est fram ed floor in the build
ing shall be considered the first floor.
Scaffolds.
Shields.
Sec. 3. In buildings more than three stories high where per
sons are wrorking on a scaffold or scaffolds on the outside of such
LABOR LAW S---- M ONTANA— ACTS OF 1909,
665
buildings, such persons shall be protected by well secured plank
ing set over the heads o f such persons fo r the fu ll w idth o f the
scaffolding on w hich they are working if another story or stories
are being raised above such persons during the time they are
w orking on such outside scaffold or scaffolding.
Sec. 4. It shall be the duty o f all owners, contractors, builders,
Stairw a y s ,
or persons having the direct and immediate control or supervision la r d e d t o be
o f any buildings in course o f erection w hich shall be more than s
thirty feet high, to see that all stairways, elevator openings, flues
and all other openings in the floors shall be covered or properly
p io te cte d : Provided further , That wherever such building or build
ings over three stories high are being erected in any city or town,
other than a residence, tem porary toilets in or convenient to such
building shall be maintained fo r the convenience o f employees.
S ec. 5. A ny person violating any o f the provisions o f the fore
going sections shall be fined not less than one hundred dollars nor Violations.
more than tw o hundred dollars fo r each offense. It is hereby Enforcement.
made the duty o f the building inspector, his deputy or other au
thorities in any county, city, town or village in the State, through
the county attorney or any other attorney, in case o f failure o f
such owner, person or corporation to com ply w ith this act
promptly, to take the necessary steps to enforce the provisions o f
this act.
Approved M arch 6, 1909.
C hapter 136.— Safety
appliances on railroads—Inspection.
Section 1. The railroad commission o f the State o f Montana
Equipment
shall have fu ll authority to, after notice and hearing, make and may be ordered,
enforce rules and regulations providing for the installation on
and equipment of, trains, cars or engines, with safety appliances
and shall have authority to inspect the same and enforce regula
tions w ith regard thereto[,] such inspection[,] rules and regula
tions to be from time to time coextensive w ith the requirements
of, and in conform ity to, the provisions o f the acts o f Congress
and rules and regulations o f the Interstate Commerce Commission
as then effective.
S ec. 2. The railroad commission o f the State o f Montana shall
Inspection,
have the pow er and authority to examine and inspect all brakes
and brake equipment and, to, after notice and hearing, make and
enforce reasonable rules and regulations with respect to the ex
amination, inspection and repair thereof, w ith a view o f deter
mining the proper measure o f efficiency o f said brakes and brake
equipment. Such rules and regulations to be from time to time
coextensive w ith the requirements of, and in conform ity to the
provisions o f the acts o f Congress and rules and regulations o f
the Interstate Commerce Commission as then effective.
Approved M arch 10, 1909.
N EBRASK A.
AC TS OF 1909.
C hapter 17.— Employment
of labor on public works— Cities of
ilie first and second class.
S ection 123. [This section amends section 123 o f chapter 17,
Acts o f 1903 (Sec. 1394, Comp. Stat. 1907) by adding thereto the
fo llow in g :]
And it shall be the duty o f the city clerk or other person or Union labor,
persons authorized to advertise fo r bids for contracts for c i t y etc.
work to insert these provisions [requiring the employment o f
union labor and a minimum w age o f tw o dollars per day] in said
advertisement.
666
BULLETIN OF TH E BUREAU OF LABOR,
C hapter 68.— In sp ectio n o f fa c to r ies , etc.— M a nu fa ctu re o f fo o d
prod u cts .
Section 1. E very building, room, basement or cellar occupied
or used as a bakery, confectionery, cannery, packing bouse,
slaughterhouse, dairy, creamery, cheese factory, restaurant, hotel,
grocery, m eat market or other place or apartment used fo r the
preparation fo r sale, manufacture, packing, storage, sale, or
distribution o f any food, shall be properly lighted, drained,
plumbed and ventilated and conducted w ith strict regard to the
influence o f such condition upon the health o f the operatives,
employees, clerks or other persons therein employed and the
purity and wholesomeness o f the food therein produced; and fo r
the purpose o f this act the term “ food ” as used herein shall
include all articles used fo r food, drink, confectionery, or condi
ment w hether simple, m ixed or compound and all substances or
ingredients used in the preparation thereof.
Floors, walls,
S ec. 2. The floors, side walls, ceilings, furniture, recepticles
etc.
[receptacles], implements and machinery o f every establishment
or place w here food is manufactured, packed, stored, sold or
distributed, and all cars, trucks and vehicles used in the transpor
tation o f food products, shall at no tim e be kept in an unclean,
unhealthy and unsanitary condition, and fo r the purpose o f this
act, unclean, unhealthful and unsanitary conditions shall be
deemed to exist i f food in the process o f manufacture, prepara
tion, packing, storing, sale, distribution or transportation [trans
portation], is not securely protected from flies, dust, dirt and, as
for [fa r ] as m ay be necessary by all reasonable means from all
other foreign or injurious contam ination; and i f the refuse, dirt
and the w aste products subject to decomposition and ferm entation
incident to the manufacture, preparation, packing, storing, selling,
distributing and transporting o f food, are not rem oved d a ily ;
and i f a ll trucks, trays, boxes, baskets, buckets and other re
ceptacles, chutes, platform s, racks, tables, shelves and all knives,
saws, cleavers and other utensils and m achinery used in moving,
handling, cutting, chopping, mixing, canning and all other
processes are not thoroughly cleaned daily, and i f the clothing o f
operatives, employees, clerks or other persons therein employed is
unclean.
Construction,
S ec . 3. The side w alls and ceilings o f every bakery, confection
painting, etc. ery, creamery, cheese factory, hotel and restaurant kitchen, shall
be brick, cement, plastered, wainseoated [w ainscoted] or ceiled
with metal or lumber, and shall be oil painted or kept w ell limewashed, and all interior w oodw ork in every bakery, confectionery,
creamery, cheese factory, hotel and restaurant kitchen, shall be
kept w ell oiled or painted w ith oil paints or lim e wash and be
kept clean and every building, room, basement, or cellar occupied
or used fo r the preparation, manufacture, packing, storage, sale
or distribution o f food, shall have an impermeable floor made o f
Floors.
cement or tile laid in cement, brick, w ood or other suitable non
absorbent material w hich can be flushed and w ashed clean w ith
water.
S ec. 4. The doors, w indow s and other openings o f every food
Screens.
producing or distributing establishment during the fly season shall
be fitted w ith self-closing screen doors and w ire w indow screens
o f not coarser than 14-mesh w ire gauze.
Toilet rooms,
S ec . 5._ Every building, room, basement or cellar occupied or
etc.
used fo r the preparation, manufacture, packing, canning, sale or
distribution o f food, shall have a convenient toilet or toilet room s
separate and apart from the room or rooms where the process
o f production, manufacture, packing, canning, selling or distribut
ing is conducted. The floors o f such toilet room s shall be o f
cement, tile, wood, brick or other nonabsorbent m aterial and shall
be kept in a thoroughly cleanly and sanitary condition. Such
toilet or toilets shall be furnished w ith separate ventilating flues
or pipes, discharging into soil pipes, on or outside o f the building
in w hich they are situated. Lavoratories [lavatories] and wash
Sanitation.
LABOR LAW S---- NEBRASKA---- ACTS OF 1909,
667
rooms shall be supplied w ith soap, w ater and towels, and shall
be maintained in a sanitary condition. Operatives, employees,
clerks, and all other persons who handle the material from which
food is prepared, or the finished product, before beginning w ork
or after visiting toilet or toilets, shall wash their hands and arms
thoroughly in clean water.
S ec . 6. Cuspidors fo r the use o f operatives, employees, clerks Cuspidors,
or other persons shall be provided whenever necessary, and each
cuspidor shail be thoroughly emptied and washed out daily with
disinfectant solution and five ounces o f such a solution shall be
left in each cuspidor w hile it is in use. No operative, employee,
or other person shall expectorate on the floor or side w alls o f any
building, room, basement, or cellar where the production, manu
facture, packing, storing, preparation, or sale o f any food is
conducted.
S ec . 7. No person or persons shall be allow ed to live or sleep
e p 1n 8
in any room o f a bake shop, kitchen, dining room, confectionery,
creamery, cheese factory, or place where food is prepared, served
or sold.
S ec . 8. No employer shall require, permit or suffer any person
Diseased emto work, nor shall any person w ork in a building, room, basement, Ployees*
cellar, or vehicle occupied or used fo r the production, preparation,
manufacture, packing, storage, sale, distribution and transporta
tion o f food w ho is affected w ith w ith [sic] any veneral [venereal]
disease, sm allpox, diphteria, [diphtheria], scarlet fever, yellow
fever, tuberculosis, or consumption, bubonic plague, A siatic chol
era, leprosy, trachoma, typhoid fever, (epidem ic), epidemic dysen
tery, measles, mumps, German measles, (R othein,) w hooping
cough, chicken pox or any other infectious or contagious disease.
S ec. 9. The state food, drug and dairy inspector or deputy in- Enforcement,
spector or agent o f the said inspector shall have fu ll power at all
times to enter and inspect every building, room, basement, or cel
lar occupied or used for the production for sale, m anufacture fo r
sale, storage, sale, distribution or transportation o f food and all
utensils, fixtures, furniture and machinery used as aforsaid
[aforesa id ], and i f upon inspection any food producing or distrib
uting establishment, conveyance, employer, operative, employee,
clerk, driver or other person is found to be violating any o f the
provisions o f this act, or i f the production, preparation, manu
facture, packing, storing, sale, distribution or transportation o f
food is being conducted in a manenr [m anner] detrimental to
the health o f the employees and operatives and the character or
quality o f the food therein being produced, manufactured, packed,
stored, sold, distributed, or conveyed, the officer or inspector mak
ing the exam ination or inspection shall furnish evidence o f said
violation to the county attorney who shall prosecute all persons
violating any o f the provisions o f this act, or shall report such
conditions and violations to the state food, drug and dairy
inspector, w ho shall issue an order to the person or persons in au
thority at the aforesaid establishment to abate the condition or
violation or make such improvements as may be necessary to abate
them, w ithin the period o f five days or such reasonable time as may
be required in w hich to abate them. Such order shall be in w rit
ing and the person receiving the order shall have the power o f ap
peal from the order and instructions, and may within five days
from the issuance o f the order appear in person or by attorney
before the state food, drug and dairy commissioner to give reason
w hy such order or instruction should not be obeyed.
S ec. 10. Any person who violates any of the provisions of this
act or who refuses to comply with any lawful orders or require
ments of the state food, drug and dairy commissioner duly made
in writing as provided in section 9 of this act, shall be guilty of a
misdemeanor and on conviction shall be punished for the first
offense by a fine o f not less than $10 nor more than $5 0; for the
second offense by a fine o f not less than $50 nor more than $100 and
for the third and subsequent offense b j a fine o f $200 and impris-
Violations,
668
B U LLETIN OF TH E BUREAU OF LABOR.
onment in the county ja il fo r not less than 30 days nor more than
90 days and each day after the expiration o f the time lim it for
abating unsanitary conditions and com pleting improvements to
abate such conditions as ordered by the state food commissioner
shall constitute a distinct and separate offense.
Approved A pril 3, 1909.
C h a p t e r 98.— Railroads— Crews
for trains.
F u l l crew
S ection 1. It shall be unlaw ful for any railroad com pany doing
required
business in the State o f Nebraska, to operate or run over its road
or any part thereof, or suffer or permit to be run over its road or
On passenger, any part thereof, outside o f the yard limits, any passenger, mail or
etc., tram s ;
express train carrying passengers, whose regular equipment con
sists o f more than five cars, with a crew, consisting o f less than
one engineer, one fireman, one conductor, one brakeman and one
flagm an : And further provided, That passenger trains whose regu
la r equipment consists o f five cars or less, may be operated w ith a
crew consisting o f one engineer, one fireman, one conductor and
one brakeman or flagman.
On f r e i g h t
Sec. 2. It shall be unlaw ful for any railroad com pany doing
trains.
business in the State o f Nebraska, to operate or run over its road,
or any part thereof to to [sic] suffer or permit to be operated or
run over its road, or any part thereof, outside o f yard lim its any
freigh t train w hich is not manned w ith a crew consisting o f one
engineer, one fireman, one conductor and tw o brakem en: Provided,
T h at main line local freight trains running one hudred miles or
m ore and carrying passengers, local merchandise and doing station
sw itching shall be provided w ith a crew consisting o f one con
ductor, one engineer, one fireman and three brakemen.
Exceptions.
Sec. 3. Nothing in this act shall be held as applying to any case
o f disaster or disability o f any member or members o f the crew,
arising w hile out on the road between division terminals, or to
relief trains, or to w recking trains, w here men are not available.
Violations.
S ec. 4. The officers or agents o f any railroad com pany doing
business in the State o f Nebraska w ho shall send out on its road,
or cause or suffer or permit to be sent out on its road or any part
thereof, outside o f the yard limits, any passenger or freigh t train
w hich is not manned in accordance w ith the provisions o f sections
one, tw o and three o f this act shall be guilty o f a misdemeanor
and upon conviction thereof shall be fined not less than one hun
dred dollars ($100) nor m ore than one thousand dollars ($1,000),
fo r each offense, and shall stand com m itted until such fine and
costs are paid, and any railroad company in the State o f Ne
braska whose officer or officers, agent or agents or any servant or
servants, shall be found guilty o f such misdemeanor, shall be liable
fo r any damages caused by the violation o f the provisions o f
this act.
Enforcement.
S ec. 5. It shall be the duty o f the railroad com m issioners o f the
State o f Nebraska to enforce the provisions o f this act, and all
powers heretofore granted to said commission are hereby extended
to it, fo r the purpose o f the enforcem ent o f this act.
Approved M arch 31st, 1909.
C h a p t er 164.— Protection
of employees as voters.
Threatening
S ection 1. It shall be unlaw ful fo r any person or .persons, firm,
close haf Sb °i com pany or corporation employing any voter in the State o f Neness. °
usl"braska to coerce or in any w ay attempt to cocerce [coerce] such
voter in his voting or any other political action at any primary,
caucus, convention or election held or to be held in this State or
to attem pt to influence the political action o f such voter by
threatening to discharge him because o f his political action or by
threats on the part o f such person or persons, firm, company or
corporation to close his or its i>lace o f business in the event o f the
election o f any candidate fo r public office or in the event o f the
success o f any political party at any election.
LABOR LA W S---- NEBRA SK A-----ACTS OF 1909,
Sec. 2. Any person or persons, firm, com pany or corporation
in this State ^pund guilty o f a violation o f this act shall be fined
not more than one hundred dollars ($100) or be im prisoned not
to exceed thirty days in the county jail.
Approved M arch 29th, 1909.
669
Violations.
NEVADA.
AC TS OF 1909.
Chapter 25.— Employment
of labor— Charging or receiving fees.
Section 1. It shall be unlaw ful for any person or persons, firm,
Em plo y e r s
company, association or corporation, either as principal or agent, not to charge
fees.
to charge, or receive, or demand, or attempt to charge, or receive
or demand, any money or other thing o f value, from any person
or persons whosoever, upon the prom ise o f hiring or retaining
such person or persons in any employment whatsoever, or by
threatening to discharge such person or persons from any such
employment, whether or not such person or persons, firm, company,
association or corporation, either as principal or agent, may have
the right or authority to employ, or retain, or discharge such
person or persons, in, or from any such employment whatsoever.
S ec. 2. A ny person or persons convicted o f the violation o f V iolations.
any o f the provisions o f the above act [section] shall be punished
by imprisonment in the state prison fo r a term o f not less than one
year nor m ore than three years.
Sec. 3. This act shall not apply to any duly and regularly li Exemption.
censed intelligence office for the employment o f persons.
Approved February 18, 1909.
Chapter 44.— Hours
of labor of employees in plaster and cement
mills .
E ight hours
Section 1. The period o f employment o f all persons engaged
or employed i n ' any mill or other institution wherein plaster a day's labor.
or cement is m anufactured shall not exceed eight hours in any
tw enty-four hours except in cases o f emergency where life is
in imminent danger, or the product o f such m ill or institution
liable to loss or damage by delay in treatment.
Sec. 2. A n y person who violates any provision o f this act, or V iolations.
any person, persons, corporation, employer or agent who hires,
contracts w ith or causes any person to be engaged or employed
in any m ill or other institution w here plaster or cement is manu
factured, fo r a period o f time longer than eight hours in any
tw enty-four hours except in cases where life is in imminent
danger or the product o f such m ill or institution liable to loss
or damage by delay in treatment, shall be guilty o f a misde
meanor and upon conviction thereof sh all,be punished by a fine
o f not less than one hundred dollars nor more than five hundred
dollars, or by imprisonment in the county ja il fo r not m ore than
six months, or by both such fine and imprisonment.
Approved M arch 3, 1909.
C hapter 64.— Hours
of labor of employees in open-pit and opencut mines.
Section 1. The period o f employment o f w orking men in open- E ight hours
pit and open-cut mines shall not exceed eight (8 ) hours in any a day’s labor.
tw enty-four (24) hours, except in cases o f emergency where
life or property is in imminent danger.
Sec. 2. Any person w ho violates any provisions o f section one
Violations.
o f this act, or any person, persons, corporation, employer, or his
agent, who hires, contracts with, or causes any person to labor
in any open-pit or open-cut mines, fo r a period o f time longer
than eight (8 ) hours w ithin any twenty-four (24) hours, except
670
BULLETIN" OF T H E BU REA U OF LABOR.
in cases o f emergency w here life or property is in imminent
danger, shall be guilty o f a misdemeanor, and upon conviction
thereof shall be punished by a fine o f not less than one hundred
dollars ($100) nor more than five hundred dollars ($500), or
by imprisonment in the county ja il fo r not m ore than six months,
or by both such fine and imprisonment.
Approved March 5, 1909.
C hapter
Full c r e w
req u ired .
C rew .
E x p e r ie n c e d
flagm an.
V io la tio n s .
74.—Railroad
trains— Crews.
S e c t i o n 1. It shall be unlaw ful fo r any person, firm, company
or corporation, engaged in the business o f common carrier, operat
ing freight and passenger trains or either o f them, within or
through the State o f Nevada, to run or operate, or perm it or cause
to be run or operated, within or through this State, along or over
its road or tracks other than along or over the roads or tracks
w ithin yard limits, any freight or passenger train o f m ore than
fifty freight, passenger or other cars, exclusive o f caboose and en
gine, w ith less than a fu ll train crew consisting o f not’ less than
six persons, to w i t : One conductor, one engineer, one fireman, tw o
brakeman [brakem en], and one flagman.
Sec. 2. The flagman mentioned in section 1 o f this act shall
have had at least one year’ s actual experience in train service.
Sec. 4. Any person, firm, company, or corporation, engaged in
the business o f common carrier, violating any o f the provisions o f
this act, shall be deemed guilty o f a misdemeanor and upon con
viction thereof, shall be fined not less than one hundred dollars
nor more than five hundred dollars.
Approved March 8, 1909.
C h apter
130.—Employment
S ch o o l a tte n d S e c t i o n 1. Each
a n ce req u ired . 0 f Nevada, having
of children— School attendance.
parent, guardian, or other person, in the State
control or charge o f any child between the ages
o f eight and sixteen years shall be required to send such child to a
public school during the time in w hich a public school shall be in
session in the school district in w hich said child resid es; but such
attendance shall be ex cu sed :
M a y b e ex (1 ) W hen satisfactory evidence is presented to the board o f
cu sed , w h en .
trustees o f the school district in w hich such child resides, that
the child’s bodily or mental condition is such as to prevent or
render inadvisable attendance at school, or application to study.
A certificate from any reputable physician that the child is not
able to attend school, or that its attendance is inadvisable, must
be taken as satisfactory evidence by any such b o a rd ;
(2 ) W hen the child has already completed the eight grades o f
the prescribed gram m ar-school course;
(3 ) When satisfactory evidence is presented to the board o f
trustees that the child is being taught in a private school, or by a
private tutor, or at home, by any person capable o f teaching in
such branches as are usually taught in the prim ary and grammar
schools o f this S tate;
(4 ) When satisfactory evidence is presented to the board o f
trustees that the child’s labor is necessary fo r its own or its
parent’s support;
(5 ) When the district superintendent shall determine that the
child’s residence is located at such distance from the public school
as to render attendance im practicable or unsafe.
Emp l o y i n g
Sec. 7. A ny person w ho induces or attempts to induce any child
fawdf u l l v Uab
a^sent unlaw fully from school, or who knowingly employs or
sent.
y
harbors w hile school is in session any child absent unlaw fully
from school, shall be deemed guilty o f a misdemeanor, and on con
viction shall be punished by a fine o f not more than fifty dollars
or by im prisonment o f not m ore than twenty-five days, or by both
such fine and imprisonment. The attendance officer or any other
school officer is hereby empowered to visit any place or establish-
671
LABOB LAW S— NEVADA— ACTS OF 1909,
ment w here minor children are employed to ascertain whether the
provisions o f this law are duly complied with, and may demand
from all employers o f such children a list o f children employed,
w ith their names and ages.
Approved March 20, 1909.
C h a p t e r 176.—Inspector
of coal mines.
S e c t i o n 1. The office o f “ inspector o f mines ” for the State o f
Nevada is hereby created.
Sec. 2. The inspector o f mines shall receive as fu ll compensation
fo r his services a salary o f thirty-six hundred dollars ($3,600)
per annum and his necessary traveling expenses when traveling
in the discharge o f his official duties, not to exceed eighteen hun
dred ($1,800) dollars per annum, and all necessary expenses fo r
clerk hire, postage, stationery, printing and other office expenses,
not to exceed twelve hundred ($1,200) dollars per annum ; and
such compensation and expenses shall be paid as the salary and
expenses o f other state officers are paid. H e shall hold his office
fo r the term o f tw o years, or until his successor is selected and
qualified. B efore entering upon the discharge o f his duties, as
such inspector o f mines, he shall file an official bond in the sum o f
ten thousand ($10,000) dollars, conditioned fo r the faith fu l per
form ance o f the duties o f his office, in form and manner as other
official bonds o f state officers.
S ec. 3. The inspector o f mines shall not at the tim e o f his ap
pointment, or at any time during the term o f his office, be an
officer, director or employee in or o f any mining corporation in
this State, or in or o f any m illing corporation in the State engaged
in the business o f smelting or reducing ores, and each inspector
and deputies shall, and each o f them, have had at least seven
years’ actual experience in underground workings, and shall make
his affidavit before a proper officer to that effect before he shall
be qualified to act as such inspector, or deputy inspector, as herein
provided. And such inspector shall devote his w hole time to the
duties o f his office, and shall take and subscribe to the follow ing
oath :
State of Nevada, County o f ---------- , ss.
