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B U L L E T IN
OF THE
BUREAU
No. 97.
OF L A B O R .
WASHINGTON.
N ovem ber,
1911.
REVIEW OF LABOR LEGISLATION OF 1911.
B Y LINDLEY D. CLARK, A . M ., LL. M .
INTRODUCTION.
The present is the third annual review o f labor legislation sum
marizing laws enacted at the sessions of the various legislative bodies
o f the United States since January 1, 1908. Earlier laws are pre
sented in the Twenty-second Annual Report of the Commissioner
o f Labor, the legislation o f 1908 and 1909 being presented in Bulle
tin No. 85, and that o f 1910 in Bulletin No. 91. Following this
review in the present Bulletin the laws o f 1911 ap'pear, besides laws
enacted by the legislatures o f Georgia, Texas (extra session), and
Vermont in 1910, which were not available at the time of the publica
tion o f Bulletin No. 91. Including the National Congress, there
were 44 legislative bodies in session in 1911, of which 42 passed laws
o f direct interest to labor.
The conspicuous feature of the legislation o f 1911 is the move
ment to substitute for the old rule o f employers’ liability a system
o f compensation or insurance, by means o f which persons suffering
from the consequences of industrial accidents shall receive a more
certain and equitable relief for themselves, or, in case of fatal in
juries, for those dependent upon them. This movement finds ex
pression not only in the enactment o f laws o f this nature, but also in
the continued provision for commissions to investigate the subject
o f such relief. The movement toward a uniform regulation o f the
employment o f children continues, while factory inspection and
mine regulation have received also a large amount o f attention. The
subject o f occupational diseases was considered by a number of legis
latures during the year, the State o f Illinois having taken the lead in
this direction by the appointment o f its commission in March, 1907;
in 1911, 6 States took steps to secure reports on this question. A
standard law providing for the dimensions, construction, and equip
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BULLETIN OF TH E BUREAU OF LABOR.
ment o f railway cabooses has been adopted by several legislatures,
and considerable attention has been given to other provisions for the
safety o f employees operating railway trains. Recent investigations
relative to the subject o f accident insurance have borne fruit in the
enactment o f uniform legislation in several States on this subject.
A law that results from recent mechanical developments is a provi
sion embodied in the laws o f a number o f States regulating the use
o f automobiles, requiring chauffeurs to be licensed, either with or
without previous examination. One State (Connecticut) has ad
vanced so far as to provide regulations for the new occupation o f
aviator. The results o f a general movement in favor o f making
Columbus Day or Discovery Day (Oct. 12) a legal holiday are appa
rent in numerous enactments to that effect.
In the review that follows attention will be given not only to the
contents o f the new legislation, but also, in some degree, to the
changes effected by the new laws.
COMMISSIONS.
Most numerous and most important of the various classes o f com
missions provided for by legislation in 1911 are those relating to
the subject o f employers’ liability and workmen’s compensation.
Such commissions were appointed in Colorado (ch. 231), Connecti
cut (sen. joint res: No. 248), Delaware (Joint Res., ch. 285), Iowa
(ch. 205), Michigan (act No. 245), New Jersey (ch. 241), North
Dakota (ch. 12), Pennsylvania (p. 917), Texas (Res., p. 274), and
West Virginia (sen. joint res. No. 22). The general purpose o f
these commissions is the same, i. e., to study the operation and effect
o f existing laws, local and in other States and countries, the indus
trial conditions, and the demands for additional legislation, and
to produce a report o f data and drafts o f bills. Except in Iowa,
no compensation is allowed the members o f these commissions, but
provision is made for their expenses, either by general legislation or
by the appropriation o f specific sums. Thus the Connecticut, Michi
gan, and New Jersey laws provide simply that expenses shall be
met; in Colorado, Delaware, North Dakota, and Texas, $1,000 is
appropriated as an expense fund, while in West Virginia the amount
o f $5,000, in Iowa o f $8,000, and in Pennsylvania o f $15,000, is
appropriated. In the State last named “ a skilled and experienced
investigator shall be the secretary o f the commission,” at a salary o f
$4,800 per annum.
The Massachusetts compensation commission o f 1910 is continued
(Resolves, ch. 110) until July 1, 1912, with directions to compile
data as to accidents to employees, and other pertinent information,
and report with a draft o f any bill which it may wish to recommend
before May 1, 1912. The Pennsylvania commission above referred
to is styled a commission on industrial accidents, with authority to
REVIEW OF LABOR LEGISLATION OE 1911.
871
inquire into the causes and results of industrial accidents o f all
kinds, making a report with recommendations in 1913. In this
connection may be mentioned the action o f the Federal Congress
authorizing the President to invite the International Congress on
Social Insurance to hold its next triennial meeting in the United
States (ch. 208, p. 1034, 36 Stat.). In regular order this congress
will be held in the year 1913.
More general in its scope is a law o f the New York Legislature
(ch. 561), which calls for a commission to investigate the conditions
o f labor employed in manufactures in “ so-called loft buildings and
otherwise in cities o f the first and second class,” with a view to secur
ing such legislation as will eliminate existing peril to life and health
and promote the best interests o f the community. A report in Febru
ary, 1912, is directed, and $10,000 is appropriated as an expense
fund. The same legislature (ch. 152) provided for the incorpora
tion o f the American Museum o f Safety, the objects of which are
to study and promote means and methods o f safety and sanitation
and their application to all occupations. A library, laboratory, lec
tures, exhibitions, and publications are the means designated for
use in this connection. The Massachusetts commission on the inspec
tion o f factories, etc., appointed* in 1910, to report in January, 1911,
had the time for its report extended (Resolves, ch. 10) and the addi
tional sum o f $1,200 appropriated for its expenses.
Commissions on mine regulations were appointed in Illinois (p.
65), Pennsylvania (p. 920), and Washington (ch. 123). Expenses
are appropriated in the two latter States, while in Illinois the sum
o f $10,000 is appropriated, a part o f which is to be used as com
pensation for three experts, who are to be neither owners nor mine
workers, while three members selected from each o f the latter two
classes are to serve without compensation. The Pennsylvania com
mission is to act solely with reference to the mining o f anthracite coal.
A ll the commissions are to give attention to safety and the prevention
o f accidents, while the Illinois commission is also charged with the
duty o f considering means o f conserving the coal deposits o f the
State. In each case the report called for is to be accompanied by
recommendations for legislation.
The subject o f the employment o f women and children is to be
considered by commissions in Connecticut (substitute for senate
joint res. No. 200), Delaware (Joint Res., ch. 284), and Massa
chusetts (Resolves, ch. 71). The Connecticut and Delaware commis
sions are to investigate existing conditions and report their findings
and recommendations to the next general assembly of their respective
States. The Delaware commission is to consider child labor only.
The Massachusetts commission has for its special duty to consider
and report on the advisability o f the establishment o f wage boards
to fix minimum wages for women and children in industry. Another
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BU LLETIN OF TH E BUREAU OF LABOR.
resolve o f the same State (ch. 64) directs the board o f education to
investigate the need and practicability o f part-time schooling, voca
tional and otherwise, for working children and the question of estab
lishing an apprenticeship system for children o f the ages o f 14 to 17.
The New Jersey Legislature (ch. 198) provided for a commission
on old-age insurance and pensions, whose duty it is to aid employers
and municipalities in establishing systems o f old-age insurance and
pensions or annuities for their employees. A secretary, at a salary
o f $850 per annum, is provided.for, and an expense fund of $350.
Annual reports are directed, as well as recommendations for legisla
tion deemed advisable, and the giving o f estimates for the costs o f
the succeeding year’s operations. The same State has a commission
o f immigration (ch. 362), appointed by the governor, to inquire into
the conditions, welfare, distribution, and industrial opportunities of
aliens in the State. This work is to be carried on without expense
to the State and a report to be made with recommendations for legis
lation. The cost o f living is made the subject o f investigation by
a New York commission (ch. 787), consisting o f 11 members, 6 of
whom are designated State officials, the other 5 being appointed
by the governor. Questions o f purity o f food, labeling, weights and
measures, production, distribution, and consumption are to be con
sidered, and $5,000 is appropriated as an expense fund, with instruc
tions to report in 1912. Massachusetts (ch. 607) has a homestead
commission consisting o f 4 designated State officials and 3 other
members appointed by the governor, one o f whom is to be a woman,
to draft a law for a plan for State aid to mechanics and laborers in
procuring homes in the suburbs o f cities and towns. The existing
commission o f this State on employment offices had its time for
reporting extended to January, 1912 (Resolves, ch. 94), and an addi
tional sum, not exceeding $1,000, may be expended. The question of
convict labor is directed to be investigated by a committee o f the
legislature, in accordance with a resolution o f the Ohio Legislature
(p. 734), with instructions to consider farm labor and the securing o f
the greatest practicable diversity o f healthful and productive employ
ment with the least possible competition with free labor.
REGULATION OF THE CONTRACT OF EMPLOYMENT.
O f the somewhat varied group o f laws considered under this
head, the one o f broadest application is that of Wisconsin (ch. 453),
which calls for an investigation o f contracts o f employment or the
rules laid down by employers for the government o f their workmen
on complaint o f any employee. The duty o f making such investiga
tions devolved by the statute upon the bureau o f labor and industrial
statistics, now superseded by the industrial commission (ch. 485), to
which the employers must furnish copies o f all contracts or agree
ments on demand. An annual report o f the facts disclosed by the
investigation is authorized.
REVIEW OE LABOR LEGISLATION OF 1911.
873
The question o f service letters or clearance cards is considered by
laws o f Indiana (ch. 178), requiring railroad companies to furnish
on request a statement o f the nature and character o f service of any
employee leaving service, and also, if discharged, a statement of the
cause o f discharge; and of Nebraska (ch. 60), which requires publicservice corporations and contractors doing business in the State to
furnish on request o f the employee a statement showing the nature
and length o f his service and the cause for his discharge or leaving
service. The use of printed blanks or paper containing any mark
other than that connected with the statements above specified is for
bidden by the Nebraska statute. The law o f Oregon (ch. 139) re
quires railroads to furnish a statement o f cause o f discharge to
bonded employees, failing which such employees may complain to the
railroad commission of the State, which shall investigate and furnish
a copy o f its report to the complainant.
The bond o f the employee is regulated by acts of the Legislatures
o f Arkansas (No. 166) and o f Idaho (ch. 228). These laws direct
that employees shall be left free to choose the company by which they
shall be bonded, that of Arkansas specifying that no nonresident
company shall be required unless it has an agent in the State. The
Idaho law prohibits the withholding of premiums for bonds from the
wages o f workmen, who are to be allowed to pay such premiums
freely and voluntarily.
Acceptance o f fees by superintendents or foremen for giving or
continuing employment to workmen on the work with which they
themselves are connected is forbidden by laws o f New Hampshire
(ch. 58), New Jersey (ch. 94), and Pennsylvania (ch. 746). The
Legislature o f Alabama (p. 93) again takes up the subject of fraudu
lent contracts, penalizing by a fine o f not over $300 the making o f a
written contract by a laborer or renter with intent to defraud, by
means o f which he obtains money or other personal property. False
representations in the employment of labor are penalized by statutes
o f Colorado (ch. 160), Nevada (ch. 154), New York (ch. 575), and
Wisconsin (ch. 364). False statements as to kind of work, the
amount o f compensation, sanitary conditions, and the general cir
cumstances are forbidden. Except in New York, misrepresentation
as to the existence o f strikes or other labor disputes is especially men
tioned; while in New York it is an offense to hold one’s self out as
able to furnish or secure employment without having had an order
therefor or having places to fill.
The Legislature o f Wisconsin enacted a new law (ch. 347) on the
subject o f apprenticeship, repealing existing statutes and regulating
the terms and conditions of apprenticeship, no term of which is to
be o f less than one year’s duration, or if the child is under 18 years
o f age, not less than two years’ duration. The contract must specify
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BULLETIN OF TH E BUREAU OF LABOR.
the hours o f labor and o f instruction, which shall not exceed 55 per
week, o f which at least 5 must be devoted to instruction in educa
tional subjects and the use o f safety appliances.
An incident attached to the relation o f employer and employee
by acts o f the legislatures of Arkansas (No. 19) and Idaho (ch. 60)
is the requirement in the former State that all employers shall
furnish the names o f their workmen to tax assessors, etc., instead
o f only employers operating mills, mines, and manufacturing enter
prises, as under an earlier law ; while in the latter State the em
ployers are made directly liable for the road poll taxes o f their em
ployees on notice. Taxes paid under such notice may be withheld
from the wages o f workmen employed for two weeks or more, and a
receipt therefor exempts the workman from a similar deduction
during the current year.
A New York statute (ch. 625) punishes kidnapping, including the
holding o f another as a slave or to service against his will, the pen
alty being imprisonment o f not over 10 years i f the kidnapper is a
parent o f the person so held, or imprisonment o f not less than 10
nor more than 50 years i f he be not a parent.
BLACKLISTING, INTERFERENCE WITH EMPLOYMENT, ETC.
The Connecticut law (ch. 163) requires that any list kept by
persons, corporations, or associations, showing the character, skill,
acts, or affiliations o f any person, shall be open to inspection by the
person affected. A ll items are to be clearly stated, and the name
and address o f any person keeping such list and o f all subscribers
thereto must be furnished to the commissioner o f labor and by
him recorded and kept accessible to public inspection. This does
not apply to charitable organizations, employment offices, credit asso
ciations, nor the private records o f employers.
An act o f the Legislature of Hawaii (No. 69) makes the interfer
ence o f third parties with persons under contract of employment
for a specified time a ground for an action for damages, and an
attempt to entice from employment may be enjoined; a second act
(No. 70) makes the enticing o f such workmen a misdemeanor.
EXAMINATION AND LICENSING OF WORKMEN.
As mentioned in the introduction, the regulation o f the employ
ment o f chauffeurs received attention in a number o f States in con
nection with the regulation o f the use o f motor-driven vehicles on the
public highways. In general, a minimum age o f 18 years is pre
scribed for the holders o f licenses, while conditions o f physical ca
pacity, and in some cases the nonuse o f alcoholic liquors to excess
and tests o f knowledge and skill, are prescribed. In some States,
however, the license is issued merely on affidavit o f ability to operate.
Licenses are usually renewable annually on the payment o f a fee,
REVIEW OP LABOR LEGISLATION OF 1911.
875
commonly o f $1 or $2, though in New York there is a fee o f $2 for
examination and o f $3 for a license, with an annual renewal fee o f
$2, The States enacting new laws or making important amendments
in th4ir laws on this subject are Alabama (p. 634), Arkansas (act
No. 134), Connecticut (ch. 85), Illinois (p. 487), Maine (ch. 162),
Minnesota (ch. 365), Missouri (p. 322), New Hampshire (ch. 133),
New York (ch. 491), Oregon (ch. 174), and West Virginia (ch. 32),
A Connecticut statute (ch. 86) provides for the licensing o f aviators,
fixing the minimum age at 21 years, providing for examination, and
for three classes o f operators—one for spherical balloons, one for
dirigibles, and one for machines heavier than air. Another instance
o f the development o f new laws o f employment is found in the law
o f New York (ch. 252) requiring that operators o f moving-picture
machines shall be at least 21 years o f age, shall have served an ap
prenticeship for six months, and shall pass a practical examination
for the securing o f a license which permits them to engage in their
occupation. The Legislature o f Massachusetts (ch. 656) directs a
practical examination for operators o f hoisting machinery where the
motive power used is other than steam, the license issued to be in
force until suspended. The law o f this State relative to the ex
amination and licensing o f stationary engineers and firemjen is
amended (ch. 562) in Several details, among which are provisions
describing the amount o f experience necessary prior to the issuing
o f various classes o f licenses and describing the kinds o f work these
licenses permit; the rating o f boilers is also provided for. A
Georgia statute (p. 112, Acts o f 1910) authorizes county commis
sioners, or ordinaries, if there be no county commissioners, to appoint
boards o f examiners and require the examination and licensing o f
operators o f engines and boilers. This law is not mandatory, how
ever, but only permissive.
The Legislature o f Arkansas (act No. 285) enacted for cities o f
the first and second class a statute governing the examination and
licensing o f plumbers by local boards. Successful applicants for a
license are to pay $5 for a license valid for five years and renewable
without fee. The Legislature o f Pennsylvania modified its law on
the same subject (p. 680), authorizing the director o f the depart
ment o f public health and charities in any city o f the first class to
appoint an examining board for master and journeyman plumbers
desiring to work within the city. The fee for master’s certificate
is $5, while for that o f a journeyman it is 50 cents. Annual renewals
are required, for which no examination is necessary, masters paying
$1 and journeymen 25 cents for such renewal. An Indiana statute
(ch. 276) prescribes an examination by a county board o f mine ex
aminers o f all miners employed in mines employing 10 or more
miners. Each miner must have a certificate from this board unless
876
BULLETIN OF THE BUREAU OF LABOR.
he works in a room with or under the direction o f a certified miner,
and for this latter employment he must have a permit from the
board. Two years’ experience and the passing o f a practical ex
amination are the prerequisites to the issuance o f a certificate unless
one has been continuously employed as a miner for two years or
holds a certificate issued by the proper authorities o f another State.
The Connecticut statute relative to the licensing o f barbers is modi
fied by an act (ch. 100) which permits the issuance o f a license to
barbers licensed in other States on the payment o f a registration fee
o f $1 without examination.
Though only remotely connected with the above classes of employ
ment, there may be mentioned here an act o f the Legislature o f Dela
ware (ch. 180) exempting persons selling goods of their own manu
facture from the obligation o f securing a peddler’s license in order
to engage in such sale.
PUBLIC SERVICE.
Several statutes were passed affecting employees in public service,
either general or in specified branches. Thus in Oregon (ch. 266)
the State printing office is required to pay the rate o f wages customary
in the State without premiums or bonus unless special permission is
granted by the State printing board. A Massachusetts statute (ch.
541) fixes the rate of wages o f employees of the metropolitan park
commission and the metropolitan water and sewerage board at a
minimum o f $2.25 per day; while in Colorado the employment o f
labor on a tunnel to be constructed by the State is regulated (ch. 221)
by a provision fixing the hours o f labor at 8 per day and the minimum
wage at $3 per day, and prescribing that sanitary conditions shall be
observed. Labor on this tunnel is to be obtained either by voluntary
application or through the free public-employment office o f the State.
A New Jersey statute (ch. 88) relates to the time o f the payment of
wages o f employees o f counties, directing all counties o f the first class
to pay their employees twice monthly. A concurrent resolution o f
the California Legislature (Resolutions, ch. 25) ratifies an amend
ment to the charter o f the city o f San Francisco fixing the hours of
labor on public works at 8 per day and the minimum wage rate
at $3. The Pennsylvania Legislature (joint res. No. 4) proposes
an amendment o f the constitution which will authorize the legislature
to fix the wages, salaries, and hours o f work or labor, and to provide
for the protection and safety of employees o f the State or its munici
palities, or o f contractors or subcontractors in behalf o f the same.
The 8-hour day for employment on public works is a subject o f
legislation in a number o f States. Thus in Idaho (ch. 131) work in
excess of 8 hours is to be paid for on the basis o f 8 hours being a
day’s work; current rates o f wages are to be paid. The New Jersey
statute (ch. 243) requires that all mechanics, workmen, and laborers
REVIEW OF LABOR LEGISLATION OF 1911.
877
employed by or on behalf o f the State for any o f its municipalities
or by contractors or subcontractors shall not be required to work
more than 8 hours unless in emergency, in which case extra pay is
to be allowed for the overtime work. The Wisconsin statute on the
subject is amended (ch. 171) by requiring that contracts must stipu
late the 8-hour day for workmen employed thereunder and restricts
the use o f the term “ extraordinary emergency ” to the protection o f
property or life from the public enemy, fire, flood, or storm. A
statute o f Connecticut (ch. 282) prescribes 8 hours as the limit o f a
day’s work for engineers, firemen, and mechanics employed in State
institutions. The naval appropriation act o f the United States Con-'
gress (ch. 239) provides for the construction o f certain vessels and
hulls and requires that the 8-hour day shall be observed in all work
performed in connection therewith. The appropriation act for the
postal service (ch. 241), in providing for the payment o f letter car
riers, directs that none o f the money appropriated shall be used to pay
those carriers who work more than 48 hours in 6 working days o f
the week except the first 5 and last 15 days o f each year. Massachu
setts makes the adoption o f the 8-hour law optional with the munici
palities, and by a statute enacted this year (ch. 494) directs the observ
ance o f the 8-hour law by contractors and others doing work for the
State or for any municipality that has adopted the 8-hour day. Pro
vision is made for emergencies, and the printing o f ballots and the
labor o f employees in public institutions, etc., are excepted.
The law o f Massachusetts (ch. 532) establishes a retirement
system for employees of the State, providing for a State pension
system combined with annuities! made up from contributions by the
employees. A fter 15 years o f service, members o f the retirement
association 60 years o f age may be and those 70 years o f age must be
retired. Membership in the association is voluntary for present em
ployees, but persons under 55 years o f age becoming employees after
the date o f the establishment o f the retirement fund are members
after 30 days o f service; contributions range from 1 to 5 per cent o f
the salary or wages of the employee. For the purpose of reckoning
the contributions, not over $30 weekly earnings are considered. The
treasurer o f the State controls the funds, monthly payments to be
at a rate o f not less than $200 per year nor more than one-half the
average annual salary or wages of the member during the 10 years
prior to his retirement. The same legislature (ch. 338) made a num
ber o f changes in the details o f chapter 619, Acts o f 1910, which pro
vided for retirement systems for employees o f cities and towns. The
law is restricted in its application to regular and permanent em
ployees, and the same scale o f payments is adopted as that noted
above in connection with State employees. A special provision is
made (ch. 413) for the retirement o f laborers employed by the city
o f Boston, the statute to be effective after acceptance by the city. Re
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BULLETIN OF TH E BUREAU OF LABOR.
tirement at half pay after 25 years in service and reaching the age
o f 60 years is provided for employees physically incapacitated, while
persons who have served for like period and have reached the age of
70 years are to be retired without reference to physical capacity.
The matter o f administration is to be in the hands o f a retirement
board. A statute relative to the retirement o f employees o f counties
was also enacted (ch. 634). The New York Legislature (ch. 669)
amended the charter o f Greater New York by authorizing provisions
fo r the retirement o f any officer, clerk, or employee o f the city after
30 years o f service who is physically or mentally incapacitated. This
law does not apply to the police, teachers, or members o f the fire or
health departments, these having special provisions. Another statute
(ch. 839) likewise amends the city charter with the view to provid
ing a relief and pension fund for the clerical and uniformed force of
the street cleaning department. Among the sources o f revenue for
the fund are contributions o f 3 per cent o f their salaries or wages by
the employees.
f Leave o f absence o f 15 days with pay is to be granted “ each and
every” employee o f the State o f Nevada by the provisions o f a
statute o f its recent legislature (ch. 20).
Laws having in view the benefit o f local labor generally rather than
public service were enacted by the legislatures o f three States pro
viding fo r the use o f domestic products by the State. Thus a statute
o f Missouri (p. 107) directs that the products o f the forests, quarries,
and mines o f the State shall be preferred for use in the erection o f
its public buildings if procurable on as favorable terms and o f equal
quality with other materials; while in Washington (sen. joint res.
No. 10) it is directed that for all State buildings Washington prod
ucts and materials shall be used as far as possible. In Michigan
provision is made that if bituminous coal is used in State institutions
it must be a State product unless the cost is excessive (ch. 166).
WAGES.
Besides the provisions regulating wages in public employment
and the appointment o f the minimum wage commission by the Mas
sachusetts Legislature, numerous statutes were enacted touching some
phase o f the question of wages in private employment. Bates o f
wages were directly considered in but one instance, the Legislature
o f California (Concurrent Resolutions, ch. 25) having ratified an
amendment to the city charter o f San Francisco which fixes as the
minimum wage o f employees on street railways the sum o f $3 per
day with one and one-half pay for overtime work. This question is
indirectly affected by a statute o f Wyoming (ch. 74) which forbids
coal to be screened before it is weighed if payment for mining is
based on the bushel or ton measurement, and by one o f Massachusetts
(ch. 584) which forbids fines for imperfect work in weaving.
REVIEW OF LABOR LEGISLATION OF 1911.
879
The medium o f payment is the subject o f a statute o f California
(ch. 92) which prohibits the payment o f wages in nonnegotiable
orders, etc., providing that all paper issued as wage payments shall
be payable at a bank without discount. A similar provision is made
in the statutes o f Nevada (ch. 66) and Indiana (ch. 68). The latter
also requires that the price o f goods or merchandise sold or furnished
to employees shall be no higher than the cash prices allowed other
customers. A New Hampshire statute (ch. 78) directs cash pay-,
ments by certain classes o f employers, but permits payments by check
i f acceptable to the employee.
The time o f payment is considered by the Indiana and New Hamp
shire statutes above mentioned, a weekly pay day being prescribed.
A statute o f Maine (ch. 39) prescribes a like period for the payment
o f wages except for lumbering and by cooperative corporations or
associations. A law o f Massachusetts requiring incorporated ex
press companies to pay wages weekly was so amended (ch. 208) as to
apply to all express companies. A Missouri statute (p. 150) and one
o f New Jersey (ch. 371) prescribe semimonthly pay days, the former
for all corporations and the latter for railroads. These statutes do
not interfere with payments at shorter intervals. A California law
(ch. 663) directs all employers to pay their employees at least
monthly. A statute o f Massachusetts (ch. 249) requires wages to be
paid before the close o f the workday, i. e., on the time o f the employer,
unless paid during the interval for meals.
The law o f Maine mentioned above provides that wages earned up
to the eighth day prior to pay day shall be paid unless the employee
is leaving service, when he shall be paid in full on the first day there
after ; if he is discharged, he shall be paid in full on demand; while
that o f California directs that discharged employees shall be paid
in full immediately and those resigning voluntarily within 5 days.
A Kansas statute (ch. 219) directs wages to be paid within 10 days
after the termination o f employment, and one o f Indiana (ch. 178),
relating to railroad employees only, within 72 hours thereafter.
Immediate payment o f discharged employees is prescribed by stat
utes o f Idaho (ch. 170) and South Carolina (No. 24). The Idaho
statute makes failure to pay on demand the wages due on any pay
day ground for a claim for continued wages up to 30 days, even
though no service is rendered, while the South Carolina law pro
vides a penalty o f $5 for each day’s delay after demand by a dis
charged employee to the pay officer. Wages due deceased employees
in an amount not exceeding $75 may be paid to the surviving rela
tives, or, if there be none, to designated creditors, without letters of
administration, according to a statute o f Delaware (ch. 259).
Assignments o f wages are regulated by several statutes, one o f Ala
bama (p. 370) making void all assignments o f future earnings or
orders affecting the same, except that 30 days’ earnings may be as
signed for groceries, clothing, medical expenses, insurance, or house
880
BULLETIN OE THE BUREAU OE LABOR.
rent. A statute o f Arkansas (No. 34) requires as conditions o f
validity that employers shall accept assignments, that they shall be
filed with the county recorder, and, if o f a married man, that sthe
wife shall consent thereto; similar provisions are contained in a
statute o f Minnesota (ch. 308), while a statute of Missouri (p. 143)
forbids the assignment of future earnings and directs that any assign
ment made shall be in writing and state the correct amount o f wages
assigned. A statute o f Montana (ch. 56) contains similar provi
sions to those found in the laws of Arkansas and Minnesota above
mentioned, and requires that persons or companies engaging in the
business o f wage brokers shall be licensed, giving bond, and that no
more than 12 per cent annual interest be charged on the amount
actually loaned. Notes, etc., given in violation o f the act are void.
An Ohio law o f similar nature (p. 469) requires the license to be
secured from the secretary o f state instead o f from local authorities
as in Montana, fixes the interest rate at 8 per cent per annum, allow
ing a charge o f 10 per cent for other expenses, payable but once;
renewals within one year are to be without cost. The husband or
wife o f a married assignor must join in the assignment. The law o f
Massachusetts on this subject is amended (ch. 727) by requiring a
release o f any assignment when the debt is paid. No assignment is
valid unless it shows that $10 a week is exempt, nor may the period o f
the assignment extend over one year. The provisions as to accept
ance by employer, consent o f wife, and recording are the same as
those noted above. In New York (ch. 626) the existing law was
amended by requiring the note to be dated the day the loan is made,
that the employer must have a copy within three days or the same
can not be sued upon, and that firms or corporations loaning money
on wage assignments must register their name and place o f business,
and may not charge in excess o f 18 per cent per annum for interest,
investigation, the drawing up o f papers, etc.
The subject o f exemptions is considered by an act o f the Maine
Legislature (ch. 175), which strikes out a proviso which excepted
bills for necessaries and requires that $10 weekly shall be exempt
from execution in all cases. The New York law is amended by a pro
vision (ch. 532) that a creditor may get execution on but 10 per
cent o f a debtor’s wages where they amount to $12 per week or more,
all being exempt i f less; only*one judgment can be effective at one
time, but more may exist and take effect in succession. The earnings
exempt by law to workmen are added to the sums going to the
widow o f a deceased workman for the use o f herself and children
by a Kansas statute (ch. 189).
The garnishment o f wages was considered by the legislatures
o f four States. That o f Indiana enacted a law (ch. 62) which
amends the previous statute relative to the sending o f claims outside
the State to escape the operation o f the law exempting wages from
REVIEW OF LABOR LEGISLATION OF 1911.
881
garnishment, making the law more explicit and exclusive; while in
Missouri two statutes regulate the garnishment o f wages o f railroad
employees, exempting from the restrictions of sections 2427, 2428,
Revised Statutes, debts contracted in the State and due to bona fide
citizens (p. 142 bis), while a third statute (p. 141) requires personal
service and that any suit to garnish wages must be brought in the
county o f the residence of the debtor or where the debt was con
tracted. In Colorado (ch. 148) and Wyoming (ch. 56) the wages
or salaries o f public employees are made subject to garnishment the
same as o f persons privately employed.
Wages are given a preference over other claims against corpora
tions by a statute o f Vermont (No. 143, Acts o f 1910), 3 months’
wages being made a first lien on the property and franchises of a cor
poration regardless of other liens or mortgages; while in Connecticut
(ch. 88) and Wisconsin (ch. 17) wages are given a preference above
general debts in the settlement of estates; in the latter State this
preference does not extend to sums exceeding $300 in amount. A
statute o f South Dakota (ch. 150) declares no property exempt on a
judgment for wages except property made by law absolutely exempt.
Several States amended or extended their laws relating to liens
o f mechanics or laborers for the security o f wage debts. The changes
made relate to the subject matter o f the liens, the persons entitled
thereto, and the method o f securing and discharging the same.
General amendments of this sort were made in North Dakota (chaps.
178, 187); in Nevada (ch. 160), relative to the building lien law; in
Oregon (ch. 100), relative to liens on vessels; in Arkansas (No. 324),
relative to liens o f blacksmiths, wheelwrights, and horseshoers; in
Missouri (pp. 313, 314), relative to liens on licensed or leased prop
erty; and in Oklahoma (ch. 114), relative to the general laborers’
liens on the products o f their labor. The amendment o f lien claims
is the subject o f a New Jersey statute (ch. 30), and provisions as to
notice o f a statute o f Oregon (ch. 159). Liens affecting specific
subject matter are provided for in laws o f Idaho (ch. 226), relating to
logs, lumber, etc.; Minnesota (ch. 320), motor vehicles; Maine (ch.
47), lands improved or beautified by the skill or labor o f the claim
ant; and Michigan (No. 116), grain threshed; while in Colorado
(ch. 164), Oregon (ch. 141), and Wyoming (ch. 26) liens are given
for labor in and about mines, etc. The New Hampshire statute (ch.
116) provides for a lien on any balance due a contractor, agent, or
subcontractor to secure wages remaining unpaid after the work is
done. Recovery o f wages due for labor on public works is provided
for by an amendment to the New York statute which provides for a
lien on any moneys applicable to the transaction or work on which
labor was done (ch. 873); while in New Jersey (ch. 375) the lien
law is supplemented by allowing the laborer to give notice o f a
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BULLETIN OF TH E BUREAU OF LABOR.
lien to the officials in charge o f any work, such lien having priority
over an assignment by the contractor. The claim may be paid after
5 days’ notice, unless the contractor shows cause to the contrary.
The method o f requiring a contractor on public works to give
bond for the protection o f the wages o f workmen was a subject o f
legislation in several States. California enacted two laws on this
subject, one (ch. 496) relating to street work, and the other (ch.
734) to building or mechanical work for the State or its munici
palities. In Georgia (p. 86, Acts o f 1910) a bond running to the
State or to the municipality having the work done is required, and
may be sued upon within one year from the completion o f the con
tract. A Missouri statute on this subject (p. 106) directs the officials
to fix the amount o f the bonds required, this provision taking the
place o f a requirement that there shall be a bond o f “ sufficient
amount.” The Indiana statute (ch. 173) authorizes agents o f funds
to withhold from contractors sums for the payment o f laborers and
subcontractors, claims thereon to be filed within 30 days from the
completion o f the work. Contractors are also required to give bonds
so drawn that their sureties shall be liable for wage debts. A
statute o f Arkansas (act No. 446) applies this principle not only to
public works but also to work for churches and charitable institutions,
for all o f which a bond is required where an amount in excess o f $100
is involved in the contract. Contractors for private work may, i f they
choose, give a bond in double the amount o f the contract to secure
the payment o f wages and other debts; in case the employer requires
such a bond no lien will attach to the building. In Colorado (ch.
163) railroad, reservoir, and irrigation companies are required to
secure bonds from contractors to protect wage claims.
HOURS OF LABOR.
The hours o f labor of employees on railroads are regulated by a
law o f California (ch. 484), which fixes at 16 hours per day the
maximum employment period for trainmen, train despatchers, and
telegraph operators, following which 8 hours’ rest must be allowed;
one o f Nebraska (ch. 148), which fixes the maximum for persons em
ployed in train movement at 16 hours per day, to be followed by 8
hours’ rest, while telegraph operators, dispatchers, etc., may work
not more than 9 hours in 24 in offices which are constantly open and
not more than 13 hours in any case; one o f North Carolina (ch. 112),
where the law is amended to provide as in Nebraska; and o f Oregon
(ch. 137), where the hours o f labor for persons engaged in the move
ment o f trains are fixed at 14 per day, to be followed by 10 hours’
rest i f the service was continuous or 8 hours i f the service was
broken, the hours for telegraph operators being fixed at 9 out of the
24. The hours o f labor o f employees on street railways in San Fran
REVIEW OF LABOR LEGISLATION OF 1911.
883
cisco are fixed at 8 per day, the work to be done in 10 consecutive
hours, under the charter o f the city as ratified by a concurrent reso
lution (Concurrent Kesolutions, ch. 25) o f the California Legislature.
The 8-hour day is prescribed for labor in open cut as well as under
ground mines in Colorado (ch. 149) and Nevada (ch. 188), the former
law including also smelters, reduction works, coke ovens, etc., work
therein being declared to be injurious and dangerous. The hours o f
labor o f hoisting engineers who hoist or lower workmen in anthracite
mines are restricted to 8 per day by a Pennsylvania statute (p. 102);
while in Montana (ch. 21) the 8-hour limitation is extended to rail
road and other tunnels as well as to mines.
A New York statute regulating the hours o f labor in drug stores
is amended (ch. 630) so as to restrict employment to 70 hours per
week and 132 hours in any 2 weeks, requiring 1 full day off in each 2
consecutive weeks. The statute o f Georgia regulating the hours o f
labor in manufacturing establishments is amended (p. 65) so as to
make the hours o f labor 10 per day and 60 per week after January
1, 1912, instead o f 11 per day and 66 per week, as formerly. In this
connection may be mentioned a statute o f New Jersey (ch. 273),
which prescribes the allowance o f one-half hour for meals at midday
or after 6 hours’ work in factories, workshops, etc., except on Satur
day. The time is to be fixed and a schedule o f the hours of labor
posted in the establishment. In Ohio also (p. 488) employers o f
females are to allow 30 minutes for mealtime i f there is a lunch
room connected with the establishment, or, i f not, 1 hour is to be
allowed.
SUNDAY LABOR.
The legislature o f Wisconsin relaxed the law o f the State relative
to Sunday labor by a statute (ch. 125), which declares that wages
for labor done in connection with any newspaper dated, published,
or issued on Sunday shall be recoverable notwithstanding the date o f
such issue; while, on the other hand, it declared (ch. 614) that stores
selling dry goods, clothing, hardware, furniture, crockery, jewelry,
coffee, teas, or spices are not engaged in a work o f necessity or char
ity so as to bring, them within the exceptions provided for in the
statute. The Legislature o f Hawaii (act No. 49) strikes out barber
shops from the list o f establishments that may remain open on Sun
day, and adds garages and the operation o f licensed automobiles to
the list o f businesses to which the law prohibiting labor on Sunday
is declared not to apply. The law o f Georgia restricting the opera
tion o f freight trains on Sunday is amended (p. 70) so as to allow
trains to run until 9 a. m. Empty refrigerator cars may also run to
icing or loading stations, and interstate trains may stop at any sta
tion to take on or forward cars loaded with perishable products.
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BULLETIN OF TH E BUREAU OF LABOR.
An act o f Congress (eh. 241) requires that city letter carriers who
work on Sunday shall have an equal time off during the working
days o f the succeeding week. A law o f like tenor but o f more gen
eral application was enacted by the Legislature o f Connecticut (ch.
162), which directs that workmen employed on Sunday shall have
1 full day off in the next 6. This law does not authorize Sunday
labor except as now permitted and does not apply to farm labor or
personal service, janitors, watchmen, druggists, persons engaged in
transportation service, industries continuously operated, or to persons
employed in the repair or care of manufacturing or other plants.
HOLIDAYS.
Seventeen States made provision for the legal observance as a
holiday o f the 12th o f October, known as Columbus or Discovery
Day. These States are Alabama, Arkansas, California, Delaware,
Idaho, Indiana, Kansas, Maine, Massachusetts, Nebraska, Oklahoma,
Oregon, Pennsylvania, Texas, Vermont, Washington, and West
Virginia. Three o f the foregoing States also added another day to
the list o f legal holidays, as follow s: Alabama (p. 120), the Tuesday
before Ash Wednesday, known as Mardi Gras D ay; Arkansas (act
No. 286), June 8, Jefferson Davis’s Birthday; and Idaho (ch. 158),
June 15, known as Pioneer Day. The Legislature o f Hawaii made
Thanksgiving Day or any day o f fasting or religious observance ap
pointed by the President as well as any day appointed by the gov
ernor as a holiday, a legal holiday in that Territory (act No. 167).
In Arkansas (act No. 47), general election days, and in California
(ch. 398) primary election days are declared legal holidays. In Ohio
(p. 11) Saturday afternoons are made legal holidays; the same is true
in California (chs. 320, 321) in so far as public offices are concerned.
The Massachusetts Legislature passed a law (ch. 151) prohibiting
any employment on legal holidays except such as is lawful on
Sunday, and is the only State having such a law.
REGULATION AND INSPECTION OF FACTORIES, ETC.
The laws in this class are chiefly by way o f amendment o f existing
regulations, in but few instances a really new feature being added.
In Iowa (ch. 172) the law requiring compliance^with orders o f in
spectors within 90 days was amended so as to require such compliance
within 30 days; a penalty is also added for removing cards or safety
appliances. The Ohio Legislature (p. 428) made more specific the
requirement o f section 1027 o f the General Code as to guards for
dangerous machinery, including the boxing o f shafting; railings or
casings for cogs, fly and band wheels, belts, etc.; the guarding o f open
ings in floors for elevator shafts and stairways; the guarding o f saws,
and the provision o f handrails on runways for oiling machinery if
REVIEW OF LABOR LEGISLATION OF 1911.
885
more than 5 feet above the floor. Blowers are also required for emery
and other polishing wheels, with the necessary adjuncts. Another
act o f the same legislature (p. 427) reduced the amount o f the fine
enforceable for failure to comply with an inspector’s orders. Sec
tion 1636j o f the Wisconsin statutes is amended (ch. 470) by adding
saws and any revolving appliances to the list of objects which are
to be guarded when situated so as to be dangerous to employees.
In Bhode Island (ch. 701) elevator shafts must be protected by
automatic or semiautomatic gates 6 feet in height; these are to slide
vertically upwTard, and the law is made to apply to mercantile estab
lishments as well as to factories. Local building inspectors are given
equal authority with State inspectors for the inspection o f elevators
in Massachusetts (ch. 455). In Illinois (p. 314) the use o f emery
wheels and similar apparatus is forbidden in basements or rooms
wholly or partly below ground.
The enforcement of inspection laws is considered in several stat
utes, the Legislature o f Arkansas (act No. 472) charging the com
missioner of health with the duty o f inspecting mills, mines, and
railroads as to their sanitary condition, and o f prescribing and en
forcing sanitary measures. In Colorado a department o f factory
inspection is created and a new factory inspection law enacted
(ch. 132), laws in conflict with the new legislation being repealed.
The law relates to the guarding o f dangerous machinery and hoist
ways, ventilation, the supply o f fire escapes, means o f egress, waterclosets, and dressing rooms, and directs that an inspection shall be
made on the complaint o f any employee. Certificates o f inspection are
to be granted and appeals to arbitrators may be had i f any proprietor
is aggrieved by the orders o f the inspector. The law provides that
damages shall be recovered for any injury to the employee caused by
failure to comply with the law. In Indiana also (ch. 226) a State
bureau o f inspection is created, with three departments— one for the
inspection o f buildings, factories, and workshops, one to have charge
o f mines and mining operations, and one for the inspection o f steam
boilers. The chief o f the bureau and 3 deputies are appointed by
the governor, while each deputy, with the consent of his chief, ap
points 3 assistants. This bureau takes over the duties o f the pres
ent inspectors o f factories and mines and o f the labor commissioner.
The Legislature o f Massachusetts (eh. 616) added 3 members and that
o f New Jersey (ch. 210) 6 members to their State inspection forces.
In Illinois (p. 326) a physician at a salary o f $1,500 per annum and
5 deputy inspectors are added. In Ohio (p. 456) the inspection
force is organized by requiring that the first assistant inspector o f
factories and workshops shall be a practical architect, while the
second assistant must also be a practical architect with knowledge
of heating and ventilation. The inspector o f factories in Minnesota
25202°— Bull. 9T— 12----- 2
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BULLETIN OF TH E BUREAU OF LABOR.
is authorized (eh. 288) to affix a notice to any machinery found im
properly guarded, after which such machinery shall not be used
until his orders are complied with. Exhaust fans are to be installed
fo r other dust-creating machinery, as well as for emery wheels and
grindstones previously provided for, and engineers are to have speak
ing tubes communicating with the room in which machinery is
operated. Other amendments made by this chapter relate to bar
riers for hoistways, signs directing to fire escapes, and the num
ber o f water-closets to be supplied, the ratio being one for each 25
employees. In Ohio (p. 360) an inspector may give notice o f any
needed changes for safety or sanitation and the employer is required
to comply within a fixed time. Continuing failure is to be treated
as a repeated offense, and the use o f buildings contrary to the in
spector’s orders may be enjoined as a public nuisance. Details are
prescribed as to means of egress in case o f fire, the arrangement o f fire
escapes and doors, and fixing the ratio o f the number o f employees
permissible in relation to the floor space and means o f exit. Doors
are not to be barred or locked during the hours o f work, and ways
are to be kept clear. The penalty for using machinery after it is
condemned by the inspector is increased in this State (p. 450) so that
instead o f a minimum o f $25 and a maximum o f $100 for the first
offense, the offender may be fined for the first offense from $100 to
$200, while for subsequent offenses the fine may be from $500 to
$1,000 instead o f from $50 to $500. The Oregon statute requiring,
the inspection o f factories and the issuance o f certificates is amended
(ch. 48) so as to exempt establishments using not more than 2, horse
power. In New Hampshire (ch. 30) and North Carolina (ch., 57)
the provision o f medical and surgical supplies in factories and shops
using machinery is required, in the former State where 3 or more
persons, in the latter where more than 25 persons are employed.