I , ---------- , o f ---------- County, do solemnly swear that I w ill per
form each and every duty required o f me as inspector o f mines
fo r the State o f N evada; that I w ill at all times w hile acting in
my official capacity fulfill the duties o f such office according to the
law and to the best o f my skill and understanding; that I w ill
never at any time w hile holding the office o f inspector o f mines
disclose to anyone, directly or indirectly, under any circum stances
any inform ation relative to ore bodies, shoots or deposits o f ore or
the location, course or character o f underground workings, or give
my opinion founded on any examination made in the perform ance
o f my official duties relative to the value o f any mine or mining
property, unless by permission o f the person or persons in charge
o f the same. To all o f w hich I pledge my sacred honor. So help
m e God.
Nothing in said oath, however, shall be construed to prevent
such mining inspector from making fu ll and complete statistical
reports as required by lav/.
Sec. 4. It shall be the duty o f the inspector o f mines at least
once a year, to visit in person each mining county in the State
o f Nevada and exam ine all such mines therein as, in his judgment,
may require the exam ination for the purpose o f determining the
condition o f such mines as to safety, and to collect inform ation
and statistics relative to mines and mining and the mineral re
sources o f the State, and to collect, arrange and classify mineral
and geological specimens found in this State and to forw ard the
same to the State school o f mines, and it shall be the duty o f the
inspector o f mines to establish a uniform code o f signals.
Office
ated.
ere*
C om pen sa
t i o n , duties,
etc.
T o have no
other business.
Oath.
Inspections.
672
B U L L E T IN OF T H E BU REA U OF LABOR.
May e n t e r
Sec. 5. Said state inspector shall have fu ll power and authority
a t all hours, to enter and exam ine any and all mines in this State,
and shall have the right to enter into any and all mine stopes,
levels, winzes, tunnels, shafts, drifts, crosscuts, workings and
machinery fo r the purpose o f such exam in a tion ; and the owner,
lessor, lessee, agent, manager or other person in charge o f such
mine or mines shall render the inspector such assistance as
may be required by the inspector to enable him to make a full,
thorough and com plete exam ination o f each and every part o f such
mine or m ines; and whenever, as the result o f the examination
o f any mine (w hether such exam ination is made in consequence
o f a complaint, as hereinafter provided, or oth erw ise), the in
spector shall find the same to be in an unsafe condition, he shall
Notice of de- at once serve, or cause to be served, a written notice upon the
fectsowner, lessor, lessee, agent, manager, or other person in charge
o f such mine, stating in detail in w hat particular or particulars
the mine is dangerous or insecure, and shall require all necessary
changes to be made, w ithout delay, fo r the purpose o f making said
mine safe fo r the employees therein. Upon the neglect or refusal
o f any owner, lessor, lessee, agent, manager, or other person in
charge so notified to com ply w ith the requirem ents stated in such
notice so served, such owner, lessor, lessee, agent, manager, or
other person in charge o f such mine shall be deemed guilty o f a
misdemeanor, and is punishable by a fine o f not more than five
hundred d ollars; and each day’s continuance o f such neglect
or refusal shall be a separate offen se; and in case o f any crim inal
or civil proceedings at law against the party or parties so notified,
on account o f the loss o f life or bodily in ju ry sustained by any
employee subsequent to the service o f such notice, and in conse
quence o f a neglect or refusal to obey the inspector’s requirements,
a certified copy o f the notice served by the inspector shall be prima
facie evidence o f the culpable negligence o f the party or parties
so notified.
Records.
S ec. 6. The inspector o f mines shall be provided w ith a properly
furnished office at the statehouse in Carson City, Nevada, in which
he shall carefully keep a complete record o f all mines examined,
showing the date o f examination, the conditions in w hich the
mines w ere found, the manner and method o f w orking, the extent
to w hich the laws are obeyed, and w hat recommendations, if any,
were ordered by the inspector. It is hereby made the duty o f the
owner, lessor, lessee, agent, manager or other person in charge
o f each and every mine, o f w hatever kind or character, within the
State, to forw a rd to the inspector o f mines, at his office, not later
R e p o r t s of than the first day o f June in each year, a detailed report showing
operators.
the character o f the mine, the number o f men then employed and
the estimated maximum number o f men to be employed therein
during the ensuing year, the method o f w orking such mine and
the general condition thereof, and such owner, lessor, lessee, agent,
manager or other person in charge o f any mine w ithin the State
must furnish w hatever inform ation relative to such mine as the
inspector o f mines may from time to time require fo r his guidance
in the proper discharge o f his official duties.
Complaints.
Sec. 7. W henever the inspector o f mines shall receive a form al
com plaint in writing, signed by one or m ore persons, setting forth
that the mine in w hich he is employed is dangerous in any
respect, he shall, in person, visit and exam ine such m ine: Pro
vided, Every such form al com plaint shall in all cases specifically
set forth the nature o f the danger existing at the mine, and shall
describe w ith as much certainty as possible the conditions ren
dering such m ine dangerous, and shall set forth the tim e when
such danger w as first observed, and shall distinctly set forth
whether or not any notice o f such defect or danger has been
given by the complainants or any one else to their knowledge to
the superintendent or other person in charge o f such mine, and
i f no such com plaint has been made to such superintendent or
other person in charge, the reason w hy it has not been made.
mines.
LABOR LAW S---- NEVADA-----ACTS OF 1909.
673
A fter such com plaint shall have been received by the inspector o f
mines, it shall be the duty o f such inspector to serve a certified
copy thereof, upon the owner, lessor, lessee, agent, manager, or
other person in charge, and, as soon as possible, after receiving
such complaint, to visit and examine such m ine; and if from such
exam ination he shall find such com plaint to be just, he shall give
notice in w riting o f the danger existing, to the owner, lessor,
lessee, agent, manager, or other person in charge thereof, and in
such notice may, in his discretion, order such mine or workings
in w hich danger exists, closed until danger has been removed.
The names o f the complainants complaining as in this section pro
vided, shall not, under any circumstances, be divulged to any
person by said inspector except such action be necessary in the
administration o f ju stice in the courts o f the State.
Sec. 8. It shall be the duty o f the inspector o f mines upon the Prosecutions.
neglect or refusal o f any owner, lessor, lessee, agent, manager, or
other person in charge o f any mine or working, notified o f the
unsafe or dangerous condition o f his mine, prom ptly to comply
w ith the requirements o f the notice served upon him, to at once
n otify the attorney-general o f such neglect or refusal, and the
attorney-general or the district attorney o f the county in which
said mine is situated, at the instigation o f the attorney-general,
must thereupon immediately commence action in the name o f the
State against the party so notified fo r the enforcement o f the
penalty mentioned in section five, in any court o f competent
jurisdiction. And it shall be the duty o f the inspector o f mines
upon the neglect or refusal o f any owner, lessor, lessee, agent,
manager, or other person in charge o f any mine or working, noti
fied o f the unsafe or dangerous condition o f his mine, prom ptly to
com ply w ith the requirements o f the notice served upon him, to at
once n otify the attorney-general o f such neglect or refusal, and
the attorney-general must thereupon immediately commence ac
tion in the name o f the State against the party so notified fo r the
recovery o f the penalty mentioned in section five, in any court o f
competent jurisdiction, and the am ount so recovered shall be paid
into the general school fund o f the State and constitute a part
thereof.
Sec. 9. The inspector of mines shall appoint a deputy inspector Deputy.
who shall receive a salary not to exceed two hundred dollars per
month as full compensation for all services, and traveling ex
penses while in the discharge of his duty.
Sec. 10. W henever a serious or fatal accident shall occur in any Accidents to
mine in the State o f Nevada, it shall be the duty o f the owner, fee reported.
lessor, lessee, agent, manager or other person in charge thereof
im mediately and by the quickest means, to n otify the inspector o f
mines, or his deputy, as may be most convenient, o f such a ccid en t;
and the inspector or his deputy, or both, shall at once repair to
the place o f accident and investigate fu lly the cause o f such acci
d en t; and the inspector, or his deputy, shall be present at any
coroner’s inquest held over the remains o f any person or persons
killed in any such accident, and shall have power at such inquest
to examine and cross-exam ine witnesses, and may have process
to compel the attendance o f necessary witnesses at such inquest.
I f the inspector or deputy inspector can not be immediately present
in case o f a fatal or serious accident occurring, it shall be the
duty o f the owner, lessor, lessee, agent, manager, or person in
charge o f the mine in which such accident has occurred, to have
statements made and verified by those witnessing such acciden t;
in case o f no persons being present at the time o f the accident,
then the statement o f those first present thereafter shall be taken,
w hich statement shall be verified, and such verified statements
shall be placed in the hands o f the inspector, or deputy inspector,
upon the demand o f such officer. W henever any deputy inspector
is present at any coroner’s inquest and assists in the examination,
he shall, at the conclusion thereof, at once prepare and forw ard
to the inspector a fu ll and detailed report o f the accident, giving
all inform ation obtainable regarding the same.
674
B U L L E T IN OF T H E BU REA U OF LABOR.
Sec. 11. The inspector o f mines shall, on the first Monday o f
Decem ber o f each year, file w ith the governor o f the State a
printed report g ivin g:
First.— A list o f all accidents that have occurred during the
year, the nature and cause o f the same, together w ith the persons
killed and injured.
Second.— The number o f mines visited or examined fiuring the
year, the number o f mines in operation, and the number o f mines
idle, the number o f men employed, the wages paid and the nation
ality o f the employees.
Third.— The name and location o f each mine in the State w hich
has been examined and from w hich the inspector has received a
report as provided in section six o f this act, and all data possible
in regard to the manner o f w orking the same, whether by shaft,
tunnel, incline, or otherw ise; the condition o f the hoisting ma
chinery, boilers, whims, engines, cars, buckets, ropes and chains
used in the m ines; also the appliances used fo r the extinguishing
o f fires; the manner and method o f w orking and timbering the
shafts, drifts, inclines, stopes, winzes, tunnels and upraises
through w hich persons pass to and fro w hile engaged in their
daily la b or; the character o f the exits from the mine, and the
methods o f ventilation and the system o f signals used in the
mine.
Fourth.— The number and character o f notices served, together
with suggestions and recommendations m a d e; the manner in
which such suggestions and recommendations w ere com plied with.
F ifth.— The number o f complaints received and the actions
therein.
Sixth.— The number o f prosecutions fo r neglect or refusal to
comply w ith notices.
Seventh.— A summary o f the reports received from mine owners
and deputy inspector.
Eighth.— A fu ll statement containing all available statistical and
other inform ation calculated to exhibit the mineral resources o f
the State and to promote the development o f the same.
Ninth.— Generally, such other inform ation and suggestions as
may be deemed advisable.
Exemptions.
Sec. 12. This act shall not apply to any mine w hich is worked
exclusively by the owners, or lessees o f the owners, and where no
men are employed w orking in said mine fo r wages.
Approved M arch 24, 1909.
Annual
re-
ports.
N E W H A M P S H IR E .
A C TS OF 1909.
Chapter 134.— Payment
of wages— Weekly pay day.
Section 1. Section 21, chapter 180 o f the Public Statutes hereby
is amended * * * so that said section when amended shall
W h o to pay read, as fo llo w s :
Sec. 21. Every manufacturing, mining, quarrywages weekly.
stonecutting, mercantile, railroad, telegraph, telephone, ex
press, aqueduct, and municipal corporation em ploying more than
ten persons at one time shall pay the wages earned each week by
their employees w ho w ork by the day or week w ithin eight days
after the expiration o f the week, or upon demand after that time.
Every such corporation shall post a notice in a conspicuous place
in its office that it w ill pay its employees’ wages as above, and
shall keep the same so posted.
Approved A pril 9, 1909.
Chapter 164.— Fire
escapes on factories, etc.
Section 1. Am end section 1 o f chapter 137 o f the session laws
o f 1907 by striking out all o f said section and inserting in place
Fire escapes thereof the fo llo w in g : Section 1. No building three or more
required.
stories in height, any part o f w hich is used or occupied above the
second story as a * * * factory shall be let, leased or occupied
fo r such purposes unless provided w ith a steel or wrought-iron
675
LABOR LAW S— N E W HAM PSHIRE— ACTS OF 1909,
ladder or stairw ay fire escape attached to the outer w all and w ith
platform s o f like material o f such size, shape and nearness to one
or m ore w indow s o f each story above the first or ground floor as
to render access thereto easy and safe. I f said building be o f
a length greater than one hundred and fifty feet it shall be pro
vided w ith one additional such fire escape fo r every additional one
hundred and fifty feet or fractional part th e r e o f: Provided, That
any other metal fire escape may be so attached i f approved by the
building inspector, ch ief o f the fire department or board o f select
men. The provisions o f this section shall not apply to any such
fa ctory building w hich shall be adequately equipped w ith fire
p roof stairways, or other means o f exit, duly approved in w riting
by said officers.
S ec . 2. Amend section 2 o f said act * * * so that said section as amended shall read: Section 2. Such fire escapes shall
reach w ithin eight feet o f the ground and the location o f the
exits thereto shall be designated by red lights during such hours
o f the night as the building is occupied fo r the purposes desig
nated in section 1 o f this act.
S ec . 3. Am end section 3 o f said chapter * * * so that said
section as amended shall read : Section 3. I f any person shall
violate any o f the provisions o f this act, he shall be fined not ex
ceeding five hundred dollars or im prisoned not exceeding six
months, or both, and it shall be the duty o f said officers to en
force the provisions o f this act.
Approved A pril 9, 1909.
Construction,
Exits,
violations-
N E W JE R SE Y.
ACTS OF 1908.
C h a p t e r 25.— Arbitration
of labor disputes.
S ection 1. The act entitled “ An act to provide fo r the am icable
adjustm ent o f grievances and disputes that may arise between
employers and employees, and to authorize the creation o f a state
board o f arbitration,” approved M arch twenty-fourth, one thou
sand eight hundred and ninety-two, and all acts am endatory
th ereof and supplementary thereto, be and the same .are hereby
repealed.
Approved M arch 25, 1908.
C h a p t e r 156.— Civil
Repeal,
service—Labor class.
S ection 16. The labor class shall include ordinary unskilled
Unskilled lalaborers. Vacancies in the labor class shall be filled by appoint- borers,
ment from lists o f applicants registered in their respective locali
ties by the civil service commission. Preference in employment
from such lists shall be given according to the date o f application.
There shall be separate lists o f applicants fo r different kinds o f
labor or employments, and the said commission may establish
separate labor lists fo r various localities, institutions and depart
ments. The said commission shall require an applicant fo r regis
tration fo r the labor service before he can be registered to furnish
evidence or to pass such examinations as they may deem proper
w ith respect to his age, residence, physical condition, ability to
labor, sobriety, industry, capacity and experience in the trade
or employment fo r w hich he applies.
Approved A pril 10, 1908.
C h a p t er 273.— Factory
inspectors—Female inspector.
S ection 1. In addition to the inspectors provided by the act to Additional inw hich this is a supplement, and the amendments and supplements spectors.
thereto, the governor shall, im mediately after the passage o f this
20092— No. 85— 10------ 15
'
€76
BULLETIN OF TH E BUREAU OF LABOR,
act, appoint tw o suitable persons as inspectors, one o f whom shall
be a woman, whose salary, powers and duties and term o f office,
shall be the same as the inspectors already provided for.
A pproved A pril 14, 1908*
C h a p t e r 284.— Bribery
of employees.
Bribery, etc.,
S ection 1. W hoever gives, offers or promises to an agent, emprohibited.
ployee or servant, any g ift or gratuity whatever, w ithout the
knowledge and consent o f the principal, employer or master o f
such agent, employee or servant, w ith intent to influence his action
in relation to his principal’s, em ployer’s or master’ s business; or
an agent, employee or servant who, w ithout the knowledge and
consent o f his principal, employer or master, requests or accepts
a g ift o r gratuity or a promise to make a gift, or to do an act
beneficial to himself, under an agreement, or w ith an understand
ing that he shall act in any particular manner to his principal’s,
employer’ s or master’s bu siness; or an agent, em ployee or servant
who, being authorized to procure materials, supplies or other
articles, either by purchase or contract fo r his principal, employer
or master, or to employ service or labor fo r his principal, em
ployer or master, receives directly or indirectly, fo r him self or fo r
another, a commission, discount or bonus from the person who
makes such sale or contract, or furnishes such materials, sup
plies or other articles, or from a person w ho renders such service
or labor, and any person w ho gives or offers such an agent,
employee or servant such commission, discount or bonus shall be
guilty o f a misdemeanor.
Approved A pril 15, 1908.
ACTS OF 1909.
C h a p t er 59.— Payment
To
whom
of wages due deceased employees.
S ection 1. It shall be law fu l fo r any em ployer in this State at
wages may be any time not less than thirty days after the death o f the employee,
paid*
to pay all wages due to such deceased em ployee to the w ife, child
or children, father or mother, sister or brother (preference being
given in the order nam ed) o f the deceased employee, w ithout re
quiring letters o f adm inistration to be issued upon the estate o f
said deceased employee, where such w ages do not exceed seventyfive dollars in a m ou n t: Provided , however, That i f such deceased
employee shall not leave a w ife, child or children, father, mother,
sister or brother surviving him, then it shall he law fu l fo r said
em ployer to pay the w ages due such deceased employee, first, to
the undertaker fo r h is services such sum as shall be due him,
and second, the residue, i f any, \o physician, boarding-house keeper
Effect.
and nurse, pro rata, upon a bill furnished duly verified by affidavit.
S ec. 2. The payment o f such wages shall be a full discharge and
release to the employer from the wages so due and paid.
Approved April 7, 1909.
C h a p t er 83.— Liability
injuries
of employers for injuries to employees.
S ection 1. W here, after this act takes effect, personal in ju ry
or death results to an employee w ho is him self in the exercise o f
reasonable care at the tim e :
Defective maI. By reason o f any defect in the condition o f the place, ways,
chinery ;
works, machinery or plant connected w ith or used in the business o f the employer, w hich arose from , or had not been discovered or
remedied, ow ing to the negligence o f the employer or o f any per
son in the service o f the employer, and entrusted by him w ith the
duty o f seeing that the place, ways, works, machinery or plant
w ere in proper con dition ; or
Negligence of
II. By reason o f negligence o f any person in the service o f the
superintendent; em ployer entrusted with, and at the time o f the in ju ry exercising
superintendence, whose sole or principal duty is that o f superincaused by—
LABOR LAW S-----N E W JERSEY— ACTS OF 1909.
677
tendence, or in the absence o f such superintendent o f any person
acting as superintendent, w ith the authority or consent o f such
em ployer; or
III.
By reason o f the negligence o f any person in the service o f Negligence of
the employer who has the charge or control o f any signal, switch,
E®0Ji L f
locom otive engine or train upon a railroad ; said employee, or i n r o a d signals]
case the in ju ry results in death the executor or adm inistrator o f etc.
such deceased employee w ho has left surviving a husband, w ife or cl^.^a t u s o f
next o f kin, shall have the same right o f compensation and rem e
dies against the employer as if the em ployee had not been an em
ployee of, nor in the service o f the employer, nor engaged in his
w ork. The provisions o f law relating to actions fo r causing death
by negligence, so fa r as the same are consistent w ith this act,
shall apply to an action brought by an executor or administrator
o f such deceased em ployee suing under the provisions o f this act.
S ec . 2. N o action against an employer fo r recovery o f compensa- Notice,
tion fo r in ju ry or death o f an employee under this act shall be
m aintained mil ess notice o f the time, place and cause o f in ju ry is
given to the employer within one hundred and twenty (120) days, Limitation,
and the action is commenced w ithin one year after the occurrence
o f the accident causing the in ju ry or death. The notice required
by this section shall be in w riting and signed by the person in
ju red, or by some one in his behalf, but i f from physical or mental
incapacity it is im possible for the person injured to give notice
within the tim e provided in said section, he may give the same
within ten (10 ) days after such incapacity is removed. In case
o f h is death w ithout having given such notice his executor o r ad
m inistrator may give such notice w ithin sixty (60) days after his
appointment, but no notice under the provisions o f this section
shall be deemed to be invalid or insufficient solely by reason o f any inaccuracy in stating the time, place, or cause o f the injury if
it be shown that there was no intention to mislead, and that the
party entitled to notice was not, in fact, misled thereby. The
notice required by this section shall be served on the employer, or
i f there is more than one employer, upon one o f such employers, and
may be served by delivering the same to, or at the residence or
place o f business o f the person on whQm it is to be served. The
notice may be served by post by registered letter, addressed to the
person on whom it is to be served, at his last known place o f resi
dence or place o f business, and if served by post shall be deemed
to have been served at the time when the letter containing the
same would be delivered in the ordinary course o f the post. W hen
the employer is a corporation notice shall be served by delivering
the same or by sending it by post by registered letter, addressed to
the office or principal place o f business o f such corporation.
S ec . 3. An employee by entering upon, or continuing in the
Assumption
service o f an employer, shall be presumed to have assumed all of risks,
risks necessarily incident to his occupation or employment. The
necessary risks o f the occupation or employment shall, in all cases
arising a fter this act takes effect, be considered as including those
risks, and those only, which are inherent in the nature o f the
business, and which remain after the employer has exercised due
care in providing for the safety o f his employees, and has com
plied w ith the laws affecting or regulating such business or occu
pation fo r the greater safety o f such employees. In an action
maintained fo r the recovery o f damages for personal injuries to an
employee, received after this act takes effect, ow ing to any cause
fo r w hich the employer would otherw ise be liable, the fact that
the employee continued in the service o f the employer in the
same place and course o f employment after the discovery by such
employee, or a fter he had been inform ed o f the danger o f personal
in ju ry therefrom, shall not, as a matter o f law, be considered as an
assent by such employee to the existence or continuance o f such
risks o f personal in ju ry therefrom, or as negligence contributing
c o n t r ib u
te such injury. The question whether the employee understood t o r y n eg iiand assumed the risk o f such injury, or w as guilty o f con trib u -ge^ esticm g
tory negligence, by his continuance in the same place and course o f for jury.
678
B U L L E T IN OF T H E BU REA U OF LABOR.
employment w ith knowledge o f the risk o f injury, shall he oiie o f
fact, subject to the usual powers o f the court in a proper caise
to set aside a verdict rendered contrary to the evidence. An em
ployee, or his legal representative, shall not be entitled under this
act to any right o f compensation or remedy against the employer
D e f e c t s to in any case where such employee knew o f the defect or negligence
be reported.
w hich caused the injury, and failed, within a reasonable time to
give, or cause to be given, inform ation thereof to the employer, or
to some person superior to him self in the service o f the em ployer
who had entrusted to him some general superintendence, unless it
shall appear on the trial that such defect or negligence w as known
to such employer or superior person, or could have been discovered
by reasonable and proper care or inspection by such employer or
superior person prior to such in ju ry to the employee.
C o n t r ib u S ec. 4. An employer who shall have contributed to an insurance
plover bas off- *-un<* created and maintained fo r the mutual purpose o f indem nifyset:
ing an employee fo r personal injuries, fo r w hich compensation may
be recovered under this act, or to any relief society or benefit fund,
may prove in m itigation o f damages recoverable by an employee
under this act sucb proportion o f the pecuniary benefit, w hich has
been received by such employee from such fund or society on ac
count o f such contribution o f employer, as the contribution o f such
employer to such fund or society bears to the w hole contribution
thereto.