A Wisconsin statute (ch. 170) directs inspection as to ventilation,
which must be sufficient to secure circulation without drafts; other
acts o f the same legislature (chaps. 330 and 407) prescribe rules for
cleanliness and a supply o f cuspidors and prohibits spitting on the
floors o f factories, etc. The subject o f water-closets and wash or
dressing rooms is considered in statutes o f Iowa (ch. 171) and Ne
braska (ch. 67). In the latter law provision is also made for ven
tilation, general sanitary provisions, and the carrying off o f dust
from grinding machinery. No cracked grindstones may be used,
dangerous machinery must be guarded, and accidents are to be re
ported. The Massachusetts Legislature (ch. 281) forbids the use
in textile factories o f suction shuttles, i. e., o f shuttles in which the
shuttle or thread must be touched by the mouth or lips o f the oper
ator in order to bring the thread within reach o f his fingers. In the
same State (ch. 603) the lighting of factories is directed to be made
REVIEW OE LABOR LEGISLATION OF 1911.
887
the subject o f inspection, in connection with which injuries to the
eyes and the relation o f the eye and vision to diseases of occupation
are to be investigated. The inspector is authorized to order such
changes as may seem to him necessary.
Statutes particularly applicable to foundries were enacted in New
Jersey (ch. 206) and Pennsylvania (p. 673). Provision o f warmth,
light, and ventilation is required, as well as o f suitable wash rooms
and toilet rooms with a proper supply o f water.
Details as to the number, location, and construction o f fire escapes
are contained in laws o f Connecticut (ch. 239), Nebraska (ch. 56),
New Hampshire (ch. 43), New Jersey (ch. 214), and Wisconsin (ch.
441). The New Jersey statute is a complete revision o f the law o f
the State on this subject and prescribes the minimum requirements,
giving the commissioner o f labor authority to require additional
provisions. Pails o f water and sand are to be kept in convenient
locations, and cans or barrels for the deposit o f waste are to be pro
vided ; signs guiding to exits must be supplied and all doors are to
open outward. Fire drill is required at least once each month in
buildings over 2 stories in height. The provisions found in chapter
64, Acts o f 1904, relative to fire escapes, etc., are repealed (ch. 215).
The laws o f the other States named contain similar provisions as to
fire escapes in greater or less detail. The inspection o f fire escapes
devolves upon an officer newly appointed in the States o f New York
(ch. 451) and o f Pennsylvania (p. 705), who is designated as fire mar
shal. In New York the fire marshal is a State officer appointed by
the governor, with deputies, all municipal fire marshals being subject
to his orders, while in Pennsylvania the office is local, appointments
being made in each city o f the first class by the director o f public
safety o f the city. The New York officer has no authority in cities
having over 1,000,000 population. Other provisions relating to
safety in case o f fire are found in Wisconsin (ch. 378), where the
requirement is added that doors of exit must remain unlocked during
working hours; in Iowa (ch. 173), where a penalty is provided for
failure to maintain doors opening outward; and in Pennsylvania
(p. 677), where fire drills are prescribed at least monthly in all fac
tories where women or girls are employed, and fire escapes or means
for extinguishing fires are required by statute. An Illinois statute
(p. 146) requires factory, store, etc., buildings to be provided with a
gas cock for shutting off the flow o f gas in case o f fire without the
necessity o f entering the building for this purpose.
Special provisions relating to the sanitation o f bakeries, confec
tioneries, and like establishments were enacted in Illinois (p. 528),
Missouri (p. 258), New Jersey (ch. 327), New York (ch. 637), Okla
homa (ch. 125), and Wisconsin (ch. 446). These laws are in part
new and in part amendatory, and contain provisions as to the fur
nishing o f toilet rooms, the supply o f cuspidors, the prohibition o f
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BULLETIN OF THE BUREAU OF LABOR.
sleeping in working or storage rooms, the employment of workmen
having contagious or infectious diseases, etc. The Wisconsin statute
directs that work suits with caps and slippers shall be used during
employment. In this connection may be mentioned a provision o f
the act o f the New York Legislature (ch. 630) regulating employ
ment in drug stores, which provides that no room shall be used for
sleeping purposes by any employee unless it complies with the sani
tary regulations prescribed by law.
Inspection o f steam boilers was a subject o f legislation in a few
States, only minor changes being made, however, except in the State
o f Ohio. In this State provision is made (p. 494) for the appoint
ment o f a board o f boiler rules, who are to inspect all stationary steam
boilers, prescribe safety equipment, and promulgate rules for con
struction, installation, and operation. Boiler inspectors under this
board are to be appointed only after examination, and inspected
boilers are to be certified.
Not belonging strictly to this class o f laws but of similar intent
are statutes o f Minnesota (ch. 354) and Wisconsin (ch. 466), the
latter an amendatory law relating to the installation of adequate
guards for the protection o f workmen employed at corn shredders so
as to prevent dangerous approach to the snapping and husking
rollers; the Wisconsin statute directs that safety or automatic feeding
devices must be provided.
Here also may be noted a law o f California (ch. 500) prescribing
the construction o f electric subways, manholes, etc. The law regu
lates the dimensions, form, and material of construction :$nd the
drainage of subways for electric wires into which workmen must
enter, and the size and location o f manholes. A law o f Texas (fourth
called session o f 1910, ch. 2) requires all persons baling or compress
ing cotton to make the ends, ties, buckles, etc., o f the bands or ties
safe for workmen handling the bales in transportation, storage, etc.
The duty o f inspection is declared to devolve upon the employer and
not on the employee.
PROTECTION OF EMPLOYEES ON BUILDINGS.
Under this head are to be found laws of California (ch. 590),
Indiana (ch. 236), Ohio (p. 450), Rhode Island (ch. T15), and W is
consin (ch. 49) relating to the supply o f counterfloors to be laid
during the progress o f the construction o f buildings. These floors
are to be laid on every course o f joists before work is carried forward
on the next working level in buildings more than two stories in
height and not be removed until replaced by the permanent floor.
The Rhode Island statute is restricted in application to buildings hav
ing iron or steel frames; this law and that o f Wisconsin also direct
the guarding o f hoistways by adequate barriers. The Ohio statute
REVIEW OF LABOR LEGISLATION OF 1911.
889
strikes out the requirement previously existing that notice must be in
writing in order to bind a contractor. The law o f Indiana is quite
broad, gives many details, and is coupled with a declaration as to the
duty o f employers conducting dangerous occupations. Laws relating
to the sufficiency of scaffolding were enacted in Nebraska (ch. 65)
and New York (ch. 693), the latter law being an amendment o f exist
ing regulations. Secondary scaffolding and safety rails for elevated
work are among the provisions directed.
MINE REGULATIONS.
In Alabama (p. 500), Illinois (p. 387), Montana (ch. 120), and
Pennsylvania (p. 756), codes of laws relating to the regulation of
mine operations were newly enacted in 1911, involving the repeal
o f numerous older acts. The Pennsylvania law relates to bituminous
mines only, the subject o f the regulation o f labor in anthracite mines
having been made the subject of consideration by a commission pro
vided for by the same legislature (p. 920). These laws are very de
tailed and contain regulations covering the whole subject o f maps,
inspection, hoisting systems, travelways, signals, lighting, blasting,
electrical installation, and the qualifications o f workmen, etc. In
Iowa (ch. 106) the mining law was subjected to numerous amend
ments and additions, a number of earlier sections being repealed.
Specific enactments relating to illuminating oil are to be found in
the legislation o f Alabama (p. 568) and Ohio (p. 149); regulating
the grading, inspection, and marking o f blasting powder, Illinois
(p. 385) ; and its use in mines, Washington (ch. 65) ; requiring the
installation o f telephone systems and the provision of wash rooms for
workmen, Kansas (chs. 221, 222); prohibiting the storage o f food
for animals or the feeding o f animals in mines not having fireproof
stables, Texas (ch. 102); regulating the installation o f electric wires
and the making o f maps, Texas (ch. 9 7 ); and requiring buildings
inside mines to be of fireproof construction, Pennsylvania (p. 979).
The North Carolina law limiting the number o f workmen to be
hoisted at one time to two was amended (ch. 183) so as to allow six
workmen to be taken up on each trip.
The Missouri Legislature passed three laws (pp. 317, 318, 319)
relating to mines other than coal, the first relating to ventilation, the
second to inspections on complaint by any workman, and the third
to the storage o f explosives in mines except as needed for use, and
forbidding their preparation for firing or blasting in any magazine;
while in Montana (ch. 72) the operation o f quartz mines more than
300 feet in depth is regulated as to ventilation, the supply o f toilet
rooms or cars, the daily cleaning o f stables, the guarding o f chutes,
etc., and the supply o f landings at intervals o f not more than 30 feet
on ladderways.
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BULLETIN OF TH E BUREAU OF LABOR.
The inspection force was considered in some o f the laws above
mentioned, as in Alabama, where the law provides that there shall
be 1 inspector for each 2,500,000 tons o f coal mined, who must hold
a foreman’s certificate o f the first class; while in Colorado (ch. 91)
inspectors are to have a practical knowledge o f mining, the word
44scientific ” being stricken out o f the earlier law fixing prerequisites
for appointment. A fourth district is added to the mining districts
o f the State, and a branch office o f the bureau o f mines is to be estab
lished in each district. In Michigan (act No. 163) a county inspec
tor o f mines is to be elected in counties in which iron or copper mines
are worked. Candidates must have had 10 years o f actual experience
and give bonds for the faithful performance o f their duties. This
statute enacts various regulations and directs the reporting o f accidents
in mines. In Nevada (ch. 17) the office o f State inspector o f mines is
made elective and the term is fixed at 4 years. The law o f Utah is
amended (ch. 132) so as to authorize the appointment o f a deputy
inspector and directing that the annual returns o f operators shall
give the number and nationality o f workmen and number o f fatal
and nonfatal accidents. Ventilation, use o f safety lamps, and the
making o f bore holes in approaching dangerous working places are
subjects considered in this chapter. A Wyoming statute (ch. 101)
prescribes the appointment o f a State coal-mine inspector having
specified qualifications, after an examination by a board o f 5 per
sons appointed by the governor for this purpose. A Nevada statute
(ch. 201) strikes out the provision o f a former law which made fail
ure to obey the orders o f an inspector a misdemeanor and each day’s
negligence a separate offense. This chapter adds a number of pro
visions relative to the storage o f explosives, the use o f tamping bars,
the removal o f timber no longer needed in mines, the construction o f
hoists and ladders, the maintenance o f exits, ventilation, etc. A pur
chase o f rescue apparatus is also prescribed by this law, for which
purpose the sum o f $1,500 is appropriated by a separate act (ch.
118), the money to be expended by the inspector of mines.
In Illinois a commission appointed in 1910 (p. 2 ), charged with
the maintenance o f fire fighting and rescue stations in the State, is
authorized (p. 424) to secure technical assistance for the giving of
instruction in the use o f fire-fighting and rescue apparatus. The
reports o f this commission are to be biennial instead o f annual, as
provided in the earlier law. The same State has a law (p. 419)
directing the installation o f telephones, requiring fire drills to be
held, regulating the construction o f stables, etc., by way o f protection
or safety in case o f fire. In this connection may be mentioned the
appropriation o f $10,000 by an act o f the United States Congress
(ch. 285) to investigate the causes o f mine explosions, safe methods
o f mining, the prevention o f accidents, and the use o f explosives and
electricity.
REVIEW OF LABOR LEGISLATION OF 1911.
891
The proximity o f oil and gas wells to mine operations is the subject
o f laws o f Illinois (p. 426) and Ohio (p. 457), the former fixing 250
feet and the latter 300 feet as the minimum distance at which they
may be sunk. Provisions relating to the penetration o f excavations
and the abandonment o f wells are enacted.
The subject o f special hospitals for miners was considered in an
act o f the Pennsylvania Legislature o f 1887 (act o f June 14). This
act was omitted from the compilation o f State laws used by the
Bureau o f Labor in the preparation o f the Twenty-second Annual
Report o f the Commissioner, but is amended by an act o f the current
year (p. 837), so that it must be assumed to be valid. The amend
ment relates to the admission o f patients other than those injured in
mines i f the hospital accommodations are sufficient.
RAILROADS.
Laws enacted for the benefit o f railway employees or the regula
tion o f the conditions o f their employment are quite numerous in
1911 and relate to several phases o f the subject. The qualifications
o f certain employees are considered in 4 States, one o f Massachusetts
(ch. 539) requiring that locomotive engineers shall have had 2
years’ experience as firemen or engineers’ helpers, and that conduc
tors shall have served 2 years as brakemen or have had previous
experience as conductors on railway trains. In Michigan (act No.
187) freight engineers must have served 3 years as firemen and
passenger engineers must have had 2 years’ experience as freight
engineers. Conductors on freight trains must have served 2 years
as brakemen or conductors, while passenger conductors must have
had 1 year’s experience as conductor o f either a freight or passen
ger train. Telegraph operators must be at least 19 years o f age and
have had 30 days’ training under an experienced operator. No one
is to act as flagman until after 3 months’ experience as a brakeman.
The Indiana law (ch. 233) relates to section gangs,^and requires that
at least 2 men in each gang shall be able to pass an examination in the
flagging rules o f the road. In Idaho (ch. 161) conductors, engi
neers, firemen, brakemen, switchmen, or other employees who may
act as flagmen must be able to read, write, and speak the English
language. The matter o f protection for railroad employees is the
subject o f a law o f Indiana (ch. 261), which makes it a misdemeanor
for anyone to prefer false charges without probable cause against
any employee o f a railroad to the effect that he has accepted any
thing o f value for the transportation o f persons or goods or has
failed to account for money received.
The subject o f an adequate working force for railroad trains was
considered in several laws prescribing a minimum crew for trains o f
certain^ composition with prescribed additional employees on trains
892
BULLETIN OF TH E BUREAU OF LABOR.
having a greater number of cars. On passenger trains the minimum
crew prescribed by these laws consists of 4 men, the Nevada law
requiring this number on a train of 2 cars or less, while in other
States this is considered a sufficient crew for 3 to 5 cars, though the
Pennsylvania law requires 6 men when 4 or more cars are used in a
passenger train. The States enacting new or amending laws on this
subject in 1911 are California (ch. 49), Nevada (ch. 204), Ohio
(p. 508), Pennsylvania (p. 1053), and Washington (ch. 134). Some
o f these laws relate to freight trains as well as to passenger trains,
and that o f California prescribes the qualifications for service, which
are practically the same as those noted above. The Pennsylvania
statute directs that the rear car o f a mail or express train shall have
a rear exit, platforms, guard rails, and adequate provisions for heat
ing. A statute of Indiana (ch. 74) prescribes the composition of the
minimum switching crew, the same to consist o f 5 workmen, as fol
lows : Engineer, fireman, foreman, and 2 helpers. These are to engage
in no other duties while the engine is switching cars, and the foreman
and 1 helper are required to have had 1 year’s experience as switch
conductors or brakemen.
The construction o f caboose cars, their dimensions, and their equip
ment are made the subject o f legislative action in Arkansas (act No.
418), Indiana (ch. 60), Iowa (ch. 93), Missouri (p. 157), Nebraska
(ch. 88), North Dakota (ch. 245), and South Dakota (ch. 208). Thes£
laws are practically uniform and fix the minimum length at 24 feet
(28 feet in Missouri) with two 4-wheel trucks. Platforms, guard
rails, grab irons, steps, cupolas, closets, and windows, andj other
details are regulated by these laws. New caboose cars are to Conform
with these specifications, and when old cars are brought in for gen
eral repairs they must be made to conform before being taken out for
subsequent use. A Federal statute that may be considered in this
connection is one (ch. 241) that directs that railway post-office cars
shall be sound and sanitary, and that after July 1, 1911, wooden cars
shall conform to an approved type and not be run between steel cars or
between steel cars and the locomotive. After July 1, 1916, post-office
cars are to be o f steel or have steel underframes.
The operation o f trains by the block signal system is contemplated
in statutes o f Indiana (ch. 188), directing the use o f an automatic
block or other system approved by the State railroad commission on
steam and electric lines operating single cars as well as trains; Min
nesota (ch. 322), requiring that proposed installations o f safety
appliances be of a type approved by the State railroad and wareihouse commission and be submitted to inspection before use; and
Wisconsin (ch. 297), requiring the installation o f adequate safety
devices and authorizing the railroad commission to investigate and
determine the need o f a block system or other safety device and to
REVIEW OF LABOR LEGISLATION OF 1911.
893
order its adoption, and establish reasonable rules for the installation,
operation, and maintenance of the same. The Federal Congress (ch.
285) appropriated $25,000 to enable the Interstate Commerce Com
mission to make investigations as to the use o f block signal systems
and appliances for the automatic control of trains, and as to the
necessity for the adoption of such devices.
A variety o f safety appliances were considered in other laws, an
act o f the Arkansas Legislature (No. 261) requiring frogs and
guardrails to be blocked so as to keep the feet o f employees from
catching therein; another law o f this State (act No. 23) requires
switch lights to be maintained on railroads operating during the
nighttime. An Oregon statute (ch. 219) requires the blocking o f
frogs, switches, and guardrails, and directs that flagmen shall be
able to read, write, and speak the English language and be at least
21 years o f age. An Indiana statute (ch. 169) amends chapter 118
o f the Acts o f 1907 on this subject by requiring hand brakes to be
installed on both electric and steam trains, and fixing the distance o f
structures adjacent to the track at 7 feet from the center thereof,
instead o f making the measurement from the nearest point o f contact
with the widest locomotive or car used. This law makes it an o f
fense to injure or interfere with any safety device on railways. The
railroad commission o f South Carolina (act No. 103) is authorized to
require the installation o f any safety device which in their judgment
W.ould be of material aid for the protection o f train crews or o f the
public. Another law o f Indiana (ch. 202) regulates the height and
size o f poles carrying electric feed wires, transmission wires, or other
high-yoltage wires over tracks o f electric or steam roads, or over the
trolley or telegraph wires connected with such roads.
The protection o f repairmen from the inclemency o f the weather
is considered by statutes o f Oregon (ch. 39) and Texas (ch. 6, fourth
called session, 31st legislature), which direct that if five or more re
pairmen besides inspectors are employed at any point, shelters shall
be constructed over the repair tracks for their benefit.
The capacity o f locomotive headlights is regulated by four statutes,
one o f Florida, (ch. 6234) requiring 2,500 candlepower on freight
and passenger locomotives and one o f South Dakota (ch. 213) a
1,500 candlepower, while the acts o f Kansas (ch. 241) and Wiscon
sin (ch. 29) direct that the light shall be o f sufficient power to show
the form o f a man at a distance o f 800 feet on a normal night.
The matter o f inspection is considered in laws of Indiana (ch. 56)
directing the railroad commission to appoint a locomotive boiler
inspector who is authorized to inspect any locomotive boiler at any
reasonable time or times at the direction o f the commission, and pre
scribing the equipment of locomotive boilers; Texas (ch. 63) re
quiring air brakes and attachments to be tested at division terminals
894
BULLETIN OF T H E BUREAU OF LABOR.
by an inspector o f 3 years’ experience; Vermont (act No. 149, Acts
of 1910) authorizing the public service commission to make rules
and fix tests for locomotive boilers used by railroads or others, direct
ing such test to be made by the master mechanic o f the company,
who is to report to the commission; and by a Federal statute (ch.
103) which authorizes the President to appoint a chief and two as
sistant chief locomotive boiler inspectors. The chief inspector is to
divide the United States into 50 districts, for each o f which an in
spector is to be appointed from a list secured by examination con
ducted by the Civil Service Commission, using questions furnished
by the chief inspector. Appointments are to be made by the Inter
state Commerce Commission and the employees are to remain under
the classified service o f the United States. It is the duty o f in
spectors to inspect all locomotive boilers in their districts and to give
notice o f defects. Boilers are not to be used until such defects are
made good. Accidents caused by defects are to be reported by the
railroad to the chief inspector to be investigated by him or one o f
his assistants or by such inspector as he may designate. The* Inter
state Commerce Commission may ask for a report o f such investiga
tion. A law o f Connecticut (ch. 128) authorizes the public utilities
commission o f that State to make inspections and order changes.
Any person having knowledge o f defects may make complaint and
inspection is to follow, the complainant being informed o f the conn
elusions. The name o f the complainant is not to be disclosed. Railr
road companies are to report accidents, which the commission is to
investigate, recording its conclusions and recommendations in a book
that is to be open to the public.
Several matters are considered in the law o f Washington (ch. 117)
prescribing that telegraph and telephone companies shall have build
ings and conveniences for the accommodation o f patrons and em
ployees; directing all public-service corporations to give notice o f
accidents, which notice may be admitted as evidence in any suit
against them; authorizing the public-service commission o f the
State to make investigations and order repairs and changes, from
which orders no appeal is allowed; and prescribing the equipment
o f locomotives with power driving wheel brakes, automatic couplers,
steps, grab irons, footboards, and headlights. Cars are to have au
tomatic couplers, brakes, etc. The equipment o f street railway cars
is also prescribed, brakes, steps, grab irons, and fenders being neces
sary to meet the provisions o f the law. Frogs are to be blocked,
inspection is provided for, and penalties fixed for violations o f
the law.
STREET RAILWAYS.
Besides the provisions noted above in connection with the regu
lation o f steam roads, a statute o f Iowa (ch. 38), applicable only to
street railways, directs power brakes and a sand equipment to be pro
REVIEW OF LABOR LEGISLATION OF 1911.
895
vided on double-truck cars and on single cars over 32 feet in length;
while a law o f Massachusetts (ch. 345) amends the existing regula
tions by adding headlights as a part o f the necessary equipment for
street cars. The protection o f employees on street railways by the
inclosure o f platforms on which workmen must stand is the subject
o f a law o f Delaware (ch. 272). Storm windows on locomotive road
engines are required by a statute o f Indiana (ch. 80) for the protec
tion o f employees operating such engines.
INTOXICATING LIQUORS.
The use and effect o f intoxicating liquors as relating to employ
ment are made the subject o f legislation in four States. In Nevada
(ch. 159), Oregon (ch. 25), and Utah (ch. 106) the sale o f liquor
near labor or construction camps where public or quasi-public works
are being carried on is forbidden, the minimum distance being 5 miles
in Nevada and Utah and 6 miles in Oregon. These laws do not apply
to incorporated cities or towns under the provisions o f the Nevada
and Oregon law, or to any existing saloon o f 6 months’ standing
according to the Nevada law. Another law o f Oregon (ch. 135)
forbids the use o f intoxicating liquors on any engine, car, or train, or
any railway depot, except on buffet, dining, or private cars. A Min
nesota statute (ch. 175) gives to employers injured by any intoxicated
person the right to sue the person who sold or gave the liquor to the
person so intoxicated for all damages sustained.
EMPLOYMENT OF WOMEN AND CHILDREN.
This subject continues to present a field for the largest number o f
laws relating to any single phase o f the labor question. Many o f
these laws are of necessity amendments or extensions o f previous
legislation, though in some cases new features are introduced, and
in general the tendency is toward stricter legislation and an approach
to uniformity. A form o f regulation quite commonly found in Euro
pean countries appears for the first time on a statute book o f the
United States in the requirement by a Massachusetts statute that
mothers employed in factories, etc., shall be allowed two weeks’ rest
before childbirth and shall not be permitted to work until four weeks
after that event.
Taking up first the general regulations for the employment o f
children, several acts are found which entirely supersede former laws,
while others make more or less extensive changes. In California
(ch. 456) a general law is passed superseding the earlier statute,
fixing the age limit for the employment o f children generally at 15
years (12 years i f parents are dependent and the child has a permit
from the judge o f a juvenile court or a superior court), and fixing the
hours o f labor for children under 18 years of age at a maximum o f
9 hours per day or 54 hours per week. Work between 10 p. m. and
896
BULLETIN OF THE BUEEAU OF LABOE.
5 a. m. is prohibited. Illiterates under 16 years o f age can not be
employed during school hours unless they attend night school. Em
ployers must keep a schedule o f working time posted and have rec
ords to show name, age, and residence o f children under 16, together
with an age and schooling certificate. I f a child within the scope o f
the compulsory education law is unemployed for more than two weeks
during the school term he must attend school regardless o f the fact
that he holds an employment certificate. In Colorado (ch. 95)
the age limit is fixed at 14 years, children under 16 not being allowed
to work more than 8 hours per day or between 8 p. m. and 7 a. m.
What may be called the standard list o f dangerous or hazardous em
ployments is prohibited to children under 16 years o f age, as are all
injurious or immoral employments. Girls under 16 are not allowed
to be employed where they must stand constantly, nor may girls
under 10 be employed in street trades. Registers o f employed chil
dren between 14 and 16 years o f age must be kept, and a certificate
for their employment is required. Illiterates under 16 years of age
must attend night school, or if there be no night school no employ
ment certificate shall issue to them. The Connecticut statute (ch.
119) fixes a 14-year minimum age limit and requires certificates for
children under 16, with an educational standard including reading,
writing, and arithmetic through fractions, and an examination fdr
physical fitness for the work contemplated. Another chapter o f the
laws o f this State (ch. 123) enacts the standard list o f employments
forbidden to children under 16 years o f age, and requires elevator
operators to be at least 18 years o f age for elevators running over 200
feet per minute. The State o f Idaho (ch. 159) revised its education
law and incorporated as article 18 the provisions as to the employ
ment o f children found in the Acts o f 1907, page 248. An Indiana
statute (ch. 209) prohibits the employment o f any child under 14
years o f age in any gainful occupation, except that children over 12
may be employed in fruit canning and preserving establishments
from June 1 to October 1. The hours o f labor for children under 16
may not exceed 8 per day unless written permission is secured
from the parent or guardian o f the child, but may not exce.ed 54 hours
per week in any case, nor may work be done between 6 p. m. and 7
a. m. The standard list o f dangerous employments forbidden to
children under 16 is enacted, and the employment o f girls under 18
where they must stand constantly is forbidden. Minor changes were
made in the Massachusetts law by a provision fixing the standard of
education for employment certificates at a capacity to meet the
fourth-grade entrance tests (ch. 269), and by an act (ch. 310) requir
ing that the employment certificates o f illiterate children must show
that they are 16 years o f age. The law o f Missouri is amended
(p ; 132) so as to forbid the employment o f children under 14 years
BE VIEW OF LABOR LEGISLATION OF 1911.
897
o f age in any gainful occupation, or if not 16 years o f age for more
than 8 hours per day or 48 hours per week. Employment between
7 p. m. and 7 a. m. is forbidden. Factory inspectors are authorized
to review all certificates, and the provision permitting the employ
ment o f children under 14 years o f age whose labor is necessary for
the support o f the family is stricken out. The standard list o f occu
pations forbidden to children under 16 is incorporated in the law,
and street employments are prohibited for boys under 10 or girls
under 16 years o f age. In New Hampshire (ch. 162) the minimum
age o f employment is fixed at 12 years during vacation and 14 years
during the sessions o f school. Children under 16 may not be em
ployed during school time unless they can read and write or have
attended school for three years and the State superintendent of
public instruction authorizes their employment. Boys under 10 and
girls under 16 may not be employed in street trades; nor in mes
senger service between 10 p. m. and 5 a. m., under 18 years of age.
The maximum hours of labor for boys under 16 and girls under 18
are 58 per week or 11 per day, no work being allowed between 7 p. m.
and 6.30 a. m., except that children 16 years o f age may work until
10 p. m. in retail stores and telephone exchanges. Certificates must
be kept on file o f children under 16 years o f age, which are to be sur.rendered to any inspector after the termination o f employment on
his demand therefor. The North Dakota Legislature enacted a law
(ch. 266) providing for the compulsory school attendance o f children
between 8 and 15 years of age unless their labor is actually necessary
for the) support o f the family. Employment during school hours is
forbidden, instead o f during the school term as in the act o f 1909,
and the hours o f labor permitted for children under 16 years o f age
is fixed at 48 per week instead of 60 as formerly. An Oregon
statute (ch. 138) amended the previous law on this subject and makes
the minimum age for employment in factories, workshops, mercan
tile establishments, and business offices 14 years, and for employments
in telegraph, telephone, or public messenger service, 16 years. No
child under 14 years o f age may be employed for wages during the
school term. School attendance from 9 to 14 years o f age is re
quired during the whole term, and to 16 i f not legally employed.
Night work for children under 16 is prohibited between 6 p. m. and
7 a. m. and the hours o f labor may not exceed 10 per day with an
intermission o f 30 minutes at noon. Certificates must be on file for
employed children under 16 years o f age. Children between 12 and
14 years o f age may be employed in suitable work during vacation.
Messenger service for young persons under 18 is forbidden between
10 p. m. and 5 a. m. A Pennsylvania statute (p. 832) eliminates tan
neries from the list o f establishments in which children under 18 were
forbidden employment by act No. 182, Acts o f 1909. A statute o f
898
BULLETIN OF TH E BUREAU OF LABOR.
South Carolina (act No. 18) fixes the minimum age o f employment
at 12 years, forbids work between 8 p. m. and 6 a. m. for children
under 16, requires certificates for children under 14 years o f age
based on the affidavit o f the parent or guardian, and repeals section
8 o f act No. 74, Acts o f 1908, which allowed children o f dependent
parents to work under the established minimum age. The statute o f
Tennessee on this subject (ch. 57) fixes the minimum age at 14 years
for employment in any mill, factory, workshop, laundry, telegraph
or telephone office, or in the distribution o f merchandise or messages.
They may not be employed in any business so as to interfere with
school attendance during the term o f school except in domestic or
agricultural employments. An affidavit o f the age o f children under
16 must be on file with the employer, and employment in the stand
ard list o f occupations is forbidden under that age. The Texas
statute (ch. 46) fixes 15 years as the minimum age for employment
where dangerous machinery is used, or about machinery in any mill
or factory, or in any distillery or brewery. Children under this age
may not be employed where their health would be impaired or their
morals debased, nor may they be sent as messengers to a house of
immoral resort. The minimum age for employment in mines and
quarries is fixed at 17 years. The law o f Utah (ch. 144) on this sub
ject forbids the employment o f children under 14 years o f age in any
dangerous or harmful employment, and permits employment certif
icates to be issued only to children able to read and write the Eng
lish language. The maximum hours o f labor for children under 16
years o f age is 54 per week, except in fruit or vegetable packing.
Boys under 12 and girls under 16 may not engage in street trades,
and permits must be obtained for such employments by children
under 16 years o f age, who are not permitted to work after 9 p. m.
Messengers under 21 years o f age may not work between 9 p. m. and
5 a. m., nor may they be sent at any time to an objectionable place.
The age o f children who may be employed in Vermont in any rail
road office, mill, factory, or workshop, employing over 10 persons is
fixed at 14 years (act No. 70, Acts o f 1910), instead o f 12 years as in
the former law. Children under 12 years o f age may not be em
ployed in any such establishment regardless o f the number o f em
ployees, nor in delivering messages, nor in any store, office, restau
rant, or hotel. Children under 16 may not be employed in the list
o f occupations included in the standard list, nor girls under 18 where
they are required to stand constantly. Seats are to be supplied and
their use permitted during such times as the girls are not necessarily
engaged in their active duties. The minimum age fixed for employ
ment in or about factories, mills, workshops, or manufacturing estab
lishments in West Virginia is 14 years (ch. 60). Employment in any
business during school hours under this age is forbidden without a
REVIEW OE LABOR LEGISLATION OF 1911.
899
permit from the State commissioner o f labor or the county superin
tendent o f schools. Children under 16 are required to have an age
and schooling certificate. Numerous details of the Wisconsin statute,
sections 1728 to 1728i, are amended by a law o f the present year
(ch. 479) which fixes the age o f employment of children in musical
and theatrical establishments and o f pin boys in bowling alleys at
16 years, and o f boys in mines at 18 years instead of 14 years, as
formerly, in each instance. Instead o f providing merely that chil
dren shall not be employed, the law is amended by inserting after
this word in the statute the words “ required, suffered, or permitted
to work.7’ Other dangerous occupations are added to those formerly
prohibited, including employment where children are exposed to
poisonous vapors or dust. Children under 14 may not be employed
in any gainful occupation except as prescribed by the act, and em
ployment under 16 in any place where intoxicating liquors are made,
bottled, sold, or given away is forbidden. The 8-hour day is pre
scribed for children under 16 years o f age, employment being re
stricted to 6 days per week. Thirty minutes must be allowed for
lunch. A list o f dangerous or responsible positions is given for
which a minimum age of 18 years is prescribed. Messenger service
in cities o f the first, second, and third classes between 8 p. m. and
6 a. m. is prohibited for persons under 21 years o f age. A new sec
tion o f the law prescribes the contents o f the permits, the evidence o f
age, and the certificate of literacy, which must show 7 years o f
school attendance. Intending employers o f minors are required to
notify tl|e commissioner o f labor o f the fact, and to file statements o f
the actual employment of such persons and keep permits on file in
the establishment. I f minors under 18 years o f age are to be em
ployed, notice thereof must be given and a special inspection made
as to conditions o f safety and sanitation.
Employment in mercantile establishments is regulated by laws o f
New Jersey (ch. 136) and New York (ch. 866). By the former law
employment under 14 years o f age is not permitted during school
hours, nor under 16 years o f age for more than 58 hours per week.
Employment between 7 p. m. and 7 a. m. is forbidden except that in
one night each week employment may be extended to 9 p. m., and
from December 15 to December 25 in each year, to 10 p. m. A
register o f children employed under 16 must be kept. Conditions
o f safety and sanitation are to be maintained in mercantile establish
ments where children are employed, and a copy o f the law posted
therein. The commissioner o f labor is charged with the enforce
ment o f this law. The New York law forbids the employment o f
children under 16 for more than 6 days or 54 hours per week or 9
hours per day, or from 7 p. m. to 8 a. m. No child under 14 years
o f age may be employed, and certificates are required for all under
900
BULLETIN OF TH E BUREAU OF LABOR.
16. This law applies not only to mercantile establishments but to
business offices, places of amusement, barber shops, hotels, messenger
service, etc. Females between 16 and 21 years o f age may not be
employed in stores for more than 60 hours per week, or 10 hours per
day unless to shorten one day in each week. Employment between
10 p. m. and 7 a. m. is forbidden except from December 18 to 24,
inclusive; 45 minutes are to be allowed for a noon-day lunch, and if
any work is done after 7 p. m., at least 20 minutes for an evening
lunch.
Two acts o f the Pennsylvania legislature relate to the employment
o f children at mines, one (p. 537) reducing the time for the midday
meal from 45 minutes, as fixed by act No. 210, Acts o f 1909, to 30 min
utes; the second (p. 983) amending the same law so as to prohibit the
employment o f any child under 14 in or about any breaker, washery,
or in or about any outside work. No child under 16 years o f age
is to be employed inside any mine or outside the same without a
certificate, which is to be entered on a registry kept open for inspec
tion.
Employment in street trades is considered in a statute o f Nevada
(ch. 197), known as the juvenile court law. This statute defines as
a dependent or neglected child any child who, being under the age o f
10 years, begs or peddles or sells articles, or sings or plays for gain
in a public place; and in a law of Wisconsin (ch. 439) which raises
the age for selling newspapers and magazines from 10 to 12 for boys
and from 16 to 18 for girls. For boys in other street trades the mini
mum is raised from 12 to 14 years, and the minimum age for girls
for employment in any street trade is fixed at 18 years. Permits are
required for boys under 16 years o f age instead o f 14 as formerly,
and only a baptismal or birth certificate or school record may be
admitted as proof o f age. Paper carrier boys on salary may have a
card issued by a factory inspector instead o f a regular permit. Other
changes regulate employment at night, raise the age for employment
at street trades during school hours to 16 years, and direct the en
forcement o f the law by the commissioner o f labor and the factory
inspectors instead o f by the police and truant officers. An added
ground is given for suspending the permit o f any child by providing
that this shall be done where the owner fails to comply with the
school-attendance regulations.
Three statutes were enacted relating to messenger service exclu
sively, in addition to the mention o f this subject in various more
general laws, as noted above. An act of Georgia (p. 117, Acts o f
1910) forbids children under 16 years o f age to deliver messages
between 9 p. m. and 6 a. m.; one o f Massachusetts (ch. 629) forbids
delivery o f goods or messages except newspapers by persons under
21 years o f age between 10 p. m. and 5 a. m.; and one o f New Jersey
REVIEW OF LABOR LEGISLATION OF 1911.
901
(ch. 363) forbids young people under 21 in cities o f the first class
and under 18 years o f age elsewhere to be employed between 10 p. m.
and 5 a. m. in distributing goods or messages. Minors under 18
years o f age engaged in any business are forbidden to work between
10 p. m. and 5 a. m. by a California statute (ch. 688).
A n Oregon statute (ch. 74) fixes the age o f employment for boys as
logging engineers at a minimum o f 18 years, and no one under 16
years o f age may be employed to give signals to such engineer.
The matter of educational qualifications and the school attendance
o f employed children was considered in several statutes. By an Ala
bama statute (p. 247) it is directed that public school buildings shall
be so located as to accommodate the children employed in any manu
facturing plant, and that the school funds shall be so apportioned
as to give such children an equal term with other children of the
district. School attendance is prescribed in Arkansas (act No. 231)
for children between the ages of 8 and 16 years during one-half the
school term, and to 20 years if not actively, regularly, and lawfully
employed. Exceptions are permitted if the labor of any child is
necessary to the support of the family, or if he has completed seven
grades o f school work. Forty-one o f the 76 counties o f the State
are exempt from the application of the law. In California (ch. 482)
attendance to 15 years o f age is compulsory during the full term of
the school unless the child has a permit to work after the age of
12 years. In Hawaii (act No. 150) attendance is compulsory to the
age of 17 years unless a child is 13 years o f age and has passed an
examination covering the primary and grammar grades, or is 15
years of age and is suitably employed under the direction of a
parent or guardian. The Massachusetts statute regulating the em
ployment o f illiterates is amended (ch. 241) so as to require their
attendance at night school if they are below 21 years o f age. In
Michigan (act No. 198) it is provided that where children are unable
to attend school on account o f poverty, their labor being necessary to
support themselves or their parents, the board of education may grant
such relief as will enable such child to attend for the entire school
year. A Nevada statute (ch. 133) requires school attendance of all
children between 8 and 16 years of age unless their labor is necessary
to their own or their parents’ support. A statute of Pennsylvania
(p. 309) exempts from compulsory attendance children between 14
and 16 years of age who can read and write, and who are regularly,
usefully, and lawfully employed; no child between 8 and 14 is to be
employed during school hours during the term of compulsory at
tendance, nor under 16 without an employment certificate. In Ver
mont (Acts o f 1910, No. 69) children under 16 years of age, who have
not completed the ninth year of school, are not to be employed in
railroad offices, mining, manufacturing, hotels, etc., during school
25202°—Bull. 97—12---- 3
902
BULLETIN OF TH E BUREAU OF LABOR.
hours, without a permit. This law also forbids employment after
8 p. m. A law o f Wisconsin (ch. 522) directs that in cities where
there is an evening school, children over 14 may not be employed
unless they have a certificate that they are able to read and write or
are in attendance at such evening school; while a second law (ch. 660)
provides that if children under 16 are employed under permit where
there is an evening school, a continuation class, or an industrial or
commercial school, they must attend such school for not less than
five hours per week for six months, the time to be counted off from
their work time.
A statute o f Minnesota o f the year 1909 (ch. 499) directed certain
sanitary requirements for mercantile establishments. These require
ments are extended to manufacturing and mechanical establishments
where women and children are employed by an act o f the present
year (ch. 184). An act o f the Alabama Legislature o f 1909 (p. 158)
is amended (p. 546) by adding to the list of offenses named in the
former law the failure or refusal of employers to furnish the in
spectors with the information required for their reports and records.
Authority to inspect is given to the chief clerk or a deputy o f the
State prison inspector in addition to the power vested in him per
sonally. The matter of inspection is considered also in an act o f the
Montana Legislature (ch. 127) which provides for six deputies in the
bureau of child and animal protection, instead o f two as formerly,
one to be located at each o f the six principal cities of the State, and
to have full power to enforce laws or make investigations.
Hours of labor are specificially regulated by several laws, one of
North Carolina (ch. 85) relating only to the employment o f children
under 18, fixing the hours at 60 per week after January 1, 1912,
instead of 66 as formerly. The California law applicable to women
(ch. 258) fixes the hours o f labor at eight per day and 48 per week,
except in the harvesting, canning, etc., o f perishable fruits or vege
tables. This law also directs that seats shall be furnished and their
use permitted when the employees are not engaged in active duty.
The Connecticut statute on this subject (ch. 278) simply inserts a
provision in the existing law requiring that a schedule o f hours of
labor o f women and children be posted showing the employment o f
each person and making longer employment a violation of the law.
The Illinois act o f 1909 is extended (p. 328) so as to apply also to
mercantile establishments, hotels, restaurants, telegraph and tele
phone offices, any place of amusement, express and transportation
companies, and any public institution incorporated or unincorpo
rated. A section is added to the law requiring a time book or record
to be kept showing the schedule o f employment for each female,
which book shall be open to inspection. The former law' o f Maine
REVIEW OF LABOR LEGISLATION OF 1911.
903
is amended (ch. 55) by excepting from its restrictions establishments
or businesses in which the materials or products are perishable and
require immediate attention to prevent damage or decay. Massachu
setts brings garment workers connected with mercantile establish
ments under the general mercantile law, making 56 hours the maxi
mum week’s labor (ch. 313). Children under 18 and women employed
in factories have their hours o f labor reduced in this State (ch. 484) to
54 hours per week as a maximum instead of 56 hours as formerly.
Several changes are made in the Michigan statute of 1909 (act No.
285) by an act (No. 220) requiring the section o f the law relating
to hours o f labor to be posted in all establishments wThere it applies,
striking out the exception permitting children under 16 years of
age to do night work as messengers, restricting the employment
o f children under 18 between 10 p. m. and 5 a. m. to the delivery of
messages or merchandise, and making more stringent regulations as
to certification and registration. The law o f Missouri limiting the
hours o f labor o f females to 9 per day or 54 per week is made of
general application (p. 311), instead of restricting it to cities of more
than 5,000 population. The prohibition o f night work is eliminated,
as is the provision as to the posting of the law and making the
presence o f a female evidence o f employment. A n amendment o f the
Ohio law (p. 488) directs the supply o f seats for female employees
and permission for their use. Women may not be employed more
than 10 hours per day or 54 hours per week, with 30 minutes for
meal time if a lunch room is provided, and if not, an interval of
one hour. This statute directs a supply o f toilet and dressing rooms
and o f water-closets on the same or the next floor to the place of
employment. The South Carolina statute (act No. 83) relates to
the employment o f females in stores, fixing the maximum at 60
hours per week or 12 per day, no employment being permitted after
10 p. m. In Utah (ch, 133) women may not be employed for more
than 9 hours per day or 54 hours per week in manufacturing, me
chanical, and mercantile establishments, laundries, hotels, telephone
or telegraph offices, etc. In Washington (ch. 37) the 8-hour day for
females is prescribed except in canneries and the harvesting^ etc., o f
perishable fruits and vegetables. The law provides that i f this
exception is unconstitutional it shall not affect the act as a whole.
It also directs that seats be furnished and their use permitted while
the women are not engaged in their active duties. A law of Wiscon
sin (ch. 548) fixes the hours o f labor at 10 per day or 55 per week in
manufacturing, mechanical, and mercantile establishments, in laun
dries, restaurants, and telegraph and telephone offices, or in employ
ment by express or transportation companies. I f any part o f the em
ployment is between 8 p. m. and 6 a. m. it is considered as night work
904
BULLETIN OF TH E BUREAU OF LABOR,
and only 8 hours per day and 48 hours per week are permitted. One
hour is to be allowed for dinner, and a schedule o f the time o f em
ployment o f each person is to be posted in the establishment.
Besides the requirements o f seats for female employees contained
in the foregoing statutes, a separate law o f Maine (ch. 26) requires
the supply o f seats for female employees in stores, with permission
for their use when not actively employed; while in South Carolina
(act No. 93) the commissioner of agriculture, commerce, and in
dustry is given power to enforce the existing law^ to which end he
may employ a female inspector, and the sum o f $300 is appropriated
therefor.
Employment in saloons o f females other than the wife or daughter
o f the proprietor, except in a hotel o f good reputation after a writ
ten authorization by the county commissioner, is forbidden by a
statute o f Connecticut (ch. 101); while the law o f Utah (ch. 106)
prohibits the employment of any female in a saloon, brewery, or
bottling establishment, or (ch. 144), i f under 21 years o f age, in any
restaurant or resort where liquor is sold.
The statute referred to in the opening o f this section relative to
the employment o f women before and after childbirth is an act o f the
Massachusetts Legislature (ch. 229), and requires a total o f 6 weeks’
rest for employed women^ 2 weeks before and 4 weeks after the
birth o f a child.
The earnings o f married women are declared to be their own the
same as i f single by an act o f the Michigan Legislature (ch. 196) ;
while in Tennessee (ch. 20) they are to be hers if she is dependent on
her own earnings, and the payment of them to any other person is
void.
EMPLOYERS’ LIABILITY AND WORKMEN’ S COMPENSATION.
As stated in the introductory remarks, the most striking feature o f
labor legislation o f the year 1911 is that substituting a form o f com
pensation or insurance for the victims o f industrial accidents, grant
ing without suit at law definite sums to injured workmen or their
dependents, without reference to the negligence o f the employer.
Ten States passed laws o f this nature during the year, those o f Cali
fornia (ch. 399), Illinois (p. 314), Kansas (ch. 218), Nevada (ch.
183), New Hampshire (ch. 163), New Jersey (ch. 95), and Wiscon
sin (ch. 50), being in form compensation laws; while in Massachusetts
(ch. 751), Ohio (p. 524), and Washington (ch. 74), insurance laws
were enacted. O f the laws providing for compensation, all but
Nevada make the adoption o f such provision optional with the em
ployer, the legislature o f that State having made the acceptance o f
the compensation system compulsory upon employers to whom the act
applies. In every case, except in Ohio, the total cost o f the compensa
tion or insurance rests upon the employer, 10 per cent of the cost, of
REVIEW OE LABOR LEGISLATION OF 1911.
905
the insurance being chargeable to the employee in the State named.
In the States providing for the insurance system, the acceptance of
such system is optional with the employer in Massachusetts and Ohio,
and obligatory in Washington as regards the enumerated list o f
“ extra hazardous ” employments and optional as to others. O f the
elective compensation systems, those o f California and Wisconsin are
compulsory as to employees o f the State and its subdivisions or
municipalities.
Where employers do not elect the systems of compensation or insur
ance provided for, so that their workmen ,must bring an action in
order to recover damages, the customary defenses o f employers in
such actions are modified or abrogated entirely; this abrogation,
however, does not affect employers sued by their employees after
election by the former to accept the provisions o f the new system,
nor employers who are not within the scope of the law either by
reason o f not being engaged in hazardous businesses, or, as is provided
in some cases, because the number o f workmen employed does not
exceed a specified minimum.
The principal features o f these laws are set forth in a chart facing
page 906, which shows in comparable form the nature and scope
o f the laws, the regulations as to suits and defenses, and the amount
o f compensation paid. Under this latter head are shown only the
limits o f payments where persons entirely dependent survive, or
where there are no dependents. Provision is made for partial de
pendents on a scale proportional to the amount o f support that they
were receiving from the deceased workman during his lifetime.
Cases o f total disability are variously provided for, some laws mak
ing distinctions where the injured person is so helpless as to require
constant attendance, while others make special distinctions in cases
involving maiming. Partial disability is provided for, either on the
basis o f the degree o f disability occasioned by the injury, or on the
basis o f the nature o f the injury, as o f the loss of an eye, limb, etc.,
or by a combination o f the two systems. The treatment accorded
nonresidents and aliens differs in some o f the laws, while in some no
mention is made o f this subject. It may be pointed out that in gen
eral the rights o f nonresidents and o f citizens are the same under
other State laws. (See last paragraph under next heading,66Actions
for personal injuries or death.” )
Besides enacting the elective compensation law the California Leg
islature adopted a concurrent resolution (ch. 66) providing for an
amendment to the constitution which would authorize the legislature
to enact a compulsory compensation law. The Legislature o f Ver
mont (p. 540) also took the necessary steps for the submission o f
such an amendment to the people of that State.
A joint resolution (No. 6) o f the New Jersey Legislature entrusted
to the commissioner o f labor the carrying out o f the compensation
law o f that State, and directed him to prepare a synopsis o f the act,
10,000 copies o f which are to be printed for posting in all buildings
906
BU LLETIN OF T H E BUREAU OF LABOR.
where manufacturing is carried on. The same legislature (ch. 368)
declared the continuance o f all contracts o f employment in existence
at the time that the act takes effect, unless one party thereto gives
notice to the contrary in writing. By the original act the administra
tion o f the compensation law o f Wisconsin was committed to a State
industrial accident board created by the act. By subsequent legisla
tion (ch. 485) the administration o f this act was committed to an
industrial commission which combines the functions o f the accident
board and the commissioner of labor.
O f the States providing for insurance systems, but one, Washing
ton, enacts a schedule o f premium rates, the duty o f fixing such rates
in the other States being entrusted to the board charged with the
administration o f the act. The Massachusetts statute permits insur
ance either in the State insurance association provided for by the
statute or in any insurance company authorized to do business in the
State. It may be noted in this connection that in but one of the
States providing for compensation systems is there any provision for
guaranteeing the payment o f benefits to injured workmen without
reference to the solvency o f the employer, the New Hampshire law
requiring employers electing to accept this provision to furnish the
commissioner o f labor with proofs o f their financial ability or to
make a bond to secure payments under the law.
The Federal statute o f May 30, 1908, providing for compensation
for injuries to certain employees of the United States was amended
by an act o f the recent Congress (ch. 285), in so far as the law
relates to employees o f the Isthmian Canal Commission. By this
amendment the law was made applicable to all the employees under
the commission when injured in the course of their employment,
without reference to hazard, permits death claims to be filed within
1 year instead o f 90 days, as in the general law, and commits the
administration o f the law to the Isthmian Canal Commission in so
far as it relates to its employees.
The question o f the constitutionality o f the State laws has been
passed upon by the courts of last resort in Ohio, Washington, and
Wisconsin, their constitutionality having been upheld. (F or the last
two see Bulletin No. 96, pp. 799 to 839.) The compulsory compensa
tion law o f New York and the compulsory cooperative insurance law
of Montana, relating to coal mines only, were, on the other hand, de
clared unconstitutional by the supreme courts o f those States, though
in the latter the principle of cooperative insurance was sustained by
the court, the law being declared unconstitutional only on account o f
the inclusion o f a provision which might have been omitted without
affecting the general purpose o f the law. (F or the decision on the
New York law see Bulletin No. 92, pp. 251 to 273, and for that o f
Montana, Bulletin No. 96, pp. 786 to 799.) An appeal has been
taken to the Supreme Court o f the United States on the question of
the constitutionality o f the insurance law o f Washington.
PRINCIPAL FEATURES OF LAWS ENACTED IN 1911 RELATIVE TO WORKMEN’ S COMPENSATION AND INSURANCE.
H ow election is made.
States, etc.
System provided
for.
Industries covered.
B y employer.
B y employee.
Presumed in ab
sence o f writ
ten notice if
em ployer
elects.
Defenses abrogated if
employer does not
elect
Suits for damages
None (assumed risks
and fellow-sendee
abrogated, and com
parative negligence
enacted b y general
liability law).
Permitted in lieu of
compensation if em
ployer was person
ally grossly negli
gent or violated a
safety law.
California. C h .
399. A pproved
A pr. 8, 1911.
I n effect Sept.
1,1911.
C o m p e n s a t io n ,
elective (com
pulsory as to
State and mu
nicipalities).
A ll (casual employees
excepted).
W riting f i l e d
with
indus
trial accident
board.
Illinois. P. 314.
Approved June
10,1911. In ef
fect May 1,1912.
Compensation,
elective.
“ Especially danger
ous” (casual em
ployees and those
not exposed to haz
ards of employments
excepted).
“ Especially danger
ous” (enumerated
list) where 15 or more
workmen are em -
Presumed in ab ........d o .................. Assumed risks, fellowservice; contributory
sence o f writ
negligence to be
ten n o t i c e ;
measured.
must post
notice to bind
employees.
W riting f i l e d ........d o .................. Assumed risks, fellowservice; contributory
with secretary
negligence to be
of state.
measured.3
“ Dangerous ”
(enu
merated list).
W riting f i l e d
with commissi o n e r of
labor, w i t h
proof o f finan
cial ability or
bond.
Presumed in ab
sence of writ
ten notice.
Kansas. Ch. 218.
.d o .
fect Jan. 1,1912.
N ew Hampshire.
Ch. 163. A p
proved Apr. 15,
1911. In effect
Jan. 1,1912.
.d o .
N ew Jersey. Ch. ........d o ...................... A ll..
95. Approved
Apr. 4, 1911.
In effect July 4,
1911.
Wisconsin. Ch. Compensation, A ll (casual employees
50. Approved
elective (com
excepted).
May 3, 1911.
pulsory as to the
In effect Sept.
State and its
1,1911.
municipalities).
W riting f i l e d
with Indus
trial Commis
sion.
Presumed in ab Assumed risks, fellowservice; contributory
sence o f writ
negligence
unless
ten notice if
willful.
e m p 1o y e r
elects.
------d o ................. Assumed risks, fellowservice (if 4 or more
employees).
Not permitted after
electing to receive
compensation.
Compensation,
compulsory.
“ Especially danger
ous” (enumerated
list; workmen en
gaged in manual or
mechanical labor).
M a ssa ch u setts.
Ch. 751. A p-
Insurance, e l e c
tive (State or in
authorized com
pany).
All (casual employees
excepted).
B y subscribing
to State asso
ciation, or in
suring.
Presumed In ab
sence o f writ
ten notice if
employer In-
O h i o . P. 524.
Approved June
15,1911. In ef
fect Jan. 1, 1912.
State insurance,
cooperative,
elective.
All employing 5 or
more workmen.
B y paym ent of
premium.
Presumed after
employer has
posted notice
of payment.
W ashington.
Ch. 74. A p
proved Mar. 14,
1911. In effect
Oct. 1,1911.
State insurance,
compulsory.
*Extra hazardous ’ ’
(enumerated list);
elective as to all
others.
1911. In effect
July 1,1912.
Permitted in lieu of
compensation if em
ployer was person
ally negligent.
Permitted in lieu of
compensation.
N e v a d a . C h.
183. A pproved
Mar. 24, 1911.
In effect July 1,
1911.
Em ployer m ay in
sure or maintain
a benefit fund,
but may not red u c e liability
fixed b y law.
(To face page 906.)
Em ployer.........
Approved schemes ........d o ................
may be substi
tuted.
65 per cent of weekly
wages for not more
than 15 years, total
not to exceed 3 years’
earnings; if nurse is re
quired, 100 per cent;
minimum wages per
annum, $333.33; m ax
imum, $1,666.66.
50 per cent o f weekly
earnings for 8 years, $5
minimum, $12 maxi
mum, up to $3,500.*
65 per cent of wage de
crease; wages consid
ered and total pay
ments same as for total
disability.
During first 90 days; not
to exceed $100.
Notice in 30 days;
claim in X year.
Industrial a c c i
dent board; lim
ited appeal to
courts.
50 per cent of wage de
crease; $12 maximum,
for not more than 8
years.
During first 8 weeks, not
over $200; physician or
surgeon during disa
bility unless employee
prefers his own.
Notice as soon as prac
ticable; claim in 6
months.
A r b i t r ators for
each case; appeal
to courts.
50 per cent of weekly
earnings; $6 mini
mum, $15 maximum,
for not more than 10
years.
50 per cent of average
weekly e a r n i n g s ;
maximum, $10 for not
more than 300 weeks.
25 to 50 per cent of
weekly earnings; $3
minimum, $12 maxi
mum, for not more
than 10 years.
50 per cent of wage loss;
maximum, $10 per
week, not more than
300 weeks.
Only if employee dies
leaving no dependents.
Notice in 10 days;
claims in 6 months.
Local committees
or arbitrators;
court r e v i e w
allowed.
$750
m aximum
except to resi
dents of Canada.
Notice as soon as prac
ticable, and before
leaving s e r v i c e ;
claims in 6 months.
P r o c e e d i n g s in
equity.
Beneficiaries must
be residents o f
State.
50 per cent of wages for
400 weeks; $5 mini
mum, $10 maximum.
Proportionate, f i x e d
scale (sec. 11, 9).
During first 2 weeks; not
over $100.
Judges of courts of
com m on pleas.
Excluded.
65 per cent of wages, if
nurse is required, 100
per cent after 90 days;
no total to exceed 4
years’ earnings.
65 per cent of wage de
crease; no total to ex
ceed 4 years’ earnings.
For not more than 90
days.
Notice in 30 days; in
90 days if employee
can justify delay and
employer was not
prejudiced thereby.
Notice in 30 days,
claim in 2 years.
Industrial Com
mission; appeal
to courts.
Included.
3 years’ earnings; $2,000
m inimum,
$3,000
maximum; no depend
ents, $300.4
60 per cent of weekly
earnings; specified in
creases for specified
maimings, total not to
exceed $3,000.4
Only if employee dies
leaving no dependents.
Notice as soon as prac
ticable; claim in 6
months.
Arbitrators
for
each case; if de
cision is not
unanimous, ap
peal to courts.
50 per cent of weekly
wages for 300 weeks,
$4 m i n i m u m , $10
maximum; no depend
ents, $200.
50 per cent of weekly
wages for not over 500
weeks, $4 minimum.
$10 maximum, total
not to exceed $3,000.
More than 1 w eek, $150 funeral expenses;
66$ per cent or wages
for 6 years; $1,500 mini
mum, $3,400 maxi
mum.
66$ per cent of wages
until death, if perma
nently disabled; $5
minimum, $12 maxi
mum.
Such proportion of 60 per
cent of earnings as loss
of capacity bears to
total loss; maimings as
in case of total disa
bility.4
50 per cent of weekly
wage loss, $10 maxi
mum, for not more
than 300 weeks: fixed
rates for specified in
juries.
66$ per cent of wage de
crease for 6 years; $5
per week minimum,
$12 maximum; not
over $3,400 in all.
Not to exceed $200.
To be fixed b y board.
Proportionate; not over
$1,500. 7
50 per cent of benefits
added for first 6
months of total tempo
rary disability; not
more than 60 per cent
of wages in all.
Claim in 1 year..
More than 1 week. 3 years’ earnings; $1,000
minimum, $5,000 m ax
imum; no dependents,
$100.
More than 6 work
ing days; then
c o m p e n s a t io n
from eighth day.
$ 100.
Assumed risks, fellowservice, contributory
negligence, except
in domestic and
farm laborers.3
Not permitted after
election of insurance
system.
Employer may in
sure in any au
thorized liabil
ity com pany.
.d o..
More than 2 weeks.
Assumed risks, fellowservice, contributory
negligence (if 5 or
more employees).
Permitted in lieu of
compensation if in
jury was caused b y
willful act of em
ployer, or his officers
or agents, or failure
to com ply with safety
law.
Permitted in addition
to insurance bene
fits if injury re
sulted
from
de
liberate intention of
employer.
Employer..
4 years’ earnings; $1,500
minimum, $3,500 m ax
imum; no dependents,
$150.
More than 2 weeks. 3 years’ earnings; $1,200
minimum, $3,600 m ax
imum; no dependents,
.d o .
F orbidden.
Nonresident alien
beneficiaries o f
deceased work*
men.
Medical and surgical aid.
Forbidden.
Employer, 90
per cent; em
ployee, 10 per
cent.
Disputes settled
b y—
Partial disability.
Permitted in lieu of
compensation.
N o reduction of ........d o ..............
liability allowed.
Death.
Time for notice and
claim.
Total disability.
More than 1 week
(paym ent
for
first week if disa b i l i t y lasts
more than 4
weeks).
More than 10 days.
.do.
Compensation for—
To be compen
sated disability
must continue—
___ d o ................ ........d o ....................
1 If complete disability still continues, “ then a compensation during life, equal to 8 per cent of the death benefit,” not less than $10 per month.
3 Employers having fewer employees m ay elect, but lose no defenses if they do not.
3 These defenses are not abrogated where an employee sues an employer who has elected to use the compensation system.
4 Contributory negligence to be measured; compensation m ay be reduced proportionately.
25202°— Bull. 97— 12.
Burden of cost
is on—
Permitted in lieu of ........d o ...................... ........d o ................
compensation where
employer intention
ally fails to com ply
with a statute.
None (assumed risks,
fellow-service and
contributory negli
gence restricted b y
liability provisions
of statute).
By accepting
compensation
or beginning
p r o c e e d in g s
under the act.
Special contracts.
4Loss of earning
power shall exceed 5 per
cent.” 5
150 times weekly earn
ings, not more than
$3,000; no dependents,
$ 100.
25 to 60 per cent of
wages for 300 weeks;
$5 minimum, $10 m ax
imum; no dependents,
$200.
4 years’ earnings; $1,500
minimum, $3,000 m ax
imum; no dependents,
$ 100.
$75 funeral expenses;
spouse receives $20
m onthly; each child
up to 3, $5 per month;
m aximum, $4,000.6
$20 per month if single,
$25 if married; for each
child under 16 years.
$5 per month, not
over $35 in a ll.7
.do.
During first 2 weeks.
.d o..
Included.
Arbitrators
for
each case; in
dustrial a c c i
dent board; ap
peal to courts on
points of law.
State
Liability
Board of A wards;
limited appeal to
courts.
Industrial Insur
ance
Depart
ment; appeal to
courts.
Only father and
mother to b e
considered.
5 Construed by department to exclude cases in which less than 5 per cent of a working m onth was lost.
* **
ow remarf*es s^e receives a lum p sum of $243. If there are children and no widow they receive $10 per month each, but not more than $35 in a ll, until 16 years of age; if injury
was caused b y removal of safeguard b y injured employee, or b y a fellow-workman with his consent! 10 per cent is deducted.
7 I f injury was caused b y removal o f safeguard b y injuredl employee,
’
' "
’
’ ’ ^
or ’b y a fellow-workman
with
his------------A
consent, -------------10 per cent is deducted.
REVIEW OE LABOR LEGISLATION OF 1911.
907
The prominence given to the idea o f compensation as a substitute
for the determination o f liability did not prevent the enactment o f
a considerable body o f legislation providing for suits at law based
on the principle o f the employer’s liability for negligence. A num
ber o f these are simply amendments to existing laws, while others
embody provisions showing wide departure from the previous prac
tice in the jurisdictions affected. In Alabama two acts (pp. 483, 485)
were passed restricting the bringing o f suits under the liability law
o f that State, whether for death or for injuries to workmen, by re
quiring such suits to be brought in the courts o f the State. A statute
o f Arkansas (act No. 88) relating to the liability o f railroad com
panies for injuries or death o f their employees makes the employer
liable for the negligence o f fellow servants, for defects in rules and
regulations, for failure to provide an adequate number o f employees,
lack o f clearance between the track and adjacent objects, and other
defects in the equipment, ways, etc. The employer’s knowledge of
the defect is presumed, and the fact o f such defect is declared to be
prima facie evidence of the same. The doctrine o f comparative negli
gence is enacted, and contributory negligence can not be pleaded i f
a safety statute was violated, nor can an employee be charged with
the assumption o f risk in such case. Contracts o f waiver are not
permitted, but payments o f benefits or contributions to relief funds
may be offered as offsets. A Colorado statute (ch. 113) declares the
liability o f employers for injuries to employees, abrogating abso
lutely the defense o f fellow service, repealing previous legislation
(secs. 1511a to 1511^, Mills’ Annotated Statutes, Supplement o f 1904)
to the same effect. The amount o f damages allowed in case o f death
may not exceed $5,000, and action must be brought within two years
from the time o f the accident causing the injury, or from the time
o f the death, i f death ensues. A law o f general application affect
ing employers having five or more employees was passed by the
Indiana Legislature (ch. 88), also taking away the defense o f fellow
service, and requiring the defendant to bear the burden o f proof if
he charges contributory negligence. Neither this defense nor that
o f assumed risks may be offered if the employer violated any statute,
ordinance, or rule or direction o f a public officer, nor if the person
was injured in consequence o f obedience to direct orders o f a supe
rior. The damages allowed may not exceed $10,000, and contracts o f
waiver are forbidden. Another act o f the same legislature (ch. 236)
prescribes safety devices in building operations and inspections by
employers engaged in construction and excavation work, in operat
ing machinery, and in manufacturing or transmitting electricity.
Safety appliances are to be installed “ without regard to additional
cost,” “ the first concern being safety to life, limb, and health.”
Employers engaging in business or work o f the character indicated
are declared to be conducting a dangerous occupation and must com
908
BULLETIN OF TH E BUREAU OF LABOR. ’
ply with the provisions o f this act. Besides its compensation act,
the Legislature o f Kansas passed a law (ch. 239) making railroad
companies liable to injured workmen for the acts o f fellow servants
or for defects in ways or equipment. The doctrine o f comparative
negligence is enacted, and risks caused by the employer’s violation
o f any statute are not to be considered as assumed by the workman.*
Contracts o f waiver are forbidden, but set-offs o f benefits or other
payments by the employer may be allowed. The Missouri statute
on this subject, section 5425, Revised Statutes, is amended by an act
(p. 203) which charges any officer, agent, or employee by whose
negligence, unskillfulness, or criminal intent a workman was injured
with liability in an action for damages, either alone or jointly with
the employer, at the option o f the suitor. A Montana statute (ch.
29) relating to the liability o f railroad companies for injuries to
their employees is applicable to employees o f all classes, and declares
the liability o f the company for the acts o f fellow servants o f the
injured workman or for injuries caused by defective appliances.
The negligence o f the employer or o f a fellow servant is not an
assumed risk, and no contributory negligence can be charged i f the
violation o f a safety statute contributed to the injury; the doctrine
o f comparative negligence is embodied in the law. The people o f
Oregon by referendum adopted a law (ch. 3) covering construction
work, the erection and operation o f machinery, the manufacture,
transportation, and use o f electricity, and the manufacture o f any
dangerous appliances or substances. The law enacts provisions for
the protection o f employees on buildings and in factories, etc. The
defense o f fellow service is not abrogated, but is closely restricted,
and the rule o f comparative negligence is prescribed. The liability
law o f South Dakota (ch. 206) relating to railroads takes away the
defense o f fellow service, provides for injuries due to defects in ways,
appliances, and equipment, enacts the doctrine o f comparative negli
gence, takes away the defense o f assumed risks where a statute is
violated, and gives to survivors o f deceased employees the same
rights that they themselves would have had i f living. The Vermont
statute (Acts o f 1910, No. 97) relates to all injuries resulting from
defects in ways, works, or machinery, those due to the negligent
acts o f superintendents or persons so acting, or to the negligence o f
persons in charge o f any signal, switch, locomotive, or train on a
railroad. The rights o f employees are declared to be the same as
those o f third persons, and employers are liable to the employees
o f contractors. The amount o f damages for personal injuries may
not exceed $4,000 and the maximum for death is $5,000. The defense
o f ordinary care or diligence is not allowed to employers under a
statute o f Wisconsin (ch. 396), which declares the duty to supply
guards for dangerous machinery as directed by any statute to be
REVIEW OF LABOR LEGISLATION OF 1011.
909
absolute, and that it is not sufficient compliance with the law to
have exercised ordinary care with reference to the matter.
ACTIONS FOR PERSONAL INJURIES OR DEATH.
The laws considered under this head are o f general application,
but are of such importance as relating to employers and their work
men that they should be briefly noticed here. A Colorado statute
on this subject (ch. 114) allows interest at the legal rate on any
amount recovered as damages in a suit based on personal injuries,
such interest to run from the date of the filing of the suit. The
limit o f damages for injuries causing death is fixed at $10,000 by
a statute o f Connecticut (ch. 242). The time in which action may
be brought is fixed at 1 year. ^The maximum amount o f compensa
tion for death is increased fr6m $5,000 to $7,500 by a Minnesota
statute (ch. 281); while in Niw York (ch. 122) any recovery on
account o f death is exempt frolm liability for debts o f the deceased,
and must go only as a benefit to the husband, wife, or next of kin.
A Wisconsin statute (ch. 480)! declares that in actions for injuries,
where an attorney has appeared! for the plaintiff, no settlement out o f
court shall be valid unless it is consented to by such attorney or has
received the approval o f the court in which the action was brought.
The courts of Pennsylvania and Wisconsin have stood practically
alone in denying to the nonresident heirs or beneficiaries o f aliens
dying on account of injuries right to recovery therefor. Laws were
enacted by the recent legislatures of these States (Pennsylvania, p.
678, and Wisconsin, ch. 226) 1granting to alien nonresident bene
ficiaries the same rights o f recovery that accrue to citizens or resi
dents o f these States.
ACCIDENT INSURANCE.
The subject o f accident insurance was taken up by a number of
legislatures, and laws were passed in eight States containing provi
sions more or less directly affecting employment. The laws of Con
necticut (ch. 44), Idaho (ch. 228), Michigan (act No. 68), North
Carolina (ch. 209), North Dakota (ch. 158), Oregon (ch. 173), Wash
ington (ch. 49), and Wisconsin (ch. 84), require accident insurance
policies to contain, among othei* provisions, one to the effect that if an
insured person changes his occupation to one more hazardous he does
not thereby forfeit his right to insurance, but shall receive an
amount equal to that which the sum paid by him in premiums would
have purchased in the more hazardous employment. Rebates or
other discriminations are forbidden in the statutes o f Idaho and
Michigan. The provisions o f these statutes, except in North
Dakota, are held not to apply to blanket policies o f associations or
employers covering members o f the association or employees. An
910
BULLETIN OF TH E BUREAU OF LABOR.
Indiana statute (ch. 179) forbids rebates and directs that only
stated premiums may be collected. However, employers o f 50 or
more employees may pay any part o f the premium either in cash or
by services as collectors o f premiums.
REPORTING OF ACCIDENTS.
Laws of general application relating to the reporting o f accidents
were passed in Maine (ch. 102) requiring the reporting o f accidents
causing death, or disability for 6 days, occurring in any industrial
establishment, the report to be made within 10 days from the occur
rence o f such accident; Oregon (ch. 102), according to which any
employer o f more than three persons must furnish a detailed report
o f accidents to the commissioner o f labor; and Wisconsin (ch. 469),
in which State employers of four or more persons and all casualty
insurance companies must keep records o f all accidents and furnish
monthly reports o f the same to the State industrial commission. The
Legislature of Ohio (p. 53) amended its law on this subject so as
to require every manufacturer to report all accidents within 3 days
after their occurrence, giving his own name and address, the nature
o f his business, place o f the accident, the age, sex, and occupation of
the injured person, a statement as to whether or not the machinery
was guarded, and i f not, why, the cause and nature o f the injury,
etc. I f death ensues within 6 months, additional information is re
quired as to the rate of pay, the amount of wages lost since the
accident, and the amount of compensation paid by the employer on
account o f the injury, and to whom paid. The Legislature of
Nebraska (ch. 67) also provides for the reporting o f accidents in
factories. Some o f the laws providing for compensation or insur
ance require the reporting o f accidents. Thus by the law of Illinois
(p. 314) all fatal accidents are to be reported immediately and nonfatal compensated accidents twice monthly. In Massachusetts (ch.
751), New Jersey (ch. 241), and Washington (ch. 74) all accidents
are to be reported at once.
Accident-reporting laws restricted in their application to publicservice corporations, in some cases to railroads only, were passed in
California (ch. 20), Connecticut (ch. 128), Nevada (ch. 162), New
Hampshire (ch. 164), New Jersey (ch. 195), Oregon (ch. 279), and
Washington (ch. 117). These laws generally contemplate reporting
to the State railroad or public-service commission, and authorize
investigations; some give power to order changes. The Oregon
statute relates only to fatal accidents, and makes it discretionary
with the commission whether they shall investigate. Congress en
acted a law (ch. 103) requiring reports in a limited class o f cases.
The law o f Indiana on this subject was amended (ch. 76) by direct
ing that report shall be made by telegraph or telephone as soon as
possible after the accident, instead o f directing that they shall be
REVIEW OF LABOR LEGISLATION OF 1911.
911
made within five days thereafter, as form erly; while the Wisconsin
law was amended (ch. 472) by requiring the reporting o f all acci
dents causing injury to person and equipment or roadway, instead
o f fatal accidents only, as in the older law.
The subject o f accidents in mines is considered in an act o f the
Illinois Legislature (p. 329), which authorizes the establishment of
miners’ and mechanics’ institutes to promote the technical efficiency
o f all persons working in and about mines, to the end that acci
dents may be prevented and the resources o f the State conserved.
The administration o f this act is committed to the trustees of the
University o f Illinois. The codification o f mine laws in Alabama
(p. 500), Illinois (p. 387), Iowa (ch. 106), and Pennsylvania (p. 756)
retain or m odify earlier provisions as to reporting accidents.
OCCUPATIONAL DISEASES.
Eight States took up the subject o f occupational diseases, chiefly
by way o f directing reports. In California (ch. 485), Connecticut
(ch. 159), Illinois (p. 330), Michigan (act No. 119), New York
(ch. 258), and Wisconsin (ch. 252) physicians are directed to report
all cases o f poisoning from lead, phosphorus, arsenic, mercury, or
their compounds, and cases o f anthrax and of compressed-air illness,
except that cases of anthrax are not required to be reported by the
Wisconsin law ; while in Illinois the law relates to the use o f “ poison
ous chemicals, minerals, or other substances.” The laws of Cali
fornia, New York, and Wisconsin prescribe a fine o f $10 for failure
to report, while in Michigan the commissioner o f labor or any county
prosecuting attorney may prosecute known failures. The Connecti
cut law provides for no penalty for failure, but authorizes the pay
ment o f a fee o f 50 cents for each case reported, as does the law of
California. The Legislature o f Illinois enacted a law (p. 330) o f
considerable breadth on the subject o f occupational diseases, direct
ing that reasonable and approved devices be adopted for their pre
vention. Employers using forms o f lead and paris green, brass, zinc,
and poisonous chemicals are to furnish employees with working
clothing without cost, and if the employment develops dusts, with
respirators. Medical examinations o f exposed employees are to be
had monthly, washing and dressing rooms provided, no food is to
be taken into workrooms where materials o f the above nature are
used, and special provisions are prescribed for ventilation, dust
receptacles, etc. The State Board o f Health o f Ohio is authorized
by a joint resolution o f the legislature o f that State (p. 749) to
conduct an investigation o f the effect on health o f dust, dangerous
chemicals, and gases, and o f insufficient ventilation and light in
factories and workrooms, reporting the results o f such investigation
to the next legislature with recommendations for legislative or other
remedial measures. In Massachusetts (ch. 603) the State inspectors
912
BU LLETIN OF TH E BUREAU OF LABOR.
o f health or their subordinates are directed, when investigating the
subject o f the lighting of factories and workrooms, to make investi
gations concerning the eyes and vision in their relation to diseases o f
occupation, including injuries to the eyes; power to order changes is
granted.
LABOR ORGANIZATIONS.
The Legislature of Massachusetts passed a law (ch. 431) legalizing
the fining o f members by labor organizations if such fines are reason
able in amount and for a legal purpose. The bribery o f representa
tives o f labor organizations is made a misdemeanor by a New Jersey
statute (ch. 94), and witnesses summoned in connection with cases
o f this sort are not to be excused from testifying on grounds o f self
incrimination. Contracts prohibiting or restraining employees from
becoming members o f any lawful organization or society are for
bidden by an act of the Legislature o f Colorado (ch. 5 ); while in
Utah (ch. 74) it is declared unlawful for any person to exact money,
tribute, or support from another or to induce him by threats or
coercion to join any union.
Trade-marks of trade unions are the subject o f a law o f the State
o f Ohio (p. 420) amending previous legislation penalizing the unau
thorized use o f genuine union labels or the use o f any counterfeit of
the same. A California statute (ch. 181), more general in form, pro
vides penalties for the use o f any mark on goods or packages falsely
stating the kind or character of labor employed in the production o f
the goods. A statute o f Oregon (ch. 73) makes it unlawful for a
person not a member o f a labor organization to wear the badge o f the
organization or to seek aid as a member thereof.
The Oklahoma Legislature at its second extra session o f 1910
passed a resolution (senate concurrent resolution No. 3) to the effect
that union labor shall be employed in the construction o f the build
ings for the State capitol if such labor is available.
In this connection a statute o f Nebraska (ch. 32) providing for
the incorporation o f cooperative associations may be mentioned.
This law regulates the incorporation o f associations with 25 or more
members for the transaction of any lawful business on a cooperative
basis. Corporate powers are conferred upon them without reference
to the form o f their charter or articles o f association. This law does
not apply to building and loan associations.
ARBITRATION OF LABOR DISPUTES.
The Laws o f Alabama (p. 320) provide for a State board o f
mediation and arbitration consisting of 3 members appointed by the
governor. Where a strike or lockout is seriously threatened the gov
ernor may notify the chairman of such fact, whereupon a member
o f the board is to seek mediation. The governor may request the
chairman to call all members o f the board and conduct an investiga
REVIEW OF LABOR LEGISLATION OF 1911.
913
tion, though 2 members form a quorum for this purpose. On writ
ten request and a statement of the facts, together with a promise to
retain the existing status until a decision is reached and to accept
the award, arbitration proceedings may be had, the decision to be
made within 10 days. The statute makes provision also for local
boards o f arbitration, one meilnber to be appointed by the labor
organization interested, one by the employer, and the third member
by these two. The State board draws its pay from the State treasury,
local arbitrators and witnesses in all cases being paid by the parties
equally. When investigations are made in cases not requested by
the parties, the expenses o f the witnesses are paid by the State.
The subject o f mediation is provided for in acts o f the legislatures
o f Georgia (p. 133), New Hampshire (ch. 198), Oklahoma (ch. 128),
and Wisconsin (ch. 485) creating or relating to the State bureau
o f labor or corresponding office; while in Michigan (act No. 254)
the law providing for the arbitration o f labor disputes is repealed
and no substitute therefor eniacted. The provisions o f the Fed
eral statute commonly known as the Erdman Act were amended
(ch. 285) by authorizing the President to designate any member
o f the Interstate Commerce Commission or o f the Court o f Com
merce to act with the Commissioner o f Labor as mediator in disputes'
affecting common carriers by railroad, the original law having desig
nated the chairman o f the Interstate Commerce Commission as the
person who should so act.
CIVIL RIGHTS OF EMPLOYEES.
Laws o f Alabama (p. 421) and Wyoming (ch. 23) direct that em
ployees be allowed, in the former State a reasonable time and in
the latter, one hour, in which to vote at primary elections. In W is
consin (ch. 515) the afternoon o f all election days in cities o f the
first class are to be allowed as half holidays. (See also under “ H oli
days,” p. 884.) In the first two States it is declared that the time
allowed shall be granted without loss o f wages, while in the latter
State only works o f necessity or charity may be done.
Freedom in the selection o f places to board, lodge, or trade, or the
place or manner in which they expend their wages, is prescribed for
employees by an act o f the Idaho Legislature (ch. 123). This act
is not to interfere with the collection o f hospital fees or dues.
EMPLOYMENT OFFICES.
Laws relating to free public employment offices were enacted in
five States, in each case amendatory o f existing statutes. The Indi
ana law was amended (ch. 274) by increasing the number o f such
offices from one in the State to one in each city o f not less than
50,000 population. These offices are to get into communication with
914
B U LLETIN OF TH E BUREAU OF LABOR.
employers o f labor by advertising and otherwise. Weekly reports
are to be made to the State bureau o f statistics, as well as an annual
report in December o f each year. The superintendents o f free public
employment offices o f Massachusetts are directed (ch. 158) to receive
applications from aliens desiring positions as farm laborers and from
farmers wishing immigrant labor, and to seek to effect the distribu
tion o f aliens to the farms o f the State. An amendment o f the
Montana statute makes it the duty o f the common council o f cities"
o f the first and second classes to provide for free public employment
offices, and authorizes those o f other cities to maintain such offices
(ch. 15). The statutes o f Michigan (No. 191) and Missouri (p. 310)
relate simply to an increase in the number o f offices to be maintained,
the former law locating offices in the cities o f Flint and Traverse
City, while the latter directs the establishment o f offices in all cities
o f 75,000 population or over.
The regulation o f private agencies received attention from several
legislatures, that o f Hawaii enacting 2 laws designed to regulate the
activities o f emigrant agents; one o f these (No. 48) requires such
agents to procure a license from each county or city and county
where he operates, paying an annual license fee o f $500, and giving
bond in the amount o f $25,000. Every person procured by him as
an emigrant under contract is to be registered and a bond given him
in the amount o f $100 for the faithful performance o f the contract
or the promise o f the agent. I f the prospective emigrant is a minor
the written consent o f the parents must be secured, and no workman
under contract for a specified time may be induced from his employ
ment. The second act (No. 90) forbids the hire for deportation of
any emigrant until 30 days after his arrival in the Territory without
the consent and approval o f the Territorial board o f immigration*
The Indiana statute is amended (ch. 273) by exempting from the
provisions o f chapter 94, Acts o f 1909, agencies, bureaus, etc., organ
ized to secure educational or professional employment for their
members; exempted offices or agencies can charge no fees. The Leg
islature o f Kansas passed an act (ch. 187) regulating the amount of
the license fee for agencies, and requiring bonds and the keeping of a
register. I f the wages secured for an applicant are not over $3 per
day, no fee can be charged in excess o f $1; if the wages are above this
sum, no more than $2 may be charged. The full amount o f any fee
must be returned i f employment is not secured for an applicant
within 3 days. A similar law was enacted by the Legislature o f
Maine (ch. 87), allowing, however, six days for the securing o f a
place before the fee must be returned. Agents are forbidden to seek
to induce any employee to leave his employment to get a position
through their agency. The former law o f Minnesota on this subject
applied to employment offices for males only, while the new act (ch.
REVIEW O F LABOR LEGISLATION OF 1911.
915
274) relates to offices for both sexes or for the sexes separately, with
fees differing accordingly. Bona fide orders must be had by the
agent, these to be entered on the records and be open to the inspec
tion o f applicants. The Pennsylvania law is amended (p. 881) by
striking out the provision for forfeiture of the fee i f an applicant
fails to give notice in case he obtains employment through other
channels than the agency; also the provision allowing $2.50 to be
kept by the agency i f an honest but unsuccessful attempt was made to
secure help or employment in agencies for men only for executive,
civil engineering, clerical or sales positions, making the amount that
may now be retained but 50 cents, as in other classes o f agencies.
The law o f Oregon regulating shipping masters and the conduct of
sailors’ boarding houses is amended (ch. 36) as regards the regula
tions providing that badges must be worn by proprietors of such
institutions or their employees, and directing the revocation of license
and the assessment o f penalties for violations o f the law. In this
connection may be mentioned an enactment o f the New York Legis
lature (ch. 845) requiring immigrant lodging houses to be licensed,,
the proprietors to give bonds and to pay a license fee which is gradu
ated according to the size o f the establishment. The rates of charges
for lodging, etc., are to be posted in the English language and in the
language understood by the majority o f the patrons o f the place,
BUREAUS OF LABOR.
The Legislature o f Georgia enacted a law (p. 133) creating in
that State a department o f commerce and labor, at the head of
wffiich is a commissioner elected by the people for a term of two
years. The commissioner is authorized to appoint two assistants,
and is charged with the duty o f investigating labor conditions,
including the earnings, hours o f labor, and general welfare of work
men. The enforcement o f labor laws is committed to the depart
ment, especially laws relating to the employment o f women and
children. The mediation o f labor disputes is also one o f the duties
assigned. Annual reports are provided for. In Hawaii a depart
ment o f immigration, labor, and statistics was created (act No. 123)
consisting o f a board o f five members serving for five-year terms,
one member going off each year. These members are appointed by
the governor and receive no compensation, but are allowed their
actual expenses. The board may appoint a commissioner o f immi
gration, labor, and statistics, who is to receive a salary in an amount
fixed by the board. The department is charged with the investiga
tion o f the conditions, welfare, and industrial opportunities o f all
immigrants and settlers, is to place immigrants in employment,
encourage immigration, inspect labor camps, investigate complaints,
etc. It is directed to maintain a list o f all immigrant children and
916
BULLETIN OF THE BUREAU OF LABOR.
secure their attendance at school. Annual reports o f their work
and o f the results o f investigations are to be made. In Maine (ch.
65) and New Hampshire (ch. 198) legislation was enacted abolish
ing former bureaus or commissioners o f labor and providing new
offices charged with enlarged duties and functions. The title given
to this office in Maine is “ Department of labor and industry,” at the
head o f which is a commissioner o f labor and industry and State
factory inspector, appointed for a term o f three years. A deputy, a
female inspector, and other assistants are provided for. Biennial
reports are directed, information for which is to be obtained by the
use o f printed lists o f inquiries transmitted to the persons from
whom replies are desired. Officers o f the department may enter
factories to inspect or to collect data, and have authority to order
the installation o f safety appliances or such other changes as may
be deemed necessary. In New Hampshire the title o f the office is
“ Bureau o f labor,” at the head o f which bureau is a commissioner
appointed by the governor for a term o f three years. Clerks and
assistants are to be appointed by the commissioner, and the bureau
is charged with the usual duty as to inspection o f factories, etc.,
including mercantile establishments, for the purpose o f enforcing
laws regarding health and safety. The commissioner may mediate
any labor disputes affecting 10 or more persons on the application
o f either the employer or a majority of the employees, rendering a
written decision as to what, in his opinion, ought to be done. I f
mediation fails, it is the duty o f the commissioner to undertake to
secure arbitration by a local board; and if this fails, he shall seek
to obtain sworn statements o f the facts leading to the dispute and the
reasons for the refusal to arbitrate. In Utah, also (ch. 113), a
bureau o f immigration, labor, and statistics was created to succeed
the State bureau o f statistics formerly existing under the control
o f the State auditor. A commissioner is at the head of this bureau,
and among his duties are those o f compiling and reporting annually
data as to wages and hours of labor and the relations o f labor to
capital. It is his duty also to inspect factories, mines, etc., and to
enforce protective laws enacted for the benefit o f workmen and of
women and children. The bureau o f labor and industrial statistics
o f Wisconsin is abolished and an industrial commission created in
its stead (ch. 485). This commission supersedes the bureau and the
industrial accident board provided for by the compensation act o f
the State (ch. 50), taking charge o f the administration o f this act,
of the free public employment offices o f the State, and o f the work
o f factory inspection. It is its duty also to mediate in cases o f
disputes between employers and workmen. The law contains pro
visions directing employers to safeguard the workmen in their
employment, to furnish information to the commission, and to
REVIEW OF LABOR LEGISLATION OF 1911.