Construction
S ec . 5. E very existing right o f action fo r negligence or to reof statute.
cover damages fo r injuries resulting in death is continued, and
nothing in this act contained shall be construed as lim iting any
such right o f action, nor shall the failu re to give the notice pro
vided fo r in section tw o (2 ) o f this act be a bar to the mainte
nance o f a suit upon any such existing right o f action.
Approved A pril 13, 1909.
C h a p t er 144.—Employment
of children— School attendance.
S ection 1. Section one hundred and fifty-three o f an act en
titled “ An act to establish a thorough and efficient system o f free
public schools and to provide fo r the maintenance, support and
management thereof,” approved October nineteenth, one thousand
nine hundred and three, is amended to read as fo llo w s :
S ch ool a tSection 153. E very parent, guardian or other person having
auh-ed nC6 r e ' control o f a child between the ages o f seven and seventeen years
q
’
inclusive shall cause such child to regularly attend a day school
in which at least the common-school branches o f reading, writing,
arithmetic, spelling, English grammar and geography are taught
by a competent teacher, or receive equivalent instruction else
where than at school, unless such child is above the age o f fifteen
years and has completed the grammar-school course (prescribed
by the state board o f education), and in addition thereto is regu
larly and law fully employed in some useful occupation or service.
Such regular attendance shall be during all the days and hours
that the public schools are in session in the school district in w hich
the child resides, unless it shall be shown to the satisfaction o f
the board o f education o f the school district in w hich such child
resides, that the bodily or mental condition o f such child is such
as to prevent his or her attendance at school. I f such child be
under the age o f seventeen years and has completed the grammarschool course and is not regularly and law fu lly employed in any
High school. useful occupation or service, such child shall attend the high school
* or manual-training school in said school district in w hich such
child resides, if there is a high school or manual-training school in
said d is trict; i f there is no high school or m anual-training school
in said school district, said child shall be transported to a high
school or m anual-training school as provided in the act to w hich
this is an amendment. Any child above the age o f fourteen years
who submits satisfactory evidence to the board o f education o f the
N e c e s s a r y school district in w hich such child resides, that it is necessary
employment,
that such child should be employed in some occupation or service,
LABOR LAW S— N E W JERSEY— ACTS OF 1009,
679
jm ay be granted by said board o f education a certificate exempting
*him or her from the provisions o f this section, such exception to
continue so long as said child shall be regularly employed as
aforesaid.
A pproved A pril 17, 1909.
C hapter 147.— Seats
for female employees in stores.
Section 1. E very individual, firm, or corporation or the manag- seats to be
ing agent o f such individual, firm or corporation, having in his provided,
or their em ploy one or more fem ales engaged in the services and
operations incident to any com m ercial employment, shall provide
and maintain seats o f suitable kind, conveniently situated at or
near the counter, workbench, or other places where her or their
w ork is ordinarily perform ed, fo r the use o f such females, who
shall be allow ed free access to such seats at all times except when
engaged in the discharge o f duties that can not properly be per
form ed in a sitting position.
Sec. 2. It shall be the duty o f the commissioner o f labor and Enforcement,
his authorized deputies to see that the provisions o f this act are
carried out in all the m ercantile establishments throughout the
State in w hich fem ale labor is employed, and the said commis
sioner or one o f his deputies shall thereafter at reasonable inter
vals exam ine and inspect all such m ercantile establishments fo r
the purpose o f seeing that the seats as provided for in this act are
fu lly maintained, and that fem ale employees are permitted to use
them freely and without hindrance according to the spirit o f this
act.
S ec. 3. A n y individual, firm or corporation ow ning or managing violations,
an establishm ent to w hich this act applies, who shall fa il to
com ply w ith its requirements w ithin ten days after the date on
w hich notice to do so has been served by the commissioner o f
labor or one o f his deputies shall be liable to a penalty o f twentyfive dollars (25) fo r each offense, and a failure to com ply within
the period o f ten days (10) w ith such repetition o f the notice
as may be necessary, shall each constitute a separate offense.
Approved A pril 17, 1909.
C hapter 191.— Labor
organizations, etc.— Collective insurance.
S ection 1. Section one o f the act to w hich this is an amendment
[relating to life insurance com panies] is amended to read as
fo llo w s :
Section 1. No life insurance company doing business in this
Premium
State shall make or permit any distinction or discrim ination in r a t e s t o be
fa v or o f individuals between the insured o f the same class and liniform*
equal expectation o f life in the am ount o f payment o f premiums
o r rates charged fo r policies o f life or endowment insurance, or in
th e dividends or other benefits payable thereon, or in any other
Of the terms and conditions o f the contracts it m akes; except
that any life insurance company doing business in this State
may issue policies o f life or endowment insurance w ith or w ithout
annuities on the industrial plan, w ith special rates o f premiums
legs than the usual rates o f premiums fo r such policies to members
o f labor organizations, lodges, beneficial societies or similar orException as
ganizations, or employees o f one employer, who through their to la b or orsecretary, or employer may take out insurance in an a ggregatesanizations*
o f not less than one hundred members, and pay their premiums
through such secretary or em ployer; * * *
Approved A pril 20, 1909.
C hapter 231 .—Inspection
or
of factories, etc.—Manufacture of food
products.
S ection 1. Every building, room, basement or cellar occupied j ^ t e d 18 ventb
used as a bakery, confectionery, cannery, packing house, lated, etc.
680
B U LLETIN OP TH E BUBEAU OP LABOB,
slaughterhouse, dairy, creamery, cheese factory, restaurant, hotel,
grocery, meat market, or other place or apartment used for the
production, manufacture, preparation, packing, storage, or dis
tribution o f food intended fo r sale or distribution, shall be properly
lighted, drained, plumbed and ventilated, and the operations carBasemerits, ried on in such building, room, basement or cellar shall be con
etc.
ducted in such a manner that the purity and wholesomeness o f
the food therein produced, manufactured, prepared, packed, stored,
. sold or distributed shall not be impaired,
and*esa n fta SEC- 2. The floors, side walls, ceilings, furniture, receptacles,
tion.
" implements and machinery of every establishment, or place where
food intended for distribution or sale is produced, naanufaetured,
prepared, packed, stored, sold or distributed, and all cars, trucks
and vehicles used in the transportation o f such food products shall
at no time be kept in an unclean or unsanitary condition. * * *
The clothingworn by all operatives, employees,clerks and and [sic]
other persons while engaged in work in any o f the places where
food intended for sale or distribution is produced, manufactured,
prepared, packed, stored, sold, distributed or transported shall be
in clean condition at all times. No person shall transport any
such food in such a manner that the purity or wholesomeness
thereof shall be in any wise impaired.
Walls.
S ec . 3. T h e side w alls o f every bakery, confectionery, creamery,
cheese factory, hotel or restaurant kitchen shall be w ell plastered,
wainscoted or ceiled w ith metal o r lumber, and shall be oil painted,
or kept well limewashed, and all interior w oodw ork in every
bakery, confectionery, creamery, cheese factory, hotel or res
taurant kitchen shall be kept well oiled or painted w ith oil paint,
and shall be kept washed clean w ith soap and w a ter; and every
building, room, basement or cellar occupied or used fo r the
preparation, manufacture, packing, storage, sale or distribution
o f food intended fo r distribution or sale in w hich food is exposed
Floors.
shall have a tight floor made o f cement, or o f tile laid in cement,
brick, wood, or other suitable material w hich can be flushed or
washed clean w ith water.
fo r
S ec. 4* AH operatives, employees, clerks, or other persons who
01
n‘
handle the m aterial from w hich food intended fo r distribution or
sale is prepared, or the finished product, before beginning w ork
and after visiting the toilet, shall wash their hands and arms
thoroughly w ith clean w ater and soap, and every ow ner or man
ager o f any place in which food is produced, m anufactured, pre
pared, packed, stored, distributed or sold shall provide adequate
facilities fo r such washing, and it shall be the duty o f every such
owner or manager to take all reasonable means to compel all oper
atives, employees, clerks, or other persons handling the m aterial
from w hich such food is prepared, or the finished product, to
Toilets, etc. perform such w ashing as aforesaid. All toilets, lavatories and
wash room s shall be separate and apart from the room or rooms
w here any processes incident to the production, m anufacture,
preparation, packing, storage, sale or distribution o f such food
are carried on, and such toilets, lavatories and wash room s shall,
a t all times, be kept in a clean and sanitary condition.
Cuspidors.
S ec . 5. Cuspidors fo r the use o f operatives, employees, clerks,
or other persons, shall be provided w herever necessary, and each
cuspidor shall be emptied and thoroughly w ashed out daily w ith
a disinfectant solution, and at least five ounces o f such disin
fectan t solution shall be left in each cuspidor w hile the same is
in use. No operative, employee, clerk, or other persons shall ex
pectorate anyw here in any building, room, basement or cellar
w here the production, manufacture, preparation, packing, storage,
sale or distribution o f any food intended for sale or distribution
is conducted, except in cuspidors provided for that purpose,
Sleeping in
S ec . 6. No person or persons shall be allow ed to live^or sleep in
workrooms.
any room where food intended fo r sale or distribution is produced,
manufactured, packed, distributed or sold,
Di s e a s e d S ec. 7. No em ployer shall require, perm it or allow any person
employees.
to work, nor shall any person work in any building, room, base-
LABOR LAW S— N E W JERSEY— ACTS OF 1909.
681
ment, cellar or vehicle, occupied or used fo r the production, prep
aration, m anufacture, packing, storage, sale, distribution or trans
portation o f food intended for sale or distribution w ho is affected
w ith any communicable disease.
Sec. 9. Any person w ho violates any o f the provisions o f this Vioiations.
act, or refuses, neglects or fails to com ply w ith any law ful order
or requirement o f the state board o f health or o f any local boards
o f health, duly made in writing, as provided in section nine o f
this act, shall be liable to a penalty not exceeding fifty dollars for
the first offense, one hundred dollars fo r the second offense, and
tw o hundred dollars fo r the third and each subsequent offense;
such penalties to be recovered by an action o f debt in the name o f
the state board o f health or local board o f health, as the case
may be, in the manner prescribed fo r the recovery o f penalties
in the act to w hich this is a supplement.
S ec. 10. When any person shall violate any o f the provisions
Each day a
o f this act, or shall refuse to com ply w ith any orders duly made violation.
in writing, as provided for in section nine o f this act, each day
upon w hich such violation occurs shall be deemed to constitute a
distinct and separate violation, and each day elapsing after the
expiration o f the time lim it fixed fo r the com pliance w ith the
said order in w riting shall be deemed to constitute a distinct and
separate offense.
S ec . 11. The state board o f health shall make uniform rules Enforcement.
and regulations fo r the carrying out o f the provisions o f this act,
w hich said rules and regulations shall apply to all boards and per
sons entrusted w ith the enforcem ent o f the provisions o f this act.
Abstract o f
S ec . 12. An abstract o f this law shall be prepared and furnished
a w t o be
upon request by the board o f health to every corporation, firm or lposted.
person in this State w ho is affected thereby, and every person
engaged in the production, manufacture, preparation, packing,
storing, distribution, or transportation o f food intended fo r sale or
distribution to whom a copy o f such abstract is sent or delivered
shall post such abstract o f this law, and keep it posted, in plain
view in such place that it can be easily read by the employees or
operatives in coming in or going from the place where the afore
said business o f such person is conducted.
Approved A pril 21, 1909.
NEW YORK.
ACTS OF 1908.
C h a p t e r 148.— Garnishment
of wages— Exemptions.
S ection 1. Section thirteen hundred and ninety-one o f the Code
o f Civil Procedure [section 30, p. 1306, Birdseye’s Revised Statutes,
1901] is hereby amended to read as fo llo w s :
[T h e amendment consists in making the law relate to garnish L a w
ment in all cases where a judgm ent has been recovered and the tended.
execution issued thereon has been returned unsatisfied, instead
o f only in cases where the recovery w as fo r wages due fo r do
mestic or personal services, as in the earlier law.]
ex
C h a p t er 210.— Commission
to investigate industrial opportunities,
etc., of aliens.
S ection 1. The governor is hereby empowered to appoint a com
Governor to
mission o f immigration, which shall consist o f nine members w ho appoint.
shall serve w ithout compensation, and which shall make fu ll in Duties.
quiry, examination and investigation into the condition, w elfare
and industrial opportunities o f aliens in the State o f New York.
F or this purpose, said commission is hereby authorized to send Powers.
for persons and papers, administer oaths and to examine witnesses
and papers respecting all m atters pertaining to this subject, and
to employ all necessary clerical and other assistance. Said comReport.
682
B U L L E T IN OF T H E BU REA U OF LABOR,
mission shall make a fu ll and final report to the governor, includ
ing such recommendations fo r legislation as in its judgm ent may
seem proper.
AppropriaS ec. 2. For this purpose the sum of ten thousand dollars or so
tionmuch thereof as may be necessary is hereby appropriated.
Becam e a law, May 6, 1908.
C hapter
448.— Railroads— Safety
couplers— Caboose platforms.
[T h is chapter amends section 2 o f chapter 544, Acts o f 1893,
(sec. 50i o f the railroad law, Birdseye’s Revised Statutes), b y
E q u i p me n t prohibiting the use after September 1, 1908, “ o f any car as a carequfred.
boose unless it shall have a suitable and safe platform at each
end thereof, and the usual railing fo r the protection o f persons
using such platform ,” except upon railroads w hose main line is
less than fifteen miles in length and whose average grade exceeds
tw o hundred feet to the mile.]
CO N SOLIDATED L A W S— 1909.
[The legislature o f 1909 enacted a revision o f the laws o f the
State, which had been prepared pursuant to chapter 664 o f the
A cts o f 1904. New legislation o f the session o f 1909 was incor
porated in the revision.]
C hapter 16 (as amended by chapter 409, A cts of 1909). — Employ
ment of children— School attendance.
A tten dance
required.
Evening
schools.
Section 530. Every child between seven and sixteen years o f
age in proper physical and mental condition to attend school shall
regularly attend upon instruction at a school in w hich at least the
six common school branches o f reading, spelling, writing, arith
metic, English language and geography are taught in English, or
upon equivalent instruction by a competent teacher elsewhere than
at a public school as fo llo w s :
1. Every such child between seven and fourteen years o f age re
siding in a city or in a school district having a population o f five
thousand or m ore and employing a superintendent o f schools shall
so attend upon instruction the entire tim e during w hich the
school attended is in session, w hich period shall not be less than
one hundred and sixty days o f actual school.
2. Every such child between fourteen and sixteen years o f age,
not regularly and law fu lly engaged in any useful employment or
service as hereinafter provided, and residing in a city or in a
school district having a population o f five thousand or m ore and
employing a superintendent o f schools and to whom an employ
ment certificate has not been duly issued under the provisions o f
the labor law shall so attend upon instruction the entire tim e
during which the school attended is in session.
3. E very such child between eight and fourteen years o f age,
residing elsewhere than in a city or school district having a
population o f five thousand or more and em ploying a superintend
ent o f schools shall so attend upon instruction as many days
annually, during the period between the first days o f October and
the follow ing June, as the public school o f the district in w hich
such child resides, shall be in session during the same period.
4. Every such child between fourteen and sixteen years o f age,
not regularly and law fully engaged in any useful employment o r
service, as hereinafter provided, and residing elsewhere than in
a city or a school district having a population o f five thousand
or more and employing a superintendent o f schools, shall so at
tend upon instruction as many days annually during the period
between the first days o f October and the follow in g June as th e
public school o f the district in which, such child resides shall be in
session during the same period.
5. Every boy between fourteen and sixteen years o f age, in
a city o f the first class or a city o f the second class in possession
LABOR LAW S---- N E W YORK-----CONSOLIDATED LAW S-----1909.
683
o f an employment certificate duly issued under the provisions
. o f the labor law, w ho has not completed such course o f study
as is required fo r graduation from the elementary public schools
o f such city, and who does not hold either a certificate o f gradua
tion from the public elementary school or the preacadem ic cer
tificate issued by the Regents o f the U niversity o f the State o f
New Y ork or the certificate o f the completion o f an elementary
course issued by the education department, shall attend the pub
lic evening schools o f such city, or other evening schools offering
an equivalent course o f instruction, fo r not less than six hours
each week fo r a period o f not less than sixteen weeks or upon
a trade school a period o f eight hours per week fo r sixteen weeks
in each school year or calendar year.
6. [N o change.]
S ec . 531. 1. E very person in parental relation to a child beDuty of partween seven and sixteen years o f age, in proper physical and eats,
mental condition to attend school, shall cause such child to so
attend upon instruction in cities and school districts having a
population o f five thousand or above, as required by section five
hundred and thirty o f this act unless an employment certificate
shall have been duly issued to such child under the provisions o f
the labor law and lie is regularly employed thereunder.
2. E very person, residing elsewhere than in a city or school
district having a population o f five thousand or above, in parental
relation to a child between eight and sixteen years o f age, in
proper physical and mental condition to attend school, shall
cause such child to so attend upon instruction unless such child
shall have received an employment certificate duly issued under
the provisions o f the labor law and is regularly employed there
under in a factory or m ercantile establishment, business or tele
graph office, restaurant, hotel, apartment house or in the dis
tribution or transm ission o f m erchandise or messages, or unless
such child shall have received the school record certificate issued
under section five hundred and thirty-four o f this act and is
regularly employed elsewhere than in a factory or m ercantile
establishment, business or telegraph office, restaurant, hotel, apart
ment house or in the distribution or transmission o f merchandise
or messages.
3. A violation o f this section shall be a misdemeanor, punish
able fo r the first offense by a fine not exceeding five dollars, or five
days’ imprisonment, and for each subsequent offense by a fine not
exceeding fifty dollars, or by imprisonment not exceeding thirty
days, or by both such fine and imprisonment. Courts o f special
sessions and police magistrates shall, subject to rem oval as pro
vided in sections fifty-seven and fifty-eight o f the Code o f Crimi
nal Procedure, have exclusive ju risdiction in the first instance to
hear, try and determine charges o f violations o f this section w ithin
their respective jurisdictions.
Sec. 532. It shall be unlaw ful fo r any person, firm or corpo
ration—
1. T o employ any child under fourteen years o f age, in any busiEmployment
ness or service whatever, during any part o f the term during prohibited,
w hich the public schools o f the district or city in w hich the child
resides are in session.
2. T o employ, elsewhere than in a city o f the first class or a city
o f the second class, in a factory or mercantile establishment, busi
ness or telegraph office, restaurant, hotel, apartment house or in
the distribution or transmission o f merchandise or messages, any
child between fourteen and sixteen years o f age w ho does not at
the time o f such employment present an employment certificate
du ly issued under the provisions o f the labor law, or to employ
any-such child in any other capacity w ho does not at the time o f
such employment present a school record certificate as provided
in section five hundred and thirty-four o f this chapter.
3. T o employ any child between fourteen and sixteen years o f
age in a city o f the first class or a city o f the second class who
does not, at the time o f such employment, present an employment
684
BU LLETIN OF TH E BUREAU OF LABOR,
certificate, duly issued under the provisions o f the labor law.
Said employer shall keep and shall display in the place where
such child is employed, such employm ent certificate and also an
evening school certificate issued by the school authorities o f said
city or by an authorized representative o f such school authorities,
certifying that the said boy is regularly in attendance at an even
in g school o f said city, as provided in subdivision three o f section
five hundred and thirty-four o f this chapter.
Penalty.
Records.
S ec. 533. Any person, firm, or corporation, or any officer, man
ager, superintendent or employee acting therefor, who shall em
ploy any child contrary to the provisions of section five hundred
and thirty-two hereof, shall be guilty of a misdemeanor, and the
punishment therefor shall be for the first offense a fine of not less
than twenty nor more than fifty dollars; for a second, and each
subsequent offense, a fine of not less than fifty nor more than two
hundred dollars.
S ec . 534. 1. An accurate record o f the attendance o f all children
between seven and sixteen years o f age shall be kept by the
teacher o f every school, showing each day by the year, month,
day o f the month and day o f the week, such attendance, and the
num ber o f hours in each day th ereof; and each teacher upon
w hose instruction any such child shall attend elsewhere than at
school, shall keep a like record o f such attendance. Such records
shall, at all times, be open to the attendance officers or other
person duly authorized by the school authorities o f the city or
district, who may inspect or cop y the sam e; and every such
teacher shall fu lly answer all inquiries law fu lly made by such
authorities, inspectors or other persons, and a w illfu l neglect or
refusal so to answer any such inquiry shall be a misdemeanor.
2. A ny principal or chief executive officer o f a school to whom
Certificate.
application shall have been made fo r a school record required
under the provisions o f the labor law shall issue such school
record to any child who, after due investigation and exam ination
m ay be entitled to the same. Such school record shall be issued
and signed by the principal or ch ief executive officer o f the school
w hich such child has attended and shall be furnished to a child
entitled thereto or to the board, department or com m issioner o f
health. It shall contain a statement certifying that the child has
regularly attended the public schools or schools equivalent thereto
or parochial schools, for not less than one hundred and thirty
days during the tw elve months next preceding his fourteenth
birthday or during the twelve months next preceding his applica
tion fo r such school record and is able to read and w rite simple
sentences in the English language,* and has received during such
period instruction in reading, writing, and spelling, English lan
guage and geography and is fam iliar w ith the fundam ental opera
tions o f arithm etic up to and including fractions. Such school
record shall also give the date o f birth and residence o f the
child as shown on the records o f the school and the name o f its
parent or guardian or custodian.
Evening
3. The school authorities o f a city o f the first class or a city o f
school certifi "th e second class, or officers designated by them, are hereby
cate.
required to issue to a boy law fu lly in attendance at an evening
school, an evening school certificate at least once in each month
during the months said evening school is in session and at the
close o f the term o f said evening s c h o o l: Provided , That said boy
has been in attendance upon said evening school fo r not less than
six hours each week for such number o f weeks as will, when
taken in connection w ith the number o f weeks such evening school
shall be in session during the remainder o f the current or calendar
year, make up a total attendance on the part o f said boy in said
evening school o f not less than six hours per week fo r a period o f
not less than sixteen weeks or attendance upon a trade school
fo r at least eight hours per week for not less than sixteen weeks.
Such certificate shall state fu lly the period o f time w hich the boy
to whom it is issued was in attendance upon such evening school
or trade school.
LABOR LAW S---- N E W
YORK-----CONSOLIDATED LAW S-----1909.
S ec. 538. 1. The commissioner o f education shall supervise the
enforcem ent o f this law and he may withhold one-half o f all pub
lic school moneys from any city or district, which, in his ju dg
ment, w illfu lly om its and refuses to enforce the provisions o f this
article, after due notice, so often and so long as such w illfu l omis
sion and refusal shall, in his judgment, continue.
*
*
*
*
*
C h a p t e r 31.— Labor
Same,
law.