917
comply with orders, substantial compliance therewith being declared
sufficient. The board also has power to fix standards o f safety and
to classify persons, employments, and places o f employment for
the purposes o f the act. By an Oklahoma statute (ch. 128) the
commissioner o f labor has his department divided into four bureaus:
Statistics, arbitration and conciliation, free employment offices, and
factory inspection. The appointment o f an assistant who is to be
his deputy, o f a statistical clerk, a deputy factory inspector, and a
stenographer are authorized. Penalties are provided for interfering
with or obstructing by force or otherwise the commissioner o f labor
or his deputies or assistants in performing the work devolving upon
them by law.
Changes o f secondary importance were made in the laws o f a few
other States, an act o f the California Legislature (ch. 21) making
the term o f the commissioner o f labor to continue at the pleasure o f
the governor instead o f for 4 years, while another act (ch. 634)
directs the appointment o f 2 deputies instead o f 1; one to reside in
San Francisco County and one in the city o f Los Angeles. By an
act o f the Idaho Legislature (ch. 168) the commissioner o f immi
gration, labor, and statistics has his salary increased to $2,400 and is
authorized to expend in the prosecution o f the work o f his bureau
such amount as the legislature may grant, instead o f being limited
to an amount o f $600, as formerly. The law o f New York is amended
(ch. 729) by increasing the salary of the commissioner o f labor to
$5,500 and that of one o f the two deputies to $4,000; also by au
thorizing the maintenance of a suboffice in any city o f the State,
instead o f only in any city o f the first class, as formerly. The ap
pointment of 85 factory inspectors is authorized, not over 15 o f
whom shall be women. Five grades o f inspectors are arranged for,
with classified salaries and systems o f promotion. The State is
subdivided into districts, each o f which is to be in charge o f an
inspector o f the fourth grade. The commissioner o f labor o f this
State is directed (ch. 565) to prepare annually an industrial direc
tory setting forth the opportunities and advantages for manufac
turing in the different localities o f the State, a list o f the fac
tories existing, with the hours o f labor, wages, housing conditions,
and other facts o f interest to manufacturers and employees. An in
spector o f safety appliances is added to the bureau o f labor statistics
o f Texas (ch. 11), the act also doubling the incidental expense fund
o f the bureau, making the amount now available for this purpose
$3,000.
CONVICT LABOR.
Besides numerous minor changes in existing laws, more important
legislation was enacted by the Legislature o f Florida (house con
current resolution No. 30) forbidding the leasing o f convicts or the
25202°— Bull. 97— 12------1
918
B U LLETIN OF T H E BUREAU OE LABOR.
renewal o f any lease prior to July 1, 1913; and o f Texas (fourth
called session o f the thirty-first legislature o f 1910, ch. 10), pro
viding that all work o f convicts shall be done inside prison walls or
on prison farms, and that no labor o f convicts shall be sold to any
contractor or lessee. A prison commission is provided fo r to have
charge o f the penitentiary, the labor o f the convicts, etc. South
Carolina (act No. 110} enacted a law directing that all able-bodied
male convicts shall be sentenced to hard labor on the public works
o f the county in which convicted^ i f such county maintains a chain
gang, without regard to the length o f sentence, with an alternative
o f imprisonment in the county jail or the State penitentiary at hard
labor. The prison commissioners o f Massachusetts were directed
(Resolves, ch. 143) to report on a system o f employment o f convicts,
either by an extension o f the State-use system o r by other method,
so as to employ convicts in useful and diversified industries, the use
o f their products to be such as to occasion the least injury to free
labor. In Wyoming (ch. 61) a commission on prison labor is created
and placed in charge o f such labor, with directions that it shall be
employed for the State or for its use or the use o f any public insti
tution. The teaching o f trades to convicts is to be aimed at, and
they may be paid not exceeding 10 per cent o f their earnings.
IA W S OP VARIOUS STATES RELATING TO LABOR ENACTED SINCE
JANUARY 1 ,1911.
[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.
Enactments of the years 1908 and 1909 are reproduced in Bulletin No. 85, of 1910 in
Bulletin No. 91, and of 1911 in the present Bulletin, forming in effect supplements to
the Twenty-second Annual Report. (See the introduction to the Review of Labor Leg
islation, page 869 above.) Instead of reproducing the text of the law in full in cases
where slight changes have been made, 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 printed in the Bulletins indicated is to be found
on pages 1433 et seq. of this issue,]
ALABAMA,
ACTS OF 1911,
Contracts o f em p loym en t w ith in ten t to defraud.
(Page 93.)
S e c tio n 1. Any person who with intent to defraud his employer
Procuring adenters into a contract in writing for the performance of an act or TenCcontra^trit
service and with like intent obtains from such employer money
or other personal property shall be guilty of a misdemeanor and
on conviction must be punished by a fine of not more than three
hundred dollars, and any person who with intent to injure or de
fraud his landlord enters into any contract for the rent of land Renting land,
and with like intent thereby obtains from said landlord money or
other personal property shall be guilty of a misdemeanor, and on
conviction must be punished by a fine of not more than three hun
dred dollars,
Approved March 9, 1911.
E m p lo y m e n t o f children— Schools to be provided ,
(Page 247.)
S ection 1, It shall be the duty o f any county board of education
children emor the board o f education of any town or city in which there is ployed in manlocated one or more manufacturing plants employing fifty or m o rep j^ts t u v i n g
children within the school age, who. are required by the child v
labor law to attend school for any* certain length of time during
the year, to locate, or cause to be located, a public school for the Location of
accommodation of. the children within the school age employed by schools.
such manufacturing plant, or plants, and to apportion to the said
schools so located such proportion o f the school, funds of said dis
trict as may be necessary to run the school or schools as nearly
as practicable the same length of time as the other school -or
schools of the district are run: P ro vid ed fu r th e r , In incorporated
cities or towns in which two or more schools are maintained that
one or more of said schools may be designated by the proper
school authorities as the school for the accommodation of the
children within school age employed in such plant or plants.
Approved April 6,1911.
919
920
BULLETIN OF TH E BUREAU OF LABOR.
A rb itra tion o f labor dispu tes— S ta te board .
(Page 320.)
Appointment of board.
S ec tio n 1. Within thirty days after this act takes effect the
governor shall appoint three persons constituting what shall be
known as the State board of mediation and arbitration; the
terms of office of each member of said board shall be two years
from the time of appointment, or until their successors are ap
pointed, but the governor at any time may remove any member
thereof from said office and appoint a successor thereto, should
such member become in any manner incompetent to perform the
duties of said office. One member of said board shall be known as
chairman thereof and shall be so designated by the governor in
making said appointment.
S ec . 2. The duty of said State board of mediation and arbitra
D u t ie s of
board.
tion shall be as follow s: Whenever a strike or lockout occurs in
the State of Alabama, or when such strike or lockout is seriously
threatened, and the governor deem it advisable, he shall notify the
chairman of said board and one of the members thereof shall pro
ceed promptly to the locality of such strike or lockout and en
Mediation.
deavor by mediation to effect an amicable adjustment of the con
troversy. I f the governor deem it advisable he shall cause the
chairman of said board to call all the members thereof to the lo
I n v e s t i ga- cality of such strike or lockout to inquire into the cause thereof
tion.
and for that purpose said board shall have all the powers con
ferred upon it in the case of a controversy submitted to it for
arbitration. Two members of such board shall constitute a quo
rum for the transaction of business and may hold meetings at any
time or place within the State when for any purpose, pertaining
to the duties of said board, the governor deem it advisable. Ex
aminations or investigations may be held and taken by and before
any of their number, but a decision rendered in such a case shall
not be deemed conclusive until approved by the board.
S ec . 3. A grievance or dispute between an employer and his em
Submission of
grievances.
ployees may be submitted to said State board of mediation and
arbitration for their determination and settlement. Such sub
mission shall be in writing and contain a statement in detail of v
the grievance or dispute, and the cause thereof, and also an agree
ment to abide the determination of the board, and, during the in
vestigation, to continue in business or at work without a lockout
or strike. Upon such submission, the board shall examine the
matter in controversy. For the purpose of such inquiry they may
Witnesses.
subpoena witnesses, compel their attendance, take and hear testi
mony and call for and examine books, papers and documents of
any parties to the controversy. Subpoenas shall be issued by any
member of the board and served by any person appointed for that
purpose by the member issuing same, and who shall receive the
same fees for his services as witnesses. Witnesses shall be al
lowed the same fee as in the circuit courts of the State. The de
cisions of the board must be rendered within ten days after the
completion of the investigation.
Decision.
S ec . 4. W ithin ten days after the completion of every arbitra
tion the board or a majority thereof shall render a decision,
stating such details as will clearly show the nature of the con
troversy and the points disposed of by them, and make a written
report of their findings of fact and of their recommendations to
each party to the controversy. Every decision and report shall
be filed in the office of the governor, and a copy thereof served
upon each party to the controversy.
S ec . 5. The chairman of said State board shall make a report
Reports.
in writing of each and every arbitration had by them, or investi
gation made by them, and the results and effects thereof, to the
legislature.
S ec . 6. A grievance or dispute between an employer and his
Local boards.
employees may be submitted to a local board of arbitrators con
sisting of three persons for hearing and settlement. When the
921
LABOR LAW S— ALABAMA— ACTS OF 1911.
employees concerned are members in good standing of a labor
organization, one arbitrator may be appointed by such organiza
tion and one by the employer. The two so designated shall ap
point a third who shall be chairman of the board. I f such
employees are not members of a labor organization, a majority
thereof at a meeting duly called for that purpose may designate
one arbitrator for such board.
Sec. 7. Before entering upon his duties each arbitrator so se- Consent of
lected shall sign a consent to act and take and subscribe an oath armtrators*
to faithfully and impartially discharge his duties as such arbitra
tor, which consent and oath shall be filed in the clerk’s office of
the county or counties where the controversy arose. When such
board is ready for the transaction of business it shall select one
of its members to act as secretary and notice of the time, of
place and hearing shall be given to the parties to the controversy.
The local board may, through its chairman, subpoena witnesses, Powers,
compel their attendance, and take and hear testimony as is pro
vided herein for the State board of mediation and arbitration.
Each member o f such local board shall receive as compensation Compensafor his services four dollars ($4.00) for each day actually en -tlon*
gaged in such hearing.
S ec . 8. The local board shall within ten days after the close of Decision,
the hearing render a written decision signed by them giving such
details as clearly show the nature of the controversy and the
questions decided by them. One copy of the decision shall be filed
in the office of the clerk of the county, or counties, where the con
troversy arose, one copy forwarded to the chairman o f the State
board of mediation and arbitration, one copy to the governor, and
one copy each to the parties of the controversy.
Sec. 9. The members of the State board shall receive as com- Compensapensation for their services six dollars ($ 6 .0 0 ) each per day pe>
nSesand ex'
while engaged in the duties of the office as herein defined and rail- y
way fare expended in the performance of such duties, said compen
sation to be paid out of the State treasury; all cost of witnesses
as herein provided shall be taxed, in cases o f arbitration of mat
ters voluntarily submitted to said State board, and the cost of
local arbitration, including witnesses fees and fees of local arbi
trators as herein provided, against the parties to said arbitrations,
equally. A ll witness costs in making investigations by the State
board in controversies not voluntarily submitted shall be paid out
of the State treasury.
Approved April 7, 1911.
A ssign m en t o f w a g es .
(Page 370.)
Section 1. A ll assignments hereafter made by any person of Assignments
salaries or wages, to be earned in the future, shall be absolutely P* *uture earn'
void. The provisions of this act shall also apply to orders givening *
by employees covering the whole or part of future wages.
Sec. 2. Nothing in this act shall effect [affect] the validity of Exemptions,
assignments of wages to be earned within thirty days from the
date of such assignment when given to secure payment for gro
ceries, clothing, medicine, insurance, medical attendance, or house
rent.
Sec. 3. Nothing in this act shall be construed to effect [affect] Crops,
the right of the laborer under section 4743 of the Code of Alabama
of 1907 to assign his interest in the crop to be raised during the
year such an assignment is made.
Approved April 11, 1911.
T im e to v o te to be allow ed em p lo y e es .
(Page 421.)
Section 54. *
* * Every person, firm or corporation employing labor shall on the day of any primary election permit any
Ti me
al-
wages.
922
BU LLETIN OP TH E BUREAU OP LABOR.
qualified elector in their employment to leave his labor or service
for a reasonable time to attend the polls and cast his ballot at
such primary election without imposing any forfeiture o f any part
of his wages or salary for the time so lost in attending the polls.
Approved April 14, 1911.
L ia b ility o f em p loyers fo r in ju ries to em ployees*
(Page 483.)
Suits to be
S ec tio n 1. Section 3912 of the Code is hereby amended so as to
brought within read as follow s: I f such injury results in the death of the servant
State.
Distribution. or employee, his personal representative is entitled to maintain
an action therefor, in a court of competent jurisdiction within the
State of Alabama and not elsewhere, and the damages recovered
are not subject to the payment of debts or liabilities, but shall be
distributed according to the statute of distributions.
Approved April 18, 1911.
L ia b ility o f em p loyers f o r in ju ries to em p loyees.
(Page 485.)
[This act amends section 3910 of the Code by providing that the
liability created thereby shall be enforced in a court of competent
jurisdiction in the State of Alabama, and not elsewhere.]
Approved April 18, 1911.
M in e regulations — In sp ection .
(Page 500.)
Inspectors to
S ectio n 1. There shall be appointed by the governor of Ala
be appointed. bama an inspector of coal mines for each two and a half million
Salary.
Bond.
Report.
tons of coal mined in the State, or majority fraction thereof,
based on the report of the tonnage mined for the previous years,
compiled by the chief mine inspector, one of whom shall be
designated as chief mine inspector and the others shall be
designated as associate mine inspectors, and one of them shall
be a mining engineer. Immediately upon the passage of this
act, the chief mine inspector and one associate mine inspector
shall be appointed and shall hold office for three years, and as
soon as possible four associate mine inspectors shall be appointed,
two of whom shall hold office for two years and two of whom
shall hold office for one year, and upon the expiration of their
respective terms of office, new appointments may be made for
terms of three years from the date of each appointment and until
his respective successor is appointed and qualified. The object
being, hereafter to appoint as near as practicable one-third of the
inspectors each year.
S ec . 2. The salary of the chief mine inspector shall be three
thousand ($3,000) dollars per annum, and the salary of each of
the associate mine inspectors shall be two thousand ($ 2 ,0 0 0 )
dollars per annum.
S ec . 2}. The governor of this State may require the chief
mine inspector to execute bond payable to the State of Alabama in
such sum as the governor may determine with condition that he
will faithfully discharge the duties of his office and will account
for, properly distribute and pay over all funds coming into his
hands as license fees collected from applicants for certificates
from the board of examiners or otherwise. It shall be the duty
of said chief mine inspector to report annually to the governor
the amount of money received by him from such applicants or
otherwise and show the disbursement thereof, and at the expira
tion of his term of office, pay over any moneys in his hands as
such to his successor in office.
LABOR LAW S— ALABAMA— ACTS OF 1911.
923
S e c . 3. The chief mine inspector shall be a qualified elector and Q u a lifica tio n s
shall be a competent person, having had at least eight years ex- Sector;
in'
perience in the working, ventilating and drainage of coal mines
in the State, and having a practical and scientific knowledge of
all noxious and dangerous gases found in such mines; he must
have a first class mine foreman certificate and must be not less
than thirty years of age. The associate mine inspectors shall be F o r a sso ciqualified electors and each shall possess a first-class Alabam aatesmine foreman certificate and shall have had at least five years
practical experience in coal mining and shall be not less than
twenty-five years of age. The associate mine inspectors shall re
side at such points convenient to their respective districts as the
chief mine inspector may designate, and the chief mine inspector
shall designate the districts. No one shall be appointed mine in
spector who, or the wife of whom, owns and operates in whole or
in part, mining property.
S e c . 4. It shall be unlawful for the chief mine inspector or any
O t h e r emassociate mine inspector to be otherwise employed by the State P a y m e n t ,
of Alabama.
S e c . 5. The mine inspectors shall give their whole time and atD u ties,
tention to the duties of their offices. It shall be the duty of the
mine inspectors to examine all the coal mines and all the working
places therein as far as possible, in this State, at least every three
months to see that all the requirements of this act are strictly
observed and carried out; inspectors shall particularly examine
the works and machinery belonging to any coal mine, examine
into the state of the coal mines as to ventilation, circulation, and
condition of air, drainage and general security; they shall make R e co rd o f exa record of all examinations of coal mines, showing the date when a m in a tio n s.
made, the condition in which the coal mines are found, the extent
to which the laws relating to coal mines and mining are observed
or violated, the progress made in the improvements and security
of life and health sought to be secured by the provisions of this
act, number of accidents, injuries received, or deaths in or about A ccid e n ts,
the coal mines, the number of persons employed in or by each
coal mine, together with all such other facts and information of
public interest concerning the condition of coal mines, develop
ment and progress of coal mining in this State, as they may think
useful and proper, and so much thereof as may be of public in
terest to be included in their reports. A comprehensive report of R ep ort,
each inspection of each coal mine shall be promptly made to the
superintendent or operator. This report shall be on a form pro
vided for that purpose and compiled by the chief mine inspector,
and the board of examiners. This report form may be changed
by the chief mine inspector and board of examiners from time to
time, as may seem desirable to them.
S e c . 5 £ . It shall be the duty of said board to have one of its
in v e s t ig a tio n
members to promptly investigate all accidents in coal mines r e -of accidentssuiting in serious injury or death of any person employed or
working in or about the same.
S e c . 6 Each member of said board is hereby authorized and
Procuring
empowered to issue subpoenas requiring the attendance of w it-witnessesnesses before said board or before such member thereof, to testify
under oath in any proceeding before such board or such member,
and require witnesses to answer all proper questions propounded
to them by said board or such member. That it is hereby made
the duty of the sheriff or constable in the county in which such
witness may reside or be found, to execute subpoenas issued as
above provided, and that they shall each receive for their services
in executing such subpoenas the same fees as are allowed them
respectively for executing subpoenas in other cases. Any wit
nesses summoned as above mentioned shall be entitled to the
same mileage and per diem as is now allowed by law to such
witnesses attending trials in the circuit courts. I f any witness F a ilu re
of
subpoenaed as above mentioned shall fail to attend without good t e n d e r t e s tify !
excuse, in accordance with the subpoena served on him, or shall
.
924
BU LLETIN OF TH E BUREAU OF LABOR.
fail to attend without good excuse, in accordance with the sub
poena served on him, or shall fail to testify when attending, it
is hereby made the duty of said board or the member before
whom said proceedings is being had, to certify to the failure of
any witness to attend and testify, to a judge of any court of
record in the county where such proceeding is being held. I t is
hereby made the duty of the judge to whom such certificate is
made to cause such witness to appear before him at a time fixed
by said judge, to show cause why he should not be punished for
contempt, and to fine or imprison such witness as such judge
may deem proper in case he is found guilty of contempt in the
Expenses.
premises. That the expense of executing subpoenas and the at
tendance of witnesses, as well as said contempt proceedings,
shall be paid out of any funds in the treasury of the State on
certificate of the chief mine inspector, approved by the governor
of the State.
R e p o r t °f
gEC. 7 . The chief mine inspector, shall, prior to the assembling
chief inspector.
legislature, make a written report to the governor stating
the condition of the coal mining interests in this State with such
suggestions, statistics, and information as may be of interest to
the coal mining industry, and the report shall be printed on the
order of the governor and paid for out of the funds of the treas
ury not otherwise appropriated.
. h ^ n s t r Ur
S ec.
The
mine inspector shall be furnished by the
m en ts;
u ’ State all necessary instruments for measurement of air in coal
mines, and whatever apparatus the said inspector may recommend.
And
sta n d S ec . 9. The chief mine inspector shall procure for the State
ardsat the State’s expense a full and complete set of standards and
other equipment, such as, in his opinion, are necessary in the
testing of scales, beams, and other necessary apparatus to be
used for a just weighing of coal and other material at the coal
mines according to the State standard of weights; and it shall be
the duty of said inspector to examine, test and cause to be ad
justed as often as occasion demands, all scales and other appa
ratus used in weighing coal at coal mines.
Stopping ops Ec. 1 0 . The chief mine inspector, with the concurrence of two
mine. ° n 01 ° f the associate mine inspectors, shall have power and authority
to immediately stop the operation of any coal mine or any part
thereof in which there is sufficient gas or dust, In the opinion of
the said chief mine inspector and said associate inspector, to cause
an explosion and endanger the lives of the persons working
therein, but work shall not be stopped in any mine except where
there is immediate danger of an explosion until the operator or
person in charge of said mine shall have had reasonable time
Appeal.
in which to remove the danger of such explosion. Any operator,
whose mine or any part thereof, has been stopped under this sec
tion, may apply to the chancery court of the county, where the
mine is located for an injunction, and upon ten days notice
served on the chief mine inspector, said application for injunc
tion shall be heard by the said chancery court, if in session, or by
the chancellor thereof, if the court be in vacation, upon testimony
received in such manner as the chancellor may direct: P ro vid ed ,
That each party shall be entitled to have all witnesses produced
by him at the hearing examined orally before the chancellor, and
the testimony of each witness so examined shall be reduced to
writing and signed by the witness and shall become a part of the
record of the cause. If, upon such hearing, the proof shows that
such mine or part thereof was or is wrongfully closed, then the
chancellor, or chancery court trying the same, shall award a writ
of injunction in favor of said operator, restraining said chief
mine inspector and associates from stopping the operation of
said mine or part thereof, and revoking the order of said chief
mine inspector and associates. The chief mine inspector, or other
representative of the State, with the consent of the governor
may employ such experts as he deems necessary to examine the
mine in question and the compensation of such experts shall be
fixed by the governor and be paid out of the State treasury upon
LABOR LAW S---- ALABAMA— ACTS OF 1911.
925
the order of the governor. An appeal by the unsuccessful party
shall lie to the supreme court of the State from any decree of the
chancellor or chancery court trying the cause. In all such causes
the chief mine inspector and associates shall be entitled to the
services of the solicitor prosecuting for the State in the county
where the cause is triable, and the governor may provide special
counsel of his selection to represent the chief mine inspector and
associates and fix the compensation of such counsel, which shall
upon the written direction of the governor be paid out of the
moneys appropriated by section fifteen of this act in the manner
therein provided.
Sec. 11. Immediate notice must be conveyed to the chief mine Notice to be
inspector and the inspector of the proper district by the operator
eb“ operainterested. First, whenever an accident occurs whereby any per- tors. 9 y
son receives serious or fatal injury. Second, Whenever it is in
tended to abandon any coal mine or reopen any abandoned coal
mines. Third. Upon the appearance of any dangerous accumula
tion of fire damp in any coal mine, whether accompanied by ex
plosion or not, and upon the occurrence of any fire within the coal
mine or on the surface. Fourth. When the workings of any coal
mine are approaching dangerously near any abandoned coal mine,
containing accumulations of water or of gas. Fifth. Upon the
accidental closing or intended abandonment of any passageway
to an escapement outlet. But none of the information contained
in any report of accident shall be divulged by any one of the in
spectors, or their employees, to any person except in a legal pro
ceeding or except it be to a member of the family of the party
injured or killed, or to a legal representative of said party or
family, and the chief mine inspector shall require such legal
representative to file his authority therefor.
Sec. H i. It shall be the duty of said board, whenever notified Investigation
of any fatal accident or accident causing serious personal injury, 0 accwents*
to any person employed in any coal mine in this State or any gas
or dust explosions therein, to require a member of said board to
immediately repair to the scene of the accident or explosion and
investigate the cause of such accident or explosion and make
such orders as are necessary or proper to secure the safety of the
persons working therein. Said board shall keep on file at its
office a list of all accidents resulting in death or serious bodily
injury to any person working in or about such mines. Such list
subject to examination as provided in section 1 1 .
Sec. 12. Whenever the chief mine inspector shall require it, Rt1P°i*its as t0
the owner, operator, or lessee o f a n y' coal mine shall send to the vent at on*
chief mine inspector on blanks furnished by him for that pur
pose, a report showing the amount o f ventilation at the inlet and
outlet; the amount o f ventilation at or near the last cross cut in
each split, the number o f splits and the number o f men and ani
mals on each split. The report shall also include a record o f the
pressure gauge readings.
Sec. 13. On or before the twenty-fifth day of January in each Annual reyear, the operator or superintendent of every coal mine shall send P°rts of °Pera_
to the chief mine inspector a correct report, specifying w ithtors*
respect to the year ending with the thirty-first of December pre
ceding the name of the operator and location of offices of coal
Smines, and the quantity of coal and kind of coal mined. The
report shall be in such form and give such information regarding
such mine as may be from time to time required, and prescribed
by the chief mine inspector. Blank forms for such report shall
be furnished by the chief mine inspector.
Sec. 14. The governor may remove any chief mine inspector o r . Removal of
associate inspector at any time with or without cause, the gover- insPectors.
nor shall also have the power to fill vacancies occasioned from
any cause.
Sec. 17. When any agent or operator of any mine shall refuse F a i l u r e to
or fail to comply with any order or direction of the chief mine o?der of * Inin spector after the expiration of a reasonable time the chief spector.
mine inspector may, if he deem it advisable, refer the matter to
926
BU LLETIN OF TH E BUREAU OF LABOR.
the judge of probate in the county in which the mine is located.
Upon such reference the judge of probate shall set a day for the
hearing of the same and issue citation to the owner or operator
o f the mine to appear and contest the same if he sees proper;
said citation to be served by the sheriff of the county at least ten
days before the day of trial. Upon the application of either
party, the judge of probate must issue subpoena for witnesses,
to be served by the sheriff as in other cases. After hearing the
case the probate judge must render such decision as he may
deem just and equitabie, from which decision either party may
appeal to the circuit court within sixty days, when it shall be
tried de novo. From the decision of the circuit court either party
may appeal to the supreme court of Alabama. I f no appeal is
taken, the decision shall be final and binding on said operator
or mine owner, and any mine owner or operator who refuses to
carry out the final order or determination of the case, after a
reasonable time, shall be guilty of a misdemeanor, and must, on
conviction be fined not more than one thousand dollars.
Board of exS jec. 18. The chief mine inspector, who shall be ex officio chairaminers.
man 0f the board, with a vote only in case of a tie vote, or in case
of the absence of one member of the board, together with two prac
tical miners and two operators of coal mines, and one mining
engineer (a. majority of whom shall act) and all members of
which board shall hold first-class certificates, shall constitute a
board of examiners to examine and give certificates of fitness to
persons to act as mine foremen, or fire bosses, in any coal mine
in this State; a fee of five dollars shall be paid to the chief
Fees.
mine inspector by each person examined for mine foreman cer
tificate and three dollars for fire boss certificate, to be used as an
examiners fund, before examination is begun. Out of the exam
iners fund there shall be paid to each member of the board, except
the chief mine inspector, who shall serve without extra pay, four
Meetings.
dollars per day. Said board shall meet every six months at the
office of the chief mine inspector, and remain in session not
longer than six days and special meetings may be called by the
chief mine inspector and must be called at the request of three
Appointment, members of the board. The members of this board shall be ap
pointed by the governor and shall hold office for three years and
until their successors are appointed and qualified and as near
as possible two members shall be appointed one year and three
the succeeding year. The present board shall remain in office
until their terms expire and the governor shall appoint the addi
tional members upon the passage of this act, and other members
in accordance with this section as the terms of office of the pres
Record.
ent board respectively expire. The chief mine inspector shall
preserve in his office a record of the meetings and transactions
of the board and of all certificates issued.
Rules for ex . S ec . 19. The examinations herein provided for shall be con
aminations.
ducted under such rules, conditions, and regulations as the
members of the board shall deem most efficient for carrying into
effect the spirit and intent of this act. Such rules, when formu
lated, shall be made a part of the permanent record o f the board,
and such of them as relate to candidates shall be published for
their information and governance prior to each examination;
they shall also be of uniform application to all candidates.
Duplicate cerS ec. 20. In case of the loss or destruction of a certificate the
tificates.
chief mine inspector may supply a copy thereof to the person
losing same upon the payment of $1.00: Provided?, It shall be
shown to the satisfaction of the chief mine inspector that the
loss has actually occurred, and the loser was the holder of such
certificate.
False stateS ec . 21. I f any person, or persons shall forge or counterfeit
meats, etc.
a certificate or knowingly make or cause to be made any false
statement in any certificate under this act or in any official copy
of the same, or shall urge or influence others to do so, or shall
utter or use any such false certificate or unofficial copy thereof,
or shall make, give, utter, produce, or make use of any false
LABOR LAW S— ALABAMA— ACTS OF 1911.
927
declaration, representation or statement in any such certificate
or copy thereof, or any document containing same, or make any
false statement or misrepresentation in application before exam
ining board for any certificate he or they, shall be guilty of a
misdemeanor and his certificate cancelled or annulled by the
examining board.'
S ec . 22. Applicants for first and second class mine foreman’s Qualifications
certificates shall be at least twenty-three years of age, and shall f l Y foreman’s
have at least five years practical experience, three years of which certificates,
shall have been spent within coal mines after having attained
the age of fifteen years as mine worker, superintendent, at or
inside of any coal mine, and shall be citizens of the United
States, and shall present an affidavit as to the above and a cer
tificate of good moral character and of known temperate habits,
signed by ten reputable citizens where he resides. The said board
shall be entitled to grant certificates of competency of two grades,
namely, certificate of the first class to persons who have had ..^ ratdesof ccr*
experience in coal mines generating gases or accumulating dust, 11 cates*
one or both, and who shall have the necessary qualifications to
fulfill the duties of mine foreman in such mines; and certificates
of second class to persons who give satisfactory evidence of their
ability to act as mine foreman in coal mines not generating ex
plosive gases. Any person holding a first-class certificate of any
other State may act as mine foreman in this State until the first
meeting of the examining board.
S ec . 23. Applicants for fire boss certificates shall be at least Qualifications
twenty-one ( 2 1 ) years of age, and shall have had at least three ^
aPp^ cants
years practical experience within coal mines after having attained 1
the age of fifteen years and shall be a citizen of the United States
and shall present an affidavit as to the above and a certificate
o f good moral character and of known temperate habits signed by
ten reputable citizens where he resides, Said board shall be
entitled to grant certificates of competency to persons who have Certificates,
had experience in coal mines generating gases and who shall have
the necessary qualifications to fulfill the duties of fire boss in
such mines.
S ec . 24. Any one holding a first-class mine foreman’s certificate Foreman may
may serve as fire boss. Whenever any exigency arises by which serve as fire
it is impossible for any operator, owner or lessee to secure the Temporary
immediate service of a certified mine foreman or fire boss he mine foreman,
may employ any trustworthy and experienced man, subject to the
approval of the State inspector of the district, to act as tempo
rary mine foreman or fire boss for a period of not to exceed sixty
days.
S ec . 25. Certificates of service may be issued by the examining Certificates of
board to persons acting as fire bosses at the time of the passage service,
of th is a ct and such certificates shall entitle them to act, until
the next examination for fire bosses.
S ec . 26. The certificate of any mine foreman or fire boss may be Revocation or
cancelled and revoked by the board of examiners, whenever it cancellation ofshall be established to the satisfaction of said board that th ecertltlcateholder thereof has become unworthy of official endorsement by
reason o f violation o f the law, intemperate habits, manifest in
capacity, abuse of authority, or for other causes satisfactory to
said board; P ro vid ed , That any person against whom charges or
complaints are made shall have an opportunity to be heard in his
own behalf. And he shall have at least thirty days notice in
writing of such charges, by the chief mine inspector, and if the
holder of a certificate is convicted on the hearing of such charge
or complaint, of violating any part o f this law his certificate
shall be revoked by the board: P ro vid ed , That the chief mine in
spector after a thorough investigation, may suspend such holder
pending a meeting of the board of examiners and its final action.
S ec . 27. No person shall act as foreman in any coal mine in
Foremen in
this State generating explosive gases or dust in quantities suffi- gaseous mines ;
cient to explode or extend an explosion unless he is in possession
of a first-class certificate of competency, and no person shall act i n o t h e r
as foreman in any coal mine in this State which is nongaseous mines.
928
BULLETIN OF TH E BUREAU OF LABOR.
unless lie is in possession of a first-class or second-class certificate
of competency.
Temporary
S ec ..28. The duties of the mine foreman may be peformed by
absences.
the assistant mine foreman during the temporary absence of the
mine foreman for a period not exceeding one week.
Duties.
S ec . 29. The mine foreman shall have charge of carrying out
or directing the carrying out of his duties as prescribed in this
a ct; and any person who shall direct or cause a mine foreman to
disregard the provisions of this act, shall be amenable in the same
manner as the mine foreman.
Sprinkling S ec. 30. Whenever any entry, slope or heading or other working
' entries.
places in any coal mine contains dust which will ignite, explode or
extend an explosion, it shall be the duty of the person or cor
poration operating said mine to have it sprayed or sprinkled.
Fire boss.
S ec . 31. Except as otherwise provided in this act no person shall
act as fire boss in any coal mine in this State generating explosive
gases unless he is in possession of a certificate of competency.
Gaseous
S ec . 32. When gas exists in any coal mine in quantities sufficient
mines.
to ignite or explode the owner, operator, lessee or agent of such
mine shall employ a competent fire boss whose duties shall be to
examine every working place in the mine before the men are per
mitted to enter for work. Said fire boss shall be at some con
venient place for at least an hour each morning to inform every
man as to the state and condition of his working place so far as
gas in dangerous quantities is concerned before entering.. Said
Daily exami- work shall be carefully examined every morning with a safety
nation.
lamp by the fire boss before the workmen are allowed to enter
therein. It shall also be the duty o f the fire boss after each
examination to leave at a point at least twenty-five (25) feet
distant from the face of every slope, drift, entry, or air course
and at the neck of every room examined by him a conspicuous
sign or mark indicating the presence of gas in dangerous quanti
ties discovered by him, together with a memorandum of the date
of his examination. It shall be a misdemeanor on the part of any
fire boss to fail to perform any duty imposed on him by the pro
visions of this section, and it shall be a misdemeanor for any
person to enter in or dangerously near to any place in the mine in
which he has been notified in person that gas exists in dangerous
quantities or dangerously near to any place where any such sign
or mark has been placed.
Machines.
S ec . 3 4 . Machine runners and helpers shall use care while oper
ating machines they shall not operate a machine unless the shields
are in place, and no persons not engaged in the operating of a
machine shall go near the machine while it is in operation. They
shall not move the machine except while cutting, while the cutting
chain is in motion. I f they remove props which have been placed
by the miner or loader for the security of the roof, they shall reset
such props.
Employees to
S ec . 35. A ll employees shall promptly inform the mine foreman
conditionsnSafe or bis assistant of the unsafe condition of any working place,
hauling roads or traveling ways, or of damage to doors, brattices,
or stoppings, or of obstructions in the air passages when known
to them. Every workman employed in coal mines shall examine
his working place before commencing work, and after any stop
page of work during the shift, he shall repeat the examination.
injuring
S ec . 36. It shall be unlawful for any miner, workman, or
shafts, etc.
other person knowingly to injure any shaft, safety lamp, appli
ances, air course or brattices or to obstruct or throw open any
air way or carry any open lamp or lighted pipe or fire in any
form into any place worked by the light of safety lamps, or
within five feet of any open powder, or to handle or disturb any
part of the hoisting machinery, or open door regulating an air
current and not close the same, or to enter any part of a coal
mine against caution, or to do any willful act whereby the lives
or health of persons working in coal mines or the security of the
mine or the machinery thereof is endangered.
R u les to be
S ec . 37. There shall be adopted by the operator of every mine
a d o p ted .
in tllis State special rules for the government and operation
LABOR LAW S— ALABAMA— ACTS OF 1911,
929
of his mine or mines, covering all the work pertaining thereto
in and outside of the same, which however, shall not be in con
flict with the provisions of the mining laws of this State; such
rules when established shall be printed on card board in the
English language, and shall be posted up in the drum house,
tipple or some other conspicuous place about the mines where
the same may be seen and observed by all the employees at such
mines, and when a copy has been given an employee it shall
operate as a notice to him and shall be conclusive of his accept
ance of the contents thereof; and it shall be the duty of each
mine operator to furnish a printed copy of said rules to each of
his employees.
Sec. 88. It shall be the duty of persons operating coal mines in Timbers,
this State to keep at a convenient place at or near the main en
trance of the mine, or in the mines, a sufficient supply of props
and other timbers useful for propping therein, of suitable lengths
and sizes, for those working in such mines. It shall be the duty
of those working in said mines who heed props or other timbers
to select and mark the same when needed for propping by them,
designating on such props or timbers the place at which the
same are to be delivered or give notice to the person whose duty
it is to deliver or have the same delivered, of the number and
kind of props or other timbers needed and of the place at which
they are to be delivered. It shall then be the duty of the operator
to promptly deliver or cause to be delivered such props or other
timbers at the place designated.
S ec . 39. In all coal mines employing twenty or more men inside Openings to
at any one time it shall be the duty of the owner, operator, o r surface*
lessee to have and maintain at least two available openings to
the surface for each seam, or stratem [stratum] of the coal worked
in such mines, said openings which in case of slope mines, shall be
separated by natural strata of not less than twenty-five feet, and
in all mines with two hundred tons or over daily capacity all
stoppings between slopes and manway shall be made of fireproof
material. The said openings in case of shaft mines shall be sep
arated by not less than one hundred feet of natural strata. Both
of these openings, in all cases, shall be kept in good condition
and shall be at all times reasonably safe and convenient for en
tering and leaving the mines; reasonable time however, shall be
given to said owner, operator or lessee to prepare the second
opening, in no case exceeding six months from the passage of
this act, unless in the opinion of the chief mine inspector, a longer
time is required, in which case he shall allow the additional time
necessary. The said second opening1may be made through an
other adjoining mine. A t all points where the passage way to the
escapement shaft, or other place of exit, is intercepted by other
road ways or entries, conspicuous signboards shall be placed indi
cating the direction it is necessary to take in order to reach
such place of exit.
S ec . 40. The operator or superintendent of every coal mine,
Ventilation,
whether a shaft, slope or drift, shall provide and hereafter main
tain ample means of ventilation for the circulation of air through
the main entries and all other working places to an extent that
will dilute, carry off and render harmless the noxious and explo
sive gases generated in the mine, the same to be not less than one
hundred cubic feet per minute per man, and five hundred cubic
feet per mule or horse, and shall be properly conducted to all
working places.
Sec. 41. No accumulation of explosive gas shall be allowed to A c c u m u l a exist in the worked out or abandoned parts of any coal mine in tjons of explooperation, and the entrance or entrances to said worked out and** Fencing,
abandoned places shall be properly fenced off, and cautionary
notices shall be posted upon said fencing to warn persons of
danger.
S ec . 42. It shall be the duty of the chief mine inspector to reBreaks
quire that proper breaks through be made in all room pillars at through,
such distance apart as, in the judgment of the mine inspector,
930
BULLETIN OE T H E BUREAU OE LABOR.
may be deemed requisite, but said breaks through shall not be
more than seventy feet apart.
A tte n d a n ts at
S ec . 43. A t all principal doorways through which cars are
d oorw ays.
hauled, an attendant shall be employed for the purpose of opening
and closing said doors when trips or cars are passing to and from
the workings. Sufficient space shall be provided at such doorways
to protect the attendants from being injured by the cars while at
tending to their duties: P ro vid ed , That in any or all coal mines,
where doors are constructed in such a manner as to open and
close automatically attendants and places for shelter shall not be
required.
Doors.
S e c . 44. The doors used in a system for ventilating or regulat
ing the ventilation of coal mines shall be so hung and adjusted
that they will close themselves, or by supplying them with
springs or pulleys so that they can not be left standing open.
When ordered by the chief mine inspector a second or emer
gency door shall be provided at all points where doors are used,
said doors to be used in case of damage to the other door.
After the passage of this act no ventilating fan shall be placed
nearer than thirty feet to an air shaft, or air course and shall be
placed to one side of the line of such opening so as to remove the
fan from the blast of an explosion, and the air duct connecting
the fan with such opening, shall be provided with self-closing
explosion doors.
F u rn a ce
in
S e c . 45. It shall be unlawful to use a furnace for ventilating
ga se o u s m in es any Coal mine where explosive gas is generated in quantities eonproniD itea.
sidered dangerous by the chief mine inspector and associate mine
inspector of the district in which such mine is located or where
there is a known probability of cutting into explosive gas produc
ing territory. This section does not apply to boiler plants in
mines installed prior to the passage of this act, unless considered
dangerous by the chief mine inspector and associate mine inspec
tor o f the district in which such mine is located.
S tea m pipes.
S e c . 46. No steam pipes through which high pressure steam is
conveyed, for the purpose of driving pumps or other machinery,
shall be permitted on traveling or haulage ways, unless they are
encased in asbestos, or some other suitable nonconducting ma
terial, or are so placed that the radiation, of heat into the atmos
phere of the coal mine will be prevented as far as practicable:
P ro vid ed , That after the passage of this act that steam pipes
shall be placed in the return air way and may be without casing.
in su fficie n t
S ec . 47. I f at any time the chief mine inspector or his assoventiiation.
ciates are notified or discovered [discover] that the ventilation in
any coal mine within the State is insufficient, the said chief mine
inspector or one of his associates, shall proceed within five days to
investigate said complaint or complaints by personal inspection of
any mine or mines in which the quality or quantity of air is com
plained of, and if on investigation he finds that the air in any
mine is insufficient, he shall direct the operator or operators o f
said mines to adopt such measures for the proper ventilation of
said mine as he deems necessary.
O b s tr u c tin g
S e c . 4S. N o person shall place refuse in or obstruct any airway
a irw a y s .
or break through used as an airway.
B u ild in g fires
S e c . 49. It shall be unlawful for any miner or other person to
in m in es.
make or build any fire in any coal mine without the written per
mission of the superintendent thereof.
Who may use
S ec . 50. No safety lamp shall be entrusted to any person for use
safety lamps. in coal mines until he has given satisfactory evidence to the mine
foreman that ho understands the proper use thereof and danger
of tampering with the same.
C are o f safety
S ec . 51. A ll safety lamps used for examining coal, mines or for
la m p s.
working therein, shall be the property o f the operators, and shall
be in the care of the mine foreman, his assistant or fire boss or
other competent persons, who shall fill, trim, and examine and
deliver the same locked in a safe condition to the men when enterE x t r a lamps, ing the coal mine, before each shift. A sufficient quantity of
extra safety lamps* but not less than twenty-five per cent o f those
LABOR LAW S— ALABAMA— ACTS OF 1911,
931
in use shall be kept at each coal mine where methane has at any
time been generated in sufficient quantities to be detected by the
ordinary safety lamps for use in case of emergency. It shall be
the duty of every person who knows his safety lamp to be injured
or defective to promptly report such fact to the party authorized
herein to receive and care for said lamps, and it shall be the duty
of that person to promptly repair or report such fact to the mine
foreman.
S ec . 52. Approved safety catches shall be attached to cage used. S a f e t y
for the purpose of lowering and hoisting persons into and out of.£ * gSc h e s on
coal mines, and must be provided with suitable sheet iron covers, s
at least one-fourth inch thick and hinged to open upward, to
protect persons riding thereon from falling objects, and also with
iron bars or rings in proper place, and sufficient number to fur
nish a secure handhold for every person permitted to ride thereon.
An adequate brake shall be attached to every drum or machine for Brakes,
lowering and hoisting persons into and out of the mine and also
indicators which shall show to the person who works the machine
the position of the cage or load in the shaft or on the road way.
And, all shafts used for hoisting men, shall be equipped with. S p e a k i n g
metal tubes or pipes, suitably adopted for the free passage o ftubessound, through which conversation may be held between persons
at the top and landings of said shaft all safety catches provided
for herein shall be carefully inspected and properly oiled at least
once a week and shall he at all times kept in good working
condition.
Sec. 53. The main coupling cage chain in shaft mines attached Ma i n couto the socket of the wire rope may be tested by weights or other-pliug chainwise to the satisfaction o f the mine inspector o f the district
wherein the coal mine is located*, and bridle chains shall be
attached to the main hoisting rope above the socket, from the top
crosspiece o f the carriage or cage, so that no single chain shall
be used for lowering or hoisting persons into or out o f the mines.
A t all shafts used for the purpose of hoisting and lowering men,
the cages shall be provided with automatic self-detaching hooka
or the engines handling same shall be equipped with an auto
matic stopping device to« prevent overwinding.
Sec;. 54. The owner, operator or lessee of any coal mine shall Operation of
place in charge of any engines used for conveying into and hoist-ensinesing out ©f said coal mine, none but a competent engineer. No
other persons unless authorized by the owner, operator or lessee
shall enter the engine-room, and it shall be unlawful for any per
son to interfere with or intimidate the engineer in the discharge
of his duty. No person shall speak to the engineer while the.
engine is in motion, unless it be in giving signals to him, and;
notices to this effect shall be posted on the door of the enginehouse.
Sec.. 55. The ends o f all hoisting cables shall be well secured E a d s
on the drum, and have at least two and a half laps o f the same cables*
remain on the drum when the cage or trip is at rest at the lowest
landing.
of
S ec .. 56. A ll shafts more than 300- feet deep from which hoist- Guides in cering. is done by means of a bucket must be provided with suitabletain shafts*
guides,, and in connection with the bucket there must be a cross
head traveling upon these guides. The height of the- crosshead
shall be at least two-thirds of its widths I f the- crosshead be a Crosshead,
type that is not secured to the hoisting rope,, a stopper must be
securely and rigidly fastened to. the hoisting rope at- least seven
feet above the rim of the bucket*
S fc . 57. No open hook sh all be u sed with a bucket in hoisting,. Open hooks.
Safety hooks sh all be employed.
S ec . 58. Persons engaged in deepening a shaft in which hoist- Protection of
ing from an upper level is going on shah be protected from. eningnshafts6P
the danger of falling material by a suitable covering, extending
over the. whole area of the shaft,, sufficient openings being left
in the covering for the passage of men, a bucket or other conveyajaee used, in the sinking operations. No hoisting shall be done
932
B U LLETIN OF TH E BUBEAU OF LABOB.
in any compartment of a shaft while repairs are being made in
that compartment, excepting such hoisting as is necessary in
order to make such repairs.
R i d i n g on
Sec. 59. Any person riding upon any cage, skip or bucket that
cages, etc.
is loaded with tools, timber, powder or other material except fo r
the purpose o f assisting in passing such material through a shaft
or incline and then only after a special signal has been given,
shall be guilty o f a violation o f this act. When tools, timber-or
other materials are to be lowered or hoisted in a shaft, their ends,
if projecting above the top o f the bucket, skip or other vehicle
shall be securely fastened to the hoisting rope or to the upper
part o f the vehicle. This shall not apply to workmen carrying
their own tools in a shaft.
Carrying tim
Sec. 60. No person shall carry any timber or other materials
ber, etc.
other than tools and the day’s supplies, with him on any cage
in motion, except for use in repairing the sh aft; and no one shall
ride on a cage containing a loaded car, or on a single-deck cage
Carrying men with an empty car. No cage having an unstable or self-dumping
or materials.
platform shall be used for the carriage of men or materials,
unless the same is provided with some convenient device by which
said platform can be securely locked, and unless it is so locked
whenever men or materials are being conveyed thereon. No coal
shall be hoisted in any shaft while men are being lowered therein.
Landing*.
Sec. 61. The upper and lower landing at the top o f each shaft
and the opening o f each intermediate seam from or to the shaft,
shall be kept clear and free from loose materials, and shall be
securely fenced with automatic or other gates, so as to prevent
either men or materials from falling into the shaft.
Passagew ay
Sec. 62. A t the bottom of every shaft and at every caging place
around landing
therein, an adequate passageway must be provided around said
place.
landing place to serve as a traveling way by which men or ani
mals may pass from one side of the shaft to the other without
passing under or on the cage.
Cables f o r
Sec. 63. It shall be unlawful to use in any coal mine included
hoisting.
within the provisions of this act, any rope or cable for hoisting
or lowering either man or material, when such hoisting is done
by other means than human or animal power, unless such rope
or cable shall be composed of iron or steel wires, with a factor
of safety determined as hereinafter set forth : P rovid ed , h o w e ve r ,
That such iron or steel wires may be laid around a hemp center.
The factor of safety of all ropes or cables shall, when installed
in no case be less than five and shall be calculated by dividing the
breaking strength of the rope as given in the manufacturers’ pub
lished tables by the sum of the maximum load to be hoisted, plus
the total weight of the rope in the shaft when fully let out, plus
ten per cent of such values, to take account of shock at starting
and stopping.
Sec. 63$. It shall be unlawful for any mine operator, superin
Drag on rear
of cars.
tendent or mine foreman to haul or cause to be hauled on any
slope or plane where the grade is against the loaded cars or
trips of cars without using a drag on the rear end of the cars
or trips of cars when required by two or more mine inspectors
for the purpose of derailing the cars or trips of cars in case they
break loose and run back. The drag may be of heavy wrought
iron or of soft steel.
Ascending or
Sec. 64. No driver or other person shall descend, or ascend a
d e s c e n d i n g shaft with any horse or mule, unless the said horse or mule is
s h a f t s with
secured in a suitable box or safely penned, and only the driver in
animals.
Maps.
charge o f said horse or mule, and such assistants as he may need,
shall accompany it in any case.
Sec. 65. The owner, operator or lessee of any coal mine in this
State, shall make or cause to be made by a competent engineer
an accurate and exact detail map of said mine showing the exact
position of said mines in reference to the section line, which shall
be connected with some known boundary line of the section or
subdivision of the section. Said map shall show accurately the
position of any branches, creeks, rivers or railroads under which
LABOR LAW S-----ALABAMA— ACTS OF 1911.
933
said mine may extend; also as near as possible the position of
any old coal mine nearby. The location of all oil and gas wells
shall be shown on said map. Said maps shall show all shafts,
slopes, tunnels or other openings to the surface or to the workings
of a contiguous coal mine; all excavations, entries, rooms and
crosscuts; the location of the fan and furnace and the direction
of the air currents; the location of pumps, hauling engines, en
gine planes, abandoned works, fire walls and standing water;
and the boundary line of any surface outcrop of the seam. A
separate and similar map, drawn to the same scale in all cases,
shall be made of each and every seam, which after the passage
of this act, shall be worked in any coal mine and the maps of all
such seams shall show all shafts, inclined planes or other passage
ways connecting the same. Each map shall also show by eleva
tion in feet and decimals thereof the rise and dip of the seam
from the opening in either direction to the face of the workings.
Said map shall be sworn to by the engineer making same. The Filing.
map provided for herein shall be filed with the chief mine in
spector during the month of January, next after opening of said
mine, and shall show its condition on the first day of such Jan
uary, and all new work inside of the mine must be added to said
map, or a new map filed each year thereafter, showing the condi
tion of the mine on the first day of January of the. same year,
and this provision for additions to maps shall apply to all maps
which have heretofore been filed in the office of the chief mine
inspector. Said maps shall be filed in the office of the chief mine
inspector, who shall provide a suitable and safe place for keeping
them. The chief mine inspector with the approval of the board
of examiners may refuse to accept maps made by persons claim
ing to be mining engineers who are not known to be such and of
good standing and character in their profession. The mine boss in
charge of such mine shall certify to the correctness of such map,
to the best of his knowledge and belief, and the additions made
thereto. Said map shall be made on a uniform scale of one hun
dred or two hundred feet to the inch. The persons entitled to Who may ex
examine maps, plats and records of a coal mine shall be the owner, amine.
operator or lessee or agent of such coal mine, the persons finan
cially interested in such mine; the owner, or owners, of land ad
joining such m ine; the owner or owners of land adjacent to such
mine; the owner, operator, lessee or agent of a coal mine adjacent
to such mine, and the authorized representatives of the employees
of such or the employees driving any break through liable to
break into adjacent mine. The chief mine inspector shall not
permit such maps, plans, records and papers to be removed from
his office, and shall not furnish copies thereof to any persons ex
cept by request of the owner, operator, lessee or agent of the
mine to which such maps, plans and records pertain. The chief
mine inspector during the first three days of January of each
year, shall forward, or cause to be forwarded by express, or by
other safe means of transmitting at the expense of the owner,
operator or agent of the respective coal mines, all maps on file in
his office of mines in operation to the chief office of the respec
tive mine as such chief office shall be reported to him, in order
that said map may be revised showing the condition of the mine Revision.
on the first day of January of each year and such owner, operator
or agent of each mine in this State shall have such maps revised
during the month of January of each year, and return the same
to the office of the chief mine inspector charges prepaid, during
the said month of January.
F a i l u r e to
S e c . 66 Whenever the operator of any coal mine shall neglect
furnish maps.
or refuse, or, for any cause not satisfactory to the chief mine in
spector, fail for the period of three months, to furnish to said
inspector the map or plan of such mine, or a copy thereof, or of
the extension thereto, as provided for in this act, such operator
shall be deemed guilty of a misdemeanor. In addition thereto
the chief mine inspector is hereby authorized to make or cause to
.
25202°— Bull. 97— 12------ 5
934
BU LLETIN OF TH E BUREAU OF LABOR.
be made, an accurate map or plan of such mine at the expense of
the owner thereof; and the cost of the same may be recovered by
law from the operator in the same manner as other debts by suit
in the name of the chief mine inspector and for his use.
in co m p le te ,
S ec. 67. I f the chief mine inspector shall believe that any map
etc., maps.
or pjan Gf any coai mine made or furnished in pursuance of the
provisions of this act is materially incomplete, inaccurate, or
imperfect, then the chief mine inspector is hereby authorized to
cause a correct survey and map or plan of said mine to be made
at the expense of the operator thereof, the cost o f which shall be
recoverable from said operator as other debts are recoverable by
law : P ro vid ed , That when the chief mine inspector shall cause
a new survey and map or plan of any such coal mine, and it is
found that the map or plan furnished by the operator was sub
stantially correct, then the cost of the survey, map or plan caused
to be made by the chief mine inspector shall be paid by the State.
Survey may
S ec. 68. The chief mine inspector may order a survey to be
inspector
by made between the regular survey periods, of the workings of any
y
*
coal mine and the results to be extended on the maps of the same
and the copies thereof, whenever, in his judgment, the safety of
the workmen, the support of the surface, and the conservation of
the property or the safety of an adjoining coal mine require it.
Worked-o u t
S ec . 69. When any coal mine is worked out, or is about to be
mines.
abandoned or indefinitely closed, the operator of the same shall
make or cause to be made a final survey, where not already made,
of all parts of such mine and the results of the same shall be duly
extended on all maps of the mine and copies thereof, so as to
show all excavations and the most advanced workings of the
mine and their exact relation to the boundary or section lines on
the surface and such abandoned mines shall be properly fenced off.
Approach to
S ec . 70. When it is known that a place is likely to obtain a
d a n g e r o u s dangerous accumulation of gases or water, workings when ap
places.
proaching such places, shall not exceed eight feet in width, and
the person, or persons, driving such place, shall constantly keep
at a sufficient distance ahead, not less than three yards in adBore holes, vance, one bore hole near the center of the working, and one in
each comer 15 feet deep, at an angle of forty-five degrees, at in
tervals of six feet. These holes shall not be used for blasting
but separate holes for blasting not over four feet deep, must be
drilled. These precautions must begin at least 100 feet from the
probable source of danger.
Tapping wag EC ^ In a n y coa i mine? or c o a i mines, or parts thereof,
ing mine. 3
wherein water may have been allowed to accumulate in large
and dangerous quantities, putting in danger the adjoining or ad
jacent coal mines, and the lives of the miners working therein,
and when such can be tapped and set free and flow by it own
gravity to any point of drainage, it shall be lawful for any op
erator or person having a mine so endangered, with the approval
of the chief mine inspector, to proceed and remove the said
danger by driving a drift or drifts protected by bore holes as
provided by this act, and in removing said danger it shall be
lawful to drive across property lines if needful: P ro v id ed , That
all coal removed in such driving from adjacent land shall be paid
for on the basis of 25 cents per ton of 2,000 pounds. And, it shall
be unlawful for any person to dam or in any way obstruct the
flow o f water from said mine or parts thereof, when so set on
any part of its passage to point of drainage.
Workings to
S e c . 72. In no case shall the workings of any coal mine be
boundary lines. ^riven nearer than 15 feet to the boundary line of the coal rights
of the owner of said mine, except for the purpose of establishing
an underground communication between contiguous mines, as
provided for elsewhere in this act: P ro v id ed , That by mutual
consent of adjacent property owners, this distance may be re
duced or eliminated entirely: A n d provided, fu r th e r , That any
operator working up to an abandoned coal mine may be per
mitted to work to his property line if approved by the chief mine
inspector, but in such cases proper precautions must be taken as
provided in this act.
LABOR LAW S— ALABAMA— ACTS OF 1911,
935
Sec. 73. Whenever the owner, operator or lessee o f any land Rights of
adjacent to other land on which any coal mine is being worked, j^ n t* lands,
shall have reason to believe that such mine is being so worked
as to encroach upon his land, and has been refused by the owner,
operator or manager o f the mine, permission at reasonable time
to enter upon said mine with a competent engineer for the pur
pose o f inspecting and surveying such mine, he may make appli
cation under oath to the probate court o f the county in which the
mine is situated, setting out the facts and praying for an order
that such mine shall be surveyed. Upon the hearing after such
notice to the owner, operator or lessee o f the mine, as the court
may prescribe, the court may make an order requiring the chief
mine inspector to employ a competent engineer to make a survey
o f such mine and file such survey in the office o f the judge o f
probate and such survey when filed shall be received in any court
as prima facie correct. The court may at any time during the
progress o f the proceedings require security for costs and may tax
the costs in such manner as may be just and equitable.
Sec. 74. No gasoline, or naptha, shall be used in a coal mine, Use of gaso*
excepting for operating machinery, blow torches, safety lamps or Kjj® and nap*
for operating under the following regulations: Notice shall b e1 *
made to the chief mine inspector before installing, and the instal
lation and operation shall be subject to his approval. The supply
tank from which the gasoline or naptha is fed to the engine, shall
be of metal with a suitable screw cap opening, fitted with a gasket
so as to make the tank tight and the tank kept free from leaks;
the gasoline or naphtha shall be fed from a tank to the carburetor
or mixer by metal tubes securely connected so as to reduce the
possibility of leaks to a minimum; the exhaust from the engine,
when discharged in the mine, must not contain more than 12 vol
umes of carbon dioxide and 1 volume of carbon monoxide to 10,000
volumes of air. At no time shall there be more than two days’
supply of gasoline or naptha in the supply tanks; at no time
shall more than one day’s supply of same be taken into the
mine at any one time and at no time shall there be more than
two days’ supply in the mine; including that in the supply tank.
No gasoline or naptha shall be taken into the mine except in
metallic cans, with a screw cap opening at the top, fitted with a
suitable gasket; no package or can or the supply tank of an
engine, containing gasoline or naptha shall be opened until ready
to make the transfer from the package or can to the supply tank,
and in transferring, a funnel shall be used so as to avoid spilling
the gasoline or naptha, and the cap on the supply tank shall be
immediately closed; in no case shall the package, can, or the
supply tank, be opened with any open light or other thing contain
ing fire within twenty-five feet of the same.
S ec . 75. The oiling or greasing of cars inside of coal mines is Oiling cars
strictly forbidden, unless the place where said oil or grease is used inside of mines,
is kept reasonably clean. Not more than one barrel of lubricating
oil shall be permitted in the mine at any one time. No explosive
oil shall be used or taken into the mines for lighting purposes
except when used in approved safety lamps and illuminating oil
shall not be stored or taken into mines in quantities exceeding ollg luminatins
five gallons. Any person using explosive or impure oils in any
coal mine contrary to any of the provisions of this act, shall be
guilty of a misdemeanor: P ro vid ed , This does not apply to gaso
line used in gasoline engines or pumps, or naptha, so used.
Sec. 76. It shall be unlawful for any workman to fire a blast Notice before
without first notifying all persons in the immediate workingfirlns blasts*
places of that entry, and without giving sufficient alarm so that
any person or persons approaching shall be warned of danger.
S ec . 77. It shall be unlawful for any miner to charge any hole Charging and
for blasting coal before the hole has been thoroughly cleaned of tamping holes,
dust by suitable scraper. It shall be unlawful for any miner to
tamp any blasting hole with coal or other inflammable material
and it shall be the duty of the owner, operator or lessee of any
936
B U LLETIN OF TH E BUREAU OF LABOR.
coal mine wherein clay or other noninflammable material suit
able for use in tamping in preparing shots can not be readily ob
tained to provide and deposit within said mine such material in
each working heading, and such miner shall keep a sufficient
quantity of clay or other noninflammable material convenient to
his working place, and in case he has not the necessary supply of
clay or other noninflammable material for tamping purposes he
shall not charge any blasting hole until the same has been pro
cured.
T i m e s for
S e c . 78. A t a coal mine where the firing of shots is restricted to
firing.
specific times, it shall be unlawful for any miner to fire a shot
until the time appointed for him to do so, and then only in such
rotation as designated.
C o n s e n t of
S e c . 79. ,It shall be unlawful for any miner, shot firer or work
foreman to be
secured, when. man to fire a blast in any working place which is likely to gener
ate sudden volumes of fire damp, or where locked safety lamps are
used, except with the consent of the mine foreman, or other com
petent person designated by the mine foreman for that purpose.
Shortening
Sec. 80. A miner, workman or shot firer who is about to explode
matches, etc. a shot with a manufactured squib, shall not shorten the match
thereof or saturate with oil or ignite it except at the end; and
he shall see that all persons are out of danger from the probable
effects of such shots, and whether using squibs or fuse shall take
Warning.
measures to prevent anyone approaching by shouting “ fire ” im
mediately before lighting the same.
L e n g th o f
S e c . 81. It shall be unlawful for any miner, workman or shot
fuse.
firer to explode any shot with a fuse of insufficient length to pro
ject from the hole, when the cartridge is at the back of the hole,
and in no case less than three feet or to fire any shot which is not
tamped the full length of the hole.
Returning to
Sec. 82. No person shall return to a missed shot, if lighted with
missed shots. a squib until five minutes have elapsed from the time of lighting
the same, or if lighted with fuse, until the following day; and no
person shall return to a missed shot when the firing is done by
electricity unless the wires are disconnected from the battery or
power line.
Opening pow
Sec. 83. Whenever a workman is about to open a box or can
der boxes, etc. containing powder or other explosive, and while handling the
same, he shall place his lamp at least five feet distant from said
explosive, and in such position that the air current cannot con
vey sparks to it, and no person shall knowingly approach nearer
than ten feet to any open box containing an open can of powder
or other explosive with a lighted lamp, lighted pipe, or other
thing containing fire. No miner, workman, or other person shall
open any keg, can or other container of blasting powder with
any pick, wedge, tool or in any manner except by the means of
opening of the same provided by the manufacturer thereof, and
it shall be unlawful, and a violation of this act, for any person
to have in his possession in any mine any can or other container
of blasting powder containing blasting powder, which has been
opened in violation of this act.
S e c . 84. Every person who has powder or other explosive in
P o w d e r in
mines.
a coal mine shall keep same in a wooden box securely locked,
with hinged lid, and said box shall be kept as far as practicable
from the track; and said powder boxes shall be kept as far as
practicable from each other and each in a secluded place, nor
shall any explosive be kept nearer than 100 feet to any working
place. A ll black powder or other loose blasting material shall
be carried into the mine by the miner in a proper receptacle with
a securely fastened top.
Sec. 85. No blasting powder or other explosives shall be stored
Storage, etc.,
o f powder.
ia any coal mine and no workipan shall have at any time more
than the supply allowed by the rules and regulations of the mine,
and in no case shall more than one kind of explosives be used in
any one drill hole: P ro v id ed , That nothing in this section shall
be construed to prevent the operator from taking into the mine,
under proper precautions, a sufficient quantity of explosives for
LABOR LAW S— ALABAMA— ACTS OF 1911,
937
the reasonable requirements of such mine for the next succeed
ing working day.
S ec. 86 . It shall be unlawful for any person to take or have in Prohibited exhis possession or under his control within any coal mine, an yplosivesexplosive not permitted in the mine by the rules of said mine.
S ec . 87. No stocks of blasting powder and explosive materials Wooden storshall be kept for storage in a wooden structure.
a&e rooms.
S ec . 88. It shall be unlawful for any person to take or have in
Dynamite,
his possession or under his control within any coal mine in th eetc*
State of Alabama, any dynamite, or any other explosive which
may be prohibited by the rules and regulations of said mine
from being in said mine, unless such person shall first have the
written consent of the mine foreman or other person in charge
of the operation of said mine, which said consent in writing
shall set forth the use for which any such dynamite or other
prohibited explosives may be particularly intended.
S ec . 89. The owner or operator of each coal mine, at which
Scales,
the miners are paid by weight, shall provide such mines with
suitable scales of standard make for the weighing of all coal,
when contracted for to be weighed.
S ec . 90. A ll coal mined in this State, contracted for payment Ton*
by the ton or other weight shall be weighed, and the full weight
thereof shall be credited to the miner of such coal, and two thou
sand pounds of coal shall constitute a ton.
S ec . 91. In all coal mines, the miners employed and working Checkweightherein may furnish a checkweighman, who shall, at proper tim es,men*
have full access and examination of the scales, and see all
measures and weights and accounts kept of sam e: P ro vid ed ,
That not more than one person shall have such right of access,
examination and inspection of scales, measures and accounts at
the same time.
S ec . 92. The mine inspector, miners employed in the coal mines W h o m a y
and the owner of the land or persons interested in the rental scales.aCCeSS t0
and royalty of such mines, shall at all times have full right of
access to scales used at said mines, including tally sheets or tally
book in which the weight of coal is kept, to examine the amount
of coal mined, for the purpose of testing the accuracy thereof.
S ec . 93. It shall be the duty of the owner, operator or lessee or S tre tch e rs ,
superintendent of each coal mine to keep at or near the mouth of |*c*» J° be kept
the mine, or at such other place about or in the mine as shall
nes*
be designated by the chief mine inspector, a stretcher, properly
constructed, and so arranged that it may be carried on top of
the mine car without slipping, and a woolen and waterproof
blanket in good condition, for use in carrying away any person
who may be injured at the mines; and where more than 100 men
are employed two stretchers an$ two woolen and waterproof
blankets shall be kept at or in mines generating fire damp. A
sufficient quantity of linseed oil, olive oil or sterilized sweet oil
kept in close packages, and also carbolized vasoline, bandages,
and linen shall be kept in the store at the mines or at such
other place as would be convenient to the mines for use in emer
gencies and bandages shall be kept at all times.
S ec . 94. Any building, erected after the passage of this act, for E n g i n e
the purpose of housing the hoisting engine or boilers at any sh aft,nouses*
shall be substantially fireproof and no boiler house shall be nearer
than sixty feet to the main shaft, or opening, or to any inflam
mable structure connected therewith.
S ec . 95. After the passage of this act, it shall be unlawful to Main ventiplace a main or principal ventilating fan inside of any coal mine.lating fans*
S ec . 96. The owner, operator, lessee or agent of a coal mine at Underground
which the live stock is kept underground, shall observe the follow -stables*
in g : The stable or stalls shall be separated from the main inlet and
main outlet air courses by not less than twenty feet of solid strata
or a solid wall of brick masonry not less than twelve inches in
thickness, except at two doors not more than five feet wide, which
shall be made of steel plate not less than one-quarter of an inch
in thickness and hinged to the solid strata or masonry without
938
BU LLETIN OF TH E BUREAU OF LABOR.
the use of wood; the ventilation for the stable shall be taken
from the main inlet air courses by a by-pass or separate split and
returned to the main outlet air course so that the air passing the
stables will not enter the inward working places of the mine, and
arranged so that the by-pass or split can readily be closed at
both inlet and outlet sides of the stable by steel doors described
above; the construction of the stable inside shall be free from
pine or light lumber; shall be of brick masonry as much as prac
ticable, and any timber used shall be of hardwood of a cross
section not less than three by six inches; no hay or straw shall
be taken into the mine or stable unless the same be compressed
into compact bales, and then only from time to time in such
quantity as will be required for two days’ use; no greater quanH ay
a n d tity of hay or straw shall be stored in the mine or stable, and
.straw.
when such is taken into the mine it shall be taken inside the
stable at once; the lights used inside the stable shall be incandecent electric lamps, placed so that the same will not be injured
by the stock or persons required to enter the stable, or lanterns
o f railroad type suitable for using lard or signal oil, and only
such oil shall be used therein; all refuse and waste shall promptly
be removed from the stable and mine and shall not be allowed to
accumulate. Stables constructed underground, after the passage
and approval of this act shall be located not nearer than one
hundred and fifty feet of any opening to the mines used as a
means of ingress and egress.
Lighted pipes,
Sec. 97. It shall be unlawful for any person to take a lighted
etc., in stables. p ipe or other thing containing fire, except lanterns as provided
for in the preceding section into any stable in any coal mine in
this State.
Who may ride S ec . 98. No person, or persons, except those in charge of trips,
on cars.
superintendents, mine foremen, electricians, machinists and black
smiths and others, when required by their duty shall ride on
haulage trips, except a special trip of empty cars may be oper
ated for the purpose of taking employees into and out of the
mine, when the distance to and from their work exceeds one mile.
No person, excepting trip riders, shall ride on loaded car or cars,
and they shall ride only the front or rear end of the trip.
Traveling on
S ec . 99. No other person shall be allowed to travel on foot to or
foot, on planes, from his work on any incline plane, rope or locomotive roads,
etcwhen other roads are provided for that purpose. * * *
I
n staiiation,
S ec . 100. Rule 1. Electrical pressure or voltage referred to in
eti ‘aDnaratus1 these regulations is understood to mean that measured on all apca pp
’ paratus wires and cables installed and used underground. It not
only applies to voltages measured between terminals, conductors,
etc., but also to the voltage measured, between any one conductor,
terminal, etc., and the earth. Rule 2. Three systems of voltages
are described as follow s: Class 1. Low. 300 volts direct current,
or 240 volts alternating current or less. Class 2. Med. Between
300 volts and 600 volts direct current, or 240 volts and 480 volts
alternating current. Class 3. High. 600 volts direct current or
480 volts alternating current and higher. Rule 3. No apparatus
or conductors carrying a voltage within class three shall be al
lowed in or about working places. Rule 4. Portable apparatus
using a voltage of class three are prohibited. Rule 5. Electrical
equipments installed after this date shall not use any voltage
higher than that in class one in or about working places. This
does not prohibit the use of voltages defined in classes two and
three (except in or about working places) provided such appa
ratus is installed and maintained according to these regulations.
Rule 6. Power circuits entering the mine must be protected
against lightning by lightning arresters at all points of entrance
to the mines. Rule 7. The three wire double voltage system hav
ing a maximum voltage within class two may be used provided
the neutral is effectively grounded and the maximum voltage
between any conductor and the earth complies with these require
ments. Rule 8. The regulations covering the installation and
maintenance of conductors do not apply to the grounded or re-
LABOR LAW S— ALABAMA— ACTS OF 1911,
939
turn conductor or any grounded system. Rule 9. Trolley wires
are prohibited in any part of the mine where safety lamps are
used. Rule 10. Series arc and incandescent systems of class
three shall not be used. Rule 11. Conductors in shafts and slopes
used as traveling ways and in escape ways shall be protected.
Rule 12. Conductors of voltage of class three shall be reasonably
protected against mechanical injury and be adequately insulated
to minimize the danger of fire and shock. Such conductors shall
not be used where they can not be made to comply with these
regulations. Rule 13. A ll trolley wires carrying a voltage of class
two must be properly shielded except where the same are at least
feet above top of rail. Rule 14. Signal wires shall be run at
a safe distance and where possible placed on side of slope or
heading away from other circuits. Rule 15. A separate or inde
pendent circuit shall be provided for shot firing, where done by
electricity from the outside. A switch above the surface con
trolling all the shot firing circuits must be kept in a locked box,
accessible only to the authorized shot firers, and switch not
closed except to fire shots after which it must be opened and
locked opened. Rule 16. A ll shot firing switches shall be kept
open until immediately before the shots are fired. After the shots
are fired, the switches must be locked in open position. Rule 17.
No lighting on power circuits in the mines shall be used for firing
shots except in sinking shafts or rock slopes, and then only when
a special switch for such firing circuit is provided and fixed in a
locked box accessible only to the authorized shot firers. Rule 18.
Shot-firing wires, shall, where possible, be put on the side of the
heading or slope away from power and lighting circuits. Rule 19.
Where this system is used a suitable means of disconnecting wir
ing in working places shall be provided, and kept open at all
times, when miner is working in his place. Rule 20. Oil switches
only shall be used for voltages of class three. Rule 21. Any
unusual arcing, sparking, or heating of any of the electrical equip
ment shall be reported at once to the proper mine officer by the
attendant or any other person having knowledge of same.
S ec . 101. No person shall erase or change a mark or reference E r a s u r e of
or monument made in connection with measurements; change the marks, etc.
checks on cars; wrongfully check a car, or do any act with ref
erence thereto with the intent to defraud.
S ec. 102. Any employee, or other person, who shall willfully deDefacing or
face, pull down or destroy any notice board, danger signal, general or special rules or mining laws, shall be guilty of a m isde-g
811 ' e *
meanor.
S ec . 103. A ll persons are forbidden to meddle or tamper in any T a m p e r i n g
way with any electric or signal wires in or about the mines.
wires*1 electric
S ec . 104. Persons not employees of a coal mine shall not enter persons not
such mine unless the consent of the operator or his authorized employees,
representative has been secured and shall not stand on the tracks
or go near the machinery or other place of danger.
S ec . 106. Whoever shall, while under the influence of intoxiIn tox ica ted
eating liquor, enter any coal mine, or any of the buildings con- toxicants.na m
nected with the operation of the same, within this State, where
miners or other workmen are employed, or whoever, shall carry
iutoxicating liquors into the same, shall be deemed guilty of an
offense against this act, and upon conviction shall be punished
accordingly.
S ec . 107. On and after the passage of this act any coal mine Foremen, etc.,
superintendent, mine foreman, or assistant mine foreman, or any
other person or persons, who shall receive or solicit any sum of ment” P y
money, or other valuable consideration, from any of his or their
employees for the purpose of continuing in his or their employ,
or for the purpose of procuring employment, or procuring or keep
ing working places shall be guilty of a misdemeanor, and upon
conviction shall be subject to a fine of not less than fifty dollars,
940
BU LLETIN OP TH E BUREAU OF LABOR.
nor more than three hundred dollars, and shall be sentenced at
hard labor for the county for not less than six months.
Women and
Sec . 108. No woman of any age or boy under the age of fourcmiaren.
teen shall be employed to work or labor in or about any coal mine
in this State.
Abstract of
S ec . 109. For the purpose of making known the rules and pro
law and rules visions of this law to all persons employed in or about coal
to oe posted. mjnes> to which this law applies, an abstract of the law and rules
shall be furnished by the chief mine inspector and posted up in
legible characters in some conspicuous place or places at or near
the mines where they may be conveniently read by the persons
employed, and so often as they become obliterated or destroyed,
the owner, operator, lessee or superintendent, shall cause them to
be renewed with all reasonable dispatch. Any person who pulls
down, injures, or defaces such abstract of the law or rules when
up in pursuance of the provisions of this chapter, shall be guilty of
an offense against the law. The mine rules and regulations so
posted shall limit and govern the amount and kind of explosives
used in said mine.
Penalties.
S ec . 110. Any willful neglect or refusal or failure to do the
things required to be done by any section, clause or provision of
this act, on the part of the person, or persons, herein required to
do them, or any willful violation of any of the provisions or re
quirements hereof, or any willful attempt to obstruct or interfere
with any inspectors in the discharge of the duties herein imposed
upon him, shall be deemed a misdemeanor, and unless herein
otherwise provided punishable by a fine of not less than five dol
lars or more than five hundred dollars, or by imprisonment in the
county jail for a period not exceeding six months, one or both, at
the discretion of the court: P rovid e d, That in addition to the
above penalties, in case of the failure of any operator to com
ply with the provisions of this act in relation to the sinking of
escapement shafts and the ventilation of mines, the State’s attor
ney for the county in which such failure occurs shall proceed
against such operator by injunction without bond, to restrain
him from continuing to operate such mine until such legal require
ments shall have been fully complied with.
Person inS ec . 110£. The word person wheresoever used in this act shall
eludes corpora-include corporation [,] association [,] co-partnership or firm as well
tions, etc.
ag an ac^uai person.
Approved April 18, 1911.
E m p lo ym en t o f children— In sp ectio n o f fa ctories and w orkshops,
(Page 546.)
Unlawful emS ection 1. Section 8 of an act to regulate the employment of
ploy ment.
child labor [Acts of 1909, page 158] is hereby amended so as to
read as follow s: Any person, firm or corporation who violates any
of the provisions of this chapter or who knowingly permits any
child to be employed, or detained in, or be in, or about his, their,
or its mills, factory or manufacturing establishment, contrary to
Refusing in- the provisions of this chapter, or who shall fail or refuse to fur
formation.
nish the inspector the necessary information upon all such mat
ters as he is required to report upon, and, all such other informa
tion as is necessary with reference to the keeping of records in
Penalty.
the office of the said inspector, shall be guilty of a misdemeanor,
and upon conviction, shall be punished by a fine of not less than
fifty dollars nor more than one hundred dollars for each offense,
Who may in[Section 11 of the same act is amended so as to charge the State
spect.
prison inspector, in person or by his chief clerk or deputy inspec
tors, with the duty of inspecting mills, factories, and manufactur
ing establishments wherein women and children work, instead of
the inspector of jails and almshouses only, as in the original act.]
Approved April 21, 1911.
LABOR LAW S— ALABAMA— ACTS OP 1911,
941
M in e regulations— Oil fo r lam ps .
(Page 568.)
S ection 1. A ll oils or other material for illuminating purposes Oils to be
in mines in this State, except when used in safety lamps, or nonexplosive,
except when used by the permission of the chief mine inspector,
or one of his associates, in mines under conditions where the oil
herein specified will not burn, shall be nonexplosive and free
from odors or fumes that are deleterious to health and shall have
a burning point of not lower than three hundred degrees Fahren
heit [Fahrenheit] when tested in a Tagliabue open cup and which
must not produce any more smoke than is produced by the burn
ing of pure summer yellow cotton seed oil when burned under the
same conditions.
S ec . 2. A ll barrels or other vessels or packages containing Containers to
illuminants that are manufactured for use in mines shall be be marked,
branded or labeled with the name of the manufacturer, the date
of shipment or delivery and date of inspection.
S ec . 3. It shall be the duty of the chief mine inspector, or one Inspection,
of his associates, to inspect before sale by the manufacturer all
material sold for illuminating purposes in mines in this State
for the purpose of ascertaining whether the same conforms to the
provisions of section one of this act. If such material shall be
found upon inspection to conform to the requirements of said sec
tion the person making such inspection shall affix or attach to the
barrel, vessel or package containing such material a certificate
substantially as follow s: “ This is to certify that I have th is------day o f ---------- inspected the material contained in this vessel and
find that same complies with the laws governing the sale of
ilJuminants for use in mines in the State of Alabama.” . (Signed)
---------- ---------- , inspector. If, however, he shall find that such
material does not conform to the requirements of said section he
shall condemn such material for use as an illuminant in mines
and shall affix or attach to the barrel, vessel or package' contain
ing said material a certificate substantially as follow s: “ This is
to certify that I have this t h e -------day o f ------------inspected the
material contained in this vessel and fin’d that the same does not
meet the requirements of the law governing the sale of illumi
nants for use in the mines in the State of Alabama and is there
fore prohibited for sale or use for such purpose.” (Signed)
-------------- .------- , inspector. And thereafter it shall be unlawful to
sell the material so condemned for illuminating purposes in any
mine in this State, or to use the same therein until it is made by
the manufacturer to conform to the requirements of section one
of this act.
Sec. 4. Any person or corporation who shall knowingly sell Sale of oil in
or offer for sale for use in open lamps in any mine in this State L*?*1 ion of
any oil or other material that does not conform to the require- statute*
ments of the first section of this act, or that has not been inspected
and certified as complying with the laws of this State, as above
provided, shall be deemed guilty of a misdemeanor and upon
conviction shall be fined not less than one hundred dollars, nor
more than one thousand dollars, and any person so convicted
may be also sentenced to hard labor for not less than thirty days
nor more than twelve months within the discretion of the court.
Sec. 5. Any miner or other person who shall knowingly use and Use of oil in
any mine foreman who shall knowingly permit to be used, any
of
oil or other material for illuminating purposes in any mine in 8
this State that does not conform to the requirements of the first
section of this act, or that has not been inspected and certified as
complying with the laws of this State as above provided, shall be
deemed guilty of a misdemeanor and upon conviction shall be
fined not less than ten dollars nor more than one hundred dollars,
and he may also be sentenced to hard labor for not less than
thirty days nor more than twelve months within the discretion
of the court.
942
BU LLETIN OF T H E BUREAU OF LABOR.
S ec . 6 . Where there is in any county of this State an inspector
0f 0 iif or other material to be used for illuminating purposes in
mines appointed under any local act, then and until the first
day of March, 1913, the inspection herein provided for shall be
made by such inspector, and not by the chief mine inspector or
his associates; but after said date such inspection shall be made
by the chief mine inspector, or his associates as herein provided:
P ro v id ed , h o w e ve r , That such local inspector shall only inspect
such oils or other material when sold for use in his county.
Repeal.
S ec . S. A ll laws, general, local or special in conflict with this
E ffe c tiv e ,a c t are hereby repealed: P ro vid ed , That such repeal of any local
whenor special act shall not take effect or become operative until the
first day of March, 1913.
Approved April 21, 1911.
C o u n ty
spector.
in-
ARKANSAS.
ACTS OF 1911.
A ct No. 19.— E m p lo y e rs to fu rn ish n a m es o f em p loyees to
a ssesso rs , etc .
Law extend-
[This act amends section 5355 of Kirby’s Digest by making the
section applicable to all employers instead of only those operating
mills, mines, or manufacturing enterprises.]
Approved February 7, 1911-
A ct No. 23.— S a fe ty appliances on railroads— S w itch lights .
Swi t ch
Section 1. Any company, corporation or officer of court or any
lights required, person or persons operating any line of railroad during the night
time in this State, shall be required to place and maintain sufficient
lights during the nighttime on all its main line switches, of the
line of railroad so operated, and, of the color green indicating
main line and red to indicate side tracks.
Approved February 10, 1911.
A ct No. 34.— A ssig n m en ts o f w a g es .
Employer to
accept.
ance of same has been filed with the recorder of the county where
the party making the assignment or order resides, if a resident
of the State or the State where he is employed.
Fiiing.
Wife’s
sent-
Section 1. No assignment or order for wages to be earned in
the future to secure a loan o f less than two hundred dollars, shall
be valid against any employer of the person making such assign
ment or order, until said assignment or order is accepted in writ
ing by the employer and said assignment or order and the accept-
con-
Sec. 2. No assignment o f
future shall be valid when
written consent o f his wife
for wages shall be attached
order for wages to be earned in the
made by a married man, unless the
to making such assignment or order
thereto.
Approved February 20, 1911.
A ct No. 88.— L ia b ility o f railroad com panies fo r injuries to
em p lo yees .
Acts of felSection 1. Every common carrier by railroad in this State,
low servants, Sban be liable for all damages to any person suffering injury while
he is employed by such carrier, or, in case of the death of such
employee, to his or her personal or legal representative, for the
benefit of the surviving widow or husband and children of such
employee; if none, then to such employee’s parents; if none, then
to the next of kin of such employee, for such injury or death
resulting in whole or in part from the negligence of any of the
officers, agents, or employees of such carrier, or by reason of any
LABOR LAW S— ARKANSAS— ACTS OF 1911.
943
insufficiency of clearance of obstructions, of strength of road- D e f e c t s ,
bed and tracks or structures, or machinery and equipment, of rules» etc*
lights and signals in switching and terminal yards, or rules and
regulations and of number of employees to perform the particular
duties with safety to themselves and their coemployees, or of
any other insufficiency; or by reason of any defect, which defect
is due to its negligence in its cars, engines, motors, appliances, ma
chinery, track, roadbed, boats, works, wharves or other equipment.
S ec . 2. If the employee of any such common carrier shall re- Employer’ s
ceive any injury or shall be killed by reason of any defect in any
se as"
car or cars, engines, motors, appliances, machinery, track, road
bed, works, wharves, or other equipment owned, operated or used
by such common carrier, such common carrier shall be deemed to
have had knowledge of such defect before and at the time such
injury is sustained or death caused, and when the fact of such
defect shall be made to appear in the trial of any action in the
courts of this State brought by such employee or his or her per
sonal or legal representative against any such common carrier
for damages on account of such injuries so received or death so
caused, the same shall be prima facie evidence of negligence on
the part of such common carrier.
S ec . 3. In all rights of action hereafter arising within or by
Comparative«
virtue of this act or any provision of the same for personal injury negllgence*
to an employee, or where such an injury has resulted in his death,
the fact that an employee may have been guilty of contributory
negligence shall not bar a recovery: P rovid ed , That the negligence
of such employee was of a lesser degree than the negligence of
such common carrier, its officers, agents or employees: P rovid ed ,
fu rth er, That no such employee who may be injured or killed shall Violation of
be held to have been guilty of contributory negligence in any easesa ety aws*
where the violation by such common carrier, its officials, agents
or employees, of any law enacted for the safety of employees or
persons contributed to the injury or death of such employee, and
such employee shall not be held to have assumed the risk of his
employment in any action arising out of any of the provisions of
this act.
S ec . 4. The words “ common carrier by railroad,” or “ com- Definition,
mon carrier” as used in this act, shall be taken to embrace any
company, association, corporation, or person, managing, maintain
ing, operating, or in possession of a common carrier operating
upon rails or tracks in whole or in part within this State, whether
as owner, contractor, lessee, mortgagee, trustee, assignee or
receiver.
S ec . 5. No contract of employment, insurance, relief benefit, or
Waivers,
indemnity for injury or death entered into by or on behalf of any
employee, nor the acceptance of 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 for per
sonal injuries, to, or death of such employees: P rovid ed , h ow ever,
That upon the trial of such action, the defendant may set-off Offsets,
therein any sum it has contributed toward any such insurance,
relief benefit or indemnity that may have been paid to the injured
employee, or, in case of death, to his personal or legal repre
sentative.
S ec . 6. Nothing in this act shall be held to lim it the duty of
Construction
common carriers by railroad, or impair the rights of their em -or statuteployees in the existing laws of the State.
Approved March 8, 1911.
A ct N o. 166.— B o n d s o f em p loyees o f railroad com panies .
S ectio n 1. No common carrier authorized to do business in
Freedom to
this State, when requiring of an employee that he give it a bond c h o o s e comor undertaking of any nature whatsoever, shall require such em- pany*
ployee to have such bond or undertaking executed, as surety by
any particular person, company, corporation, association, or firm,
or by any [one] or more of any number of such persons, com-
944
B U LLETIN OE TH E BUREAU OF LABOR,
panies, corporations, associations or firms named by such com
mon carrier; and no such common carrier shall reject any such
bond or undertaking for any reason other than the financial in
sufficiency of such bond or undertaking.