[Chapter 36 o f the Acts o f 1909 enacted a consolidation o f
chapter 415 o f the A cts o f 1897, the form er labor law o f New York,
and num erous antecedent and subsequent enactments amending or
supplemental to the labor law, or covering in some degree the
same subjects. The form o f the present enactment is much the
same as that o f the earlier one. In the presentation given below
changes are n o te d ; and where the changes are o f sufficient impor
tance to w arrant it the amended section is reproduced. Additions
or amendments made by the legislatures o f 1908 and o f 1909 as
new legislation are reproduced in their proper places.]
S ection 1. [N o change.]
S ec . 2. [T h e w ord “ deputies ” is substituted fo r the w ord
“ assistant,” in the n ext to the last line.]
S ec . 3. [T h e provision as to hours o f labor on public w orks is
extended by chapter 292, A cts o f 1909, to contracts to w hich “ a
commission appointed pursuant to law ” is a party.]
S ec . 4. [N o change ]
S ecs . 5, 6. [Sam e as in the form er law except that the tw o
sections are transposed.]
S ec.
S ec .
Sec.
S ec .
685
Authority of
ex 1? e n d s T o
whom,
pnhifc^orks0 n
p
7. [No change.]
8. [Sam e as section 7a, added by chapter 627, Acts o f 1907.]
9. [Sam e as section
8
of the former law.]
10. [Sam e as section 9 o f the form er law, w ith the addition
Wages to he
o f the w ords “ every corporation engaged in harvesting and storing paid in cash*
ice ” to the list o f employers to whom the law is applicable.]
Sec. 11. [Same as section 10 o f the former law, except that
steam surface railroads are required to pay the wages earned by
their employees during the first half o f each month on or before
the first day of the succeeding month, and on or before the
fifteenth day of each month the wages earned during the last half
o f the preceding calendar month.]
Sec. 12 (as amended by chapter 206, Acts o f 1909). I f a
corporation or a joint-stock association, its lessee or other person
carrying on the business thereof, shall fail to pay the wages of
all its employees, as provided in this article, it shall forfeit to
the people of the State the sum of fifty dollars for each such fail
ure, to be recovered by the commissioner of labor in his name of
office in a civil action.
S ecs . 13, 14* [Sam e as sections 12 and 13 o f the form er law,
section 14 o f the old law being omitted as unconstitutional.]
S ecs . 15 to 21. [N o change, except fo r the substitution o f the
w ords “ commissioner o f labor ” instead o f the w ords “ factory
in sp ector” in the form er law .]
S ecs . 40 to 48. [Sam e as sections 30 to 38 o f the form er law,
except fo r the omission o f the last sentence from form er section
30, the substitution o f the w ord “ fou r ” for “ three ” in form er
section 32, and the addition o f a bureau o f m ercantile inspection
to those therein named, w ith the corresponding necessary changes
in form er sections 33, 34.]
S ecs . 55, 58, 57. [Sam e as sections 40, 41, and 42.]
S ecs . 60 to 92. [N o change except as in sections 15 to 21, above,
and the omission, by an amendment o f 1909 (chapter 299), o f the
last sentence o f section 79 and the last tw o sentences o f section
81. (Provisions incorporated in section 9 3 .)]
S ec . 93 (a s amended by chapter 299, A cts o f 1909). No child
under the age o f sixteen years shall be. employed or permitted to
w ork in operating or assisting in operating any o f the follow in g
Pay days,
F a ilu re to
n f 0 L‘ m to
1
Enforcement
law ? s
p l o y e e s on
buildings,
department* of
labor,
Employment
^ -id ? ? 1611 and
c 1 r n*
Certain
em-
cw idren p r o hibited.
686
B U L L E T IN OP T H E B U REA U OP LABOR,
m achines: Circular or band saws, w ood shapers, w’ ood jointers,
planers, sandpaper or wood-polishing m a ch in ery; picker machines
or machines used in picking w ool, cotton, hair or any upholstery
m aterial; paper-lace m achines; burnishing machines in any tan
nery or leather m anu factory; jo b or cylinder printing presses
having m otive pow er other than fo o t ; w ood turning or boring
m achinery; stamping machines used in sheet metal and tinw are
m anufacturing or in washer and nut fa ctories; machines used in
making corrugating rolls; steam boilers; dough brakes or cracker
machinery o f any description ; w ire or iron straightening machin
e r y ; rolling-m ill machinery, power punches or shears; washing,
grinding or m ixing machinery, calendar rolls in rubber m anufac
tu ring; or laundering machinery.
No child under the age o f sixteen years shall be employed or
permitted to w ork at adjusting or assisting in adjusting any belt
to any m a ch in ery; oiling or assisting in oiling, w iping or cleaning
m achinery; or in any capacity in preparing any composition in
which dangerous or poisonous acids are u se d ; or in the m anufac
ture or packing o f paints, dry colors, or red or w hite lea d; or in
dipping, d y e in g (a) or packing m atches; or in the m anufacture,
packing or storing o f powder, dynamite, nitroglycerine, compounds,
fuses, or other explosives; or in or about any distillery, brewery,
or any other establishment w here m alt or alcoholic liquors are
manufactured, packed, wrapped, or bottled ; and no fem ale under
the age o f sixteen shall be employed or permitted to w ork in any
capacity where such employment compels her to remain standing
constantly. No child under the age o f sixteen years shall be
employed or permitted to have the care, custody or management
o f or to operate an elevator either fo r freigh t or passengers. No
person under the age o f eighteen years shall be employed or per
m itted to have the care, custody or management o f or to operate
an elevator either fo r freight or passengers running at a speed
o f over tw o hundred feet a minute. No male person under eight
Women and een years or woman under twenty-one years o f age shall be per
children.
mitted or directed to clean m achinery w hile in motion. No male
child under the age o f eighteen years, nor any female, shall be
employed in any factory in this State in operating" or using aiiy
emery, tripoli, rouge, corundum, stone, carborundum or any abra
sive, or emery polishing or buffing wheel, w here articles o f the
baser metals or o f iridium are manufactured.
Who to make
S ec. 94. [N o change except that by chapter 426, A cts o f 1908,
changes.
tenants o f tenant factories are made join tly liable w ith owners
fo r the condition o f stairways and fo r ventilation.]
Custodian de
fined.
S ec. 95. [No change.]
S ec. 96. The w ord “ custodian ” as used in this article shall
include any person, organization or society having the custody o f
a child.
S ecs. 100 to 125. [No change except as in sections 15 to 21,
above.]
Accidents to
S ec. 126 (as amended by chapter 89, A cts o f 1908). W henever
he reported.
loss o f life or an accident causing an in ju ry incapacitating any
person fo r work, shall occur in the operation o f a mine or quarry,
or in the construction or repair o f a tunnel, the owner, agent,
manager, lessee, contractor, subcontractor, or person in charge
thereof, shall within forty-eight hours after the accident, death
or injury report, in writing, all the facts connected therewith
to the commissioner o f labor. Such report shall state as fu lly
as possible the cause o f the death or the extent and cause o f the
injury, and the place where the injured person has been sent, w ith
such other or further inform ation relative thereto as may be
required by the said commissioner, w ho may investigate the causes
thereof and require such precautions to be taken as w ill prevent
the recurrence o f similar happenings. No statement contained
a It is possible that d ry in g was intended, as drying is an essential and
dangerous process in matchmaking, while d ye in g is not.
LABOR LAW S— N E W YORK— CONSOLIDATED LAW S— 1909,
687
i » any such report shall be admissible in evidence in any action
arising out o f the death or accident therein reported.
Sec, 127. [N o change.]
S ecs . 128 to 134. [Sam e as sections 130 to 136 o f the form er
law .]
Work in tunnels, etc., in compressed air .
(Added by chapter 291, Acts of 1909.)
S ection 134-a. A ll w ork in the prosecution o f w hich tunnels,
Hours of lacaissons or other apparatus or means in w hich compressed air i s bor*
employed are used shall be conducted subject to the follow ing
restrictions and regulations: When the air pressure in any com
partment, caisson, tunnel or place in w hich men are employed is
greater than norm al and does not exceed twenty-eight pounds to
the square inch, no employee shall be permitted to w ork or remain
therein more than eight hours in any tw enty-four hours and shall
only be permitted to w ork under such air pressure provided he
shall during such period return to the open air fo r an interval o f
at least thirty consecutive minutes, w hich interval his em ployer
shall provide for. When the air pressure in any such compart
ment, caisson, tunnel or place shall exceed twenty-eight pounds to
the square inch, and shall not equal thirty-six pounds to the square
inch, no employee shall be permitted to w ork or remain therein
more than six hours, such six hours to be divided into tw o periods
o f three hours each, w ith an interval o f at least one hour between
each such period. When the air pressure in any such com part
ment, caisson, tunnel or place shall equal thirty-six pounds to the
square inch and shall not equal forty-tw o pounds to the square
inch, no such employee shall be permitted to w ork or remain
therein more than fou r hours in any tw enty-four hours, such
fou r hours to be divided into periods o f not m ore than tw o hours
each, w ith an interval o f at least tw o hours between each such
p eriod; when the air pressure in any such compartment, caisson,
tunnel or place shall equal forty-tw o pounds to the square inch
and shall not equal forty-six pounds to the square inch, no em
ployee shall be permitted to w ork or remain therein m ore than
three hours in any tw enty-four hours, such three hours to be
divided into periods o f not more than ninety minutes each, w ith
an interval o f at least three hours between each such p eriod ;
when the air pressure in any such compartment, caisson, tunnel or
place shall equal forty-six pounds to the square inch and shall not
equal fifty pounds to the square inch, no employee shall be per
mitted to w ork or remain therein m ore than tw o hours in any
tw enty-four hours, such tw o hours to be divided into periods o f
one hour each, w ith an interval o f not less than fou r hours be
tween each such period; no employee shall be permitted to w ork
in any compartment, caisson, tunnel or place where the pressure
shall exceed fifty pounds to the square inch, except in case o f
emergency. No person employed in w ork in compressed air shall
be permitted by his e m p loyer or by the person in charge o f said
w ork to pass from the lock in w hich the w ork is being done to
atmosphere o f norm al pressure, w ithout passing through an inter
m ediate lock or stage o f decompression, w hich said decompression
D ecom presshall be at the rate o f three pounds every tw o minutes unless the sion locks,
pressure shall be over thirty-six pounds, in w hich event the de
compression shall be at the rate o f one pound per minute. Instru
ments shall be fitted in all caissons and air locks showing the
actual pressure prevailing.
S ec. 134-b. A ny person or corporation carrying on any work in
Medical a tttie prosecution o f w hich tunnels, caissons or other apparatus or t e n d a n c e re
means in w hich compressed air is employed are used shall employ qu red‘
and keep in employment during the prosecution o f such w ork at
the place where it is being carried on one or more duly qualified
persons to act as m edical officer or officers who shall be in at-
688
B U L L E T IN OP T H E B U REA U OF LABOR,
tendance a t all times w hile such w ork is in progress and whose
duty it shall be to adm inister and strictly en force the fo llo w in g :
Exam i n a (a ) No person shall be permitted to w ork in compressed air
tions.
until after he shall have been exam ined by such m edical officer
and reported by such officer to the person in charge thereof as
found to be qualified, physically, to engage in such work.
(b ) In the event o f absence from work, by an em ployee fo r three
or more successive days fo r any cause, he shall not resume work
until he shall have been reexam ined by the m edical officer and
his physical condition reported as hitherto provided to be such
as to perm it him to w ork in compressed air.
( c ) No person known to be addicted to the excessive use o f
intoxicants shall be permitted to w ork in compressed air.
( d ) No person not having previously w orked in compressed air
shall be perm itted during the first tw enty-four hours o f his em
ployment to w ork fo r longer than one-half o f a period as provided
In section one hundred and thirty-four-a and after so working
shall be reexamined and not permitted to w ork unless his physical
condition be reported by the medical officer as h eretofore provided
to be such as to q u alify him fo r such work.
(e ) A fter a person has been em ployed continuously in com
pressed air fo r a period o f three months he shall be reexamined
by the medical officer and he shall not be allowed, permitted or
com pelled to w ork until such exam ination has been made and he
h as been reported as h eretofore provided as physically qualified
to engage in compressed air w ork.
Records.
( f ) The said m edical officer shall at all times keep a complete
and fu ll record o f exam inations made by him w hich record shall
contain dates on w hich exam inations w ere made and a clear and
fu ll description o f the person examined, his age and physical con
dition at the time examined, also the statement as to the time such
person has been engaged in like employment.
D ressing
(g ) Properly heated, lighted and ventilated dressing rooms
rooms.
shall be provided fo r all employees in compressed a ir w hich shall
contain lockers and benches and shall be open and accessible to the
men during the intermission between shifts. Such room s shall be
provided w ith baths, w ith hot and cold w ater service and a proper
and sanitary toilet.
Medical lock.
(h ) A medical lock shall be established and maintained in con
nection w ith all w ork in compressed air as herein provided. Such
lock shall be kept properly heated, lighted and ventilated and
shall contain proper m edical and surgical equipment. Such lock
shall be in charge o f the medical officer.
Penalty.
S ec. 134-e. Every person who, or corporation which, shall violate
or fail to comply with any o f the foregoing provisions shall be
guilty of a misdemeanor which shall be punishable by a fine o f
not less than two hundred and fifty dollars or imprisonment for
one year or both.
S ecs . 135, 136. [Sam e as sections 128 and 129 o f the form er
law .}
S ecs . 140 to 161. [N o change.]
Age limit of
S ec. 162 (a s amended by chapter 293, A cts o f 1909). No child
c h i l d r e n i n under age o f fourteen years shall be em ployed or permitted to
mercantile es
tablishm ents, work in or in connection w ith any m ercantile or other business or
etc.
establishment specified in the preceding section, except that a child
Certificate.
upward o f tw elve years o f age may be employed therein in villages
and cities o f the second or third class, during the summer vaca
tion o f the public schools o f the city or district where such estab
lishment is situated. No child under the age o f sixteen years shall
be so employed or permitted to w ork unless an employm ent certi
ficate, issued as provided in this article, shall have been thereto
fore filed in the office o f the employer a t the place o f employm ent
o f such child.
S ecs . 163 to 166, [N o change.]
LABOR LAW S— N E W YORK— CONSOLIDATED LAW S— 1909.
689
Secs . 167 to 176. [T h e administration and enforcement o f the
Employment
provisions o f these sections are committed to the commissioner o f chiTdr'en &fn
labor fo r establishments situated in a city o f the first class. In mercantile essection 171 the w ord “ permitted ” is substituted fo r the w ord tablishments.
“ directed ” in the first line.]
Bureau of mercantile inspection,
(Added by chapter 520, Acts of 1908.)
S ection 180. There shall be a bureau o f m ercantile inspection, ins^ ectoi^ntile
w hich shall be under the immediate charge o f a mercantile in
spector, but subject to the direction and supervision o f the commis
sioner o f labor. T h e m ercantile inspector shall be appointed and
be at pleasure removed by the commissioner o f labor, and shall re
ceive such annual salary not to exceed tw o thousand dollars as
may be appropriated therefor.
Sec . 181. The commissioner o f labor may appoint from tim e to
Deputies,
tim e not m ore than ten deputy m ercantile inspectors, not less than
tw o o f whom shall be women, and who may be removed by him at
any time. The deputy mercantile inspectors may be divided into
three grades, but not more than tw o shall be o f the third grade.
Each deputy inspector o f the first grade shall receive an annual
salary o f one thousand dollars, each o f the second grade an annual
salary o f one thousand tw o hundred dollars, and each o f the third
grade an annual salary o f one thousand five hundred dollars.
S ec . 182. 1. The commissioner o f labor may divide the cities o f
Powers an d
the first class o f the State into districts, assign one or m ore deputy duties*
m ercantile inspectors to each district, and may in his discretion,
transfer them from one district to a n oth er; he may assign any o f
them to inspect any special class or classes o f m ercantile or other,
establishments specified in article eleven o f this chapter, situated
in cities o f the first class, or to en force in cities o f the first class
any special provisions o f such article.
2. The comm issioner o f labor may authorize any deputy com
missioner or assistant and any special agent or inspector in the
department o f labor to act as a deputy m ercantile inspector w ith
the fu ll pow er and authority thereof.
3. The commissioner o f labor, the m ercantile inspector and Ms
assistant or assistants and every deputy or acting deputy mer
cantile inspector may in the discharge o f his duties enter any
place, building or room in cities o f the first class where any labor
is perform ed w hich is affected by the provisions o f article eleven
o f this chapter, and may enter any mercantile or other estab
lishment specified in said article, situated in cities o f the first
class, whenever he may have reasonable cause to believe that
any such labor is perform ed therein.
4. The com m issioner o f labor shall visit and inspect or cause
to be visited and inspected the mercantile and other establish
ments specified in article eleven o f this chapter situated in cities
o f the first class, as often as practicable, and shall cause the
provisions o f said article to be enforced therein.
5. Any law fu l m unicipal ordinance, by-law or regulation reMunicipal
la ting to m ercantile and other establishments specified in article fin a n ce s ,
eleven o f this chapter, in addition to the provisions o f this chap
ter and not in conflict therewith, may be enforced by the com
missioner o f labor in cities o f the first class.
S ec . 183. The commissioner o f labor shall make an annual reReports,
port to the legislature o f the operation o f this bureau.
S ec . 184. A copy or abstract o f the applicable provisions o f
Law to he
this chapter, to be prepared and furnished by th e commissioner posted*
o f labor, shall be kept posted by the employer in a conspicuous
place on each floor o f every m ercantile or other establishment
specified in article eleven o f this chapter, situated in a city o f
the first class, wherein three or more persons are employed who
are affected by such provisions.
690
B U L L E T IN OF T H E BU REA U OF LABOR.
A
Injuries
caused by—
r t ic l e
14 .— Liability
S e c t io n
of employers for injuries to employees*
200. When personal iu ju ry is caused to an employee
w h o is him self in the exercise o f due care and diligence at the
tim e :
D efective
1. B y reason o f any defect in the condition o f the ways, works
m a c h i n e r y , 01» machinery connected w ith or used in the business o f the em-
etc‘ ;
ployer w hich arose from or had not been discovered or remedied
ow ing to the negligence o f the employer o r o f any person in the
service o f the employer and intrusted by him w ith the duty
o f seeing that the ways, w orks or machinery w ere in proper
con d ition ;
Negligence
2. B y reason o f the negligence o f any person in the service o f
^superintend- ^-jie employer intrusted w ith and exercising superintendence
whose sole or principal duty is that o f superintendence, or in
the absence o f such superintendent, o f any person acting as
superintendent w ith the authority or consent o f such em p loyer;
S t a t u s of The employee, or in case the in ju ry results in death, the ex
employee.
ecutor or adm inistrator o f a deceased employee who has le ft
him surviving a husband, w ife or next o f kin, shall have the same
right o f compensation and remedies against the employer as
i f the employee had not been an employee o f nor in the service
o f the employer nor engaged in his work. The provisions o f law
relating to actions fo r causing death by negligence, so fa r as
the same are consistent w ith this article, shall apply to an action
brought by an executor or adm inistrator o f a deceased employee
suing under the provisions o f this article.
Notice.
S ec . 201. No action fo r recovery o f compensation fo r in ju ry
or death under this article shall be maintained unless notice o f
the time, place and cause o f the in ju ry is givfen to the em ployer
w ithin one hundred and tw enty days and the action is com
menced w ithin one year after the occurrence o f the accident
Limitation, causing the in ju ry or death. The notice required by this section
shall be in w riting and signed by the person injured or by some
one in his behalf, but i f from physical or mental incapacity it
is im possible fo r the person injured to give notice w ithin the
tim e provided in this section, he may give the same w ithin teii
days after such incapacity is removed. In case o f his death
w ithout having given such notice, his executor or adm inistrator
may give such notice w ithin sixty days after his appointment,
but no notice under the provisions o f this section shall be deemed
to be invalid or insufficient solely by reason o f any inaccuracy in
stating the time, place or cause o f the inj dry i f it be shown
that there w as no intention to mislead and that the party en
titled to n otice w as not in fa ct misled thereby. The notice re
quired by this section shall be served on the employer, or i f
there is m ore than one employer, upon one o f such employers,
and may be served by delivering the same to or at the residence
or place o f business o f the person on w hom it is to be served.
The notice may be served by post by letter addressed to the
person on whom it is to be served, at his last known place o f
residence or place o f business, and i f served by post shall be
deemed to have been served at the time when the letter contaihing the same w ould be delivered in the ordinary course o f th<*
post. W hen the employer is a corporation, notice shall be served
by delivering the same or by sending it by post addressed to
the office or principal place o f business o f such corporation.
W h a t risks
S ec . 202. An employee by entering upon or continuing in the
assumed.
service o f the employer shall be presumed to have assented to th e
necessary risks o f the occupation or employment and no others.
The necessary risks o f the occupation or employment shall, in all
cases arising after this article takes effect, be considered as in
cluding those risks, and those only, inherent in the nature o f the
business w hich remain after the employer has exercised due care
in providing fo r the safety o f his employees, and has com plied
w ith the law s affecting or regulating such business or occupation
for the greater safety o f such employees. In an action main
LABOR LAW S— N E W YORK— CONSOLIDATED LAW S— 1909.
691
tained fo r the recovery o f damages fo r personal injuries to an
em ployee received after this article takes effect, ow ing to any
cause fo r w hich the employer w ould otherwise be liable, the fa ct
that the employee continued in the service o f the employer in the
same place and course o f employment after the discovery by such
employee, or after he had been inform ed of, the danger o f personal
in ju ry therefrom , shall not, as a matter o f law, be considered as
an assent by such employee to the existence or continuance o f such
risks o f personal in ju ry therefrom, or as negligence contributing
Contributo such injury. The question whether the employee understood t o r y n e g 1 iand assumed the risk o f such injury, or w as guilty o f contributory geiQ u estio n ^
negligence, by his continuance in the same place and course o f for jury,
employm ent w ith knowledge o f the risk o f injury, shall be one
o f fact, subject to the usual pow ers o f the court in a proper case
to set aside a verdict rendered contrary to the evidence. An em- F a i l u r e to*
ployee, or his legal representative, shall not be entitled under this report defects...
article to any right o f compensation or remedy against the em
ployer in any case where such employee knew o f the defect or
negligence w hich caused the in ju ry and failed, w ithin a reasonable
time, to give, or cause to be given, inform ation thereof to the em
ployer, or to some person superior to him self in the service o f the
em ployer who had intrusted to him some general superintendence,
unless it shall appear on the trial that such defect or negligence
w as known to such employer, or superior person, prior to such in
ju ries to the employee.
S ec . 203. An employer who shall have contributed to an insurance
Contribu-fund created and maintained fo r the mutual purpose o f id em n i- tions to insurfy in g an em ployee for personal injuries, fo r w hich com pen sa-|^ ce fu n d s »*
tion may be recovered under this article, or to any relief society
or benefit fund created under the laws o f this State, may prove in
m itigation o f damages recoverable by an employee under this arti
cle such proportion o f the pecuniary benefit w hich has been re
ceived by such em ployee from such fund or society on account o f
such contribution o f the employer, as the contribution o f such em
ployer to such fund or society bears to the w hole contribution
thereto.
S ec . 204. Every existing right o f action fo r negligence or to
A ct c o n recover damages for injuries resulting in death is continued and strued*
nothing in this article contained shall be construed as lim iting
any such right o f action, nor shall the failure to give the notice
provided fo r in section tw o hundred and one o f this article be a
bar to the maintenance o f a suit upon any such existing right o f
action.
S ecs . 220 to 226. [Sam e as sections 174 to 179a o f the form er
law .]
C h a p t e r 40 .—Penal
law— Violations of the labor law.
[T h e sections o f this law Included under this head (sections
1270 to 1277) are in the main the same as sections 201 to 209 o f
the labor law as found in Birdseye’s Revised Statutes, edition o f
1901, w ith subsequent amendments.
Section 1272 o f the Penal Law is an amended form o f section
206 o f the form er law as amended by chapter 205, A cts o f 1909,
and reads as fo llo w s :]
S ection 1272. A corporation or joint-stock association or person
Payment o f :
carrying on the business thereof, by lease or otherwise, w ho does wages,
not pay the w ages q f all its employees in accordance with the pro
visions o f the labor law, is guilty o f a misdemeanor, and upon
conviction therefor, shall be fined not less than one hundred nor
more than ten thousand dollars fo r each offense. An indictm ent
o f a person or corporation operating a steam surface railroad fo r
an offense specified in this section may be found and tried in any
county within the State in w hich such railroad ran at the tim e o f
such offense.
S ec. 1278. [Same as section 212 o f the form er law .]
20092— No. 85— 10------ 16
692
B U L L E T IN OF T H E B U REA U OF LABOR,
ACTS OF 1909.(«)
Chapter
518.— Commission
on employers' liability and unem
ployment.
Governor to
S ection 1. W ithin twenty days after this act takes effect there
appoint.
shall be appointed in the manner hereinafter provided, a commis
sion w hich shall consist o f fourteen persons whose duty it shall be
to make inquiry, examination and investigation into the w orking o f
the law in the State o f New Y ork relative to the liability o f em
ployers to employees fo r industrial accidents, and into the compar
ative efficiency, cost, justice, merits and defects o f the laws o f other
industrial States and countries, relative to the same subject, and as
to the causes o f accidents to em ployees; and it shall also be the duty
o f the said persons to make inquiry, exam ination and investigation
into the causes o f unemployment in the State o f New Y ork par
ticu larly in the city districts, and into the lack o f adequate labor
in other sections o f the State, particularly in the farm ing districts,
w ith a view to recommending permanent w ays and means for
remedying the condition o f the unemployed and securing a better
distribution o f labor. Said commission shall, i f practicable, sub
mit a fu ll and final report, including such recom mendations fo r
legislation by bill or otherwise, as in its judgm ent may seem
proper, to the legislature o f nineteen hundred and ten, but i f it
shall not be practicable to report finally thereto, the said commis
sion shall submit its final report to the legislature o f nineteen
hundred and eleven.
Expenses.
Powers.
Sec . 2. The members of the said commission shall serve without
compensation, except that each shall be entitled to his actual
necessary expenses incurred in the performance of his duties
under the provisions of this act. The appointments shall be made
as follow s: Six of the said persons shall be appointed by the
governor, three shall be appointed by the president o f the senate
from the senate and five shall be appointed by the speaker of the
assembly from the assembly.
S ec. 3. F or the purposes o f its investigation the said commission
is hereby authorized to send fo r persons and papers, to administer
oaths and to exam ine witnesses and papers respecting all matters
pertaining to the subjects referred to in the first section o f this
act, to purchase books and supplies, and to employ all necessary
clerical and other assistance, w ithin the appropriation therefor.
I f the said commission shall appoint from its members subcom
mittees to make inquiry into one or more o f the subjects referred
to in the first section, said subcommittees shall have the same
pow ers as to sending fo r persons and papers, administering o f oaths
and the exam ination o f witnesses and papers, as are herein con
ferred upon the commission.
AppropriaS ec. 4. For this purpose the sum o f ten thousand dollars
tion*
($10,000), or so much thereof as . may be necessary, is hereby
appropriated.
C o mmisS ec . 5. The commissioner o f labor is hereby directed to cooper-
to°cooDerateb° r a*e
sai<* commission and to render it any such proper aid
p
* and assistance by the department o f labor as in his judgm ent
may not interfere w ith the proper conduct o f such department.
Becam e a law M ay 27, 1909.
C h a p t e r 559.— Leave
of absence for employees in public service—
Greater New York .
S ection 1. T itle three o f chapter twenty-three o f the Greater
New Y ork charter, as reenacted by chapter fou r hundred and
sixty-six o f the law s o f nineteen hundred and one, is hereby
amended by adding thereto a new section, to be section fifteen
hundred and sixty-seven thereof, to read as fo llo w s :
Leave may
Sec. 1567. The executive heads o f the various departments are
be granted.
authorized and empowered to grant to every em ployee o f the city
a Not included in the revision of 1909.
LABOR LAW S-----N E W YORK— ACTS OF 1909,
693
o f New York, or o f any department or bureau thereof, a vacation o f
not less than one week in each year and for such further period
o f tim e as the duties, length o f service and other qualifications o f
an employee may warrant, at such time as the executive head
o f the department or any officer having supervision over said em
ployee may fix, and fo r such time they shall be allow ed the same
compensation as i f actually employed, except that no such vaca
tion shall be granted to per diem employees fo r longer than one
week, and only during the months o f June, July and August.
Becam e a law M ay 28, 1909.
NORTH CAROLINA.
ACTS OF 1909.
C h a p t er 285.— Sunday
labor.
[T h is chapter amends section 2613, R evisal o f 1905, so that said
Operation of
section now re a d s :] No railroad company shall permit the lo a d in g 1#ailroaclsor unloading o f any freight car on S u n day; nor shall permit any
car, train o f cars, or locom otive to be run on Sunday on any rail
road, except in case o f accident and except such as may be run fo r
the purpose o f transporting the United States m ails and passen
gers w ith their baggage, and ordinary express freight in express
cars exclusively, and except such as shall be run fo r the purpose
o f transporting fruits, vegetables, live stock and perishable
freights. W here there are not sufficient cars o f live stock or
other perishable freights to make a complete train, or section o f
a train, the company may add other cars to complete the sa m e:
Provided , T h at solid trains, made up o f through freight cars;
reaching on Sunday any point upon any railroad in North Caro
lina and destined fo r some point or points beyond the lim its o f
the State o f North Carolina, may be continued as a solid through
freight train along the line o f said railroad through the State
o f North Carolina, w ithout stopping said train fo r other pur
poses than to take on fuel and receive necessary running ord ers:
Provided, The w ord Sunday in this section shall be construed
to embrace only that portion o f the day between sunrise and
sunset; and trains in transitu, having started on Saturday, may,
in order to reach the terminus or shops, run until nine o'clock
a. m. on Sunday, but not later, nor fo r any other purpose than
to reach the terminus or shops.
Ratified this the 23d o f February, A. D. 1909.
C hapter
446.— Safety
appliances on
headlights.
railroads—Locomotive
S ection 1. Every company, corporation, lessee, manager or
He a d l i g h t s
receiver owning or operating a railroad in this State is hereby required,
required to equip and maintain and use upon each and every loco
m otive in operation in railroad service on main lines in this State
an electric or power headlight o f at least one thousand five hundred
candlepower, measured w ithout the aid o f a reflector: Provided,
That only twenty-five per cent o f said locom otives not now so
equipped shall be required to be so equipped or used by A pril first,
one thousand nine hundred and te n ; another twenty-five per cent
by A pril first, one thousand nine hundred and eleven; another
twenty-five per cent by April first, one thousand nine hundred and
twelve, and the remainder by A pril first, one thousand nine hun
dred and th irteen : Provided, That this act shall not apply to loco
motive engines regularly used in switching cars or trains: And
further providing That this act shall not apply to locom otive
engines used exclusively between sunup and sundown, nor going to
nor returning from repair shops when ordered in fo r repairs:
Provided further, That this act shall not apply to independently
owned and operated railroad companies in this State whose mile-
694
Violations.
BU LLETIN OF TH E BUREAU OF LABOR,
age o f road in this State is one hundred and twenty-five miles or
less, nor to railroads having only lines extending into this State,
n o one o f w hich is one hundred miles in length in this S ta te: Pro
vided further , The corporation commission m ay relieve from the
operation o f this act such locom otives and roads or parts or sec
tions or branches o f roads upon w hich the said corporation com
mission may deem electric or pow er headlights not a d visa b le: Pro
vided further , That should an engine start on a trip w ith the head
light in good w orking condition, and from some unavoidable cause
such headlight becomes disabled and can not be repaired on the
line o f the road on w hich such run is being made, there shall be
nothing in this act to prevent said engine from continuing on
said trip, and the railroad shall not be liable fo r prosecutions on
account o f such failure.
S ec . 2. That any company, corporation, lessee, manager or re
ceiver violating the provisions o f this act shall be guilty o f a mis
demeanor.
Ratified this the 5th day o f March, A. D. 1909.
C h a p t er 504.— Exemption
of wages from execution— Unlawful
assignments.
Sendi ng
Section 1. No resident creditor or other holder o f any book
claims out oi
account, negotiable instrument, duebill or other m onetary demand
State.
arising out o f contract, due by or chargeable against any resident
wage-earner or other salaried employee o f any railw ay corporation
or other corporation, firm or individual engaged in interstate bush
ness shall send out o f the State, assign or transfer the same, fo r
value or otherwise, w ith intent to thereby deprive such debtor o f
h is personal earnings and property exempt by law from applica
tion to the paym ent o f his debts under the law s o f the State o f
North Carolina, by instituting or causing to be instituted thereon
against such debtor, in any court outside o f this State, in such
creditor’s own name or in the name o f any other person, any
action, suit or proceeding for the attachment or garnishm ent o f
such debtor’s earnings in the hands o f his employer, when such
creditor and debtor and the railw ay corporation or other corpora
tion, firm or individual ow ing the w ages or salary intended to be
reached are under the jurisdiction o f the courts o f this State.
A i d i n g vio
S ec . 2. No person residing or sojourning in this State shall
lations.
counsel, aid or abet any violation o f the provisions o f section one
o f this act.
Violations.
S ec . 3. A ny person or persons violating any provision o f sections
one and tw o o f this act shall be answerable in damages to any
debtor from whom any book account, negotiable instrument, dueb ill or other m onetary demand arising out o f contract shall be
collected, or against whose earnings any w arrant o f attachment or
n otice o f garnishment shall be issued, in violation o f the provisions
o f section one o f this act, to the fu ll amount o f the debt thus col
lected, attached or garnisheed, to be recovered by civil action in
an y court o f competent ju risdiction in this S tate; and any per
son so offending shall likewise be guilty o f a misdemeanor, pun
ishable by a fine o f not m ore than tw o hundred dollars.
S ec . 4. In any civil or crim inal action instituted in any court o f
Evidence.
competent jurisdiction in this State fo r any violation o f the pro
visions .of sections one and tw o o f this act, p ro o f o f the institution
or prosecution o f any action, suit or proceeding in violation o f the
provisions o f section one hereof, or the issuance o f service therein
o f any warrant o f attachment, notice or garnishment or other like
w rit fo r the garnishment o f the earnings o f the defendant therein,
or o f the payment by the garnishee therein o f any final judgm ent
rendered in any such action, suit or proceeding shall be deemed
prima facie evidence o f the intent o f the creditor or other holder
o f the debt sued upon to deprive such debtor o f his personal earn
ings and property exempt from application to the paym ent o f his
debts under the law s o f this State, in violation o f the provisions
o f this act.
LABOR LAW S---- NORTH CAROLINA-----ACTS OF 1909.
695
S ec. 5. No provision o f this act shall be so construed as to de Construction
prive any person entitled to its benefits o f any legal or equitable of act.
remedy already possessed under the laws o f this State.
Ratified this the 5th day o f March, A. D. 1909.
C hapter 637.—Fire
escapes on factories, etc.
S ection 3. A ll doors fo r ingress and egress * * * o f all
D o o r s to
o pen out
* * * factories w ith m ore than twenty employees * * * wardly.
w hich shall hereafter be erected, together w ith all those hereto
fore erected and w hich are still in use as such buildings * * *
shall be so hung as to open outw ardly from the * * * w ork
shops o f such buildings or p la ces: Provided, That said doors may
be hung on double hinges, so as to open with equal ease out
w ardly or inwardly.
Fire escapes.
Sec. 4. A ll factories, m anufactories, establishments or w ork
shops o f three or more stories in height, in w hich thirty or m ore
people are employed above the first floor thereof, shall be provided
w ith one or ( i f the proper officials shall deem necessary) m ore
outside fire escapes, not less than six feet in length and three feet
in width, properly and safely constructed, guarded by iron rail
ings not less than three feet in length and taking in at least one
door and one w indow or tw o windows at each story and connected
w ith the interior by easily accessible and unobstructed openings;
and the said fire escapes shall connect by iron stairs not less than
tw enty-four inches wide, the steps to be not less than six inches
tread, placed at not more than an angle o f forty-five degrees slant
and protected by a well-secured hand rail on both sides, w ith a
twelve-inch w ide drop ladder from the lowest platform reaching
to the g ro u n d ; that no outside fire escapes shall be required where
Other provi
there are already sufficient inside sta irw a y s; that fo r every twenty sions.
people employed on any floor above the second floor o f every fa c
tory and workshop there shall be one rope or portable fire escape,
and that each story shall be amply supplied w ith means fo r ex
tinguishing fire s; that all the main doors, both inside and outside,
in factories, except fire doors, shall open outw ardly when the
proper official shall so direct, and that no outside or inside door
o f any building wherein operatives are employed shall be so
locked, bolted or otherwise fastened during the hours o f labor as
to prevent egress.
S ec. 5. * * * every building in which twenty or m ore per
Means of
sons are employed above the second story in a factory, w orkshop egress.
or m ercantile or other establishment, the ow ner or agent o f the
ow ner o f w hich said buildings is notified in w riting by the insur
ance com m issioner or any one o f his deputies, shall be provided
w ith proper w ays o f egress or other means o f escape from fire
sufficient fo r the use o f all persons * * * em ployed * * *
in such building or buildings, and such w ays o f egress and means
o f escape shall be kept free from obstructions, in good repair and
ready fo r use. E very room above the second story in any such
building in w hich twenty or more persons are employed shall be
provided w ith more than one w ay o f egress by stairw ays on the
inside or outside o f the building. A ll doors in any building sub
je c t to the provisions o f this act shall open outw ardly, i f the
insurance commissioner or one o f his deputies shall direct in
writing.
S ec. 6 . The insurance commissioner is charged w ith the execu Enforcement.
tion o f this law, and the said commissioner or ch ief o f the fire
department are hereby vested w ith all privileges, duties and obli
gations placed upon them in section four, chapter fifty-eight, Pub
lic Law s o f one thousand eight hundred and ninety-nine, in regard
to the inspection o f buildings for the purpose o f enforcing the pro
visions o f this act in regard to the buildings and requirements
herein, and any owner or occupant o f premises failin g to com ply
Violations.
w ith the provisions o f this act in accordance w ith the orders o f
696
BU LLETIN OF TH E BUKEAU OF LABOR.
tlie authorities above specified shall be guilty o f a misdemeanor
and punished by a fine o f not less than ten dollars nor more than
fifty dollars fo r each day’s n eglect: Provided , however, That if
any ow ner or lessee o f any building referred to in this act shall
deem him self aggrieved by any ruling or order o f any ch ief o f fire
department or local inspector, he may within tw enty-four hours
appeal to the insurance commissioner, and the cause o f com plaint
shall at once be investigated by the direction o f said commissioner,
and unless by his authority the order or ruling is revoked it shall
remain in fu ll force and effect and be forthw ith com plied w ith by
said owner or lessee.
Ratified this the 6th day o f March, A. D. 1909.
C h a p t er 857.— Seats
for female employees.
Seats to be
S ection 1. A ll persons, firms or corporations w ho employ feprovided.
males in a store, shop, office or m anufacturing establishment, as
Violations.
clerks, operatives or helpers in any business, trade or occupation
carried on or operated in the State o f North Carolina, shall be
required to procure and provide proper and suitable seats for all
such females, and shall permit the use o f such seats, rests or
stools as may be necessary, and shall not make any rules, regula
tions or orders preventing the use o f such seats, stools or rests
when any such fem ale employee or employees are not actively em
ployed or engaged in their w ork in such business or employment.
S ec . 2. I f any em ployer o f fem ale help in the State o f North
Carolina shall fail, neglect or refuse to provide seats, as provided
in this act, on or before the first day o f June, one thousand nine
hundred and nine, or shall make any rules, orders or regulations
in his or its shop, store or other place o f business requiring fe
males to remain standing when not necessarily em ployed or en
gaged in service or labor therein, he shall be guilty o f a misde
meanor, and upon conviction th ereof shall be fined not less than
twenty-five dollars nor more than one hundred dollars, in the dis
cretion o f the court.
Ratified this the 8th day o f March, A. D. 1909.
C h a p t er 858.— Blacklisting.
f
?id d kliStins
S ection 1. I f any person, agent, com pany or corporation, after
or
en*
having discharged any employee from his or its service, shall pre
vent or attempt to prevent, by w ord or w riting o f any kind, such
discharged employee from obtaining employm ent with any other
person, company or corporation, such person, agent or corporation
shall be guilty o f a misdemeanor and shall be punished by a fine
not exceeding five hundred dollars, and such person, agent, com
pany or corporation shall be liable in penal damages to such dis
charged person, to be recovered by civil a ction ; but this section
shall not be construed as prohibiting any person or agent o f any
company or corporationy/rom inform ing, in w riting, upon request,
any other person, company or corporation to whom such dis
charged person or employee has applied fo r employm ent a truth
fu l statement o f the reason for such discharge.
us r k?stent
S ec.
shall 1)0 unlaw ful fo r tw o or m ore persons to agree
t0 ac 1 ' together to blacklist any discharged em ployee or to attempt, by
w ords or w riting or any other means whatever, to prevent such
discharged employee or any em ployee who may have voluntarily
left the service o f his employer from obtaining employment w ith
any other person or company. Such persons violating the pro
visions o f this section shall be guilty o f a misdemeanor and shall
be fined or imprisoned, or both, at the discretion o f the court.
Ratified this the 8th day o f March, A. D. 1909.
LABOR LAW S— NORTH DAKOTA— ACTS OF 1909,
697
NORTH DAKOTA.
AC TS O F 1909.
C h a p t e b 46.— Barbers—Regulations
of practice.
S ection 1. Registered barbers or barber apprentices, and all
Too:Is to be
persons engaged in hairdressing and manicuring, must disinfect a 1 e
all tools used in the perform ance o f tbeir profession before they
are brought in direct contact w ith the person o f any one o f their
customers. This disinfection must be carried on in a manner
approved by the board o f health o f the State o f North Dakota.
S ec . 2. A n y violation o f this act shall be punished by a fine o f
Violations,
not less than twenty-five dollars nor m ore than tw o hundred
dollars.
A pproved M arch 15, 1909.
C h a p t e b 153.— Employment
of children— General provisions.
Age limit. T
S ection 1. No child under fourteen years o f age shall be
employed, permitted or suffered to w ork in or in connection w ith
any mine, factory, workshop, mercantile establishment, store, busi
ness office, telegraph office, restaurant, hotel, apartment house or
in the distribution or transmission o f merchandise or messages.
It shall be unlaw ful fo r any person, firm or corporation to employ
Employment
u r i n g school
any child under fourteen years o f age in any business or service dterm.
w hatever, during any part o f the term during w hich the public
schools o f the district in w hich the child resides are in session.
Certificates.
S ec . 2. No child between fourteen and sixteen years o f age
shall be employed, permitted or suffered to w ork in any mine,
factory, w orkshop or m ercantile establishment unless the person
or corporation employing him procures and keeps on file and
Files.
accessible to the superintendent o f schools o f the city or village,
if one is employed, otherwise, to the clerk o f the school board or
board o f education, an employment certificate as hereinafter pre
scribed, and keeps tw o complete lists o f all such children employed
therein, one on file and one conspicuously posted near the princi
pal entrance o f the building in w hich such child is employed. On
term ination o f the employment o f a child so registered and whose
certificate is so filed, such certificate shall be forth w ith surren
dered by the employer to the child or its parent or guardian or
custodian. The superintendent o f schools or clerk o f the school Enforcement.
board or board o f education, as the case m ay be, may make demand
on an em ployer in whose factory a child apparently under the age
o f sixteen years is employed or permitted or suffered to w ork and
w hose employment certificate is n ot then filed as required by this
act, that such employer shall either furnish him w ithin ten days
evidence satisfactory to him that such child is in fa ct over sixteen
years o f age, or shall cease to employ or perm it or suffer such
child to w ork in such factory. The superintendent o f schools o f
the city or village or clerk o f the school board or board o f educa
Evidence.
tion m ay require from such employer the same evidence o f age o f
such child as is required on the issuance o f an employment certi
ficate; and the employer furnishing such evidence shall not be
required to furnish any further evidence o f the age o f the child.
In case such employer shall fa il to produce and deliver to the
superintendent o f schools o f the city or village or the clerk o f the
school board or board o f education, as the case may be, within
ten days after such demand, such evidence o f age herein required
by him and shall thereafter continue to employ such child or
permit or suffer such child to w ork in such factory, proof o f the
giving o f such notice and o f such failure to produce and file such
evidence shall be prima facie evidence in any prosecution brought
fo r a violation o f this act that such child is under sixteen years
o f age and is unlaw fully employed.
698
Who may is
sue certificates.
Evidence.
Literacy.
D escription
of child.
BU LLETIN OF TH E BUBEAU OF LABOB.
S ec. 3. The superintendent o f schools o f the city or village, i f
one is employed, and i f not, then the clerk o f the school board or
board o f education, is hereby authorized to issue an employment
certificate in writing, such certificate, to be issued upon the evi
dence prescribed in section fou r o f this a c t: Provided , That no
employment certificate shall be issued fo r any child then in or
about to enter his ow n employm ent or the employm ent o f a firm
or corporation o f w hich he is a member, officer or employee.
Sec. 4. The person authorized to issue employment certificate
shall not issue such certificate until he has received, examined,
approved, and filed the follow in g papers duly ex ecu ted :
1. The school record o f such child properly filled out and
signed as provided in this act.
2. A passport or duly attested transcript o f the certificate o f
birth or baptism or other religious record, showing the date and
place o f birth o f such child. A duly attested transcript o f the
birth certificate filed according to law w ith a registrar o f vital
statistics, or other officer charged w ith the duty o f recording
births, shall be conclusive evidence o f the age o f such child.
3. The affidavit o f the parent or guardian or custodian o f a
child, w hich shall be required, however, only in case such last
mentioned transcript o f the certificate o f birth be n ot produced
and filed, show ing the place and date o f birth o f such child, w hich
affidavit must be taken before the officer issuing the employm ent
certificate, w ho is hereby authorized and required to administer
such oath, and who shall not demand or receive a fee therefor.