N onresident
S ec . 2. No common carrier authorized to do business in this
bondsmen.
State, when requiring of an employee that he give a bond or
undertaking of any nature whatsoever, shall require as surety
thereon any person not a resident of this State; nor shall any
such common carrier accept as such surety any company, corpora
tion or association unless the same is a corporation duly organ
ized under the laws of the State of Arkansas, or who shall have
designated an agent residing within this State upon whom serv
ice of legal process against it may be had as provided by law for
foreign corporations doing business in this State, and shall also
have in this State a general office, [where] it shall require that
every such bond or undertaking shall be approved, if approved,
and cancelled, if cancelled, and where a complete record thereof
shall be kept.
f rPfFpd +L5? S ec. 3. Every bond or undertaking of any nature whatsoever
ior nxea term. given
an empi0yee of any common carrier authorized to do
business in this State shall be made to cover a definite term,
Cancellation, and no such bond or undertaking shall be cancelled without the
consent of all parties thereto, except for a breach of one or more
of the conditions thereof. Any such employee who shall have
given any such bond or undertaking, shall, upon the breach of
any of the conditions thereof by the other party or parties thereto,
have the power to cancel the same by giving the surety or sureties
thereon and the common carrier for the benefit of whom the
same shall have been made at least ten days’ notice in writing,
setting out in full the reason for cancelling the same, said notice
to be signed by such employee and sworn to by him in this State
before any officer authorized to administer oaths. Any such
notice to a company, corporation or association may be served by
leaving the same with any person upon whom service of legal
process upon such company, corporation or association may be
had. Any surety or any such bond or undertaking, shall, upon
the breach of any of the conditions thereof by the common carrier
employee for whom the same shall have been made, have power*
to cancel the same by giving such employees at least ten days’
notice in writing setting out in full the reasons for cancelling
the same, the said notice to be signed by an agent or manager of
such surety, then a resident of this State and then authorized to
approve or disapprove similar bonds or undertakings for such
surety, and to be sworn to by the person signing the same in
this State before an officer authorized to administer oaths: P ro
vid ed , That nothing therein shall affect any right of action accru
ing to any person upon the breach of a contract.
Approved April 7, 1911.
A ct N o. 231.— E m p lo y m e n t o f children— School attendance .
School at- S ection 1. Every parent, guardian or other person in the State
auire<?nCe re’ 0^ Arkansas, having charge and control of any child between the
q
’
ages of (8) and (16) years, shall cause such child to attend
regularly some day school, public, private, parochial or parish
[school], not less than one-half of the entire time the public school
said child attends [is] in session during any one year, or shall
provide such child at home with such regularly [regular] daily
instruction during the usual hours as shall be in the judgment of
court or school board having competent jurisdiction, substantially
equivalent to at least the instructions given the children of like
age and advancement at the day public school in the locality in
Unemployed which said child resides: P ro vid ed , That every parent, guardian
children.
or other person in the State of Arkansas, having charge and
control of any child between the ages of sixteen and twenty
years, who is not actively and regularly and lawfully engaged in
some useful employment or service, shall cause said child to
945
LABOR LAW S— ARKANSAS— ACTS OF 1911.
attend school as hereinbefore provided for children from eight
to sixteen years.
Sec. 2. Any child between the ages aforsaid may be excused
temporarily from complying with the provisions o f this act in
whole or in part, if it be shown to the court o f competent juris
diction, or school board of said district * * * that the labor
o f said child is absolutely necessary for the support o f the family,
or that said child has completed a common-school course includ
ing seven (7) grades, and has certificate o f same from the school
said child attended. * * *
Sec. 3. The board having charge o f a public school in a city or
district shall appoint for a period o f one year, one or more at
tendance officers to enforce the provisions o f this act. * * *
Exceptions.
Enforcement
The attendance officer * * * shall have the right to visit
and enter any office or factory or business house employing chil
dren as aforesaid; * * *
Counties
S ec . 7. * * * P ro vid ed , The following counties shall be ex-- ------- ex—
empted from the provisions of this a ct: Baxter, Cleburne, Polk, cepted*
Madison, Franklin, Jefferson, Sebastian, Yell, Independence, Scott,
Drew, Little River, Lonoke, Woodruff, Boone, Bradley, Calhoun,
Desha, Lafayette, Lincoln, Marion, Monroe, Phillips, Ashley, Dal
las, Columbia, Montgomery, Chicot, Hot Spring, Saline, St.
Francis, Benton, Lee, Ouachita, Pope, Union, Crittenden, Pulaski.
Prairie, Hempstead, Howard.
Approved May 28, 1911.
A ct N o. 261.— S a fe ty appliances on railroads— B locking fr o g s .
S ection 1. Any company owning or operating any railroad in Blocking rethis State, shall be required to place and maintain blocks of a ^ i n
sufficient size in all its frogs and guardrails to prevent employees
fiom getting their feet caught therein.
Approved May 10, 1911.
A ct N o. 285.— E xa m in a tion and licensing o f plu m bers.
S ection 1. Any person now or hereafter engaging in or working
Certificate re
nt the business of plumbing in cities of the first and second quired.
classes of this State either as a journeyman plumber or as a
master plumber working in the capacity of a journeyman plumber
or any person installing or placing any plumbing, fixtures or ma
terial, shall first receive a certificate in accordance with the pro
visions of this act.
S ec . 2. Within ninety days after this act becomes a law, and
thereafter, all persons engaging in or working at the business of
plumbing in this State, either as journeyman plumber, or as a
master plumber working in the capacity o f a journeyman plumber,
or any person installing or placing plumbing fixtures or material,
shall make application to the board of examiners hereinafter
provided for, and shall at such time and place as the board may
designate, be required to pass such examination as to his quali
fication and competency as a plumber, as the board may prescribe.
The examination shall be of such a character as to thoroughly
test the applicant’s ability both practically and theoretically.
S ec . 3. There shall be in every city of the first and second
classes in this State, a board of examiners of plumbers consisting
of four members, two of whom shall be master plumbers nad
[and] two journeyman plumbers. Said board shall be appointed
by the mayor and approved by the city council, of said city,
within ninety days after the passage of this law, for the term of
two years from the first of May of the year of appointment, and
thereafter biennially before the first of May, and shall be paid
from the treasury of said city the same as other officers in such
sums as the authorities may designate but in no case shall the
salaries or fees of the aforesaid board exceed fifty per cent of the
fees collected for examinations as hereinafter provided for. No
person shall be eligible as a member of this board who has not
served a regular apprenticeship and worked as a practical jour
neyman for a period of five years or more.
Examination,
Boards,
946
Members
be citizens.
Duties
boards.
B U LLETIN OF T H E BUREAU OF LABOR.
to
of
Renewals.
Scope of law.
Sec. 4. All members o f such board shall be citizens and actual
residents o f the cities in which they act.
Sec. 5. The board of examiners of plumbers shall within twenty
days after their appointment meet and shall then designate the
time and place of the examination of all applicants for plumbers’
certificates within their respective jurisdiction. Said board shall
examine all applicants as to their knowledge of plumbing, house
drainage and plumbing ventilation, and if satisfied of the compe
tency of such applicants, shall thereupon issue a certificate to
such applicant authorizing him to work at the business of plumb
ing, and to place and install plumbing fixtures and material and
it shall be unlawful for any person to work in the capacity of a
journeyman plumber or to install plumbing fixtures or material
unless he shall have first obtained a certificate of competency.
The board shall keep and preserve a record of all persons ex
amined by them and to whom a certificate of qualification has
been issued.
A ll certificates of qualification issued under the provisions of
this act must be renewed by the holders thereof every five years
but upon renewal no examination shall be required. For each
certificate or renewal of a certificate the board shall collect five
dollars to be paid into the treasury of the city in which said board
acts. Applicant for renewal must be actively engaged in the busi
ness of plumbing at the time he applies for renewal of certificate.
Approved May 26, 1911.
A ct No. 418.— Railroads— Construction, etc ., o f caboose cars .
Section 1. The provisions of this act shall apply to any corpora
tion or to any person or persons while engaged as common car
riers in the transportation by flailroad of passengers or property,
within this State to which the regulative power of this State
extends.
Dimensions,
Sec. 2. From and after the first day of January, 1913, it shall
equipment, etc. be unlawful, except as otherwise provided in this act, for any
such common carrier by railroad to use on its lines any caboose
or other car used for like purposes unless such caboose or other
car shall be at least twenty-four feet in length inclusive of the
platform and equipped with two four-wheel trucks and said
caboose car or other car shall be of constructive length [strength]
equal to that of the thirty-ton capacity freight cars constructed
according to M. O. B. standards and shall be provided with a
door in each end thereof, and, an outside platform across each
end of said car; each platform shall not be less than twenty-four
inches in width and shall be equipped with proper guardrails,
and with grab irons and steps for the safety of persons getting
on and off said cars. Said steps shall be equipped with a suitable
rod, board or other guards at each end and at the back thereof
properly designed to prevent slipping from said step.
Said
caboose shall be not less than 7 feet in height, with cupola, and
necessary closets and windows.
Maki ng
Sec. 3. Whenever any such caboose car or other cars now in
changes.
use by such common carrier as provided by section 1 herein, shall,
after this act goes into effect, be brought into any shop for gen
eral repairs, it shall be unlawful to again put the same into the
service of such common carrier within this State, unless it be
equipped as provided in section 2 of this act.
Approved May 31, 1911.
A ct No. 472.— Commissioner o f health— Sanitation
ries, etc.
Inspection.
of facto-
Section 8. The commissioner [of health] shall have power and
authority to investigate the sanitary conditions of schools, mills,
mines, railroads, * * * and to prescribe and enforce such
measures of sanitation of them as may be deemed advisable.
* * *
Approved June 2, 1911.
LABOR LAW S— CALIFORNIA— ACTS OF 1911,
947
CALIFORNIA.
ACTS OF 1911.
Chapter 20.— Railroad com m ission— A ccid en ts on railroads .
Section 22. It is hereby made the duty of the [State railroad]
to ^
commission to see that the provisions of this act, and all laws enrorceaof this State concerning railroad and other transportation com
panies, are enforced and obeyed, and that violations thereof are
promptly prosecuted, and penalties due the State therefor, re
covered and collected, and to this end, it may sue in its own
name to correct any abuses or collect any penalties due the State
of California.
The commission shall investigate the cause of all accidents on Investigation
any railroad within this State which result in loss of life o r of accidents‘
injury to persons or property, and which in its judgment shall
require investigation. Every railroad and other transportation Reports,
company is hereby required to give immediate notice to the com
mission of every accident happening upon any line owned,
operated, controlled or leased by it in such manner as the commis
sion may direct.
*
*
*
*
*
Approved February 9, 1911.
Chapter 21.— C om m ission er o f labor — T erm o f office.
[This is an amendment making the term of the commissioner of
Term not
labor dependent on the pleasure of the governor, instead of being fixed*
for four years as formerly.]
Approved February 13, 1911.
Chapter 49.— Railroads— M in im u m crew — Qualifications .
Section 1. It shall be unlawful for dny common carrier by rail- .Law applies,
road in the State of California operating more than four trains wnen*
each way per day of tweny-four hours on any main track or
branch line of railroad within this State to run, or permit to be
run, any passenger, mail, or express train propelled or drawn by
steam locomotive that has not at least the following named em
ployees thereon: One engineer, one fireman, one conductor, one C r e ws for
brakeman, one baggageman: P ro v id ed , That on any such trainJr^ ss.e n g e r
upon which baggage is not hauled a baggageman need not be em
ployed: P ro vid ed , fu r th e r , That on any such train where four
passenger coaches or cars exclusive of railroad officers’ private
cars, or more than four passenger coaches or cars are hauled, two
brakemen instead of one shall be employed.
Sec. 2. It shall be unlawful for any such common carrier to F r e i g h t
run, or permit to be run, any freight or work train propelled or trains;
drawn by steam locomotive that has not at least the following
named employees thereon: One engineer, one fireman, one con
ductor, two brakemen: P ro vid ed , That on any such freight or
work train composed of fifty cars or more, three brakemen instead
of two shall be employed.
Sec. 3. It shall be unlawful for any such common carrier to run Other trains,
or permit to be run any train propelled or drawn by steam loco
motive other than those trains described in section 1 and section
2 of this act, that have not at least the following named employees
thereon: One engineer, one fireman, one conductor, and one brakem an: P ro v id ed , That nothing in this section contained shall ap
ply to an engine or engines without cars; nor to any relief train
or wrecking train in any case where a sufficient number of em
ployees to comply with this section are not available for service
on such relief or wrecking train.
Sec. 4. It shall be unlawful for any such common carrier to Q u a lifica employ any person as a steam locomotive engineer who shall not tions.
948
BU LLETIN OF TH E BUKEAU OF LABOR.
have had at least two years’ actual service as a steam locomotive
fireman, or one year of actual service as a steam locomotive
engineer, or to employ any person as a conductor who shall not
have had at least two years of actual service as a railroad brake'
man, or one year at actual service as a railroad conductor, or to
employ any person as a brakeman who shall not have passed the
regular examination required by transcontinental railroad: P ro vided, That nothing in this section contained shall apply to the
running or operating of steam locomotives to or from trains at
divisional terminals by hostlers or to the running or operating
of steam locomotives to and from engine houses or to the doing
of work on steam locomotives at shops and engine houses.
Violations.
Sec. 5. Any violation o f this act shall be deemed a misdemeanor,
and shall be punished, upon conviction, by fine not exceeding five
hundred dollars, or by imprisonment in a county jail not exceed
ing six months, or by both such fine and imprisonment.
Strikes, etc.
Sec. 6. Nothing in this act contained shall apply to the opera
tion of any train by common carriers during times of strikes or
walkouts, participated in by any of the hereinbefore mentioned
employees of such common carrier.
Approved February 20, 1911.
C h a p t e r 92.— P a ym en t o f w a g es in scrip .
Orders, etc.,
S e c t io n . 1. No person, firm, or corporation engaged in any busiablebe nesoti‘ ness or enterprise within this State shall issue, in payment of or
Violation.
as an evidence of indebtedness for wages due an employee, any
order, check, memorandum or other acknowledgement of indebted
ness, unless the same is negotiable, and is payable upon demand1
without discount in cash at some bank or other established place
o f business in the State: P ro vid ed , h o w e v e r , That the provisions
of this act shall not apply to counties, cities and counties, munici
pal corporations, quasi municipal corporations, or school districts
organized and existing under the laws of this State.
gEc. 2. Any person, firm, or corporation who shall violate any of
the provisions of this act shall be guilty of a misdemeanor, and
upon conviction thereof, shall be punished by a fine not to exceed
five.hundred dollars, or by imprisonment in the county jail for not
more than six months, or by both such fine and imprisonment.
Approved March 1, 1911.
C hapter
258.— E m p lo y m e n t o f w om en — H o u r s o f labor — S eats.
S ectio n 1. No female shall be employed in any manufacturing,
mechanical or mercantile establishment, laundry, hotel, or res
taurant, or telegraph or telephone establishment or office, or by
any express or transportation company in this State more than
eight hours during any one day or more than forty-eight hours
in one week. The hours of work may be so arranged as to per
mit the employment of females at any time so that they shall not
work more than eight hours during the twenty-four hours of one
Exceptions, day, or forty-eight hours during any one week: P ro v id ed , how
ever, That the provisions of this section in relation to the hours
of employment shall not apply to nor affect the harvesting, curing,
canning or drying of any variety of perishable fruit or vegetables.
Eight-hour
day*
Seats.
Sec. 2. Every employer in any manufacturing, mechanical or
mercantile establishment, laundry, hotel, or restaurant, or other
establishment employing any female, shall provide suitable seats
for all female employees, and shall permit them to use such seats
when they are not engaged in the active duties o f their employ
ment.
Violations.
S ec . 3. Any employer who shall require any female to work in
any of the places mentioned in section one more than the number
of hours provided for in this act during any day of twenty-four
hours, or who shall fail, neglect, or refuse to so arrange the work
of females in his employ so that they shall not work more than
LABOR LAW S— CALIFORNIA— ACTS OF 1911,
949
the number of hours provided for in this act during any day of
twenty-four hours, or who shall fail, neglect, or refuse to provide
suitable seats as provided in section two of this act, or who shall
permit or suffer any overseer, superintendent, foreman, or other
agent of any such employer to violate any of the provisions of this
act, shall be guilty of a misdeameanor, and upon conviction thereof
shall be fined for each offense not less than fifty dollars nor more
than two hundred dollars, or imprisoned in the county jail not
less than five nor more than thirty days, or both fined and im
prisoned.
Approved March 22, 1911.
C h a p t e r 399.— Com pensation fo r in ju ries to em p loyees.
S ection 1. In any action to recover damages for a personal Negligence to
injury sustained within this State by an employee while engaged be compared,
in the line of his duty or the course of his employment as such,
or for death resulting from personal injury so sustained, in which
recovery is sought upon the ground of want of ordinary or rea
sonable care of the employer, or of any officer, agent or servant
of the employer, the fact that such employee may have been
guilty of contributory negligence shall not bar a recovery therein
where his contributory negligence was slight and that of the
employer was gross, in comparison, but the damages may be
diminished by the jury in proportion to the amount of negligence
attributable to such employee, and it shall be conclusively pre- Defenses absumed that such employee was not guilty of contributory negli- rogated.
gence in any case where the violation of any statute enacted for
the safety of employees contributed to such employee’s injury;
and it shall not be a defense:
(1) That the employee either expressly or impliedly assumed
the risk of the hazard complained of.
(2) That the injury or death was caused in whole or in part
by the want of ordinary or reasonable care of a fellow servant.
S ec . 2. N o contract, rule or regulation, shall exempt the em- Waivers,
ployer from any of the provisions of the preceding section of this
act.
S ec . 3. Liability for the compensation hereinafter provided for, Compensation
in lieu of any other liability whatsoever, shall, without regard
to negligence, exist against an employer for any personal injury10 eg g
*
accidentally sustained by his employees, and for his death if the
injury shall approximately cause death, in those cases where the
following conditions o f compensation concur:
(1) Where, at the time of the accident, both the employer and
employee are subject to the provisions of this act according to
the succeeding sections hereof.
(2) Where, at the time of the accident, the employee is per
forming service growing out of and incidental to his employment
and is acting within the line of his duty or course of his em
ployment as such.
(3) Where the injury is approximately caused by accident,
either with or without negligence, and is not so caused by the
w illful misconduct of the employee.
And where such conditions of compensation exist for any per
sonal injury or death, the right to the recovery of such compensa
tion pursuant to the provisions of this act, and acts amendatory
thereof, shall be the exclusive remedy against the employer for Remedy exsuch injury or death, except that when the injury was caused by clusive» wnen.
the personal gross negligence or willful personal misconduct of
the employer, or by reason of his violation of any statute designed
for the protection of employees from bodily injury, the employee
may, at his option, either claim compensation under this act, or
maintain an action for damages therefor; in all other cases the
liability of the employer shall be the same as if this and the
succeeding sections of this act had not been passed, but shall be
subject to the provisions, of the preceding sections of this act.
25202°— Bull. 97— 12------ 6
950
B U LLETIN OF TH E BUREAU OF LABOR,
Who are em- S ec . 4. The following shall constitute employers subject to the
ployers.
provisions of this act within the meaning of the preceding section:
(1) The State, and each county, city and county, city, town,
village and school districts and all public corporations, every per
son, firm, and private corporation, (including any public service
corporation) who has any person in service under any contract
of hire, express or implied, oral or written, and who, at or prior
to the time of the accident to the employee for which compensation
under this act may be claimed, shall, in the manner provided in
the next section, have elected to become subject to the provisions
of this act, and who shall not, at the time of such accident, have
withdrawn such election, in the manner provided in the next
section.
Election
S ec . 5. Such election on the part of the employer shall be made
made, how.
filing with the industrial accident board, hereinafter provided
fop a written statement to the effect that he accepts the provisions
of this act, the filing of which statement shall operate, within the
meaning of section three of this act, to subject such employer to
the provisions of this act and all acts amendatory thereof for
the term of one year from the date of the filing of such state
ment, and thereafter, without further act on his part, for suc
cessive terms of one year each, unless such employer shall, at
least sixty days prior to the expiration of such first or any suc
ceeding year, file in the office of said board a notice in writing
to the effect that he withdraws his election to be subject to the
provisions of the act.
8X6 em'
S ec . 6 . The term “ employee ” as used in section three of this
p oy *
act shall be construed to mean:
(1) Every person in the service of the State, or any county,
city and county, city, town, village or school district therein, and
all public corporations, under any appointment or contract of hire,
express or implied, oral or written, except any official of the State,
or of any county, city and county, city, town, village or school
district therein or any public corporation, who shall have been
elected or appointed for a regular term of one or more years, or
to complete the unexpired portion of any such regular term.
(2 ) Every person in the service of another under any contract
of hire, express or implied, oral or written, including aliens, and
also including minors who are legally permitted to work under
the laws of the State, (who, for the purposes of the next section
of this act, shall be considered the same and shall have the same
power of contracting as adult employees), but not including any
person whose employment is but casual and not in the usual
course of trade, business, profession or occupation of his employer.
Who subject Sec. 7. Any employee as defined in subsection (1) of the preto act.
ceding section shall be subject to the provisions of this act and
of any act amendatory thereof. Any employee as defined in sub
section (2) of the preceding section shall be deemed to have
accepted and shall, within the meaning of section 3 of this act be
subject to the provisions of this act and of any act amendatory
thereof, if, at the time of the accident upon which liability is
claim ed:
(1) The employer charged with such liability is subject to the
provisions of this act, whether the employee has actual notice
thereof or not; and
(2 ) A t the time of entering into his contract of hire, express or
implied, with such employer, such employee shall not have given
to his employer notice in writing that he elects not to be subject
to the provisions of this act, or, in the event that such contract of
hire was made in advance of such employer becoming subject to
the provisions of the act, such employee shall, without giving such
notice, remain in the service of such employer for thirty days
after the employer has filed with said board an election to be
subject to the terms of this act.
CompensaS ec . 8. Where liability for compensation under this act exists
tion*
the same shall be as provided in the following schedule:
LABOR LAW S— CALIFORNIA— ACTS OF 1911,
951
(1) Such medical and surgical treatment, medicines, medical Medical, etc.,
and surgical supplies, crutches and apparatus, as may be reason treatment.
ably required at the time of the injury and thereafter during the
disability, but not exceeding ninety days, to cure and relieve from
the effect of the injury, the same to be provided by the employer,
and in case of his neglect or refusal seasonably to do so, the em
ployer to be liable for the reasonable expense incurred by or on
behalf of the employee in providing the sam e: Provided,, h ow ever ,
That the total liability under this subdivision shall not exceed
the sum of $100.
(2) I f the accident causes disability, an indemnity which shall W e e k l y in
be payable as wages on the eighth day after the injured em demnity.
ployee leaves work as the result of the injury, and weekly there
after, which weekly indemnity shall be as follow s:
(a ) I f the accident causes total disability, sixty-five per cent
of the average weekly earnings during the period of such total
disability: P ro vid ed , That if the disability is such as not only to
render the injured employee entirely incapable of work, but also
so helpless as to require the assistance of a nurse, the weekly
indemnity during the period of such assistance shall be increased
to one hundred per cent of the average weekly earnings.
(b) I f the accident causes partial disability sixty-five per cent
of the weekly loss in wages during the period of such partial
disability.
(c) I f the disability caused by the accident is at times total
and at times partial, the weekly indemnity during the periods of
each such total or partial disability shall be in accordance with
said subsections (a) and (b) respectively.
(d ) Said subsections (a), (b) and (c) shall be subject to the
following lim itations:
Aggregate disability indemnity for a single injury shall not ex
ceed three times the average annual earnings of the employee.
If the period of disability does not last more than one week
from the day the employee leaves work as the result of the acci
dent no indemnity whatever shall be recoverable.
I f the period of disability lasts more than one week from the
day the employee leaves work as the result of the accident, no
indemnity shall be recoverable for the first week of the period of
such disability.
The aggregate disability period shall not, in any event extend
beyond fifteen years from the date of the accident.
(3) The death of the injured employee shall not affect the ob Death.
ligation of the employer under subsections (1) and (2) of this
section, so far as his liability shall have accrued and become pay
able at the time of the death, but the death shall be deemed the
termination of disability, and the employer shall thereupon be
liable for the following death benefits in lieu of any further dis
ability benefits: P ro vid ed , That such death was approximately
caused by the accident causing such disability:
(a ) In case the deceased employee leaves a person or persons Dependents.
wholly dependent upon him for support, the death benefit shall be
a sum sufficient when added to the benefits which shall, at the
time of death, have accrued and become payable under the pro
visions of subsection (2) of this section to make the total com
pensation for the injury and death, (exclusive of the benefit pro
vided for in subsection (1 ), equal to three times his annual aver
age earnings, not less than $1,000 nor more than $5,000, the same
to be payable, unless and until the industrial accident board shall
otherwise direct, in weekly installments corresponding in amount
to the weekly earnings of the employee.
(b ) In case the deceased employee leaves no one wholly de P a r t i a l de
pendent on him for support, but one or more persons partially pendents.
dependent therefor, the death benefit shall be such percentage of
three times such average annual earnings of the employee as the
annual amount devoted by the deceased to the support of the
person or persons so partially dependent upon him for support
bears to such average earnings, the same to be payable, unless
952
B U LLETIN OF TH E BUREAU OF LABOR.
and until the industrial accident board shall otherwise direct, in
weekly installments corresponding to the weekly earnings of the
employee: P ro vid ed , That the total compensation for the injury
and death, (exclusive of the benefit provided for in said subsec
tion (1) shall not exceed three times such average annual
earnings.
Death within
(c) In the event that the accident shall have approximately
fifteen years. caused permanent disability, either total or partial, and the em
ployee shall die within fifteen years after the date of the acci
dent, liability for the death benefits provided for in said sub- '
section (a) and (b) respectively shall exist only where the acci
dent was the approximate cause of death within said period of
fifteen years.
No depend(d) I f the deceased employee leaves no person dependent upon
ents*
him for support, and the accident approximately causes death, the
death benefit shall consist of the reasonable expenses of his burial
not exceeding $100.
B a IJSif gs
Sec*
(* ) The weekly earning[s] referred to in section (8)
computed, now. gliall be one fifty-second of the average annual earnings of the
employee; average annual earnings shall not be taken at less than
than $333.33, nor more than $1,666.66, and between said limits
shall be arrived at as follow s:
(a ) I f the injured employee has worked in such employment,
whether for the same employer or not, during substantially the
whole of the year immediately preceding his injury, his average
annual earnings shall consist of three hundred times the average
daily wage or salary which he has earned as such employee during
the days when so employed.
(b) I f the injured employee has not so worked in such employ
ment during substantially the whole of such immediately preced
ing year, his average annual earnings shall consist of three
hundred times the average daily wages or salary which an em
ployee of the same class working substantially the whole of such
immediately preceding year in the same or a similar employment
in the same or a neighboring place shall have earned during the
days when so employed.
(c) In cases where the foregoing methods of arriving at the
average annual earnings of the injured employee can not reason
ably and fairly be applied, such annual earnings shall be taken
at such sum as having regard to the previous earnings of the
injured employee, and of other employees of the same or most
similar class, working in the same or most similar employment in
the same or neighboring locality, shall reasonably represent the
average earning capacity of the injured employee at the time of
the jury in the employment in which he was working at such time.
Previous dis(d) The fact that an employee has suffered a previous dis
ability.
ability, or received compensation therefor, shall not preclude him
from compensation for a later injury, or for death resulting there
from, but in determining compensation for the later injury, or
death resulting therefrom, his average annual earnings shall be
such sum as will reasonably represent his annual earning capacity
at the time of the later injury, and shall be arrived at according to
the previous provisions of this section.
Loss
in
(2) The weekly loss in wages referred to in section 8, shall
wages.
consist of the difference between the average weekly earnings of
the injured employee, computed according to the provisions of
this section, and the weekly amount which the injured employee,
in the exercise of reasonable diligence, will probably be able to
earn, the same to be fixed as of the time of the accident, but to
be determined in view of the nature and extent of the injury.
Who are de(3) The following shall be conclusively presumed to be solely
pendents.
and wholly dependent for support upon a deceased employee:
(a ) A wife upon a husband.
(b) A husband upon a wife upon whose earnings he is partially
or wholly dependent at the time of her death.
(c) A child or children under the age of eighteen years (or over
said age, but physically or mentally incapacitated from earning),
LABOR LAW S— CALIFORNIA— ACTS OF 1911.
953
upon the parent with whom he or they are living at the time of
the death of such parent, there being no surviving dependent pa
rent. In case there is more than one child thus dependent, the
death benefit shall be divided equally among them. In all other
cases questions of entire or partial dependency shall be deter
mined in accordance with the fact, as the fact may be at the time
of the death of the employee, and in such other cases if there is
more than one person wholly dependent, the death benefit shall be
divided equally among them and persons partially dependent, if
any, shall receive no part thereof, and if there is more than one
person partially dependent, the death benefit shall be divided
among them according to the relative extent of their dependency.
(4)
Questions as to who constitute dependents and the extent of
their dependency shall be determined as of the date of the death
of the employee, and their right to any death benefit shall become
fixed as of such time, irrespective Of any subsequent change in
conditions, and the death benefit shall be directly recoverable by
and payable to the dependent or dependents entitled thereto or
their legal guardians or trustees.
Filing claim.
S ec . 10. No claim to recover compensation under this act shall
be maintained unless within thirty days after the occurrence of
the accident which is claimed to have caused the injury or death,
notice in writing, stating the name and the address of the per
son injured, the time and the place where the accident occurred,
and the nature of the injury, and signed by the person injured or
someone in his behalf, or in case of his death, by a dependent or
someone in his behalf, shall be served upon the employer by de
livering to and leaving with him a copy of such notice or by mail
ing to him by registered mail a copy thereof in a sealed and posted
envelope addressed to him at his last known place of business or
residence. Such mailing shall constitute complete service: P ro
vid ed , h o w e ve r , That any payment of compensation under this
act, in whole or in part, made by the employer before the expira
tion of said thirty days shall be equivalent to the notice herein
required: A n d provided, fu r th e r , That the failure to give any such
notice, or any defect or inaccuracy therein, shall not be a bar to
recovery under this act if it is found as a fact in the proceedings
for collections of the claim that there was no intention to mislead
the employer, and that he was not in fact misled thereby: A n d
provided , fu rth er, That if no such notice is given and no payment
of compensation made, within one year from the date of the acci
dent, the right to compensation therefor shall be wholly barred.
S ec . 11. Wherever in case of injury the right to compensation
Medical ex
under this act would exist in favor of any employee, he shall, upon aminations.
the written request of his employer, submit from time to time to
examination by a regular practicing physician, who shall be pro
vided and paid for by the employer, and shall likewise submit to
examination from time to time by any regular physician selected
by said industrial accident board, or any member or examiner
thereof. The employee shall be entitled to have a physician pro
vided and paid for by himself present at any such examination.
So long as the employee, after such written request of the em
ployer, shall refuse to submit to such examination, or shall in any
way obstruct the same, his right to begin or maintain any proceed
ing for the collection of compensation shall be suspended, and if he
shall refuse to submit to such examination after direction by the
board, or any member or examiner thereof, or shall in any way
obstruct the same, his right to the weekly indemnity which shall
accrue and become payable during the period of such refusal or
obstruction, shall be barred. Any physician who shall make or
be present at any such examination may be required to testify
as to the results thereof.
Sec. 12. Any dispute or controversy concerning compensation Industrial ac
under this act, including any in which the State may be a party, cident board.
shall “be submitted to a board consisting o f three members, which
shall be known as the industrial accident board. Within thirty
954
B U LLETIN OP T H E BUREAU OP LABOR,
days before this act shall take effect, the governor, by and with the
advice and consent of the senate, shall appoint a member who
shall serve two years, and another who shall serve three years,
and another who shall serve four years. Thereafter such three
members shall be appointed and confirmed for terms of four years
each. Vacancies shall be filled in the same manner for the unex
pired term. Each member of the board, before entering upon the
duties of his office, shall take the oath prescribed by the constitu
tion. A majority of the board shall constitute a quorum for the
exercise of any of the powers or authority conferred by this act,
and an award by the majority shall be valid. In case of a va
cancy, the remaining two members of the board shall exercise
all the powers and authority of the board until such vacancy is
filled. Each member of the board shall receive an annual salary
of three thousand six hundred dollars.
Organization,
Sec. 13. The board shall organize by choosing one of its memetc*
bers as chairman. Subject to the provisions of this act, it may
adopt its own rules of procedure and may change the same from
time to time in its discretion. The board, when it shall deem
it necessary to expedite its business, may from time to time em
ploy one or more expert examiners for such length of time as may
be required. It may also appoint a secretary and such clerical
help as it may deem necessary. It shall fix the compensation of
all assistants so appointed.
Office a n d
Sec. 14. The board shall keep its office at the city of San Franexpenses.
cisco, and shall be provided by the secretary of state with a suit
able room or rooms, necessary office furniture, stationery, and
other supplies. The members of the board and its assistants,
shall be entitled to receive from the State their actual and neces
sary expenses while traveling on the business of the board, but
such expenses shall be sworn to by the person who incurred the
same, and be approved by the chairman of the board, before pay
ment is made. A ll salaries and expenses authorized by this act
shall be audited and paid out of the general funds of the State
the same as other general State expenses are audited and paid.
D u t i e s of Sec. 15. Upon the filing with the board by any party in in
board.
terest of an application in writing stating the general nature of
any dispute or controversy concerning compensation under this
act, it shall fix a time for the hearing thereof, which shall not be
more than forty days after the filing of such application. The
board shall cause notice of such hearing to be given to each party
interested by service of such notice on him personally or by
mailing a copy thereof to him at his last known post-office address
at least ten days before such hearing. Such hearing may be ad
journed from time to time in the discretion of the board, and
hearings shall be held at such places as the board shall designate.
Either party shall have the right to be present at any hearing, in
person or by attorney or any other agent, and to present such
testimony as shall be pertinent to the controversy before the
board, but the board may, with or without notice to either party,
cause testimony to be taken, or inspection of the premises where
the injury occurred to be had, or the time books and pay roll of
.the employer to be examined by any member of the board or any
examiner appointed by it, and may from time to time, direct
any employee claiming compensation to be examined by a regular
physician; the testimony so taken, and the results of any such
inspection or examination, to be reported to the board for its
consideration upon final hearing. The board, or any member
thereof, or any examiner appointed thereby shall have power and
authority to issue subpoenas to compel the attendance of witnesses
or parties, and the production of books, papers, or records, and
to administer oaths. Obedience to such subpoenas shall be en
forced by the superior court of any county, or city and county.
Awards.
Sec. 16. After final hearing by said board, it shall make and
file (1) its findings upon all facts involved in the controversy,
and (2) its award, which shall state its determination as to the
rights o f the party.
LABOR LAW S— CALIFORNIA— ACTS OF 1911,
955
S ec . 17. Either party may present a certified copy of the award Docketing,
to the superior court for any county or city and county, where
upon said court shall, without notice, render a judgment in ac
cordance therewith, which judgment, until and unless set aside as
hereinafter provided, shall have the same effect as though duly
rendered in an action duly tried and determined by said court,
and shall, with the like effect, be entered and docketed.
Sec. 18. The findings of fact made by the board acting within Review,
its powers, shall, in the absence of fraud, be conclusive, and the
award, whether judgment has been rendered thereon or not, shall
be subject to review only in the manner and upon the grounds
follow ing: Within thirty days from the date of the award, any
party aggrieved thereby may file with the board an application
iu writing for a review of such award, stating generally the
grounds upon which such review is sought; within thirty days
thereafter the board shall cause all documents and papers on file
in the matter, and a transcript of all testimony which may have
been taken therein, to be transmitted with their findings and
award to the clerk of the superior court of that county or city
and county wherein the accident occurred; such application for
a review may thereupon be brought on for hearing before said
court upon such record by either party on ten days’ notice to the
other, subject, however, to the provisions of law for a change of
the place of trial or the calling of another judge. Upon such
hearing the court may confirm or set aside such award, and any
judgment which may theretofore have been rendered thereon, but
the same shall be set aside only upon the following grounds:
(1) That the board acted without or in excess of its powers.
(2) That the award was procured by fraud.
(3) That the findings of fact by the board do not support the
award.
Sec . 19. Upon the setting aside of any award the court may
Reconsiderarecommit the controversy and remand the record in the case to tion.
the board, for further hearing or proceedings, or it may enter
the proper judgment upon the findings, as the nature of the
case shall demand. An abstract of the judgment entered by the
trial court upon the review of any award shall be made by the
clerk thereof upon the docket entry of any judgment which may
theretofore have been rendered upon such award, and transcripts
of such abstract may thereupon be obtained for like entry upon
the dockets of the courts of other counties, or city and county.
Sec. 20. Any party aggrieved by a judgment entered upon Appeals
the review o f any award, may appeal therefrom within the time court*
and in the manner provided for an appeal from the orders o f the
superior court; but all such appeals shall be placed on the cal
endar of the supreme court and brought to a hearing in the same
manner as criminal causes on such calendar.
to
S ec . 21. No fees shall be charged by the clerk of any court Fees,
for the performance of any official service required by this act,,
except for the docketing of judgments and for certified copies or
transcripts thereof. In proceedings to review an award, costs
as between the parties shall be allowed or not in the discretion
of the court.
Sec. 22. No claim for compensation under this act shall be Assignments,
assignable before payment, but this provision shall not affect the
survival thereof; nor shall any claim for compensation, or com
pensation awarded, adjudged or paid, be subject to be taken for
the debts of the party entitled thereto.
Sec. 23. A claim for compensation for the injury or death of Claims preany employee, or any award or judgment entered thereon, sh allferred*
be entitled to a preference over the other debts of the employer if
and to the same extent as the wages of such employee shall be
so preferred; but this section shall not impair the lien of any
judgment entered upon any award.
S ec . 24. Nothing in this act shall affect the organization of Insurance,
any mutual or other insurance company, or any existing contract
956
BU LLETIN OF TH E BUREAU OF LABOR.
for insurance or employers’ liability, nor the right of the employer
to insure in mutual or other companies, in whole or in part,
against such liability, or against the liability for the compensa
tion provided for by this act, or to provide by mutual or other
insurance, or by arrangement with his employees, or otherwise,
for the payment to such employees, their families, dependents, or
representatives, of sick, accident or death benefits, in addition
to the compensation provided for by this act. But liability for
compensation under this act shall not be reduced or affected by
any insurance, contributions, or other benefit whatsoever due to
or received by the person entitled to such compensation, and the
person so entitled shall, irrespective of any insurance or other
contract, have the right to recover the same directly from the
employer, and in addition thereto, the right to enforce in his own
name, in the manner provided in this act, the liability of any
insurance company, which may, in whole or in part, have insured
the liability for such compensation: P ro vid ed , h o w e v e r , That pay
ment in whole or in part of such compensation by either the
employer or the insurance company, shall, to the extent thereof,
be a bar to recovery against the other of the amount so paid:
A n d provided , fu rth er, That as between the employer and the
insurance company, payment by either directly to the employee,
or to the person entitled to compensation, shall be subject to the
conditions of the insurance contract between them.
Act controls. S ec . 25. Every contract for the insurance of the compensation
herein provided foil, or against liability therefor, shall be deemed
to be made subject to the provisions of this act, and provisions
thereof inconsistent with this act shall be void. No company
shall enter into any such contract of insurance unless such com
pany shall have been approved by the commissioner of insurance,
as provided by law.
Actions in Sec. 26. The making o f a lawful claim against an employer for
tort assigned, compensation under this act for the injury or death of his em
ployee shall operate as an assignment o f any assignable cause
of action in tort which the employee or his personal representa
tive may have against any other party for such injury or death,
and such employer may enforce in his own name the liability o f
such other party.
Forms, etc.
Sec. 27. The board shall cause to be printed and furnished free
of charge to any employer or employee such blank forms as it
shall deem requisite to facilitate or promote the efficient admin
istration o f this act; it shall provide a proper record book in
which shall be entered and indexed the name o f every employer
who shall file a statement o f election under this act, and the date
of the filing thereof, and a separate book in which shall be entered
and indexed the name o f every employer who shall file his with
drawal o f such election, and the date o f the filing thereof; and
a book in which shall be recorded all awards made by the board;
and such other books or records as it shall deem required by the
proper and efficient administration o f this act; all such records
N o t i c e of to be kept in the office of the board. Upon the filing of a stateelection.
ment of election by an employer to become subject to the pro
visions of this act, the board shall forthwith cause notice of the
fact to be given to his employees, by posting and keeping continu
ously posted in a public and conspicuous place such notice thereof
in the office, shop, or place of business of the employer, or by
publishing, or in such other manner as the board shall deem most
effective, and the board shall cause notice to be given in like man
ner of the filing c f any withdrawal of such election; but notwith
standing the failure to give, or the insufficiency of, any such
notice, knowledge of all filed statements of election and with
drawals of election, and of the time of the filing of the same, shall
conclusively be imputed to all employees.
Compromises.
S ec . 28. Nothing in this act contained shall be construed as
impairing the right of parties interested, after the injury or death
o f an employee, to compromise and settle, upon such terms as they
may agree upon, any liability which may be claimed to exist under
LABOB LAW S— CALIFOKNIA— ACTS OF 1911.
957
this act on account of such injury or death, nor as conferring upon
the dependents of any injured employee any interest which he
may not divert by such settlement or for which he or his estate
shall, in the event of such settlement by him, be accountable to
such dependents or any of them.
Sec. 29. The sum of fifty thousand dollars is hereby appropri Expenses.
ated out of any moneys in the State treasury, not otherwise appro
priated, to be used by the industrial accident board in carrying
out the purposes of this act, and the controller is hereby directed
to draw his warrant on the general fund from time to time in
favor of said industrial board for the amounts expended under
its direction, and the treasurer is hereby authorized and directed
to pay the same.
Sec. 30. A ll acts or parts of acts inconsistent with this act are Repeal.
hereby repealed.
Sec. 31. This act shall take effect and be in force on and after Act takes ef
fect when.
the first day of September, A. D. 1911.
Approved April 8, 1911.
C hapter 456.— E m p lo ym en t o f children— G eneral p ro vision s .
[S ection 1.] An act regulating the employment and hours of
labor of children, * * * approved February 20, 1905, is
hereby amended to read as follow s:
Section 1. No minor under the age of eighteen shall be employed Nine - hour
in laboring in any manufacturing, mechanical, or mercantile es- daytablishment, or other place of labor, more than nine hours in one
day, except when it is necessary to make repairs to prevent inter
ruption of the ordinary running of the machinery, or when a
different apportionment of the hours of labor is made for the sole
purpose of making a shorter days’ work for one day of the week,
and in no case shall the hours of labor exceed fifty-four hours in
a week.
Sec. 2. No minor under the age of eighteen years shall be em- Night work,
ployed or permitted to work between the hours of ten o’clock in
the evening and five o’clock in the morning. No child under
fifteen years of age shall be employed in any mercantile institu- Age limit,
tion, office, laundry, manufacturing establishment, workshop, place
of amusement, restaurant, hotel, apartment house, or in the dis
tribution or transmission of merchandise or messages: P ro vid ed , Children of
That the judge of the juvenile court of the county, or city andd®^|ndent par~
county, or in any county or city and county in which there is
no juvenile court, when any judge of the superior court of the
county or city and county in which such child resides shall have
authority to issue a permit to work to any such child over the
age of twelve years, upon a sworn statement being made to him
by the parent of such child that such child is past the age of
twelve years, that the parents or parent of such child are inca
pacitated for labor, through illness, and after investigation by a
probation officer or attendance officer of the city, or city and
county, in which such child resides, or in cities and counties
where there are no probation or attendance officers, then by such
other competent person as the judge may designate for this pur
pose. The permit so issued shall specify the kind of labor and
the time for which it is issued, and shall in no case be issued for
a longer period than shall seem necessary to the judge issuing
such permit. Such permit shall be kept on file by the person,
firm or corporation employing the child therein designated, dur
ing the term of said employment, and shall be given up to such
child upon his quitting such employment. Such certificate shall
be always open to the inspection of the attendance and probation
officers of the city and county, city or county, in which the place
of employment is situated, or the officers of the State bureau of
labor statistics: A n d provided , That the attendance officer of any Enforcement,
county, city and county, or school district in which any place of
employment, in this section named, is situated, shall have the
right and authority, at all times to enter into any such place of
958
BU LLETIN OF T H E BUREAU OF LABOR.
employment for the purpose of investigating violations of the pro
visions of this act, or violations of the provisions of an act entitled
“An act to enforce the educational rights of children and provid
ing penalties for the violation of the act,” approved March 24,
1903, and amended March 20, 1905: P ro vid ed , h o w ever , That if
such attendance or probation officer is denied entrance to such
place of employment, any magistrate may, upon the filing of an
affidavit by such attendance or probation officer setting forth the
fact that he had a good cause to believe that the provisions of
this act, or the act hereinbefore referred to, are being violated
in such place of employment, issue an order directing such at
tendance or probation officer to enter said place of employment
for the purpose of making such investigations: A n d provided,
That any such child over the age of twelve years may be em
ployed at any of the occupations mentioned in this act during the
regular vacation of the public schools of the city, county, or city
and county, in which the place of employment is situated, upon
the production of a permit signed by the principal, vice principal
of the school, or secretary of the board of School trustees or board
of education of the school which such child has attended during
the term next preceding any such vacation. Such permit shall
contain the name and age of the child to whom it is issued, and
the date of the termination of the vacation for which it is issued,
and shall be kept on file by the employer during the period of
employment, and at the termination of such employment shall be
E m p lo y m e n t returned to the child to whom it was issued. No minor who is
during s ch o o l under sixteen years of age shall be employed or permitted to work
time*
at any gainful occupation during the hours that the public schools
of the city, town or school district in which his place of employ
ment is situated are in session, unless he or she can read English
at sight and can write legibly and correctly simple English sen
tences, or unless he or she is a regular attendant for the then
current term at a regularly conducted night school. A certificate
of the principal of such school shall be held to be sufficient evi
dence of such attendance.
Schedule of Sec. 3. Every person, firm or corporation employing minors
work time.
under eighteen years of age, in any manufacturing establishment,
shall post, and keep posted, in a conspicuous place in every room
where such help is employed, a written or printed notice stating
the number of hours per day for each day of the week required
of such persons. Every person, firm, or corporation, agent or
officer of a firm or corporation, employing or permitting minors
under sixteen and over fifteen years of age to work in any mer
cantile institution, office, laundry, manufacturing establishment,
workshop, place of amusement, restaurant, hotel, apartment house,
or in the distribution or transmission of merchandise or messages,
Records.
shall keep a record of the names, ages, and places of residence of
such minors, and shall have on file a certificate of age and school
ing, as provided in this act, for every such minor so employed,
said record and certificate to be open at all times to the inspec
tion of the school attendance and probation officers of the city
and county, city, or county, in which the place of employment is
situated, or of the officers of the State bureau of labor statistics.
Certificates.
An age and schooling certificate shall be approved only by the
superintendent of schools of the city or city and county, or by a
person authorized by him in writing, or where there is no city or
city and county superintendent of schools, by a person authorized
by the local school trustees: P ro vid ed , That the superintendent
or principal of any school of recognized standing shall have the
right to approve an age and schooling certificate, and shall have
the same rights and powers as the superintendent of public schools
to issue the certificate herein provided, for children attending
such schools. The persons authorized to issue age and schooling
certificates shall have the authority to administer the oaths neces
sary for carrying out the provisions of this act, but no fees shall
be charged for issuing such certificates. An age and schooling
certificate shall not be approved unless satisfactory evidence is
959
LABOR LAW S— CALIFORNIA— ACTS OF 1911.
furnished by the last school census, the certificate of birth or
baptism of such child, the public register of birth of such child, or
in some other manner, that such child is of the age stated in
such certificate. A duplicate copy of each age and schooling
certificate granted under the provisions of this act shall be kept
by the person issuing such certificate, such copy to be filed with
the county superintendent of schools in the county where the cer
tificate is issued: P ro vid ed , That all such copies of certificates
issued between June 25th and December 25th of any year shall be
filed not later than December 31st of such year; and those issued
between December 25th and June 25th of the ensuing year shall
be filed not later than June 30th of each year. Such certificates
shall be substantially in the following form, to w it:
AGE AND SCHOOLING CEBTIFICATE.
This certifies that I am the (father, mother, or guardian) of
(name of the child), and that (he or she) was born at (name of
town or city), in the county of (name of county, if known), and
State (or country) of (nam e), on the day (day and year of
birth), and is now (number of years and of months) old.
Signature, as provided in this act.
Town or city, and date.
There personally appeared before me the above-named (name
of person signing) and made oath that the following [foregoing]
certificate by (him or her) signed is true to the best of (his or
her) knowledge and belief.
I hereby approve the foregoing certificate of (name of child),
height (feet and inches), complexion (fair or dark), hair (color),
having no sufficient reason to doubt that (he or she) is of the
age therein certified, and I hereby certify that (he or she) (can
or can not) read English at sight, and (can or can not) write
legibly simple sentences in the English language. There is hereto
attached a written request from the prospective employer of such
child, that an age and schooling certificate be granted to such
child.
Signature of the person authorized to sign, with his official
character and authority.
Form,
Town or city and date.
This certificate belongs to the person in whose behalf it is Certificate to
drawn, and it shall be presented to (him or her) whenever (he or be returned,
she) leaves the services of the person, firm, or corporation hold
ing the same. The certificate as to the birthplace and age of the
minor under sixteen and over fifteen years of age shall be signed
by his father, his mother, or his guardian; if a child has no
father, mother, or guardian living in the same city or town, his
own signature to the certificate may be accepted by the person
Signing,
authorized to approve the same. Every person authorized to sign
the certificate prescribed by this act, who knowingly certifies to
any false statement therein, is guilty of a misdemeanor, and upon
conviction thereof shall be fined not less than five nor more than
fifty dollars, or imprisonment not more than thirty days, or by
both such fine and imprisonment. The county superintendent of
schools of each county shall file with the commissioner of the Report,
bureau of labor statistics a report showing the number of age and
schooling certificates issued to male and female minors, fifteen
years of age, and such other detailed information as the commis
sioner may require. Said report to be filed during the months of
January and July of each year for the preceding six months, end
ing June 25th and December 25th of each year, and cover certifi
cates issued during said periods and on file in the office of the
county superintendent of schools as described in paragraph five of
this section.
960
BULLETIN OF TH E BUREAU OF LABOR*
Sec. 3a. P ro vid ed , h o w ever , That no child having a permit to
work, as prescribed in section two of this act, and no child having
an age and schooling certificate, as described in section three of
this act, and no other child, between the ages of fifteen and six
teen years, who, if between the ages of eight and fifteen years,
would by law be required to attend school, shall, while the public
schools are in session, be and remain idle and unemployed for a
period longer than two weeks, but must enroll and attend school:
P ro vid ed , That within one week after any child having such a
permit to work or such age and schooling certificate shall have
ceased to be employed by any employer, such employer shall, in
writing, giving the latest correct address of such child known to
such employer, notify, in the case of a child having a permit to
work, the judge of the juvenile court in the county of said child’s
residence or the probation officer of such juvenile court, or in the
case of a child having an age and schooling certificate, the county
superintendent of schools of such county, that such child is no
longer employed by such employer; and such judge of the juvenile
court, or such probation officer, or such county superintendent of
schools, shall thereupon immediately notify the attendance officer
having jurisdiction in the place of such child’s residence, giving
the said latest correct address of such child, that such child is
neither at work nor in school: A n d p ro vid ed , fu r th e r , That no
such child shall be permitted to cease school attendance, without
securing a permit to work, or an age and schooling certificate as
provided in this act.
Violations.
Sec. 4. Any person, firm, or corporation, agent, or officer of
a firm or corporation that violates or omits to comply with any of
the foreoging provisions of this act, or that employs or suffers or
permits any minor to be employed in violation thereof, is guilty
of a misdemeanor, and shall, upon conviction thereof, be punished
by a fine of not less than fifty dollars or more than two hundred
dollars, or by imprisonment for not more than sixty days, or by
both such fine and imprisonment, for each and every offense. A
failure to produce any age and schooling certificate or permit or
to post any notice required by this act, shall be prima facie evi
dence of the illegal employment of any person whose age and
schooling certificate or permit is not produced, or whose name is
not so posted. Any fine collected under the provisions of this act
shall be paid into the school funds of the county, or city, or city
and county in which the offense occurred; except such fines im
posed and collected as the result of prosecutions by the officer of
the bureau of labor statistics. In such cases one-half of the re
sultant fine or fines shall be paid into the State treasury and cred
ited to the contingent fund of the bureau of labor statistics, and
one-half paid into the school funds of the county, or city, or city
and county in which the offense occurred.
Exemptions.
Sec. 5. Nothing in this act shall be construed to prohibit the
employment of minors at agricultural, horticultural, or viticultural
or domestic labor during the time the public schools are not in
session, or during other than school hours. Nor shall anything in
this act be construed to prohibit any child between the ages of
fifteen and eighteen years, who is by any statute or statutes of
the State of California, now or hereafter in force, permitted to be
employed as an actor, or actress, or performer, in a theatre, or
other place of amusement, previous to the hour of ten o’clock
p. m., in the presentation of a performance, play or drama, con
tinuing from an earlier hour till after the hour of ten o’clock p. m.,
from performing his or her part in such presentation as such
employee between the hours of ten and twelve o’clock p. m.
Enforcement, gee. 6. It shall be the duty of the bureau of labor statistics to
enforce the provisions of this act. The commissioner, his deputies,
and agents, shall have all powers and authority of sheriffs to
make arrests for violations of the provisions of this act
Approved April 14,1911.
Unemployed
liidren.
LABOR LAW S— CALIFORNIA— ACTS OF 1911,
961
C h a p t e r 482.— E m p lo ym en t o f children— School attendance .
S ectio n 1. Section one of “An act to enforce the educational
rights of children and providing penalties for violation of the
act,” approved March 24, 1903, and as amended by act approved
March 20, 1905, is hereby amended so as to read as follow s:
Sectioh 1. Unless excused, as hereinafter provided, each parent, Attendance
guardian, or other person, in the State of California, having con- required,
trol or charge of any child between the ages of eight and fifteen
years, shall be required to send such child to a public school, dur
ing the time in which a public school shall be in session, in the
city or city and county or school district in which said child
resides: P ro vid ed , That should it be shown to the satisfaction of
the board of education of the city or city and county, or of the Exception,
board of trustees of the school district, in which such child re
sides, * * * that any such child between the age of twelve
and fifteen has been given a permit to work by the proper judicial
officers in accordance with section two of “An act regulating the
employment and hours of labor of children, prohibiting the em
ployment of minors under certain ages, prohibiting the employ
ment of certain illiterate minors, providing for the enforcement
hereof by the commissioner of the bureau of labor statistics and
providing penalties for the violation hereof,” approved February
20, 1905 [see ch. 456, Acts of 1911]; then it shall be the duty
of such board of education or board of trustees, upon application
of the parent, or guardian, or other person having control or
charge of such child, to excuse such child from attendance at
school, during the continuance of such * ♦ * condition upon
which such excuse is granted; * * *.
Approved April 21, 1911.
C h a p t e r 484.— H ou rs o f labor o f em p loyees on railroads.
S ectio n 1. It shall hereafter be unlawful for any corporation or
Sixteen-hour
receiver operating any line of railroad in whole or in part in th isdfty*
State, or any officer, agent or representative of such corporation
to require or knowingly permit any conductor, engineer, fireman,
brakeman, train dispatcher or telegraph operator to be or remain
on duty for a longer period than sixteen consecutive hours, and
whenever any such employee shall have been continuously on duty
for sixteen hours he shall be relieved and not required or per
mitted again to go on duty until he has had at least eight consecu
tive hours off duty.
S ec . 2. It shall hereafter be unlawful for any corporation or
Eight hours
receiver operating any line of railroad in whole or in part in this off ^uty*
State, or any officer, agent, or representative of such company or
receiver to require or knowingly permit any conductor, engineer,
fireman, brakeman, train dispatcher or telegraph operator, who
has been on duty for sixteen consecutive hours and who has gone
off duty, to again go on duty or perform any work for such re
ceiver or corporation until he has had at least eight hours off duty.
Sec. 3. Any corporation or receiver operating a line of railroad Violations,
in whole or in part within this State, who shall violate any of the
provisions of this act shall be liable to the State of California in
a penalty of not less than two hundred dollars nor more than one
thousand dollars for each offense, and such penalties shall be re
covered and suit therefor shall be brought in the name of the
State of California in any court having jurisdiction of the amount
in any county into or through which said railroad may pass.
Such suit or suits may be brought either by the attorney general
of the State or under his direction by the district attorney of
any county or city and county in the State of California into or
through which said railroad may pass.
Sec. 4. Any officer, agent or representative of any corporation officers, etc.,
or receiver operating any line of railroad in whole or in part violating law.
within this State, who shall violate any of the provisions of this
962
B U LLETIN OP TH E BUREAU OP LABOR.
act shall be deemed guilty of a misdemeanor, and upon convic
tion therefor shall be punished by a fine of not less than one
hundred dollars nor more than five hundred dollars for each
offense, or by confinement in the county jail for not less than ten
nor more than sixty days, or by both fine and imprisonment,
and such person so offending may be prosecuted under this section,
either in the county where such person may be at the time of
commission of the offense, or in any county where such employee
has been permitted or required to work in violation of this act.
Exceptions.
S ec . 5. P ro vid ed , That the provisions of this act shall not apply
in any case of casualty or unavoidable accident or the act of
God; nor where the delay was the result of a cause not known
to the carrier or its officer or agent in charge of such employee at
the time said employee left a terminal, and which could not have
been foreseen: P ro vid ed , fu r th e r , That the provisions of this act
shall not apply to the crews of wrecking or relief trains.
Approved April 21, 1911.
C h a p t e r 485.— Occupational diseases — R e p o r ts .
Physicians to
S ec tio n 1. Every medical practitioner attending on or called in
wort.
to visit a patient whom he believes to be suffering from lead, phos
phorus, arsenic or mercury or their compounds, or from anthrax,
or from compressed-air illness, contracted as a result of the nature
of the patient’s employment, shall send to the State board of
health a notice stating the name and full postal address and
place of employment of the patient and the disease from which, in
the opinion of the medical practitioner, the patient is suffering,
and shall be entitled in respect of every bona fide notice sent in
pursuance of this section to a fee of fifty cents, to be paid as part
of the expense incurred by the State board of health in the execu
tion of this act.
Violations.
S ec . 2. I f any medical practitioner, when required by this act
to send a notice, willfully fails forthwith to send the same, as
provided by this act, he shall be guilty of a misdemeanor, and
upon conviction of the same shall be fined not more than ten
dollars.
Enforcement.
S ec . 3. It shall be the duty of the State board of health to en
force the provisions of this act, and it may call upon local boards
of health and health officers for assistance and it shall be the duty
of all boards and officers so called upon for such assistance to
render the same. It shall furthermore be the duty of said State
board of health to transmit such data to the commissioner of the
bureau of labor statistics.
Approved April 21, 1911.
C h a p t e r 500.— C onstruction
o f electric su b w a y s , m a nholes , etc.
S ec tio n 1. No commission, officer, agent, or employee of the
State of California or of any city and county or city or county or
other political subdivision thereof, and no other person, firm or
corporation, shall build or rebuild or cause to be built or rebuilt
within the State of California:
Dim ensions
(a )
Any subway, manhole, chamber, or underground room used
o f s u b w a y s , or to be used to contain, incase, cover or conduct any wire, cable,
etc.
or appliance, to conduct, carry or handle electricity, unless such
subway, manhole, chamber or underground room shall have an
inside measurement of not less than four (4 ) feet at the maximum
points between the side walls thereof, and between the end walls
thereof, and not less than five (5) feet at all points between the
floor thereof, and the top or ceiling thereof, or if circular in shape,
at least four (4 ) feet diameter inside measurement, and not less
than five (5) feet at all points between the floor and ceiling
Proviso.
thereof: P ro vid ed , h o w ever , That this paragraph shall not be
held to apply to any such subway, manhole, chamber or under
ground room, within which it is not intended or required that any
Acts
den.
forbid
LABOR LAW S— CALIFORNIA— ACTS OF 1911.
963
human being perform work or labor or be employed: F u r th e r pro
vid ed , That the provisions of this paragraph (a ) shall not be held
to apply where satisfactory proof shall be submitted to the proper
authorities, that it is impracticable or physically impossible to
comply with this law within the space or location so designated
by the proper muncipal authorities.
(b) In any subway, manhole, chamber or underground room
used or to be used to contain, incase, cover or conduct any wire,
Manholes,
cable or appliance to conduct, carry or handle electricity, any
opening to outer air which is less than twenty-six (26) inches
if circular in shape, or less than twenty-four (24) inches by
twenty-six (26) inches clear measurement if rectangular in shape.
(c) In any subway, manhole, chamber or underground room, Proximity to
used or to be used to contain, incase, cover or conduct any w ire,car tracks,
cable or appliance to conduct, carry, or handle electricity, any
opening which is at the surface of the ground, within the distance
of three (3) feet at any point from any rail or any railway or
street-car track: P ro vid ed , That the provisions of this paragraph
(c) shall not be held to apply where satisfactory proof shall be
submitted to the proper authorities that it is impracticable or
physically impossible to comply with this law within the space
or location so designated by the proper municipal authorities.
(d) Any subway, manhole, chamber or underground room, Floors,
used or to be used to contain, incase, cover or conduct any wire,
cable, or appliance to conduct, carry, or handle electricity, unless
the floor of such subway, manhole, chamber or underground room
is made of stone, concrete, brick, or other similar material not
subject to decomposition: P ro vid ed , That this paragraph (d ) shall
not be held to apply to any such subway, manhole, chamber or
underground room within which it is not intended or required that
any human being perform work or labor or be employed.
(e) Or maintain any subway, manhole, chamber or under- Drainage,
ground room, used, or to be used, to contain, incase, cover or con
duct any wire, cable or appliance tb conduct, carry or handle
electricity, unless such subway, manhole, chamber or underground
room is kept at all times in a sanitalry condition, and free from
stagnant water, or seepage, or other drainage, or any offensive
matter dangerous to health, either by sewer connection or other
w ise: P rovid ed , That this paragraph (e) shall not be held to
apply to any such subway, manhole, chamber or underground
room, within which it is not intended or required that any human
being perform work or labor or be employed.
Sec. 2. Any violation o f any provision o f this act shall be
deemed a misdemeanor, and shall be punishable upon conviction
by a fine not exceeding five hundred (500) dollars, or by impris
onment in a county jail not exceeding six (6) months, or by both
such fine and imprisonment
Sec 3. None of the provisions of subdivisions a, b, c, and d, of
Violations,
Construction
section one of this act shall be so construed as to be retroactive of statuteor apply to works already constructed, and all acts or parts of
acts which are in conflict with this act are hereby repealed.
Approved April 22, 1911.
C h a p t e r 590.— P ro tectio n o f em p lo yees on buildings.
S ection 1. Any building more than two stories high in the Flooring to
course of construction shall have the joists, beams or girders of
laideach and every floor below the floor or level where any work is
being done, or about to be done, covered with flooring laid close
together, or with such other suitable material to protect workmen
engaged in such building from falling through joists or girders,
and from falling planks, bricks, rivets, tools, or any other sub
stance whereby life and limb are endangered.
Sec. 2. Such flooring shall not be removed until the same is Removal,
replaced by the permanent flooring in such building.
Sec. 3. It shall be the duty of the general contractor having Contractors
charge of the erection of such building to provide for the flooring duty.
964
B U LLETIN OF TH E BUREAU OF LABOR,
as herein required, or to make such arrangements as may be
necessary with subcontractors in order that the provisions of this
act may be carried out.
Owner’s duty. S ec . 4. It shall be the duty of the owner or the agent of the
owner of such building to see that the general contractor or
subcontractors carry out the provisions of this act.
Same.
S ec . 5. Should the general contractor- or subcontractors of such
building fail to provide for the flooring of such building, as herein
provided, then it shall be the duty of the owner or the agent of
the owner of such building to see that the provisions of this act
are carried out.
Misdemeanor.
Sec. 6. Failure upon the part of the owner, agent of the owner,
general contractor, or subcontractors to comply with the provi
sions of this act shall be deemed a misdemeanor and shall be
punishable as such.
Approved April 26, 1911.
C h a p t er 634.— B u rea u o f labor— D e p u ty com m ission ers .
S ection 1. Section nine of an act entitled, “An act to estab
lish and support a bureau of labor statistics,” approved March 3,
1883, is hereby amended to read as follow s:
Appointees in
Section 9. The commissioner shall appoint two deputies, who
bureau.
shall have the same power as said commissioner, one of whom
shall reside in the city and county of San Francisco and the
other in the city of Los Angeles; one assistant deputy, who shall
reside in the county of Los Angeles; a statistician; a stenographer,
and such agents or assistants, as he may from time to time
require, * * *.
Approved April 28, 1911.
C h a p t e r 663.— P a ym en t o f w a g es due em p loyees at term ination
o f contract— M o n th ly p a y da y .
W ages im- S ection 1. Whenever an employer discharges an employee, the
mediately pay-wages earned and unpaid at the time of such discharge shall be
come due and payable immediately. When any such employee not
having a contract for a definite period quits or resigns his em
ployment the wages earned and unpaid at the time of such quit
ting or resignation shall become due and payable five days there
after.
Monthly pay
S ec . 2. A ll wages other than those mentioned in section one of
day*
this act earned by any person during any one month shall be
come due and payable at least once in each month and no person,
firm or corporation for whom such labor has been performed, shall
withhold from any such employee any wages so earned or un
paid for a longer period than fifteen days after such wages be
come due and payable: P ro vid ed , h o w ever , That nothing herein
shall in any way limit or interfere with the right of any such
employee to accept from any such person, firm or corporation
wages earned and unpaid for a shorter period than one month.
Violations.
Sec. 3. Any person, firm or corporation 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 punished by a fine not to exceed
five hundred dollars.
M u n icip al!Sec. 4. None o f the provisions o f this act shall apply to any
ties*
county, city and county, incorporated city or town, or other munici
pal corporation.
Approved May 1, 1911.
C h a p t e r 688.— Children engaged im trade— N ight w o r k .
Night work S ection 1. It shall be unlawful for any minor under the age
prohibited.
of eighteen years to vend and sell goods, engage in, or conduct
any business between the hours of ten o’clock in the evening and
five o’clock in the morning.
LABOR LAW S— CALIFORNIA— ACTS OF 1911,
S ec . 2. Any person violating any of the provisions of this act
shall be guilty of a misdemeanor and shall, upon conviction
thereof, be punished by a fine of not more than twenty dollars,
or by imprisonment for not more than ten days, or by both such
fine and imprisonment for each offense.
Approved May 1, 1911.
965
Violations.
RESOLUTIONS.
C hapter
66.—
C om pensation fo r in ju ries to
m en t to constitu tion .
em p loyees — A m en d -
The legislature of the State of California * * * hereby
proposes to the qualified electors of the State of California, the
following amendment to the constitution of the State of Cali
fornia :
Article X X is hereby amended by adding a new section to be
numbered section 21 and to read as follow s:
Section 21. The legislature may by appropriate legislation Compulsory
compensation.
create and enforce a liability on the part of all employers to
compensate their employees for any injury incurred by the said
employees in the course of their employment irrespective of the
fault of either party. The legislature may provide for the settle
ment of any disputes arising under the legislation contemplated
by this section, by arbitration, or by an industrial accident board,
by the courts, or by either any or all of these agencies, anything
in this constitution to the contrary notwithstanding.
Filed with the secretary of state March 28, 1911.
COLORADO.
ACTS OF 1910— EXTRAORDINARY SESSION.
C h a p t er 5.— R a ilroad com m ission— A ccid en ts on railroads •
[Section 26 of this chapter is a reenactment, in identical lan
guage, of section 27 of chapter 208, Acts of 1907.]
ACTS OF 1911.
C h a p t e r 5.— P rotection o f em p loyees as m em bers o f labor organi
zations.
S ection 1. It shall be unlawful for any corporation, company, Restraining
partnership, association, individual or any employer of labor to employees from
membership in
demand as a condition of employment, or as a condition of con unions!
tinuing any employment, any contract, agreement or reservation,
evidenced by writing or otherwise, or by conditions reserved in
any contract, that the person or persons so employed shall sever
any present connection with or shall refrain from joining any
lawful organization or society, or under any pretense whatever
to prohibit, limit or restrain such employee from exercising his
social, financial, fraternal or business rights in connection with
or through any lawful organization or society, during his em
ployment by any employer.
Sec. 2. Any such contract, agreement or reservation or condi
tion reserved shall be prima facie evidence o f the violation of
this act.
Evidence.
Sec. 3. Any corporation, company, partnership, association, in
dividual or any employer of labor, which or who shall violate
any provision of this act, shall be demed guilty of a misdemeanor,
and as to any corporation such guilt shall extend to all the
officers, directors or trustees thereof and any agent or authority
by which such corporation acts, as individuals, and as to any
partnership or company, all persons composing the same as in
dividuals, and as to any person the person and his agent shall be
Violations.
25202°— Bull. 97— 12------7
966
B U LLETIN OF TH E BUREAU OF LABOR.
guilty as individuals, and upon conviction of any person or per
sons under the provisions of this act, such person or persons
shall be punished by a fine of not less than fifty dollars, nor more
than five hundred dollars for each and every repetition of such
offense or by imprisonment of not less than ninety days nor more
than six months in the county jail for the county in which such
offense was committed, or by both such fine and imprisonment
in the discretion of the court.
Approved March 27, 1911.
C h a p t e r 86.— In sp ecto rs o f ste a m boilers .
Deputies.
[This chapter amends section 6309 of the Revised Statutes
(sec. 4192, A. S.) by authorizing the governor to appoint 3 depu
ties as well as a chief boiler inspector. Deputies must have had
5 years’ experience and are paid $1,800 annual salary.]
Approved May 28, 1911.
C h a p t e r 91.— B u rea u o f m in es .
[This chapter amends section 4261 of the Revised Statutes
(sec. 3206a, A . S.) by striking out the words “ and scientific” in
the phrase, “ practical and scientific knowledge,” giving prere
quisites for appointment. It also adds the words “ or other
causes” to the list of grounds on which the commission may be
removed by the governor.
Sections 4262 (sec. 3206b, A. S.) and 4270 (sec. 3211, A. S.) are
amended so as to read as follow s:]
Districts.
Section 4262. The State of Colorado shall be divided into four
metalliferous mining districts * * * The commissioner of
mines shall with the consent of the governor appoint one inQ u alifica-sp ector of practical experience in metalliferous mining, for each
tors8 °f inspec" of said districts, w ho shall be a citizen of the United States, a
legal voter of the State of Colorado and who shall have resided
within the district for which he is appointed for a period of at
least one year, who shall have had at least seven years’ practical
experience in mining in the State of Colorado, who shall hold his
office for the term o f two years, whose duty shall be as hereinafter
specified and who shall devote his entire time, within the meaning
of this act, to the discharge of such duties, within his said dis
trict to which his jurisdiction is hereby confined unless ordered
into some other district for special duty, when he shall possess
only such powers as the commissioner of mines or the governor
may confer upon him for such particular case or cases, in which
he is called to act.
Offices.
The inspector of each district shall establish and maintain
within his said district, a branch office of the State bureau of
mines. The commissioner of mines shall appoint a clerk who must
have knowledge of mineralogy and who shall act as assistant
curator for the State mineral collection. Before entering upon the
discharge of their duties, said inspector and clerk shall subscribe
to the oath required by the constitution and each give bond to
the State in the penal sum of ($5,000.00) to be approved by the
governor, conditioned upon the faithful performance of their
duties, respectively, which said bonds together with the bond of
the commissioner of mines shall be deposited with the secretary
of state. He the said commissioner of mines may appoint a sten
ographer, who shall act as assistant clerk and such other com
petent assistants as he may deem necessary for the carrying out
of the provisions of this act: P ro vid ed , Appropriations be made
therefor and shall have power, with the consent of the governor,
to at any time remove the inspectors, clerk, or assistants for in
competency, neglect of duty or abuse of the privileges of his office.
Enforcement. Section 4270. The commissioners and inspectors shall exercise
a sound discretion in the enforcement of this act, and if they shall
find any matter, thing or practice in or connected with any metalQ u a lifie s -
tlons*
LABOR LAW S— COLORADO— ACTS OP 1911.
967
liferous mine or metallurgical plant to be dangerous or defective
so as to in their opinion, threaten or tend to the bodily injury,
of any person, the commissioner or inspector shall give notice in
writing thereof to the owner, agent, manager or lessee of such
mine or plant, stating in such notice the particulars in which he
considers such mine or plant, or any part thereof, or practice to
be dangerous or defective; and he shall order the same to be
remedied. A copy of said order shall be filed and become a part
of the records of the bureau of mines, and said owner, agent,
manager or lessee, shall within thirty days after the reception of
said order, comply with the said order, and shall immediately
notify the commissioner of mines in writing that said order has
been complied with. Any of said notices may be given by reg
istered mail and it shall be presumed that such notice was re
ceived at the expiration of the time it would be received by due
course of mail. The commissioner of mines may extend the time
for compliance with said order upon due cause shown for such
reasonable time, not exceeding ninety days after the expiration
of said thirty days, as in his judgment may be necessary and
proper, having in view the magnitude of work required, which
extension of time shall be made only in writing, which is to be
filed and become a record of the bureau of mines.
In. the event such owner, agent, manager or lessee of such mine Appeals to
or plant shall consider the said order of said commissioner or in- courts.
spector is in excess of the authority of such officer, or shall con
sider the same unreasonable, or shall for any other reason object
to complying with order, said owner, agent, manager or lessee may
institute an action in the district court of the county wherein
said property to which said order relates, or the greater part
thereof is situate, against said commissioner of mines, to enjoin
or restrain said officer maintaining said order, and in any such
action the said court may vacate such order or modify the same
as may be adjudged proper, which said judgment or decree may
be reviewed by the supreme court as in other cases.
Upon the refusal of said owner, agent, manager or lessee to Failure to
report to the commissioner within ten days after said order has report complibeen complied with, that the same has been complied with, saidance*
owner, agent, manager or lessee shall be subject to a fine of not
less than fifty ($50.00) dollars nor more than three hundred
($300.00) dollars for each and every such refusal or failure.
Filed in the office of the secretary of state June 5, A. D. 1911.
C h a p t e r 95.— E m p lo ym en t o f children— G eneral p rovision s .
S ec tio n 1. No child under the age of fourteen years shall be
Age limit,
employed, permitted or suffered to work at any gainable occupa
tion in any theater, concert hall or place of amusement where in
toxicating liquors are sold, or in any mercantile institution, store,
office or hotel, laundry, manufacturing establishment, bowling
alley, passenger or freight elevator, factory or workshop, or as a
messenger or driver therefor, within this State. That no child
under the age of fourteen years shall be employed at any work
performed for wages or other compensation, to whomsoever pay
able, during any portion of any month when the public schools of
the town, township, village or city in which he or she resides, are
in session, nor be employed in any work before the hour of seven
o'clock in the morning, or after the hour of eight o’clock in the
evening: P ro vid ed , That no child shall be allowed to work more
than eight hours in any one day.
The General Assembly of the State of Colorado does hereby de- Employments
clare that all occupations or employments in which children are injurious are
forbidden to engage by the provisions of this act shall be and J
hereby declared to be injurious or dangerous to health, life or
limb. The employments or occupations permitted under this act,
under the sections hereof providing for exemptions shall be con-
968
B U LLETIN OF TH E BUREAU OF LABOR,
sidered injurious or dangerous to health, life or limb, unless it
shall appear from the evidence produced before the authorities
permitted to grant such exemptions that, in their opinion, the in
jury or danger to health, life or limb has been removed: Pro vided, also, That where conditions are such as to justify granting
a permit exempting children from the provisions of this act to
take part in concerts and theatrical performances and where such
permits have been granted the performances of such children shall
be construed to be a part of their training and eductation.
Exceptions.
Nothing in this act shall be construed to prevent the employ
ment of children in any fruit orchard, garden, field or farm : ProPermits.
Tided, That any child under fourteen years of age engaging in
such employment for persons other than their own parents must
first secure a permit from the superintendent of schools in accord
ance with the provisions of section fifteen of this act. The hours
of work during each day, or in any week shall be in compliance
with the provisions of this act as to the hours during any day or
week when children may be employed.
Prohibited
Sec. 2. It shall be unlawful for any person having the care, cusempioyments. ^0(jy or control of any child under the age of sixteen years, or
apparently under the age of sixteen years, to exhibit, use or em
ploy such child as an actor or performer in any concert hall or
room where intoxicating liquors are sold or given away, or in any
variety theater, or for any illegal, obscene, indecent or immoral
purpose, exhibition or practice whatsoever, or for any business,
or in any place, situation or exhibition or vocation injurious to the
morals or health, or dangerous to the life or limb of such child,
or cause, procure or encourage such child to engage therein.
Nothing in this section contained shall apply to or effect the em
ployment or use of any such child as a singer or musician in any
church, school or academy, or the teaching or learning the science
or practice of music, or in the physical development of its body
in any respectable gymnasium or natatorium: P rovid ed , That
any child may be permitted to take part in any concert or any
theatrical exhibition that is being given for profit with the writ
ten consent of the authority provided by this act for the granting
of permits to children for exemptions from the provisions of
this act.
Nothing in this act shall be construed to prevent children
taking part in what are known as amateur entertainments or
theatricals for charity or not for profit in schools, churches, set
tlement houses, or boys’ or girls’ clubs.
Dangerous, S ec . 3. It shall be unlawful for any person, firm, or corpora
t e . , occupa-tion to take, receive, hire or employ any child or children under
on*
sixteen years of age in any underground works or mine, in or
about the surface workings thereof, or in any smelter, coke oven
or to adjust any belt to any machinery, or to operate or assist in
operating circular or band saws, wood shapers, wood jointers,
planers, sandpaper or wood. polishing machinery, emery or pol
ishing wheels used for polishing metal, wood turning or boring
machinery, stamping machines in sheet-metal and tinware manu
facturing, stamping machines in washer and nut factories, operat
ing corrugating rolls, such as are used in roofing factories, nor shall
they be employed in operating any passenger or freight elevators,
steam boiler, steam machinery or other steam generating appa
ratus, or automobiles, wire or iron straightening machinery; nor
shall they operate or assist in operating rolling mill machinery
punches or shears, washing, grinding or mixing mill or calendary
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 dr
poisonous acids are used, and they shall not be employed in any
capacity in the manufacture of paints, colors or white lead; nor
shall they be employed in any capacity whatever in the manuGirls ’
facture of goods for immoral purposes; nor shall females under
the age of sixteen years of age be employed in any capacity what
soever where such employment compels them to remain standing
LABOR LAW S— COLORADO— ACTS OF 1911.
969
constantly. No female child under ten years of age, shall sell
or be permitted or allowed to sell or distribute any newspapers,
periodicals or other publication or any article of merchandise or
to engage in or carry on any other business or occupation in the
streets or allays of any town or city.
S ec . 4. It shall be the duty of every person, firm or corporation, Registers,
agent or manager of any firm or corporation employing minors
over 14 years and under 16 years of age in any mercantile insti
tution, store, office, hotel, laundry, manufacturing establishment,
bowling alley, theatre, concert hall or place of amusement, pas
senger or freight elevator, factory or workshop or as a messenger
or driver therefor, within this State, to keep a register in said
mercantile institution, store, office, hotel, laundry, manufacturing
establishment, bowling alley, theatre, concert hall or place of
amusement, factory or workshop in which said minors shall be
employed or permitted or suffered to work, in which register shall
be recorded the name, age and place of residence of every child
employed or suffered or permitted to work there, or as messenger
or driver therefor, over the age of fourteen and under the age
of 16 years; and it shall be unlawful for any person, firm or
corporation agent or manager of any firm or corporation to hire
or employ, or permit or suffer to work in any mercantile institu
tion, store, office, hotel, laundry, manufacturing establishment,
bowling alley; theatre, concert hall or place of amusement, pas
senger or freight elevator, factory or workshop, or as messenger
or driver therefor, any child under the age of 16 years and over
14 years of age, unless there is first produced and placed on file
in such mercantile institution, store, office, hotel, laundry, manu
facturing establishment, bowling alley, factory or workshop,
theatre, concert hall or place of amusement, an age and school
certificate approved as hereinafter provided.
S ec . 5. Every person, firm or corporation, employing or permit- List to be
ting or suffering to work five or more children under the age of 16 posted,
years and over the age of 14 in any mercantile institution, store,
office, laundry, hotel, manufacturing establishment, factory or
workshop, shall post and keep posted in a conspicuous place in
every room in which such help is employed, or permitted or suf
fered to work, a list containing the name, age and place of resi
dence of every person under the age of 16 years employed, per
mitted or suffered to work in such room.
S ec . 6. No child permitted to be employed under this act shall Certificates,
be employed in any mercantile institution, store, office, hotel,
laundry, manufacturing establishment, bowling alley, theatre, con
cert hall, or place of amusement, passenger or freight elevator,
factory or workship, or as messenger or driver therefor, unless
there is first produced and placed on file in such mercantile insti
tution, store, office, hotel, laundry, manufacturing establishments,
bowling alley, theatre, concert hall or place of amusement, fac
tory or workshop, and accessible to the State factory inspector,
assistant factory inspector or deputy factory inspector, an age
and school certificate as hereinafter prescribed; and unless there
is kept on file and produced on demand of said inspectors of fac
tories a complete and correct list of all the minors under the age
of 16 years so employed who can not read at sight and write
legibly simple sentences, unless such child is attending night
school as hereinafter provided.
S ec . 7. A n age and school certificate shall be approved only issue,
by the superintendent of schools or by a person authorized by him
in writing; or where there is no superintendent of schools, by a
person authorized by the school board: P ro vid ed , That the super
intendent or principal of a parochial school shall have the right
to approve an age and school certificate, and shall have the same
rights and powers as the superintendent of public schools to ad
minister the oaths therein provided for children attending pa
rochial schools: P ro vid ed fu r th e r , That no member of a school
board or other person authorized as aforesaid shall have au-
970
B U LLETIN OP T H E BUREAU OP LABOR.
thority to approve such certificates for any child then in or about
to enter his own establishment, or the employment of a firm or
corporation of which he is a member, officer or employe. The per
son approving these certificates shall have authority to administer
the oath provided herein, but no fee shall be charged therefor.
I t shall be the duty of the school board or local school authorities
to designate a place (connected with their office, when practicable)
where certificates shall be issued and recorded, and to establish
and maintain the necessary records and clerical service for carry
ing out provisions of this act.
Proof of age.
S ec . 8. An age and school certificate shall not be approved un
less satsifactory evidence is furnished by the last school census,
the certificate of birth or baptism of such child, the register of
birth of such child with a town or city clerk, or by the records of
the public or. parochial schools, that such child is of the age
stated in the certificate: P ro vid ed , That in cases arising wherein
the above proof is not obtainable, the parent or guardian of the
child shall make oath before the juvenile or county court or any
officer thereof as to the age of such child, and the court may issue
to such child an age certificate as sworn to.
Form of cerS ec . 9. The age and school certificate of a child under 16 years
tificates.
of age shall not be approved and signed until he presents to the
person authorized to approve and sign the same a school at
tendance certificate, as hereinafter prescribed, duly filled out and
signed. A duplicate of such age and school certificate shall be
filled out and shall be forwarded to the State factory inspectors
office. Any explanatory matter may be printed with such cer
tificate, in the discretion of the school board or superintendent of
schools. The employment and the age and school certificates shall
be separately printed and shall be filled out, signed and held or
surrendered as indicated in the following form s:
SCHOOL CERTIFICATE.
(Name of school.)
(City or town and date.)
This certifies (name of minor) of t h e ------ th grade, can read
and write legibly simple sentences. This also certifies that ac
cording to the records of this school, and in my belief, the said
(name of minor) was bom at (name of city or tow n), in (name
of county), on the (date) and is now (number of years and
months) old.
(Name of parent or guardian )
(Residence.)
(Signature of te a ch er)____ grade.
(Name of principal.)
EVENING SCHOOL ATTENDANCE CERTIFICATE.
(D ate.)
This certifies that (name of minor) is registered in and regu
larly attends______ evening school. This also certifies that accord
ing to the records of my school and in my belief the said (name
of minor) was bom at (name of city or tow n), on the____ day
o f (years), and is now (number of years and months) old.
(Name of parent or guardian.)
(Residence.)
(Signature of teacher.)
(Signature of principal.)
AGE AND SCHOOL CERTIFICATE.
This certifies that I am (father, mother, guardian or custodian)
o f (name of minor), and that (he or she) was born at (name of
town or city), in the (name of county, if known) and State and
county of______ , ______ , on the (day of birth and year of birth)
and is now (number of years and months) old.
(Signature of parent, guardian or custodian.)
(City or town and date.)
LABOR LAW S-----COLORADO— ACTS OF 1911,
971
There personally appeared before me the above named (name of
person signing) and made oath that the foregoing certificate by
(him or her) signed is true to the best of (his or her) knowledge.
I hereby approve the foregoing certificate of (name of child)
height (feet and inches), weight---------- complexion (fair or dark),
hair (color), having no sufficient reason to doubt that (he or she)
is of the age therein certified.
This certificate belongs to (name of child in whose favor it is Mi )w? er of cer"
drawn) and is to be surrendered to (him or her) whenever (he tlflcateor she) leaves the service of the corporation or employer holding
the sam e; but if not claimed by said child within thirty days
from such time it shall be returned to the superintendent of
schools, or where there is no superintendent of schools, to the
school board.
(Signature of person authorized to approve and
sign, with official character authority) (town or city and date).
In the case of a child who cannot read at sight and write Illiterates,
legibly simple sentences the certificate shall continue as follow s:
after the words sentences: “ I hereby certify that (he or she)
is regularly attending the (name df public or parochial evening
school).” This certificate shall continue in force just as long as
the regular attendance of said cl^ild at said evening school is
certified weekly by the teacher ana principal of such school.
In any city or town in which tpere is no public or parochial
evening school, an age and school certificate shall not be approved
for a child under the age of 16 years who can not read at sight
and write legibly simple sentences, the certificate of the princi
pal of a public or parochial school; shall be prima facie evidence
as to the literary or illiteracy of the child.
Sec. 10. No person shall employ any minor over 14 years of Attendance
age and under 16 years, and no parent, guardian or custodian gCh00iJ e n 1n 8
shall permit to be employed any such minor under his control
who can not read at sight and write legibly simple sentences,
while a public evening school is maintained in the town or city
in which such minor resides, unless such minor is a regular at
tendant at such evenng school.