Such employment certificate shall not be issued until such child
has personally appeared before and been exam ined by the officer
issuing the certificate, and until such officer shall, after making
such exam ination, sign and file in his office a statement that the
child can read and legibly w rite simple sentences in the English
language and that in his opinion the child is fourteen years o f
age or upwards and has reached the norm al development o f a
child o f its age, and is in sound health and is physically able to
perform the w ork w hich it intends to do. In doubtful cases such
physical fitness shall be determined by a m edical officer o f the
board or department o f health. Every such employm ent certificate
shall be signed, in the presence o f the officer issuing the same,
by the child in whose name it is issued.
S ec. 5. Such certificate shall state the date and place o f birth
o f the child, and describe the color of the hair and eyes, the height
and weight and any distinguishing facial marks o f such child,
and that the papers required by the preceding section have been
duly examined, approved and filed and that the child named in
such certificate has appeared before the officer signing the cer
tificate and been examined.
S c h o o l rec
S ec. 6 . The school record required by this act shall be signed
ord.
by the principal or chief executive officer o f the school w hich such,
child has attended and shall be furnished, on demand, to a child
entitled thereto. It shall contain a statement certifying that the
child has regularly attended the public schools or schools equiva
lent thereto or parochial schools fo r n ot less than one hundred
and tw enty days during the school year previous to his arriving
a t the age o f fourteen years or during the year previous to apply
ing fo r such school record and is able to read and w rite simple
sentences in the English language, and has received during such
period instruction in reading, spelling, w riting, English gram m ar
and geography and is fam iliar w ith the fundam ental operations
o f arithm etic up to and including fractions. Such school record
shall also give the age and residence o f the child as shown on th e
records o f the school and the name o f its parent, guardian or
custodian.
Sec. 7. No persons under the age o f sixteen years shall be em
Hours of la
bor.
ployed or suffered or permitted to w ork a t any gainful occupation
more than sixty hours in any one week, nor m ore than eight hours
Night work. in any one day [ s i c ] ; or before the hour o f seven o’clock in the
m orning or after the hour o f seven o’clock in the evening. E very
LABOR LAW S---- NORTH DAKOTA— ACTS OF 1909,
699
employer shall post in a conspicuous place in every room where
such minors are employed a printed notice stating the hours re
quired o f them each day of the week, the hours of commencing
and stopping work and the hours when the time or times allowed
for dinner or for other meals begin and end. The printed form of
such notice shall be furnished by the superintendent of schools of
the city or village, or the clerk of the school board or board of
education, and the employment o f any minor for longer times in
any day so stated shall be deemed a violation of this section.
S ec . 8 . Peace officers may visit mines, factories, workshops and
Enforcement,
m ercantile establishments in their several towns and cities and
ascertain whether any minors are employed therein contrary to
the provisions o f this a c t ; and it shall be their duty to report any
cases o f such illegal employment to the school board or board o f
education. Such officer may require that the employment certifi
cates and lists provided for in this act o f minors employed in such
factories, mines, workshops or m ercantile establishments shall be
produced fo r their inspection. Complaints fo r offenses under this
act may be made by such peace officer or by any other person
cognizant o f the facts.
S ec. 9. No child under the age of sixteen years shall be em- Employments
ployed at sewing belts, or to assist in sewing belts, in any capacity forbidden,
whatever; nor shall any child adjust any belt to any machinery;
they shall not oil or assist in oiling, wiping or cleaning machinery;
they shall not operate or assist in operating circular or band
saws, wood shapers, wood joiners, [jointers] planers, sandpaper
or wood-polishing machinery, emery or polishing wheels used for
polishing metal, wood turning or boring machinery, stamping ma
chines in washer and nut factories, operating corrugating rolls,
such as are used in roofing factories, nor shall they be employed
in operating any steam boiler, steam machinery, or other steam
generating apparatus, or as pin boys in any bowling alleys; they
shall not operate or assist in operating dough brakes, or cracker
machinery of any description; wire or iron straightening machin
ery ; nor shall they operate or assist in operating rolling-mill ma
chinery, punches or shears, washing, grinding or mixing mill
or calender rolls in rubber manufacturing; nor shall they operate
or assist in operating laundry machinery; nor shall children be
employed in any capacity in preparing any composition in which
dangerous or poisonous acids are used, and they shall not be em
ployed in any capacity in the manufacture of paints, colors, or
white le a d ; nor shall they be employed in any capacity whatever
in operating or assisting to operate any passenger or freight ele
vator; nor shall they be employed in any capacity whatever in
the manufacture of goods for immoral purposes, or any other em
ployment that may be considered dangerous to their lives or limbs,
or where their health may be injured or morals depraved; nor in
any theater, concert hall, or place of amusement wherein intoxi
cating liquors arfc sold; nor shall females under sixteen years of
age be employed in any capacity where such employment compels
them to remain standing constantly.
S ec. 10. Each owner, superintendent, manager or overseer of Violations,
any mine, factory, workshop or mercantile establishment, and
any other person who shall employ any child contrary to the pro
visions of this act or who shall in any manner violate the pro
visions thereof, shall be deemed guilty o f a misdemeanor, and
upon conviction thereof, shall be fined for each offense in a sum
not less than twenty dollars nor more than fifty dollars and costs.
Each person authorized to sign a certificate as prescribed in the
preceding section who certifies to any material false statement
therein shall be deemed guilty of a misdemeanor, and upon con
viction thereof, shall be fined not less than twenty dollars nor
more than fifty dollars and costs.
Approved M arch 11, 1909.
700
B U LLETIN OF TH E BUREAU OF LABOR*
C h a p t e r 190.— Railroads— Construction
and equipment of cabooses.
S ection 1. On and after the first day o f July, 1910, it should
[sie] be unlaw ful fo r any person, corporation or com pany operat
ing any railroad or railw ay in this State to require or permit the
use o f any caboose cars, unless said caboose cars shall be at least
Length.
tw enty-four feet in length, exclusive o f platform s and shall be proEquipment. vided w ith a door in each end thereof and w ith suitable cupolas,
platform s, guard rails, grab irons and steps fo r the safety o f per
sons in alighting or getting on said caboose cars, and said caboose
cars shall be equipped w ith at least tw o four-w heel trucks.
Violations.
S ec . 2. A ny person, corporation or com pany operating any rail
road or railw ay in the State violating any o f the provisions o f
section one o f this act shall be deemed guilty o f a misdemeanor,
and upon conviction thereof shall be fined not less than five hun
dred dollars nor m ore than one thousand dollars fo r each offense.
Approved M arch 16, 1909.
OHIO.
AC TS O F 1908.
Use of intoxicants on engines, trains, etc.
(Page 12.)
thinking on
Section 1. It shall be unlaw ful fo r any person to drink whisky,
engines, etc.
beer, ale or any other intoxicating beverage w hile aboard any
engine or car or train o f cars in this State, propelled by steam or
electricity, except in’ a dining eafS or other car w ith buffet or
cafe attachment.
Violations.
S ec. 2. Anyone violating the provisions o f this act shall be fined
not less than five dollars nor more than one hundred dollars for
each offense.
Approved February 14, 1908.
Mine regulations— Qualifications of miners.
(Page 21.)
S ection 1. Every person desiring to w ork by h im self as a
E x p e rie n c e
required.
miner in the coal mines o f this State shall first produce satisfac
Proviso.
Violations.
tory evidence to the mine boss o f the mine in w hich he is em
ployed, or desires to be employed, that he has worked at least one
year with, or as a practical coal miner. Until said applicant has
so satisfied the mine boss o f the mine in w hich he seeks such em
ployment o f his competency, he shall not be allow ed to mine coal
unless accompanied by some competent coal miner, until he be
comes duly qualified: Provided , That this act shall only apply to
mines generating fire damp, gas or combustible matter.
Sec. 2. Any person violating section 1 of this act shall be deemed
guilty o f a misdemeanor, and upon conviction be fined, not more
than two hundred dollars, nor less than twenty-five dollars, at
the discretion of the court.
Approved February 26, 1908.
Liability of railroad companies for injuries to employees.
(Page 25.)
I n j u r y
S ection 1. Every railroad company operating any railroad
w hich is in w hole or in part w ithin this State shall be liable for
all damages sustained by any o f its employees by reason o f per
sonal in ju ry or death o f such em ployee:
Defective ap
1. W hen such in ju ry or death is caused by a defect in any
pliances ;
locomotive, engine, car, hand car, rail, track, machinery or appli
ance required by such company to be used by its employees in
caused by—
701
LABOR LAW S— OHIO— ACTS OP 1908,
and about the business o f their employment, if such defect could
have been discovered by reasonable and proper care, tests or in
spection ; and p roof o f such defect shall be presumptive evidence
o f knowledge thereof on the part o f such com pa n y; and any such
employee o f such railroad com pany who may be injured or killed
as a resfilt o f any such defect, shall not be deemed to have
assumed the risk occasioned by such defect, although continuing
in the employment o f such railroad company after knowledge o f
such d e fe ct; nor shall continuance in employment after such
knowledge by any employee be deemed an act o f contributory
negligence.
2. W hile any such employee is engaged in operating, running,
riding upon or switching passenger, freight or other trains, engines
or cars, and w hile engaged in the perform ance o f his duties as
such employee, and when such injury shall have been caused by
the carelessness or negligence o f any other employee, officer or
agent o f such company, in the discharge o f or for failure to dis
charge his duties as such.
S ec . 2. In all actions hereafter brought against any railroad
com pany operating any railroad in w hole or in part w ithin this
State, fo r personal injury to an em ployee or where such injuries
have resulted in his death, the fact that the employee may have
been guilty o f contributory negligence, shall not bar a recovery
where his contributory negligence w as slight and that o f the
em ployer w as greater in comparison. But the damages shall be
dim inished by the ju ry in proportion to the amount o f negligence
attributable to such employee. All questions o f negligence and
contributory negligence shall be fo r the ju ry.
A pproved February 28, 1908.
N egligence
of fellow-serv-
ant*
Comparative
negligence.
4 Questions for
•,ury*
Employment of children— General provisions.
(Page 30.)
S ection 1. Section[s] 1, 2 and 3 o f an act * * * [Secs.
6986-7, 6986-8, 6986-9 o f the Revised Statutes] and section 4 o f
the aforesaid act. * * * [Sec. 6986-10] [sh all] be amended
so as to read as fo llo w s :
Section 1. No person, firm, com pany or corporation operating a Age limit,
factory, workshop, business office, telephone or telegraph office,
restaurant, bakery, hotel, apartment house, mercantile or other
establishm ent shall at any time employ, permit or suffer a child
under the age o f fourteen years to w ork in or in connection with
any o f the aforesaid establishments, nor in the distribution or
transm ission o f merchandise or messages': nor shall a child be
tween fourteen and sixteen years o f age be employed, permitted
or suffered to w ork in or in connection w ith any o f the aforesaid
establishments, nor in the distribution or transmission o f merchan
dise or messages, w ithout first procuring from the proper au
thority the age and schooling certificate prescribed in section Certificates.
4022-2 o f the Revised Statutes o f Ohio. The aforesaid certificate
shall be filed in the office o f the establishment in w hich or in con
nection w ith w hich the child works, anti shall be produced for
inspection upon request o f the ch ief or district inspector o f w ork
shops and factories, or a truant officer. On termination o f the
employm ent or service o f a child whose certificate is filed as
aforesaid, the certificate o f said child shall be forthw ith returned
by the person or agent having charge o f or the management o f
any o f the aforesaid establishments to the superintendent o f
public schools, or such other person who, acting under legal au
thority, may have issued the aforesaid certificate.
Nor shall a boy under sixteen years o f age, nor a girl under
Hours or laeighteen years o f age be employed, permitted or suffered to work bor.
in or in’ connection w ith any o f the aforesaid establishments, nor
in the distribution or transmission o f merchandise or messages,
m ore than forty-eight hours in any one week, nor more than eight
hours in any one d a y ; nor
seven o ’clock in
before the hour of
702
BU LLETIN OF TH E BUREAU OF LABOK.
the morning, nor after the hour o f six o ’clock in the evening, and
every such minor shall be entitled to no less than thirty minutes
fo r mealtime, but such mealtime shall not be included as a part
o f the w ork hours o f the week or day.
Registers.
Every person or agent having charge o f or the management o f
any o f the aforesaid establishments shall keep a correct record
in w hich shall be recorded the name, birthplace, date o f birth,
and place o f residence o f every boy between fourteen and sixteen
years o f age and every girl between fourteen and eighteen years o f
age, and shall post in a conspicuous place in every room where
such m inors w ork a printed notice stating the m aximum number
o f w ork hours a day and w e e k ; the notice shall be form ulated by
the ch ief inspector o f w orkshops and factories, and approved by
the attorney-general, and shall be furnished by the ch ief inspector
upon application.
Evidence o f
Failure to produce fo r inspection the age and schooling cerviolation.
tificate, together w ith the aforesaid record, shall be prima facie
evidence o f the illegal employment or service o f any child whose
age and schooling certificate is not produced, or w hose record is
not correctly kept.
Medical cer- Any child w orking in or in connection w ith any o f the aforetificate.
said establishments, or in the distribution or transm ission o f
m erchandise or messages, who appears to the inspector o f w ork
shops and factories to be under the legal age, or who refuses to
give to the inspector his or her name, age and place o f residence,
shall be forthw ith conducted by the inspector to the office o f the
ju dge o f the juvenile or probate court fo r examination. I f the
inspector is in doubt as to the physical fitness o f a boy under six
teen years o f age, or a girl under eighteen years o f age found
w orking in or in connection w ith any o f the aforesaid establish
ments, or in the distribution or transm ission o f merchandise or
messages, he shall require a certificate signed by a m edical officer
o f the board o f health certifying that such child is o f sound health
and physically able to perform the w ork or service he or she is
required to do, and every such health certificate shall be signed by
the child in whose name it is issued in the presence o f the officer
issuing the same, and w hich exam ination shall be made and cer
tificate issued w ithout any expense whatever to said child.
Employments
Sec. 2. No child under the age o f sixteen years shall be emprohibited.
ployed, permitted or suffered to w ork at any o f the follow in g
occu pation s: Sewing machine belts, in any w orkshop or factory or
assisting in sewing m achine belts in any w orkshop or factory in
any capacity w hatever; adjusting any belt to any m achinery;
oiling, or assisting in oiling, w iping or cleaning m achinery; oper
ating, or assisting in operating circu lar or band saws, w ood
shapers, w ood jointers, planers, sandpaper or w ood-polishing ma
chinery ; job or cylinder printing presses operated by pow er other
than fo o t; emery or polishing wheels used fo r polishing m etal;
w ood turning or boring m ach in ery; stamping machines used in
sheet metal and tinw are m anufacturing; stam ping machines in
w asher and nut fa ctories; corrugating rolls, such as are used in
roofing and w ashboard fa c to r ie s ; steam boilers, steam machinery,
or other steam-generating apparatus; dough brakes or cracker
machinery o f any description; w ire or iron straightening ma
chinery ; rolling-m ill machinery, punches or sh ears; washing,
grinding or m ixing m ills ; calender rolls in rubber m anufacturing ;
laundering m ach in ery; passenger or freigh t elev ators; nor in any
capacity in preparing any com position in w hich dangerous or
poisonous acids are u se d ; m anufacture o f paints, colors or w hite
le a d ; dipping, d y e in g (°) or packing m atches; manufacturing, pack
ing, or storing powder, dynamite, nitroglycerine, compounds, fuses
or other exp losives; m anufacture o f goods fo r im m oral pu rposes;
nor as pin boys in bow ling a lle y s ; nor in or about any distillery,
brewery, or any other establishment w here m alt or alcoholic
Night work,
° It is possible that drying was intended, as drying is an essential and
dangerous process in matchmaking, while dyeing is not.
LABOR LAW S-----OHIO— ACTS OF 1908,
liquors are manufactured, packed, w rapped or b ottled ; nor in any
hotel, theater, concert hall, drug store, saloon, or place o f amuse
ment wherein intoxicating liquors are sold ; nor in any other em
ploym ent that may be considered dangerous to their lives and
limbs, or where their health may be injured or m orals depraved;
nor shall fem ales under the age o f sixteen years be employed in
any capacity where such employment compels them to remain
standing constan tly; nor in assorting, m anufacturing or packing
tobacco.
Sec. 3. A ny person, firm, company or corporation who shall
employ, perm it or suffer any child to w ork contrary to the pro
visions o f this act, or who shall violate any o f the provisions
thereof, shall, upon conviction, be fined not less than twenty-five
dollars, nor m ore than fifty dollars, and all fines collected under
this act shall inure to the benefit o f the school fund o f the district
w here the offense w as committed.
Any ju stice o f the peace, police judge, or m ayor o f any city
or village, shall have the same ju risdiction provided in section
3718a o f the Revised Statutes o f Ohio in all cases o f prosecution
fo r the violation o f any o f the provisions o f this act.
Sec. 4. The ch ief inspector o f w orkshops and factories shall,
w ith the approval o f the governor, designate eight visitors who
shall be women and shall make such rules and regulations fo r
their direction and guidance as shall secure uniform ity o f action
and proceedings throughout the State. Such visitors shall receive
the same compensation as the district inspectors o f w orkshops and
factories, payable in the same manner, and the necessary traveling
expenses incurred by such visitors shall be paid in the same man
ner and subject to the same lim itations as are authorized and im
posed by section 4238j, Revised Statutes, as to such district in
spectors. Such visitors shall visit all shops and factories in their
respective districts in which women or children are employed, in
cluding mercantile establishments as often as possible, to see that
all the provisions and requirements o f this act relating to the em
ployment o f women or children are strictly observed and carried
o u t; they shall carefully inspect the sanitary condition o f the
same and they shall examine the system o f sewage in connection
w ith such shops, factories and establishments, the situations and
conditions o f water-closets or urinals in and about such shops and
factories fo r the use o f women or children and also the system
o f heating, lighting and ventilating all rooms o f such shops and
factories wherein women or children are employed at daily la b o r ;
and also the means o f exit from all such places in case o f fire or
other d isaster; and also all belting, shafting, gearing, elevators,
drums and m achinery o f every kind and description in and about
such shops and factories and see that the same are not located
so as to be dangerous to such women or children so employed
when engaged in their ordinary duties, and that the same, as fa r
as practicable, are securely guarded and that every vat, pan or
structure filled w ith molten metal or hot liquid shall be sur
rounded w ith proper safeguards fo r preventing accident or in
ju ry to women or children employed in such shop or fa c to r y ; and
that all such are in proper sanitary condition and are adequately
provided w ith means o f escape in case o f fire or other disaster.
Such visitors shall have entry into all shops, factories and mer
cantile establishments including all public institutions o f the
State w hich have shops and factories or either, at any reasonable
time, and it shall be unlaw ful fo r the proprietor, agent or servants
in any such factories or shops to prevent, at reasonable hours,
their entry into such shops and factories fo r the purpose o f such
inspection. Such visitors, if they find upon such inspection, that
any o f the provisions o f this act or any o f the acts relating to
buildings, factories or to the employment o f women or children
are being violated or that the heating, lighting, ventilation or sani
tary arrangements fo r women and children o f any shop, factory
703
Violations.
Enforcement.
704
B U L L E T IN OF T H E BU REA U OF LABOR,
or m ercantile establishment are such as to be injurious to the
health o f such women or children employed or residing therein,
.shall n otify the ch ief inspector o f w orkshops and factories who
m ay n otify the owner, proprietor or agent o f such shop, factory or
m ercantile establishment as provided in section 3248-f Revised
Statutes, and may proceed to prosecute such violation o f the law
as therein provided. The ch ief and all district inspectors shall
have authority, the same as is vested in the truant officer o f any
school district, to enforce school attendance o f any child found
violating the school laws, or, he shall make complaint o f such
violation to such truant officer or to the clerk o f the board o f
education in said district.
Approved February 28, 1908.
Mine regulations— Blasting.
(Page 55.)
S ection 1. No blasting pow der or other explosives shall be
stored in any coal mine, and all powder sold to miners by the keg
shall be packed in kegs w hich have an opening at the edge tw o
inches in circum ference, and that can be conveniently opened to
avoid the dangerous use o f picks to open the sa m e; and no w ork
man shall have at any one time more than one 25-pound keg o f
black pow der in the mine, nor m ore than three pounds o f high ex
plosives; and no explosive shall be taken into or out o f any part
o f the mine in mine cars propelled by electric p ow er; and no
person shall keep blasting powder, or explosives, dangerously near
the electric w ire or power cable in any part o f the mine where
electric w ires are in use.
Boxes to be
(a .) Every person who has pow der or other explosives in a
eked.
mine, shall keep it or them in a wooden or m etallic box or boxes,
securely locked, and said boxes shall be kept at least five feet
from the track, and n o tw o pow der boxes shall be kept within
twenty-five feet o f each other, nor shall black pow der and high
explosives be kept in the same box.
Opening box.
(b .) W henever a workm an is about to open a box or keg con
taining powder or other explosives, and w hile handling the same,
he shall place and keep his lamp at least five feet distant from
said explosive and in such position that the air current can not
convey sparks to it, and no person shall approach nearer than five
feet to any open box containing pow der or other explosives with
a lighted lamp, lighted pipe or other thing containing fire.
Tamping
(e .) In the process o f charging and tamping a hole, whenever in
laL§e*
the opinion o f the mining department this becomes necessary, the
needle used in preparing a blast shall be made o f copper and the
tamping bar shall be tipped w ith at least five inches o f copper.
No coal dust nor any material that is inflammable, or that may
create a spark, shall be used fo r tamping, and some so ft m aterial
must alw ays be placed n ext to the cartridge or explosive.
Firing shots,
(d .) A miner w ho is about to fire a shot w ith a m anufactured
squib shall not shorten the match, saturate it w ith mineral oil nor
ignite it except at the extrem e en d; he shall see that all persons
are out o f danger from the probable effects o f such shot, and i f it
be a rib shot, he shall n otify the person or persons w orking next
to him on said rib before said shot, and shall take measures to
prevent anyone approaching by shouting “ fir e ” immediately be
fore lighting the fu s e ; no person shall return ter a missed shot
until five minutes have elapsed. And when it is necessary to tamp
dynamite, nothing but a wooden tamper shall be used.
Violations.
S e c . 2. Any person violating any part o f this act, shall be
deemed guilty o f a misdemeanor, and upon conviction be fined, not
more than one hundred dollars, nor less than five dollars, at the
discretion o f the court.
Approved A pril 3, 1908.
Powder.
LABOR LAW S— OHIO— ACTS OF 1908,
705
Railroads— Contracts with relief associations.
(Page 71.)
S ection 1. Section 3270 o f the Revised Statutes o f Ohio, [shall]
be amended to read as fo llo w s :
Section 3270. * * * No railroad company now existing, or Contracts of
hereafter created, under and by virtue o f the laws o f this State or bidden.6 1 for'
o f any other State or country, and having and operating a line o f
railw ay in this State, may establish or maintain or assist in estab
lishing or maintaining any relief association or society, any o f the
rules or by-laws o f w hich shall require o f any person or em ployee
becom ing a member thereof to enter into a contract, agreement
o r stipulation, directly or indirectly, whereby such person or em
ployee shall stipulate, or agree to surrender or w aive any right
o f damages against any railroad company for personal injuries
or death, or whereby such person or employee agrees to surrender
o r waive, in case he asserts such claim fo r damages, any right
whatever.
Approved A pril 8, 1908.
F ire escapes, etc., on factories.
(Page 83.)
S ection 1. Section 2573 o f the Revised Statutes, as amended
A pril 19, 1883, shall be so amended as to read as fo llo w s :
Section 2573. It shall be the duty o f any owner or agent fo r Exits to b e
ow ner o f any factory, workshop, tenement house, inn, or public house, Providedi f such factory, workshop, tenement house, inn, or public house be
m ore than tw o stories high, to provide convenient exits from the
different upper stories o f said building, which shall be easily ac
cessible in case o f fire, * * * and it shall be the duty o f any
owner or agent fo r owner o f an y factory, workshop, tenement
house, inn, or public house, i f such factory, workshop, tenement
house, inn, or public house, be more than three stories high, in
addition to the provisions governing three-story buildings, to
provide a life-saving device or net, w hich shall be approved by Nets, etc.
the fire ch ief o f the city, or village in w hich such factory, w ork
shop, tenement house, inn, or public house is situated, or i f an y
such building be situated outside o f the city or village, said life
saving device or net herein provided fo r shall be approved by the
state inspector o f workshops and factories; that said life-saving
device or net shall be kept on the first floor at or near the entrance
o f said factory, workshop, tenement house, inn, or public house.
Approved A pril 9, 1908.
Mine regulations.
(Page 106.)
S ection 1. Section 290 [shall] be supplemented by the enact
ment o f section 290b and sections 290a, 292, 294, 296, 297, 298, 299
and 301 o f the Revised Statutes o f Ohio, are hereby amended,
so as to read as fo llo w s :
Section 290b. In addition to the qualifications provided fo r in
inspector to
section 290 o f the Revised Statutes, any person hereafter a p - De exPenence •
pointed ch ief inspector o f mines must have had at least five years
actual practical experience in mining in the State and have a
knowledge o f the uses and dangers o f electricity as applied in
mines.
Sec. 290a. [T h is section is amended by providing fo r the ap- i n s p e c t o r s
pointment o f five instead o f two additional district inspectors, and and districts,
the division o f the State into ten instead o f seven districts.]
Sec. 292. [T h is section is amended so as to require inspection o f Frequency of
all mines n ot less than once every three months.]
inspection.
706
B U L L E T IN OF T H E B U BEA U OF LABOB.
Office of in
spector.
Sec. 294. The ch ief inspector shall have an office in the statehouse, in w hich shall be carefully kept the maps and plans o f all
mines in the State, and all records, correspondence, papers, ap
paratus and property pertaining to his duties, belonging to the
Of d i s t r i c t State, and shall be handed over to his successor in office; the dis
inspectors.
trict inspectors shall keep their offices in such place in their
respective districts, as w ill be most central and convenient to the
m ining region o f their respective districts, and shall keep and pre
serve in their offices all maps, plans, surveys and other papers be
longing to their offices, in such manner as shall be o f easy access
and convenient reference to persons entitled to examine them.
Salaries, etc. The district inspectors shall receive an annual salary o f twelve
hundred dollars ($1,200) per annum, and all necessary and legiti
mate expenses incurred by them in the discharge o f their duties, to
be approved by the ch ief inspector not to exceed sixty-five dollars
per month fo r each inspector, itemized statements o f w hich ex
penses shall be filed w ith the auditor o f state, and the ch ief
Inspector shall receive the same salary a s is now provided fo r
inspector o f mines under section tw elve hundred and eighty-four
o f the Revised Statutes, and in addition thereto all his neeessary
and legitimate expenses incurred by him as ch ief inspector, not
to exceed sixty-five dollars per month, itemized statements o f
w hich expenses shall be filed w ith th e auditor o f sta te : Provided ,
however, That any public officer who knowingly accepts any pay
ment from any mine inspector fo r political purposes shall forfeit
h is office and any person who accepts any contribution o f money
o r any thing o f value from any mine inspector fo r use in any
political campaign or fo r any campaign purpose shall be guilty
o f a misdemeanor and upon conviction thereof shall be punished
by imprisonment in the county ja il not more than six months.
Maps and
Sec. 296. [This section is amended by the insertion o f the
plans.
w ords “ fo r each vein ” in the clause requiring the furnishing o f
a map or plan o f the w orking o f any mine having an excavation
o f not less than fifteen thousand cubic yards.]
Sec. 297. [T h is section is amended by the insertion o f the fo l
low ing new matter after the sentence, “ The cage or cages, and
other means o f egress shall a t all tim e[s] be available fo r the
persons employed, where there is no second o u tle t” :]
Miners to be
And fo r thirty minutes before tim e to hoist coal in the morn
hoisted.
ing, and fo r thirty minutes after quitting time, the men shall
have the right to be lowered, and hoisted out on the cages, and
when the stock is taken down, in the m orning and hoisted out
after quitting time then the men shall be allow ed every other cage
w ith the drivers and when six or m ore shall desire the cage the
Shaft men. same right shall apply. A t every shaft operated by steam power,
the operator must station at the top and at the bottom o f such
shaft a competent man, charged w ith the duty o f attending to
signals, preserving order and enforcing the rules governing the
carriage o f men on cages. Said top man and bottom man shall be
at their respective posts o f duty at least thirty minutes before the
hoisting o f coal begins in the morning, and remaining fo r thirty
minutes after hoisting coal ceases fo r the day.
Ventilation.
Sec. 298. The owner or agent o f every coal mine, whether
shaft, slope or drift, shall provide and m aintain fo r every such
m ine an amount o f ventilation o f not less than 100 cubic feet, per
minute, per person, employed in such mine, w hich shall be circu
lated and distributed throughout the mine in such manner as to
dilute, render harmless and expel the poisonous and noxious gases
from each and every w orking place in the mine, and no w orking
place shall be driven more than sixty feet in advance o f a break
through, or air w a y ; and all break throughs, or air ways, except
those last made near the w orking faces o f the mine shall be closed
up and made air-tight by brattice and trapdoors and all such brat
tices in the main inlet and the main outlet fo r air shall be built
In a substantial manner as may be authorized by the state mine
inspector or his deputy w ith brick and cement, and all other places
that the mine inspector may deem it necessary shall be built w ith
707
LABOR LAW S— OHIO— ACTS OF 1908,
tlie same material, so that the currents o f air in circulation in
the mine may sweep to the interior o f the mine, where the per
sons employed in such mine are at work, and all mines governed
by the statute shall be provided w ith artificial means o f produc
ing ventilation, such as forcin g or suction fans, exhaust steam,
furnaces or other contrivances, o f such capacity and power as to
produce and maintain an abundant supply o f air, and all mines
generating fire damp shall be kept free from standing gas and
every w orking place shall be carefully examined every morning
with a safety lamp, by a competent person or persons, before any
o f the workm en are allow ed to enter the mine, and when working
places are discovered in which accum ulations o f gas exist, he shall
place a conspicuous m ark thereat as notice to all men to keep out
until such places shall have been -made safe, and at once report
his finding to the mine boss. A ll underground entrance[s] to any
places not in actual course o f w orking or extension shall be
properly fenced across the whole w idth o f such entrances so as
to prevent persons from inadvertently entering the same.
Sec. 299. [T h is section is amended by the insertion o f the fo l
low ing new matter relative to cages fo r h oistin g:]
And no cage having an unstable or self-dum ping platform shall
be used fo r the carriage o f men or materials unless the same is
provided w ith some convenient device by which said platform
can be securely locked.
Sec. 301. [T h is section is amended by the insertion o f the fo l
low in g new matter relative to ventilating doors at w hich at
tendants are requ ired :]
And places fo r shelter shall be provided at such doorw ays to
protect the attendants from being injured by the cars, or other
wise, w hile attending to their duties.
Approved A pril 15, 1908.
Cages,
Shelter holes,
Manufacture, etc., of explosives.
(Page 211.)
S ection 1. Each person, partnership or corporation w ithin the
Applications
State o f Ohio engaged or engaging in manufacturing, h an d lin g of statute,
or storing gunpowder, blasting powder, dynamite, nyalite, jovite,
dynalite, masurite, fulminates, nitroglycerin, any nitro explosive
compound, any chlorate o f potash explosive compound, any picric
acid explosive compound, or any other explosive substance, shall
file w ith the ch ief inspector o f workshops and factories, upon
blanks furnished by him upon application, a com plete statement statement reo f the location o f such factory, storehouse or magazine ow ned or quired.
controlled by such person, partnership or corporation, together
w ith the kind and character o f the explosive substance or sub
stances manufactured, handled or stored and intended to be manu
factured, handled or stored thereat, the quantity stored or kept
on hand and the quantity intended to be stored or kept on hand,
the number o f persons employed at each factory, storehouse or
m agazine and the number o f persons intended to be employed
thereat, and the distance w hich such factory, storehouse or maga
zine is located or w ill be located from the nearest factory, w ork
shop, mercantile or other establishment, occupied dwelling, church,
schoolhouse, building in w hich people are accustom ed to assemble,
railroad or public highway.
S ec . 2. Such statement, when filed, shall be submitted by the statement to
chief inspector o f workshops and factories, for examination, cor- he filed,
rection and investigation, to the district inspector o f explosives,
w ho shall make a personal examination o f each such factory,
storehouse or magazine, and i f such site, factory, storehouse or
magazine is found to be located at a safe distance from the near
est factory, workshop, mercantile or other establishment, occupied
dwelling, church, schoolhouse, building in which people are ac
custom ed to assemble, railroad or public highway, and to be so
20092— No. 85— 10------ 17
708
BULLETIN OF TH E BUREAU OF LABOR.
planned and managed as to insure as great safety as is consistent
w ith the nature o f the business, and if the facts required in such
statement are fu lly set out therein, and found to be true, then the
Certificates. chief inspector o f w orkshops and factories shall grant a certificate
approving the plans and location o f such factory, storehouse or
magazine as set forth in such statement.
Term o f cer
S ec. 3. Such certificate shall remain good and in force from the
tificate.
date of issue, except when otherwise ordered for cause by the chief
inspector o f workshops and factories, and such certificate will be
come void and a new statement and certificate shall be required of
such person, partnership or corporation whenever any change is
made in the manufacturing, handling or storing of such explosives
as to the location o f any factory, storehouse or magazine, or as
to the kind or character o f explosives manufactured, handled or
stored, or whenever the number of men employed or the amount
of explosives manufactured, handled or stored becomes greater
than the number or amount designated in the last statement made
to the chief inspector o f workshops and factories.
Location o f
S ec. 4. No person, partnership or corporation shall m anufacture
factories.
gunpowder, blasting powder, dynamite, nyalite, jovite, dynalite,
fulminates, nitroglycerin, nitro explosive compounds, chlorate o f
potash explosive compounds, picric acid explosive compounds, or
any other explosive substance, or store a quantity o f the same
exceeding one hundred ( 100) pounds, w ithin the lim its o f any
m unicipal corporation, o r within sixty (60 ) rods o f any factory,
workshop, mercantile or other establishment, occupied dwelling,
church, schoolhouse, or building in w hich people are accustomed to
assemble, or m anufacture the same w ithin ten ( 10 ) rods o f any
adjoining property not owned o r leased by such person, partner
ship or corporation : Provided , That the distance at w hich such
explosives may be stored w ith relation to the factories, workshops
and other buildings owned and used solely fo r the purpose o f
m anufacturing such explosives, as a part o f a m anufacturing plant
shall not be governed by the above provision as to distance but
shall be determined and regulated by the ch ief inspector o f w ork
shops and factories upon inspection o f the district inspector o f ex
plosives. No person, partnership or corporation shall m anufac
ture such explosives or store exceeding one hundred pounds o f the
Bonds.
same without giving bond in the sum o f five thousand dollars
($5,000) in each county in w hich such explosives are m anufac
tured or stored, w ith good and sufficient surety, to the county com
m issioners o f such county w ith such surety or sureties as shall be
approved by the judge o f the probate or common pleas court o f
such county, conditioned fo r the payment o f all damages that may
be caused to persons or property by reason o f any explosion o f
any o f said substances, or w ithout filing w ith the ch ief inspector
o f workshops and factories a sworn statement that such bond
has been approved and filed.
Transport a
S ec. 5. No person, partnership or corporation shall transport or
tlon.
carry any o f such explosives in any vehicle, railroad car, w ater
cra ft or other conveyance upon w hich any passenger fo r hire is
at the same tim e being conveyed, or in any vehicle, railroad ear,
w ater craft o r other conveyance, upon tw o sides and the rear o f
w hich there shall not be printed or placarded in plain and dis
tinct letters the w ords “ Explosives— Dangerous,” or carry any o f
such explosives in any box, keg, can or package upon w hich is not
clearly written or printed the w ords “ E xplosives— Dangerous,”
together w ith the name o f the explosive substance contained
therein.
Violations.
S ec. 6. W hoever, either as principal, or servant, agent or officer
o f such person, partnership or corporation, violates any provisions
o f this act, or manufactures, handles or stores any o f such ex
plosives at any tim e w ithout having first filed such bond and state
ment, or w ithout having at such time a valid certificate from the
chief inspector o f w orkshops and factories, obtained as provided
in section 1 [ 2 ] o f this act, shall be fined not less than one hun
dred dollars, nor more than one thousand dollars.
LABOR LAWS— OHIO-----ACTS OF 1908.
Sec. 7. Nothing in this act shall be held to apply to persons,
partnerships or corporations who store not to exceed twentyfive (25) pounds o f gunpowder or blasting powder in any one
place at one time, nor to the m anufacturing or storing o f drugs.
S ec . 8. It shall be the duty o f the ch ief inspector o f w ork
shops and factories and the district inspector o f explosives to
enforce the provisions o f this act.
Approved A pril 27, 1908.
709
Exemption.
Enforcement.
Commission on mine regulations.
(Page 321.)
A ppointS ection 1. The governor shall appoint a commission o f seven
citizens o f the State o f Ohio, three o f whom shall be practical ment.
miners or operatives in coal mines, three o f whom shall be owners
or operators o f coal mines, and one who shall be agreeable to
the first six appointed, who shall constitute a commission to
recom mend such changes in the laws as may be necessary or
advisable fo r the regulation o f coal mines in the State o f Ohio
and fo r the protection o f the health and lives o f operative^ in
such m in es; and in case a vacancy shall occur in said commission
the governor is authorized to fill the same.
Duties.
S ec . 2. Such commission shall inquire into the conditions sur
rounding the operation and conduct o f coal mines in the various
districts o f the State o f Ohio, w ith the view o f ascertaining
w hat provisions o f law would best promote and protect the health
and safety o f the miners and operatives therein and the mutual
interests o f the miners and operatives; and fo r this purpose ifc
shall hear representatives o f the miners and operatives in such
mines and the owners and operators o f such m in e s ,!;] such com
mission may employ an expert mining engineer and electrician at
a salary not to exceed ten ($ 10 ) dollars per day, and shall in
vite the fu llest and clearest presentation o f the view s of, all
persons interested in the operation o f coal mines in this State,
and shall have authority to send for persons and papers and
may personally investigate the conditions surrounding coal mines
in the various districts o f this State.
Report.
S ec . 3. Such commission shall be organized by the election o f
proper officers, and shall make its report to the governor for
transm ission to the general assembly as soon as it shall have
com pleted the investigations herein provided for, together w ith
its recom mendations o f changes in and additions to the existing
laws, w ith the bill or bills submitted fo r enactment, and its
reason therefor.
Meetings.
S ec . 4. The commission shall meet in the office o f the ch ief in
spector o f m ines and shall provide necessary stationery fo r its
use. It may employ a stenographer, w ho shall act as secretary
and w hose services shall be paid fo r out o f the money hereby
appropriated; and the commission shall have free access to the
rolls, books and records in all departments o f the State. The
Compe n s a commissioners shall each receive the sum o f five dollars per day
fo r the tim e actually employed in the w ork o f the commission, tion.
together w ith actual expenses incurred w hile traveling to and
attending meetings o r w hile engaged in the w ork o f the commis
sion. The sum ot five thousand dollars, or so much thereof as
may be necessary, to pay the same, be and it is hereby appropri
ated out o f any money in the treasury not otherwise appropriated,
to be paid upon the duly authenticated requisition o f the com
mission accompanied by vouchers showing the purposes fo r which
drawn, when approved by the governor.
Approved M ay 9, 1908.
710
BU LLETIN OF TH E BUREAU OF LABOR.
Mine regulations—Electric wires—Mining machines.
(Page 335.)
In s u la tio n o f
w ires.
Section 1. A fter three months from the passage o f this act, in
all mines in this State, where electricity is, or hereafter shall be
used, as a part o f the system, power, or means o f mining and pro
ducing the coal from any o f said mines, the owner or operator
o f every such mine shall cause all w ires conducting electricity in
and about said mines, to be carefully and thoroughly insulated
or protected in a safe manner as may be authorized by the state
mine inspector, or his deputy, so that persons or animals coming
in contact therewith w ill not be injured th ereby: Provided , how
ever, That trolley w ires or other w ires not capable o f insulation
shall be guarded by being placed at least three (3 ) inches deep
within a groove or in such other manner as may be authorized
by the state mine inspector, or his deputy, w hose duty it w ill be,
upon the w ritten request o f any mine owner, operator or person
employed in such mine, to investigate all such w ires that may be
incapable o f insulation and determine upon any proper method
o f guarding said w ires other than by means o f the aforesaid
grodve. And said inspector shall thereupon issue a certificate to
the owner or owners o f said mine, setting forth the method to be
employed in the guarding o f said wires, and keep a record o f the
sam e; thereupon w ithin thirty (30) days from date o f the certifi
cate, it shall be the duty o f the m ine ow ner or operator, to guard
such noninsulated w ires in the manner required in said certificate.
Sec. 2. In all mines where mining machines are used, each o f
Shields f 0 1machines.
said machines shall be equipped and provided w ith a sufficient
shield as may be authorized by the state mine inspector, or his
deputy fo r the protection o f those em ployed in or about the use
and operation th e r e o f; and said shield shall be kept in use con
stantly, w hile said machine is under operation.
Violations.
, S ec. 3. Any corporation or person violating the provisions of
section one of this act shall be fined not more than five hundred
dollars, nor less than one hundred dollars; and for the violation
of section two o f this act not more than one hundred dollars.
Approved May 9, 1908.
Examination and licensing of steam engineers.
(Page 478.)
[T h is act amends certain sections o f the law on this subject
Districts and
examiners.
(sections 4364-89m, 4364-89n, 4364-89p, Bates’ Annotated Stat
u tes), by dividing the State into ten instead o f eight inspection
districts, providing fo r the appointment o f an assistant ch ief
examiner and ten district examiners instead o f eight district
exam iners only, as previously. The office force and salaries are
also increased.]
OKLAHOM A.
ACTS OF 1907-8.
Time to vote to he allowed employees—Protection as voters.
(Page 31G.)
A rticle V II.
Section 8 . Every corporation, firm, association or individual
Two hours to
he allowed.
who, on election day, has an elector employed or in his service,
and every foreman, superintendent or other person in charge o f
employees shall grant each o f said employees tw o hours o f time
during the period when the election is open in w hich to vote, and
i f such employee be in the county or at such distance from the
voting place that more than tw o hours are required in w hich to
attend such elections, then he shall be allow ed a sufficient time in
LABOR LAW S— OKLAHOM A-----ACTS OP 1907-8.
711
w hich to cast his ballot, and such corporation, firm, or associa
tion, individual, foreman, superintendent or other person in charge
o f such laborers, shall select the hours w hich such employees are
to be allow ed in w hich to attend such elections, and shall n otify
each o f the employees w hich hours they are to have in w hich to
vote, and any corporation, firm or association, individual, fore
man, or superintendent who fails to so n otify such employees as
herein provided, shall be deemed guilty o f a misdemeanor, and
upon conviction shall be fined not less than fifty nor more than
five hundred dollars fo r each elector whom they failed to so
notify, and any individual w ith such electors employed, or fore
man or superintendent, who fails to so n otify such employee,
shall in addition to said fine, be, upon conviction, imprisoned in
the county ja il not less than tw o nor more than six months.
S ec . 10. Any corporation, whether chartered under the law s o f I n f l u e n c i n g
th is State, or o f a foreign State, and w hich has been permitted vote.
to do business herein, which, through its officials, employees,
agents, attorneys, representatives or some other person or in any
other manner, directly or indirectly, influences or attempts to
influence, by bribe, favor, promise, inducement, threat, intim ida
tion, im portuning or beseeching to control the vote o f any em
ployee or other person shall be deemed guilty o f a misdemeanor,
and upon conviction shall be fined not less than five hundred nor
m ore than five thousand dollars, and the person or persons so
acting fo r such corporation in the violation o f this section shall
be deemed guilty o f a misdemeanor, and upon conviction shall
be fined not less than five hundred nor more than one thousand
dollars, and imprisoned in the county ja il not less than sixty nor
m ore than one hundred and twenty days. .
Acts of
Sec. 11. W hen any official, agent, attorney, or employee o f a
corporation has been shown to have violated the provisions of agents of cor
porations.
sections 9 and 1 0 o f this article, it shall be presumed that he was
acting for such corporation, and the burden shall be upon*1the
accused corporation to show that such official, agent, attorney1 or
employee was not acting for it or with its sanction.
Approved M ay 29, 1908.
F ire escapes on factories.
(P age 427.)
Fire escapes
S ection 1. * * * all bu ildin g[s] more than tw o stories in
height, used fo r m anufacturing purposes, * * * shall have required.
at least one fire escape fo r every thirty persons fo r w hich working * * * accom m odations are provided above the second
stories o f said buildings, * * *
S ec . 5. It shall be the duty o f the chief o f the fire department Enforcement*
in all cities and towns to visit all public buildings, hotels, lodging
houses and buildings described in section one hereof, and w hich
have and maintain fire escapes, at least once every three months,
and to investigate whether the provisions o f this act are duly
observed, and to report all violations o f the same to the city or
prosecuting attorney fo r prosecution. In cities or tow ns not hav
ing a ch ief o f fire department, it shall be the duty o f the marshal
to perform the duties imposed by this section.
Approved A pril 2S, 1908.
Commissioner of labor—State board of arbitration and concilia
tion— Employment offices—Inspection of factories, etc.
(P age 499.)
A rticle I.
S ection 1. The duties and scope o f the commissioner o f labor Commissioner
is to carry into effect all laws in relation to labor, passed by the of labor.
Duties,
legislature, in regard to the transportation, m echanical and manu-
712
Bond.
Assistant.
BULLETIN OF THE BUREAU OF LABOR.
facturing industries in the State; to supervise the w ork o f free
employm ent offices and factory inspection, and to make recom
m endations to the governor fo r appointments o f factory inspec
to r s; to collect, assort and systemize reports o f all persons,
firms or corporations required to report to the com m issioner o f
labor, and present the same to the legislature at the follow in g
session th ereof; to compile statistical detailed reports relating
t© the commercial, industrial, educational and sanitary conditions
o f the people included in the mining, transportation, m echanical
and m anufacturing industries o f the State. H e shall also give
bond o f approved security in the sum o f ten thousand ($ 10,000 )
dollars, the same to be approved by the governor, fo r the faith ful
perform ance o f his duties as defined by the law s passed by the
legislature.
S ec . 2. The commissioner o f labor is hereby authorized to ap
point an assistant at a salary o f fifteen hundred ($1,500) dollars
per annum, payable monthly, who shall act as his deputy if, by
reason o f sickness, absence, or fo r other cause, the commissioner
o f labor is tem porarily unable to perform the duties o f his office,
and said-assistant shall perform the duties o f the office o f com
missioner o f labor until such disability ceases, and said assist
an t shall act as secretary o f the board o f arbitration and concilia
tion, and it shall also be his duty, under the direction o f the com
m issioner o f labor, to collect, assort, systemize and com pile sta
tistical details and inform ation relating to all departments o f
labor in the State, especially in its relations to the commercial,
industrial, social, educational and sanitary conditions o f the
laboring classes and to the permanent prosperity o f the produc
tive industries o f the State. H e is also authorized to appoint
one stenographer at a salary o f nine hundred ($900) dollars per
annum, payable monthly.
A bticu s II.
Board of eonS ection 1. The governor shall, upon his ow n motion, appoint
arbitratioiu n a tw0 farm ers and on#e employer, and upon recom mendation o f the
commissioner o f labor, shall appoint one em ployer and tw o em
ployees, as hereinafter specified, by and w ith the advice and consent
o f the senate, and the six persons so appointed shall constitute and
be styled “ a State Board o f Arbitration and Conciliation.” I f a
vacancy should occur at any time on said board, the governor or
the commissioner shall appoint some suitable person to fill such
vacancy as in the first instance. Except the farm ers, said ap
pointments shall be made from the em ployers and em ployees who
shall have been, fo r a t least three years preceding said appoint
ment, engaged as employer or employee in the mining, transporta
tion, mechanical or m anufacturing industries o f the State. Each
member o f said board shall, before entering upon the duties o f
his office, be sworn to a faith ful discharge o f the same. T h e
hoard shall at once organize at the call o f the commissioner o f
labor who, by virtue o f his office, is chairman, and they shall, as
soon as possible, establish rules and procedure fo r the government
thereof. The assistant commissioner o f labor shall be secretary
o f said board.
A c t i o n by
S ec . 2. W henever it shall com e to the knowledge o f the state
board.
board o f arbitration and conciliation that a strike or lockout is
seriously threatened in the State, involving an employer and his
employees, i f he is em ploying not less than twenty-five persons,
it shall become the duty o f said board to put itself in com m unica
tion, as soon as may be possible, w ith such employers or employees,
and endeavor to persuade them to subm it the matter in dispute
to the said board.
Mayor, etc.,
Sec. 3 . j t shall be the duty o f the mayor o f any city, and the
o give notice. j ug^ ce 0f the peace o f any m unicipal township, whenever a strike
or lockout, involving more than twenty-five persons, shall be
threatened or has actually occurred w ithin o r near such city, or
in such m unicipal township, to im m ediately com m unicate the faet
LABOR LAW S— OKLAHOM A— ACTS OP 1907-8,
713
to the state board o f arbitration and conciliation, stating the name
or names o f the employer or employers, and one or m ore em
ployees, w ith their post-office addresses, the nature o f the contro
versy or difference existing, the number o f employees involved,
and such other inform ation as may be required by the said board.
Heads of laIt shall be the duty o f the president or the chief executive officer b o r organiza
o f every labor organization o f w hich he is an officer, to imme tions.
diately com m unicate the fa ct o f such a strike or lockout to said
board, w ith such inform ation as he may possess touching the
differences or controversy and the number o f employees involved.
Strikes a f
S ec. 4. W henever there shall exist a strike or lockout wherein,
f e c t i n g the
in the judgm ent o f a m ajority o f said board, the general public public.
shall appear likely to suffer in ju ry or inconvenience by reason o f
said strike or lockout, and neither party to such strike or lock
out shall consent to submit the matter or matters in controversy
to the state board o f arbitration and conciliaion in conform ity
w ith this act, then said board, after first having made due effort,
having failed, may proceed o f its ow n motion to make an investi
gation o f all facts bearing upon such strike or lockout and make
to
public its findings, w ith such recommendations to the parties in beFindings
published.
volved as, in its judgment, w ill contribute to a fa ir and equitable
settlement o f the differences w hich constitute the cause o f the
strike or lo c k o u t; and in the prosecution o f such inquiry the board
shall have power to issue subpoenas, and when, after the service
o f such subpoena, the party so subpoenaed fails and refuses to
appear before said board, the said board shall certify such fact,
together w ith the name o f the person subpoenaed, to the district
court having jurisdiction o f the person subpoenaed, and said court
shall thereupon issue its subpoena requiring the party subpoenaed
to appear at such time as may be stated in the subpoena to give
such testim ony as may be required, and upon a failure o f the
party to answer said subpoena so issued out o f said district court,
said district court shall proceed as provided by law in cases o f
contempt. A ny member o f said board may administer oaths in
all matters pertaining to the duties o f said board.
C om pensa
S ec. 5. Each member o f said board shall serve only when
needed and shall receive a salary of five dollars per diem and tion.
necessary traveling expenses when so serving, to be paid out of
the treasury of the State out of any appropriation therefor, upon
vouchers approved by the governor.
S ec . 6 . A ny notice or. process issued by the state board o f ar Notices a n d
bitration and conciliation shall be served by any sheriff o r con process.
stable to whom the same may be directed or in whose hands the
same may be. placed for service.
S ec. 7. W hen the said state board of arbitration and concilia I n ju n c t io n s
against board.
tion is actually engaged or is about to be engaged in the perform
ance o f the duties required by this act, no order o f injunction can
lie against said board from any court of this State except the
supreme court, and the order of injunction, if granted, shall not
be made final until said supreme court, by competent evidence, is
satisfied that the said board of arbitration and conciliation is
abusing or transgressing the privileges allowed and the duties re
quired of said board under this act.
A rticle III.
S ection 1. The commissioner o f labor shall maintain, in con F r e e public
employment of
nection w ith his office, a free employment bureau, to be known as fice.
the Oklahoma Free Employment Bureau, fo r the purpose o f receiv
ing and filing applications o f persons seeking employment and
applications o f persons seeking to employ labor. The commis
sioner o f labor shall appoint a superintendent o f said free employ
ment bureau, w ho shall receive a salary o f tw elve hundred
($ 1,200) dollars per annum, and his tenure o f office shall be during
the term o f the commissioner o f labor, unless sooner removed fo r
cause.
714
D u t i e s of
BULLETIN OF TH E BUREAU OF LABOR,
Sec. 2. The superintendent o f said free employment bureau shall
superintendent. preserVe a record in books, kept fo r that purpose, names o f all
persons applying fo r employment or help, designating opposite
the names and addresses o f each applicant, the character o f emRegisters.
ployment or help desired. Separate registers fo r applicants fo r
employment shall be kept, showing the names o f all persons ap
plying fo r employment or help, designating opposite the names and
addresses o f each applicant the character o f employment or help
desired, and in such register shall show the age, sex, nativity,
trade or occupation o f each applicant, the cause and duration o f
nonemployment, w hether m arried or single, the number o f de
pendent children, together w ith such other facts as may be re
quired by the commissioner o f labor to be secured by said office:
Provided, That such statistical and sociological data as the com
missioner o f labor may require, shall be held in confidence by said
office and so published as not to reveal the identity o f an yone:
And provided further, That any applicant who shall decline to
furnish answer to the questions contained in special registers shall
not thereby fo rfe it any rights to any employm ent the office might
secure.
Employers to
S ec. 3. It shall be the duty o f the superintendent o f the free
be
communi- employment bureau to im mediately put him self in communication
eated witn.
w ith the principal manufacturers, merchants and other employers
o f labor, and to use all diligence in securing the cooperation o f
said employers o f labor with the purposes and objects o f said em
ployment bureau. T o this end it shall be competent fo r such
superintendent to advertise, under the direction o f the commis
sioner o f labor, in the columns o f newspapers, or other medium,
fo r such situations as he has applications to fill, and he may ad
vertise in a general w ay for the cooperation o f large contractors
and employers in such trade journals or special publications as
reach such employers, whether such trade or special jou rnals are
published in Oklahoma or not.
Fees proSec,, 4 ..No fee or compensation shall be charged or received,
hibited.
directly or indirectly, from persons applying fo r employm ent or
help, through said free employment bureau.
Definitions.
S ec. 5. The term “ applicant fo r employment,” as used in th is
act, shall be construed to mean any person seeking w ork o f any
law fu l character, and “ applicant fo r h e lp ” shall mean any per
son or persons seeking help, in any legitim ate enterprise; and
nothing in this act shall be construed to lim it the meaning o f the
term “ w o r k ” to manual occupation, but it shall include pro
fessional service and all other legitim ate service.
A rticle
rrivate em Eces™ent
Licenses
TV.
S ection 1. No person, firm or corporation in this State shall
operate or maintain a private employment agency fo r hire,
or w here a fee is charged to either applicants fo r employment or
fo r
w ithout first obtaining a license fo r the same from the
commissioner o f labor, and such license fee shall be five ($ 5 )
dollars. Every license shall contain a designation o f the city,
street and number o f the building in w hich the licensed party
conducts said employment agency. The license, together w ith a
copy o f this article shall be posted in a conspicious [conspicuous]
place in each and every employment agency. No agency shall print,
publish or paint on any sign, w indow or insert in any newspaper
o r publication, a name sim ilar to that o f the “ Oklahoma Free
Em ployment Bureau.” The comm issioner o f labor shall require
w ith each application fo r a license a bond in the penal sum o f tw o
hundred and fifty dollars w ith tw o or m ore sureties, to be ap
proved by said commissioner and conditioned that the obligor
w ill not violate any o f the duties, terms, conditions, provisions, o r
requirem ents o f this act. The said com m issioner o f labor is
authorized to cause an action or actions to be brought on said
bond in the name o f the State o f Oklahoma fo r any violation o f
any o f its conditions and they may revoke, upon a fu ll hearing,
LABOB LAW S— OKLAHOM A— ACTS OP 1907-8.
71$
any license whenever, in their judgment, the party licensed shall
have violated any o f the provisions o f this act.
It shall be the duty o f every licensed agency to keep a register, Registers.
in w hich shall be entered the age, sex, nativity, trade or occupa
tion, name and address o f every applicant. Such licensed agency
shall also enter into a register the name and address o f every person
who shall make application for help or servants, and the name and
nature o f the employment fo r w hich such help shall be wanted.
Such register shall, at all reasonable hours, be open to the inspec
tion and exam ination o f the commissioner o f labor or his agent.
W here a registration fee is charged fo r filing or receiving appli Fees.
cations fo r employment or help, said fee shall in no case exceed the
sum o f tw o dollars, fo r w hich a receipt shall be given, in w hich
shall be stated the name o f the applicant, the amount o f the fee,
the date, the name or character o f the w ork or situation to be
procured. In case the said applicant shall not obtain a situation
or employm ent through such licensed agency w ithin one month
after registration as aforesaid, then said licensed agency shall
forw ith [forthw ith] repay and return to such applicant, upon de Return of fee.
mand being made therefor, the fu ll amount o f the fee paid or
delivered by said applicant to said licensed agency, provided that
such demand be made within thirty days after the expiration o f
the period aforesaid.
Sec. 2. No agency shall send or cause to be sent any fem ale help Sending help
immoral re
or servants to any place o f bad repute, house o f ill fam e or to
sorts.
assignation house, or to any house or place o f amusement kept fo r
im m oral purposes. No such licensed agency shall publish or cause
to be published any false inform ation or to make any false prom ise
concerning or relating to w ork or employment to anyone w ho
shall register fo r employment and no licensed agency shall make
any false entries in the register to be kept as herein provided.
S ec . 3. It shall be the duty o f the commissioner o f labor to Enforcement.
enforce this article o f this act. W hen inform ed o f any viol&tibn
thereof it shall be his duty to institute crim inal proceedings % r
enforcement o f its penalties before any court o f competent ju ris
diction. Any person convicted o f a violation o f the provisions o f
this article o f this act shall be guilty o f a misdemeanor and shall
be fined not less than fifty dollars, nor more than one hundred
dollars fo r each offense, or be imprisoned in the county ja il for a
period not to exceed six months or both, at the discretion o f the
c o u r t: Provided , That any person or persons who shall send an y
fem ale help or servant to any place o f bad repute, house o f ill
fam e or assignation house or to any house or place o f amusement
kept fo r im m oral purposes, shall be guilty o f a felony and shall be
punished by a fine o f not less than one thousand dollars nor more
than five thousand dollars and be confined in the penitentiary not
less than tw o years nor more than ten.
Sec. 4. A private employment agency for hire is defined and Definition.
interpreted to mean any person, firm, or corporation engaged in
the occupation o f furnishing employment or help or giving in
form ation as to where employment or help may be secured or who
w ill display any employment sign or bulletin, or through the
medium o f any card, circular or pamphlet, offering to secure em
ploym ent or help, shall be deemed an employm ent agency, and
subject to the provisions h erein : Provided , That charitable organi
zations are not included.
Sec. 5. The commissioner o f labor shall, at the end o f each Quarterly re
quarter, make an itemized account o f all moneys received by him ports of fees,
fines, etc.
from fees and fines, under the provisions o f this article, and pay
the same into the state treasury.
A rticle V.
S ection 1. The governor shall, upon the recom mendation o f Factory in
the commissioner o f labor, by and with the consent o f the senate, spectora p p oin t.a factory inspector, whose duty it shall be to exercise
general supervision over the department o f factory inspection,
716
Duties.
BU LLETIN OF TH E BUBEAU OF LABOR,
under the direction o f the commissioner o f labor. T h e salary o f
the factory inspector shall be fifteen hundred dollars per annum
and he shall serve during the term o f the governor. It shall be
the duty o f th e factory inspector to visit.and inspect at all reason
able hours, not less than once in each year, the factories, w ork
shops, machine shops, foundries, laundries, m anufacturing estab
lishments in the State, and such other places where labor is em
ployed as the commissioner o f labor may designate and shall
make special investigation into the conditions o f labor or into any
alleged abuses in connection therewith, and shall perform such
other duties as now or shall hereafter be prescribed by law. Said
inspector shall, under the direction o f the commissioner o f labor,
collect, assort, systematize and compile, statistical details and
inform ation relating to all departments o f labor in the State. H e
shall report in w riting to the commissioner o f labor on the fif
teenth day o f M ay and the first day o f November o f each year,
and at such other tim es as the commissioner o f labor may require,
the result o f his inspection and investigation together w ith such
other inform ation and recommendation as he may deem proper.
It shall be the duty o f the county attorney o f the proper courfty
upon the request o f the state factory inspector, to prosecute any
violation o f law w hich it is made the duty o f the factory inspector
to enforce. In addition to the salary provided herein fo r the fa c
tory inspector he shall be allow ed his actual and necessary travel
ing expenses incurred in perform ance o f his duties in carrying out
the provisions o f this article.
Rules to be
Sec. 2. The superintendent of the state board of health, the
formulated.
labor commissioner, and the factory inspector shall formulate,
publish and enforce such rules as they may deem necessary for
the sanitary regulations of manufacturing institutions, factories
and workshops in this State.
Hours o f laS ec. 5. Every person, firm, or corporation, agent, or manager
bor to be p o s t-o f a corporation em ploying any fem ale in any m anufacturing esed, when.
tablishment, factory or workshop shall post and keep posted in a
conspicuous place in every room where such help is employed, a
printed or written notice, stating the hours o f each day o f the
week between w hich w ork is required o f such person, and every
room where children under sixteen years o f age are employed, a
list o f their names, ages and placets] o f residence.
Definition.
S e g . 6. The words, “ m anufacturing establishm ents ” “ factory ”
or “ w ork sh op ” whenever used in this act shall be construed to
mean any place w here goods or products a re m anufactured or
repaired, cleaned o r sorted in w hole or in part, fo r sale or fo r
wages.
Guards f o r
Sec. 7. The ow ner or person in charge o f a factory or any instichhmry.US ma tution where m achinery is used shall be provided w ith belt shifters
or other mechanical contrivances fo r the purpose o f throw ing on
or off belts on pulleys whenever practicable. A ll m achines shall be
provided w ith loose pulleys and all vats, pans, plainers [planers],
cogs, gearings, belting, shafting, set screws and 'machinery o f every
description shall be properly guarded. No person shall remove or
make ineffective any safeguard around or attached to any ma
chinery, vats, or pans, w hile the same are in use, unless fo r the
purposes o f im m ediately making repairs thereto and all such safe
guards so removed shall be prom ptly replaced. I f a machine or
any part th ereof is not properly guarded, the use th ereof may be
prohibited by the fa ctory inspector or deputy fa ctory inspector,
and notice to that effect shall be attached thereto, such notice
shall not be removed until the m achine is made safe and the re
quired safeguards are provided, and in the meantime such unsafe
or dangerous machinery shall not be used.
E levator
S ec. 8. I f in the opinion o f the factory inspector, it is necessary
shafts, etc.
to protect life or lim bs o f factory employee or employees in any
other institution, the owner, agent, or lessee o f such fa ctory or
institution w here any elevator, hoisting shaft or w ellhole is used,
shall cause, upon written notice from the factory inspector, the
same to be properly and substantially enclosed, secured or guarded,
LABOR LAW S---- OKLAHOM A— ACTS OF 1907-8.
717
and shall provide such proper traps or autom atic doors so fastened
in or at all elevator w ays except passenger elevators enclosed on
all side, as to form a substantial surface when closed or so con
structed as to open and close by the action o f the elevator in its
passage whether ascending or descending. The factory inspector
may inspect the cable gearing or other apparatus o f all elevators
in factories and require them to be kept in a safe condition. No
child under the age o f fifteen years shall be employed or permitted
to have the care, custody or management o f or to operate an ele
vator in a factory or in any other institution where a freight
elevator is operated.
S ec. 9. W hen in the opinion of the factory inspector, it is neces L i g h t i n g
sary, the workrooms, halls and stairs leading to workrooms shall halls.
be properly lighted.
Sec. 10. Proper and substantial hand rails shall be provided on
Stairways.
all stairw ays in factories. The stairs shall be properly screened
at the sides and bottom and all doors in or to such factory shall
be so constructed as to open outw ardly and shall not be locked or
bolted or fastened during w orking hours.
S ec. 11. There shall be provided in every factory, m anufactur Toilet rooms.
ing establishment or workshop, w here men and women are em
ployed, separate toilet and wash rooms.
Sec. 12. Such fire escapes as may be deemed -necessary by
Fire escapes.
the fa ctory inspector shall be provided on the outside o f every
fa ctory in this State, consisting o f tw o or more stories in height.
Each escape shall connect w ith each floor above the first, and
shall be o f sufficient strength, well-fastened and secured, and
shall have landings and balconies not less than six feet in length,
and three feet in height, embracing at least tw o w indows at each
story, and connecting w ith the interior by easily accessible and
unobstructed openings. The balconies or landings shall be con
nected by iron stairs not less than eighteen inches wide, w ith
steps not less than six inches tread, placed a t a proper slant
and protected by well-secured hand rails on both sides, and shall
have a drop ladder not less than tw elve inches wide, reaching
from the low er platform to the ground. The w indow s or doors
to the landing or balcony o f each fire escape sM ll be o f sufficient
size and located as far as possible, consistent w ith accessibility
from the stairw ays and elevator hatchways and openings and
a ladder from such fire escape shall extend to the roof. Sta
tionary stairs or ladders shall be provided on the inside o f every
fa ctory from the upper story as means o f escape in case o f fire.
Accidents to
Sec. 13. The person in charge o f any factory, shall report in
w riting to the factory inspector all accidents or injuries sustained he reported.
by any person therein, im mediately after the time o f the accident,
stating as fu lly as possible the extent and cause o f the in ju ry
and the place w here the injured person had been sent, w ith such
other inform ation relative thereto as may be required by the
fa ctory inspector, w ho may investigate the cause o f such acci
dent or in ju ry and order precautions to be taken as w ill in his
judgm ent prevent the recurrence o f sim ilar accidents.
S ec. 14. The owner, superintendent, manager or other person
Reports b y
in charge o f any establishment at the tim e o f inspection shall owners of es
tablishments.
be required to furnish the inspector making the inspection a
true statement o f the number o f persons employed in such estab
lishment, and any owner, superintendent manager or other per
son in charge w ho shall fa il or refuse to furnish such statement
or understate the number o f persons employed in such estab
lishment at the tim e o f such inspection shall be fined not less
than twenty-five dollars nor m ore than one hundred dollars
fo r each offense. Any person, firm or corporation, agent or
manager, superintendent or forem an o f any firm or corporation,
whether acting fo r him self or fo r such firm or corporation, o r
by him self through subagents or foreman, superintendent or man
ager, who shall refuse or attem pt to prevent the admission o f
any inspector authorized by this act, upon or w ithin the premises
o r buildings o f any such establishment or place included in this
718
BULLETIN OF TH E BUEEAU OF LABOR.
act, at any reasonable business hours o f the persons employed
therein or thereat or shall in any manner interfere w ith the
perform ance o f the official duties o f such inspector, shall be
deemed guilty o f a misdemeanor and upon conviction thereof
shall be fined not less than ten dollars nor m ore than one hundred
dollars fo r each offense.
Reports b y
S ec . 15. It shall be the duty o f every owner or operator or lessee
employers.
o f any factory, foundry or m achine shop or other m anufacturing
establishment, railroads, street railw ays, interurban railw ays, ele
vated railw ays or com m ercial and industrial institutions and
other mechanical m anufacturing institutions doing business in
this State, subject to the provisions o f this act, to report annually
on or before the first day o f March, to the commissioner o f labor,
the name o f the firm or corporation and the number o f members,
male or fem ale constituting the sam e; w here located, capital
invested in grounds, building and m achinery; class and value o f
goods m anufactured; aggregate value o f m aterial u s e [ d ] ; total
number o f days in operation; am ount paid yearly fo r rent, taxes
and in su ran ce; total amount paid in w a g e s; total number o f em
ployees, male and female, number engaged in clerical and manual
labor, w ith detailed classification o f the number and sex o f em
ployees engaged in each class, and children em ployed under the
age o f sixteen years, and average daily w ages paid in each.
Blanks.
Sec. 16. The commissioner o f labor is hereby authorized to fu r
nish suitable blanks to the owner, operator, manager or lessee
o f any factory, workshop, elevator, foundry, machine shop or any
other mechanical or m anufacturing establishment, to enable said
owner, operator, manager or lessee to
@FedFRASER