Sec. 11. The State inspector of factories, his assistants or dep- Daty ot in'
uties, shall visit all mercantile institutions, stores, offices, lau n -spectors*
dries, manufacturing establishments, bowling alleys, theatres,
concert halls or places of amusements, factories or workshops,
and all other places where minors are or may be employed in this
State, and ascertain whether any minors are employed contrary
to the provisions of this act. Inspectors of factories may require
that age and school certificates, and all lists of minors employed
in such factories, workshops, mercantile institutions and all other
places where minors are employed as provided for in this act,
shall be produced for their inspection on demand: A n d , provided,
fu rth er, That upon written complaint to the school board or local
school authorities of any city, town, district or municipality, that
any minor (whose name shall be given in such complaint) is em
ployed in any mercantile institution, store, office, laundry, manu
facturing establishment, bowling alley, theatre, concert hall or
place of amusement, passenger or freight elevator, factory or
workshop, or as messenger or driver thereof, contrary to the pro
visions of this act, it shall be the duty of such school board or
local school authority to report the same to the State inspector
of factories.
Sec. 12. No person under the age of 16 years shall be employed Hours of laor suffered or permitted to work at any gainful occupation more
than forty-eight hours in any one week, nor more than eight
hours in any one day; or after the hour o f 8 :0 0 o’clock in the Night work,
evening. Every employer shall post in a conspicuous place in
every room where such minors are employed a printed notice
stating the hours required of 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 other meals begins and ends.
The printed form of such notice shall be furnished by the State
inspector of factories, and the employment of any such minor for
972
B U LLETIN OF TH E BUBEAU OF LABOB.
longer time in any one day so stated shall be deemed a violation
of this section.
Evidence.
Sec. 13. The presence of any person under the age of 16 years
in any manufacturing establishment, factory or workshop shall
constitute prima facie evidence o f his or her employment therein.
S ec . 14. It shall be the special duty of the State factory in
spector to enforce the provisions of this act and to prosecute all
violations of the same before any magistrate or any court of com
petent jurisdiction in this State. It shall be the duty of the
State factory inspector, assistant State factory inspector and
deputy State factory inspectors under the supervision and direction
o f the State factory inspector, and they are hereby authorized and
empowered to visit and inspect, at all reasonable times, and as
often as possible, all places covered by this a ct: P ro vid ed , That
this act shall not be construed to repeal any law of this State
imposing duties or responsibilities upon any other officer or per
son to make inspections or bring prosecutions for the violation of
any school law or any other law of this State for the protection
of children.
Sec. 15. Any child may be exempted from the provisions of this
Exemptions;
concerts, etc.
act concerning the employment of children in any concert or
theatrical exhibition or performance in any place where intoxi
cating liquors are not sold, and between the ages of fourteen and
sixteen, from any other provisions of this act, except the pro
visions of section three (3 ), on the following conditions: Any
such child, its parent or person seeking to employ such child
shall file an application in writing with the city superintendent
o f schools if there be any such city superintendent of schools—
and if not, then with the county superintendent of schools, or any
person deputized by them to receive and act upon such applica
tion, stating his or her age, residence, address, school attendance,
grade, names of parent, parents or guardian, and in detail the
nature of employment sought, the number and character of the
performances, the kind of work required and the name of the
employer, and such facts as may be required to enable such person
to pass intelligently upon such application. W ithin not less than
48 hours of the filing of such application, it shall be the duty of
such officer to hear and determine such application, and if the
same shall be granted, such officer granting the same, shall issue
a written permit to such child, stating therein his reasons for
such permit. I f such application is refused, the child or the
person making the same for the child shall be entitled upon de
mand, within 2 4 hours after such refusal, to be furnished with a
written statement of the reasons of such officer for refusing to
issue such permit. An appeal may be taken from the decision of
such officer so passing upon such application to the county or
juvenile court of the county in which such application is made,
upon such child, its parent or guardian or any person interested
in the protection of such child filing a brief written petition with
the clerk of said court, with a copy of such refusal to grant such
perm it: P ro v id ed , Such appeal is taken within ten days after the
refusal to issue such permit. No fee shall be charged for any
such application or on account of any such appeal. No permit
shall be granted under the provisions of this section to any child
to be employed in any concert or theatrical exhibition or perform
ance unless it shall be made to appear that suitable provisions
have been made by the employer of such child for the protection
of the moral and physical health and the education of such child.
The person passing upon such application or any court before
whom such matter may be brought for final determination, may,
as a condition to granting such permit, make such reasonable
terms and conditions as shall seem necessary and proper for safe
guarding the moral and physical health of such child and giving
it such educational advantages as may seem to be for its best
interests. And it shall be lawful to attach as a condition to any
such permit mentioned in this section a written promise of the
employer of such child to comply with the terms thereof and a
Enforcement.
LABOR LAW S— COLORADO— ACTS OF 1911,
973
bond or undertaking to the people of the State of Colorado in the
penal sum to be fixed by the court, not exceeding two thousand
dollars ($2,000), with one or more sureties may be required by
the court of such employer conditioned that he will faithfully
carry out the terms and conditions upon which such permit may be
granted. Permits or copies certified to as correct by the authori
ties issuing the same granting exemptions from this act for chil
dren to appear in any concert or theatrical performance shall
be kept on file at the box office of concert halls or theatre in which
any such child may appear under such permits. A ll such permits
shall be subject to inspection by the humane society and proba
tion officers and factory inspectors. Any person may apply to
the county juvenile court to have the exemption permitted by
this act revoked by such court by filing with the clerk of the
court a short petition setting up the facts showing that the con
ditions of the permit granting such exemption have been violated,
or that it is not for the best interest of such child to have such
permit or exemption. Whereupon, the court shall issue a sum
mons or notice to such child and to at least one of its parents or
guardian, if there be such parent or guardian in the county, re
quiring them to appear before such court within not less than
forty-eight hours to show cause why the prayer of such petition
should not be granted or such permit or exemption should not
be revoked. During that part of the months of June, July and
August when the public schools are not in regular session, chil
dren over twelve years of age shall be entitled to exemptions
from the provisions of this act, permitted by section fifteen, upon
complying with the conditions and receiving the permit provided
for in said section.
Sec. 16. Whoever, having under his control a child under the
age of 16 years, permits such child to be employed in violation
of the provisions of this act, shall for each offense be fined not
less than five dollars ($5.00) nor more than twenty-five dollars
($25.00), and shall stand committed until such fine and costs are
paid. A failure to produce to the inspector of factories, his
assistant or deputies, any age and school certificates or lists
required by this act, shall constitute a violation of this act, and
the person so failing shall, upon conviction, be fined not less than
five dollars ($5.00) nor more than fifty dollars ($50.00) for each
offense. Every person authorized to sign the certificate pre
scribed by section 7 of this act, who certifies to any materially
false statement therein, shall be guilty of a violation of this act,
and upon conviction be fined not less than five dollars ($5.00) nor
more than one hundred dollars ($100) for each offense, and shall
stand committed until such fine and costs are paid. Any person,
firm or corporation, agent or manager, superintendent or foreman
of any firm or corporation, whether for himself or for such firm or
corporation, or by himself or through subagents or foreman, su
perintendent or manager, who shall violate or fail to comply with
any of the provisions of this act, or shall refuse admittance to
premises, or otherwise obstruct the factory inspector, assistant
factory inspector or deputy factory inspector in the performance
of their duties, as prescribed by this act, shall be deemed guilty
of a misdemeanor, and upon conviction thereof shall be fined not
less than five dollars ($5.00) nor more than one hundred dollars
($100) for each offense, and shall stand committed until such fine
and costs are paid.
It is the intention and purpose of this act to extend personal Who liable.
responsibility to the president and general manager of any cor
poration for violation of this act by any foreman, superintendent
or submanager or subagent.
Sec. 17. Any person, agent, firm or corporation who shall be S econ d of
convicted of a second violation of any provision of this act, shall fenses.
be fined in a sum not less than one hundred dollars ($100), or
more than five hundred dollars ($500) or be imprisoned in the
county jail for not to exceed ninety (90) days or by both such
fine and imprisonment, in the discretion of the court.
974
Construction.
BU LLETIN OF TH E BUREAU OF LABOR.
S ec . 19. This act shall not be construed to repeal any part of
an act to compel the elementary education of children in school
districts of the first and second class, as approved April 12, 1899,
and as amended and approved March 7, 1903, [ . ] * ♦ ♦
Nothing in this act shall be construed to repeal any act or law
of this State concerning the dependency or delinquency of children
or persons causing, encouraging or contributing thereto.
Approved May 30, 1911.
C h a p t e r 113.— L ia b ility o f em p loyers f o r in ju ries to th eir em
p lo y e e s .
Acts of felS ec tio n 1. Every corporation or company which or individual
low servants. wh0 may employ agents, servants or employees, such agents,
servants or employees being in the exercise of due care, shall be
liable to respond in damages for injuries or death sustained by
any such agent, servant or employee resulting from the careless
ness, omission of duty or negligence of such employer, or which
may have resulted from the carelessness, omission of duty or
negligence of any other agent, servant or employee of the said
employer, in the same manner and to the same extent as if the
!arelessness, omission of duty or negligence causing the injury
or death was that of the employer.
causing Udeath* Sec* 2* Whenever the death of a person shall be caused by an
ca
g
a. act
careiessnegg> omission of duty or negligence as provided in
the preceding section, then, and in every such case, the corpora
tion or company which, or individual who, would have been
liable, if death had not ensued, shall be liable to an action for
damages, notwithstanding the death of the party injured, and
in every such case the jury may give such damages as they deem
Damages.
fair an(j j ust, not exceeding the sum of five thousand dollars,
with reference to the necessary injury resulting from such death,
to the party or parties who may be entitled to sue hereunder.
W ho m ay
S ec . 3. Every such action shall in case of death be maintained,
sue*
F irst; by the husband or wife of the deceased, or
Second: I f there be no husband or wife, or if he or she fails
to sue within one year after such death, then by the children of
the deceased or their descendants, or
Third; I f such deceased be a minor or unmarried, without
issue, then by the father or mother, or by both jointly, or
Fourth; I f there be no such person entitled to sue then by
such other next of kin of the deceased as may be dependent upon
deceased for support.
Every such action, in case of death, may be maintained by any
such person entitled to sue, for the use and benefit of the other
or others so entitled to sue, as well as for the plaintiff so suing,
and the verdict of the jury and the judgment of the court shall,
in such case, specify the amount of damages awarded to each such
person, and if any such actions be separately brought, the same
be consolidated with the action so first commenced in the court
that shall have jurisdiction of said actions, when so consolidated.
Limitations.
S ec . 4. A ll actions provided for by this act shall be brought
within two years from the time of the accident causing the injury,
if death does not ensue, or within two years from the time of
death, in case of injury resulting in death. The amount of com
pensation recoverable under this act in case of personal injury
resulting solely from the negligence of a coemployee shall not
exceed the sum of five thousand dollars.
Approved May 27, 1911.
C h a p t e r 132.— In sp ectio n o f fa ctories and w orksh op s .
Department S ectio n 1. There is hereby established a separate and distinct
spectfc>ny
department to be known as the Department of Factory Inspection
of the State of Colorado, which department shall be charged with
the inspection of all factories, mills, workshops, bakeries, laun
dries, stores, hotels, boarding or bunk houses, or any kind of an
LABOR LAW S---- COLORADO-----ACTS OF 1911.
975
establishment wherein laborers are employed or machinery used,
for the purpose of protecting said employees or guests against
damages arising from imperfect or dangerous machinery, or
hazardous and unhealthy occupation and regulating sanitary con
ditions under which guests are protected or laborers are em
ployed by providing individual towels in place of roller towels in
hotel wash rooms, and nine-foot top sheets for beds, which sheets
shall be provided not later than September 1, 1911.
*
*
*
♦
*
Sec. 2. Any person, firm, corporation or association operating a
Guards f o r
factory, mill, workshop, bakery, laundry, store, hotel or any kind dangerous ma
chinery.
of an establishment wherein laborers are employed, or machinery
used shall provide and maintain in use belt shifters or other me
chanical contrivance 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, cogs,
gearings, beltings, shafting, coupling, set screws, line rollers,
conveyors, manglers in laundries, and machinery of other or
similar description, which it is practicable to guard, and which
can be effectively guarded with due regard to the ordinary use of
such machinery and appliances, and the dangers to employees
therefrom, and with which the employees of any such factory,
mill, or workshop are liable to come in contact while in the
performance of their duties; and if any machinery, or any
part thereof, is in a defective condition, and its operation would
be extra hazardous because of such defect, or if any machinery
is not safeguarded as provided in this act, the use thereof is pro
hibited, and a notice to that effect shall be attached thereto by
the employer immediately upon receiving notice of such defect or
lack of safeguard, and such notice shall not be removed until said
defect has been remedied or the machine safeguarded as herein
provided.
Sec. 3. Any person, firm, corporation or association operating a Ventilation.
factory, mill, workshop, bakery, laundry, store, hotel, or any kind
of an establishment wherein laborers are employed, or machinery
used and manual labor is exercised by the way of trade for the
purpose of gain within an enclosed room (private houses in which
the employees live excepted) shall be provided in each workroom
thereof with good sufficient ventilation and kept in a clean and
sanitary state, and shall be so ventilated as to render harmless,
so far as practicable, all gases, vapors, dust or other impurities,
generated in the course of the manufacturing or laboring process
carried on therein; and if any factory, mill, workshop, bakery,
laundry, store, hotel, or any kind of an establishment wherein
laborers are employed or machinery used in any enclosed rooms
thereof by which 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 for the purpose of carrying off or receiving and col
lecting such dust.
Hoistways,
Sec. 4. The openings of all hoistways, hatchways, elevators and
well holes and stairways in factories, mills, workshops, bakeries, etc.
laundries, stores, hotels, or any kind of an establishment wherein
laborers are employed, or machinery used, shall be protected by
good and sufficient trap doors, hatches, fences, gates or other safe
guards, and all due diligence shall be used to keep all such
means of protection closed, except when it is necessary to have
the same opened that the same may be used.
Sec. 5. It shall be the duty of the chief factory inspector, by Inspection.
himself or his duly appointed deputy, to examine as soon as may
be after the passage of this act, and thereafter annually, and
from time to time, all factories, mills, workshops, bakeries, stores,
hotels, or any kind of an establishment wherein laborers are em
ployed or machinery used or appliances therein contained to
976
BU LLETIN OF TH E BUREAU OF LABOR.
which the provisions of this act are applicable, for the purpose of
determining whether they do conform to such provisions, and to
granting or refusing certificates of approval, as hereinafter pro
vided.
N o tic e s by
Sec. 6. Any employee of any person, firm, corporation or asso
employees.
ciation operating a factory, mill, workshop, bakery, laundry, store
hotel or any kind of an establishment wherein laborers are em
ployed or machinery used shall notify his employer of any
defect in, or failure to guard the machinery, appliances, ways,
works or plants, on which or in or about which he is working,
when any such defect or failure to guard shall come to the knowl
edge of any said employee, and if such employer shall fail to
remedy such defect then said employee may complain in writing
to the chief factory inspector of any such alleged defect in or
failure to guard the machinery, appliances, ways, works, and
plants, or any alleged violation by such person, firm, corporation
or association, of any of the provisions of this act, in the ma
chinery and appliances and premises used by such person, firm,
corporation or association and with or about which said employee
is working and upon receiving such complaint it shall be the duty
o f the chief factory inspector, by himself or his deputy, to forth
with make an inspection of the machinery and appliances com
plained of.
Sec. 7. Whenever upon any examination or reexamination of
Certificates
of inspection. any factory, mill, workshop, bakery, laundry, store, hotel, or any
kind of an establishment wherein laborers are employed, or ma
chinery used to which the provisions of this act are applicable,
the property so examined and the machinery and appliances
therein conform in the judgment of said chief factory inspector
to the requirements of this act, he shall thereupon issue to the
owner, lessee or operator of any such storehouse, factory, mill,
workshop, bakery, laundry, hotel, or any kind of an establish
ment wherein laborers are employed or machinery used a certifi
cate to that effect, and such certificate shall be prima facie evi
dence as long as it continues in force of compliance on part of
the person, firm, corporation or association to whom it is issued,
Revocation. with the provisions of this act. Such certificate may be revoked
by said chief factory inspector at any time upon written notice
to the person, firm, corporation or association holding the same
whenever in his opinion after reexamination, condition and cir
cumstances have so changed as to justify the revocation thereof.
Posting.
A copy of said certificate shall be kept posted in a conspicuous
place on every floor of all factories, mills, workshops, bakeries,
laundries, stores, hotels, or any kind of an establishment wherein
laborers are employed or machinery used to which the provisions
of this act are applicable. If, in the judgment of the said chief
Orders.
factory inspector, such factory, mill, workshop, bakery, laundry,
store, hotel, or any kind of an establishment wherein laborers
are employed or machinery is used does not conform to the
requirements of this act he shall forthwith personally or by mail
serve on the person, firm, corporation or association operating or
using such machinery or appliances or occupying such premises a
written statement of the requirements of said chief factory in
spector, before he will issue a certificate as hereinbefore pro
vided fo r; and upon said requirements being complied with
within a period of thirty days after said written statement has
been served as aforesaid the said chief factory inspector shall forth
with issue such certificate; but if the person, firm, or corporation
operating or using said machinery and appliances or occupying
such premises shall consider the requirements of said chief fac
tory inspector unreasonable and impracticable or unnecessarily
expensive, he may within ten days after the requirements of
Appeals.
said chief factory inspector have been served upon him, appeal
therefrom or from any part thereof to three arbitrators to whom
shall be submitted the matters and things in dispute, and their
findings shall be binding upon said applicant and upon the chief
factory inspector. Such appeal shall be in writing, addressed to
LABOR LAW S-----COLORADO-----ACTS OP 1911.
977
the chief factory inspector and shall set forth the objections to
his requirements, or any part thereof, and shall mention the name
of one person who will serve as a representative of said applicant
calling for arbitration. Immediately upon the receipt of such Arbitration,
notice of appeal, it shall be the duty of the chief factory inspector
to appoint a competent person as arbitrator resident in the county
from which such appeal comes, and to notify such person so se
lected, and also the party appealing, stating the cause of the arbi
tration, and the place, date and time of meeting. These two arbi
trators shall select the third within five days and within ten days
thereafter, give a hearing on the matters of said appeal, and the
finding of those arbitrators by a majority vote shall be reported to
the chief factory inspector and to the applicant and shall be
binding upon each. The expense of such arbitration shall be
borne by the party calling for the arbitration; and if said arbi
trators sustain the requirements of said chief factory Inspector
or any part thereof, said applicant shall within thirty days com
ply with the findings of said arbitrators, and thereupon said
chief factory inspector shall issue a cetificate as hereinbefore
provided (in section 5 of this a c t ); but if said arbitrators shall
sustain such appeal or any part thereof, the same shall be bind
ing upon said chief factory inspector and any such person, firm,
corporation or association shall within thirty days after the find
ing of the board of arbitrators, comply with the requirements o f
the chief factory inspector, as amended by said arbitrators, if so
amended as herein provided for, and thereupon said chief factory
[inspector] shall forthwith issue to any such person, firm, corpo
ration or association, his certificate as provided for in section
five of this act: P rovid ed , That in case such arbitrators shall
decide against such chief factory inspector, the cost of such arbi
tration shall be paid out of the funds for such purposes. In case
the chief factory inspector is sustained in part by the arbitrators,
the cost of the arbitration shall be divided equitably, in propor
tion to that decision, the appellant paying such share as the arbi
trators may deem fair, the rest to be paid out of said fund.
Sec. 8. In all factories, mills, workshops, offices, bakeries, Provisions in
laundries, stores, hotels, or any other buildings in which people case of fireare employed at manual or other labor, proper and sufficient
means of escape in case of fire shall be provided by more than
one way of egress, and such means of escape shall at all times be
kept free from any obstruction; in good repair and ready for use;
and at night, or where lights are necessary in the daytime, a red
light shall be provided with the words inscribed thereon “ Fire
escape.” A ll doors leading into or to such factories, workshops,
offices, bakeries, mills, laundries, stores, hotels, or other buildings
in which people are employed at manual or other labor, shall be so
.
constructed as to open outward when practicable, and shall not o u tro rd .°Pen
be locked, bolted or fastened during working hours as to prevent
free egress. Proper and substantial handrails shall be provided Stairways,
on all stairways and in factories, hotels, mills and workshops and
other buildings where people are employed at manual or other
labor. And in all factories, laundries, mills and workshops in
which females are employed the stairs regularly used by them
shall be properly screened at the sides and bottom : A n d he it fu r
th er provided , That hotels, boarding or bunk houses of more than
one story shall have a hemp rope in each room of not less than
three-quarters ( f ) inch in thickness, the same to be firmly at
tached to wall in such manner that it may be thrown out of the
window instantly to allow persons in case of fire, etc., to descend
to the ground. The rope must have a knot tied in it at spaces
of not more than eighteen (18) inches apart; the ropes to be
placed in every room above the second floor: P rovid ed , That any
rope, ladder or device for the protection of guests may be used
upon approval by the chief factory inspector.
Sec. 9. In any factory, mill, workshop, office, bakery, laundry,
Fire escapes,
store, hotel, or other building of three or more stories in height,
978
B U LLETIN OF TH E BUREAU OF LABOR,
[where] proper and sufficient means of escape in case of fire
are not provided as required by preceding section of this act,
the owner or occupant of said building upon notice by the chief
factory inspector or any deputy factory inspector employed in
the bureau of 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 of
such factories, mills, workshops, offices, bakeries, laundries,
stores, hotels, or other buildings, connecting with each floor above
the first; well fastened and secured and of sufficient strength.
Bach of such fire escapes shall have landings or balconies not
less than six feet in length and three in width, guarded by iron
railings not less than three feet in height and embracing at
least two windows at each story, and connecting with the inte
rior by easily accessible and unobstructed openings; and the bal
conies or landings shall be connected by iron stairs not less than
24 inches wide, and the steps to be not less than eight inches
tread, placed at not more than an angle of forty-five degrees
slant, and protected by well secured handrails on both sides, with
a twelve-inch wide drop ladder from the lower platfoi^n reaching
to the ground. Any fire escape so constructed shall be sufficient.
Any other plan for style of fire escape shall be sufficient if ap
proved by the chief factory inspector, but if not so approved the
said chief factory inspector or one of the deputy fatcory [factory]
inspectors may notify the owner, proprietor or lessee of such
factory, mill, workshop, office, bakery, laundry, store, hotel, or
other building in which factory or workshop is conducted, or the
agent or the superintendent, or either of them, in writing, that
any such style of fire escape is not sufficient and he may issue
an order in writing requiring one or more fire escapes as he shall
deem necessary and sufficient to be provided for such factory,
mill, workshop, office, bakery, laundry, store, hotel or other
buildings in which people are employed at manual or other labor
at such location and of such plan and style as shall be specified
In such written order. Within thirty days after the service of
such order the number of fire escapes required in such order for
such factory, mill, workshop, office, bakery, laundry, store, hotel,
or other building, shall be provided therefor, each of which will
be either of the plan and style and in accordance with the speci
fications in said order required or the plan and style in this sec
tion above described and declared sufficient.
The windows and doors of each fire escape shall be located as
far as possible consistent with accessibility from the stairways
and elevators, hatchways or openings, and the ladder thereof
shall extend to the roof.
Ladder* to Stationery [stationary] stairs or ladders shall be provided on
r°°f.
the inside of each such factory, mill, workshop, office, bakery,
laundry, store, hotel or other buildings where people are employed
at manual or other labor from the upper story to the roof as a
means of escape in case of fire.
Water-dos- Sec. 10. Every factory, workshop, office, bakery, laundry, store,
etshotel, or other building in which four or more persons are em
ployed shall be provided within reasonable access with a sufficient
number of water-closets, earth closets or privies, for the reason
able use of the persons therein; and whenever male or female
persons are employed as aforesaid together, water-closets, earth
closets or privies separate and apart shall be provided for the
use of each sex and plainly so designated, and no person shall be
allowed to use such closets or privy assigned to the other sex.
Such closets shall be properly screened and ventilated and at all
times kept in a clean and good sanitary condition.
D ressin g
In factories, laundries, mills, and workshops and in all other
rooms.
places where the labor performed by the operator is of such
character that it becomes desirable or necessary to change the
clothing wholly or in part before leaving the building at the
close of the day’s toil, separate dressing rooms shall be provided
LABOR LAW S— COLORADO— ACTS OB 1911.
979
for women and girls whenever so required by the factory in
spector. It shall be the duty of every occcupant, whether owner
or lesssee of any premises so used as to come within the pro
visions of this act to carry out the same and to make all the
changes and additions necessary therefor. In case such changes
are made upon the order of the chief factory inspector or of a
factory inspector by the lessee of the premises he may at any
time within thirty (30) days after the completion thereof bring
an action before any justice of the peace, county or district court,
having competent jurisdiction against any person having an inter
est in such premises and may recover such portion of the expense
of making such changes and in addition as the court adjudges
should justly and equitably be borne by such defendant.
S ec . 11. In all actions brought to recover damages for personal
damages,
injuries or death caused by reason of the violation of any of the
provisions of this act, it shall be sufficient for the plaintiff to
prove in the first instance, in order to establish the liability of Evidence,
the defendant, that the death or injury complained of resulted
in consequence of the failure of the person owning or operating
the manufacturing establishment where such death, or injury
occurred to provide said establishment with safeguards as required
by this act, or that the failure to provide such safeguards directly
contributed to such death or injury.
Manufacturing establishments, as those words are used in this Definitions,
act, shall mean and include all smelters, oil refineries, cement
works, mills of every kind, machine and repair shops, and in
addition to the foregoing, any other kind or character of manufac
turing establishment, of any nature or description whatsoever,
wherein any natural product or other articles or materials of any
kind, in a raw or unfinished or incomplete state or condition, are
converted into a new or improved or different form.
Wherever the expression occurs in this act in substantially the
following words: “ Every person owning or operating any manu
facturing establishment,” or where language similar to that
is used, the word “ person” in that connection shall be held
and construed to mean any person or persons, partnership, cor
poration, receiver, trust, trustee, or any other person or com
bination of persons, either natural1 or artificial, by whatever
name he or they may be called.
Sec. 12. The chief factory inspector or any employee of th ef Powers of
department of factory inspection shall have power to enter any t o r . y mspec“
factory, mill, workshop, office, bakery, laundry, store, hotel, or
any public or private works where labor is employed or ma
chinery used. Any person, persons, firm, copartnership, corpora
tion, trust, trustee, their agent, or agents, who shall refuse to
allow an inspector or employee of the said department to enter
or who shall violate any of the provisions of this act, shall be
deemed guilty of a misdemeanor, and upon conviction thereof
before any court of competent jurisdiction shall be punished by
a fine of not less than fifty ($50) dollars nor more than one hun
dred ($100) dollars or be imprisoned in the county ja il not to
exceed ninety (90) days for each and every offense.
Approved June 5, 1911.
C h a p t e r 143.— G arnishm ent o f w a g es— M unicipal em p lo yees .
S ec tio n 1. Section * * *
[131, Revised Statutes of 1908]
is hereby amended so as to read as follows :
A ll counties, school districts and municipal corporation [s]
shall be subject to garnishment upon writs of attachment and
execution in the same manner that private corporations and per
sons, are now, or may hereafter be subject to garnishment under
such writs.
It is hereby declared that no provision of this act is contrary
to public policy, and that the provisions of this act are meant to
apply to all salaries, wages, credits, moneys, and all choses in ac
tion, whether the collection of the same might be enforced by any
Wages sub
saraish-
980
B U LLETIN OP TH E BUREAU OF LABOR,
action in court, by a writ of mandamus, or in any manner what
soever.
Approved May 28, 1911.
Chapteb 149.— H o u r s o f labor in m in es , sm e lter s , etc.— E ig h thou r d a y .
injurious em- Section 1. Employment in all underground mines, underground
ployments.
workings, open cut workings, open pit workings, smelters, reduc
tion works, stamp mills, concentrating mills, chlorination processes,
cyanide processes and coke ovens, is hereby declared to be injurious
to health and dangerous to life and limb.
Bight-hour Sec. 2. The period of employment of men working in all under
do*
ground mines, underground workings, open cut workings, open pit
workings, smelters, reduction works, stamp mills, concentrating
mills, chlorination processes, cyanide processes and coke ovens
shall not exceed eight (8) hours within any twenty-four (24)
hours except in cases of emergency where life or property is in
imminent danger.
Violations.
Sec. 3. Any person, persons, body corporate, general manager
or employer who shall violate or cause to be violated any of the
provisions of this act, shall be deemed guilty of a misdemeanor
and upon conviction thereof shall be punished by a fine of not
less than two hundred and fifty dollars ($250) nor more than
five hundred dollars ($500), or by imprisonment in the county
jail not less than ninety (90) days nor more than six (6) months
or by both such fine and imprisonment. Every day’s violation
of the provisions of this act shall constitute a separate offense.
Approved June 2, 1911.
Chapteb 160.— E m p lo y m e n t o f labor— N o tice o f labor disp u tes .
Section 1. It shall be unlawful for any person, persons, company, corporation, society, association or organization of any
kind doing business in this State, by himself, themselves, his, its
or their agents or attorneys, to induce, influence, persuade or en
gage workmen to change from one place to another in this State,
or to bring workmen of any class or calling into this State to
work in any of the departments of labor in this State, through
or by means of false or deceptive representations, false advertising
or false pretenses concerning the kind and character of the work
to be done, or amount and character of the compensation to be
paid for such work, or the sanitary or other conditions of the
Failure to employment, or as to the existence or nonexistence of a strike
give notice of or lockout pending between employer and employee, or failure to
strmes, etc.
state in any advertisement, proposal, or contract for the employ
ment that there is a strike, lockout, or other labor troubles at the
place of the proposed employment, when in fact such strike, lock
out or other labor troubles then actually exist at such place, shall
be deemed as false advertisement and misrepresentation for the
purposes of this act.
Violations.
Sec. 2. Any person or persons, company, corporation, society,
association or organization of any kind doing business in this
State, as well as his, their, or its agent, attorneys, servants or
associates, found guilty of violating Section 1 of this act, or any
part thereof, shall be fined not exceeding $2,000 or confined in the
county jail not exceeding one year, or both, where the defendant
or defendants is or are a natural person or persons.
Hiring armed Sec. 3. Any person or persons who shall hire, aid, abet or assist
guards.
in hiring, through agencies or otherwise, persons to guard with
arms or deadly weapons of any kind other persons or property
in this State, or any person or persons who shall come into this
State armed with deadly weapons of any kind for any such pur
pose, without a permit in writing from the governor of this State,
shall be guilty of a felony, and on conviction thereof shall be
imprisoned in the penitentiary not less than one year nor more
than five years; P ro vid ed , That nothing contained in this act
False
repre-
sentations.
LABOR LAW S— COLORADO— ACTS OP 1911,
shall be construed to interfere with the right of any person,
persons, or company, corporation, society, association or organiza
tion in guarding or protecting their private property or private
interests, as is now provided by law; but this act shall be con
strued only to apply in cases where workmen are brought into
this State, or induced to go from one place to another in this
State, by any false pretenses, false advertising or deceptive repre
sentations, or brought into this State under arms, or removed
from one place to another in this State, under arms.
S ec . 4. Any workman of this State, or any workman of another
R igh t
State who has or shall be influenced, induced or persuaded, to aamasesengage with any persons mentioned in section 1 of this act,
through or by means of any of the things therein prohibited,
each of such workmen shall have a right of action for recovery
of all damages that each such workman has sustained in conse
quence of the false or deceptive representations, false advertis
ing and false pretenses used to induce him to change his place
of employment, against any person or persons, corporations, com
panies or associations, directly or indirectly, causing such dam
ages; and, in addition to all actual damages such workmen may
have sustained, shall be entitled to recover such reasonable at
torney’s fees as the court shall fix, to be taxed as costs in any
judgement recovered.
Approved April 3, 1911.
981
to
C h a p t e r 221.— E m p lo y m e n t o f labor in S ta te tunnel .
S ectio n 6 . * * * Such contract or contracts [by the State
H ow
em tunnel commission for the construction of a railway tunnelfjeprocured to
through James Peak] must provide that any and all persons
v
employed or engaged in work and labor in or about the tunnel or
in connection therewith, except such men as may apply of their
own volition, shall be directly employed through or by means of
the Colorado free employment offices created and established by
the State of Colorado and conducted under its auspices, that
eight hours out of every twenty-four hours shall be and constitute Eight-hour
a day’s work for any and all such persons so employed or en- dfty*
gaged in such work, labor in about or in connection with said
tunnel, and that all miners, muckers, trammers, motormen,
machine men, engineers, linemen, carpenters, timbermen, electri
cians, and all other workmen of any nature, kind or description
shall receive as compensation for each day’s work of eight hours
as above provided not less than the wages paid for similar work
in the Cripple Creek district of the State of Colorado, and in no
event shall any of these employees receive less than three ($3.00)
Wages,
dollars per day, in tunnel bonds, and the contractor shall redeem
them at not less than par.
Such contract or contracts shall also provide that every effort Sanitation,
will be made to provide for the most complete and effective scien
tific sanitation in and about the tunnel and its approaches, and
all buildings, structures, tents, camps or other places where the
persons employed in or about the tunnel live, work, or assemble
for recreation or pleasure and that no opposition will be offered
or obstacle interposed to as frequent inspection as the commis
sioner of mines or the labor commissioner may deem necessary
or desirable of the tunnel and its workings, buildings, dwellings
or other places used by the employees in and about their work
or labor and that they will recognize and consent to the applica
tion of the so-called factory inspection laws to any and all work
and work places, buildings, machinery, appliances and generally
to the entire enterprise from its commencement to its completion.
The further form and terms of said contract with said contractor
or contractors shall be determined by the tunnel commission,
which shall require a good and sufficient bond for the faithful
performance of all contracts.
Filed in the office of secretary of state June 5, A. D. 1911.
25202°—Bull. 97—12----- 8
982
B U LLETIN OP T H E BUREAU OP LABOR,
C hapter
231.— W o rk m e n 's com pen sa tion com m ission.
C°imtediSSi° n S ec tio n 1, Platt Rogers, as a representative of the bar of the
)po n *
State of Colorado; John G. Osgood, as a representative of the em
ployers of labor; Jas. Dalrymple, as a representative of labor,
Harvey E. Garman, a member of the senate, and John F. Pear
son, a member of the house of representatives, be and they are
hereby designated and made a commission, to be known as the
employees’ compensation commission.
Duties.
Sec. 2. It shall be the duty of said commission to make inquiry
into the subject of compensation to employees for injuries re
ceived in the course of their employment, and particularly con
cerning the operation and effect of laws relating to the subject
elsewhere, and to prepare and report to the next general as
sembly, if in their judgment it is wise, a bill for an act to com
pensate employees who are injured, and the families of those
who are killed, by casualties occurring in the course of their
employment.
Expenses.
Sec. 3. Said commission shall serve without pay, but its
expenses, not to exceed one thousand ($1,000.00) dollars, shall
be paid by the State treasurer upon warrants drawn by the
State auditor upon vouchers approved by the State auditing
board.
Approved June 1, 1911.
CONNECTICUT.
ACTS OF 1911.
C hapter
Provisions of
policy.
44.— A ccid en t insurance .
S ec tio n 5. No policy of insurance against loss or damage from
disease or by bodily injury by accident, or both, of the assured
shall be issued or delivered in this State by any corporation
authorized to do business in this State * * * unless it conoftains, in substance, the following provisions: * * * 6. A pro
Change
occupation.
vision that, if the insured is injured or contracts disease after
having changed his occupation to one classified by the corporation
as more hazardous than that stated in the policy, or while he
is doing any act or thing pertaining to any occupation so classi
fied, except ordinary duties about his residence or while engaged
in recreation, the corporation shall pay such proportion of the
indemnities provided in the policy as the premium paid would
have purchased at the rate but within the limits fixed by the
corporation for such more hazardous occupation according to
the corporation’s rates and classification of risks filed with the
insurance commissioner prior to the occurrence of the injury or
the commencement of the disease for which indemnity is
Blanket poll- claim ed: * * * Nothing in this section, however, shall apply
cies.
to or affect any general or blanket policy o f insurance issued
to any municipal corporation or any department thereof, or to
any corporation, copartnership, association, or individual em
ployer, police or fire department, underwriters’ corps, salvage
bureau, or like association or organization, where the officers,
members, or employees, or classes or departments thereof, are
insured against specified diseases or accidental bodily injuries
while exposed to the hazards of the occupation or otherwise, in
consideration of a premium intended to cover the risks of all the
persons insured under such policy; * * *
Approved April 27, 1911.
C h a p t e r 88.— W a g e s as p re fer r ed claim s— I n adm inistration .
Order o f
ment of del
S ec tio n 1. Section 345 of the General Statutes is hereby
amended * * * so that said section as amended shall read
as follow s:
The executor or administrator shall render an account of such
sales to the court of probate, which on the final settlement of the
LABOR LAW S-----CONNECTICUT— ACTS OP 1911.
983
estate shall direct the payment of claims against such estate to be
made in the following order: First, the funeral expenses and the
expenses of settling the estate; second, debts due for the last
sickness of the deceased; third, all lawful taxes and all debts
due to the State and to the United States; fourth, all debts due
to any laborer or mechanic for personal wages for labor performed
by such laborer or mechanic for the deceased within three months
next preceding the decease of such person; fifth, other preferred
claim s; and last, all other debts allowed, in proportion to their
respective amounts.
Approved June 8, 1911.
Chapter 100.— L icen sin g o f "barbers.
Section 1. Any person licensed to! practice the occupation of Barbers from
barber in any State maintaining a board of examiners of barbers other States.
may, upon presenting to the board pf examiners of barbers of
this State satisfactory proof that he jis so licensed in such other
State, and upon payment of a registration fee of one dollar, be
licensed to practice the occupation of barber in this State without
conforming to the requirements of the laws of this State concern
ing the examination of barbers.
Approved June 22, 1911.
Chapter 101.— E m p lo ym en t o f fem a les in saloons .
Section 1. Section two of chapter 265 of the Public Acts of Employment
1907 [prescribing who may be licensed to sell intoxicants] is restricted.
hereby amended by inserting * f * the words a and no
female, unless she be the wife or daughter of the proprietor, shall
be employed in any capacity in any,licensed saloon, except in a
hotel of established good reputation in which the county commis
sioners of the county shall have, in , writing, authorized the em
ployment of females,” * * *
Approved June 22, 1911.
Chapter 119.— E m p lo ym en t o f children— General p rovision s .
Section 1. No child under fourteen years of age shall be em Age limit.
ployed in any mechanical, mercantile, or manufacturing estab
lishment. Every person, whether acting for himself or as agent
for another, who shall employ or authorize or permit to be em
ployed any child in violation of the provisions of this section shall
be fined not more than one hundred dollars.
Sec. 2. No child under sixteen years of age shall be employed Certificates
in any mechanical, mercantile, or manufacturing establishment required.
unless the employer of such child shall have first obtained a cer
tificate, signed by the secretary or an agent of the State board of
education, or by a school supervisor, school superintendent, super
vising principal, or acting school visitor designated by said board,
stating the date of the birth of such child, showing that such
child is over fourteen years of age, and stating that such child is
able to read with facility, to legibly write simple sentences, and
to perform the operations of the fundamental rules of arithmetic
with relation both to whole numbers and to fractions, and does
not appear to be physically unfit for employment. Such certifi
cate shall be in the form prescribed and upon a blank furnished
by the State board of education, and shall be issued in triplicate;
and one copy thereof shall be delivered to the parent or guardian
of such child, one copy shall be delivered to the employer, and
one copy shall be deposited in the office of the State board of edu
cation. Copies of such certificate shall be obtainable from the
State board of education, upon application, at any time. The
copy of such certificate delivered to the parent or guardian of
the child may be accepted by the employer as a temporary cer
tificate, good for one week, after which time it shall be returned
to the parent or guardian o f such child. Every person, whether
984
BU LLETIN OP TH E BUREAU OP LABOR.
Employment acting for himself or as agent for another, who shall employ or
rate.
certifl‘ shall authorize or permit to be employed any child in violation of
the provisions of this section, shall be fined not more than one
hundred dollars. The secretary or the agent of the State board
of education or the school supervisor, school superintendent, super
vising principal, or acting school visitor to whom application shall
be made for a certificate as provided in this section, shall have
power to require all statements of fact offered in support of such
application to be made under oath, and such oath may be ad
ministered by said secretary, or such agent, school supervisor,
school superintendent, supervising principal, or acting school
Medical e x - visitor, and said secretary, or any such agent, school supervisor,
amination.
school superintendent, supervising principal, or acting school
visitor may cause any child to be examined by a reputable phy
sician, for the purpose of aiding him in determining whether such
child is physically fit for employment, and may charge the ex
pense of such physical examination against the State as a part
of his expenses.
Notices
by Sec. 3. Every employer receiving a certificate issued under the
employers.
provisions of this act shall promptly notify the State board of
education, in writing, in the form prescribed and upon a blank
furnished by said board, o f the time o f commencement o f the
employment of any child thereunder and, whenever such employ
ment terminates before such child attains the age of sixteen
years, of the time o f the termination o f such employment. Every
person violating any provision o f this section shall be fined not
more than ten dollars.
Prior regula
Sec. 4. The provisions o f sections two and three o f this act
tions.
shall not apply to employers o f children over fourteen years of
age in cases in which the employment commenced prior to the
date on which this act shall take effect and in which the employer
has also complied with the requirements o f the statutes in force
at the time of the commencement o f such employment.
Files.
S ec . 5. Every employer or other person having control of any
establishment or premises where children under sixteen years of
age are employed who shall neglect to have and keep on file the
certificate described in section two of this act or to show the
same, with a list of the names of such children so employed,
to the secretary or an agent of the State board of education,
when demanded during the usual business hours, shall be fined
not more than one hundred dollars.
Other laws.
S ec . 6 . The provisions of section 470T of the General Statutes
shall be applicable to sections one, two, and three of this act.
Sections 4704, 4705, and 4706 of the General Statutes, chapter
75 of the Public Acts of 1903, chapter 115 of the Public Acts of
3905, and chapter 123 of the Public Acts of 1909 are hereby
repealed.
Approved June 28, 1911.
C h a p t e r 122.— A ctio n s f o r personal in ju r y — N otice.
[This chapter amends section 1130 of the General Statutes,
providing for notice of accident and injury when a suit for
damages is contemplated, by adding thereto the follow ing:]
Defective no- No notice given under the provisions of this section shall be
tlces*
held invalid or insufficient solely by reason of an inaccuracy
in describing the injury or in stating the time, place, or cause
of its occurrence, if it be shown that there was no intention
to mislead, and that such railway or railroad company was not
in fact misled thereby.
Approved June 28, 1911.
C h a p t e r 123.— E m p lo y m e n t o f children— A g e lim it in dangerous
trades.
Employments
S ec tio n 1. No child under sixteen years of age shall be emchiWrennunder Vloyed. or permitted to work in operating or assisting in operatslxteen.
ing any of the following machines: Circular or band saws, wood
LABOR LAW S— CONNECTICUT— ACTS OF 1911.
985
shapers, wood jointers, planers, sandpaper or wood-polishing ma
chinery ; picker machines or machines used in picking wool,
cotton, fur, hair, or any upholstery m aterial; paper-lace machines;
burnishing machines in any tannery or leather manufactory; job
or cylinder printing presses having motor power other than foot;
wood turning or boring machinery; stamping machines used In
sheet metal and tinware manufacturing or in washer or nut fac
tories; machines used in making corrugating rolls; dough brakes
or cracker machinery of any description; wire or iron straighten
ing machinery; rolling mill machinery; power punches or shears;
washing, grinding, or mixing machinery; calendar [calender]
rolls in rubber manufacturing; or laundering machinery.
S ec . 2. No child under sixteen years of age shall be employed
Same,
or permitted to work at adjusting or assisting in adjusting any
belt to any machinery, or oiling or assisting in oiling, wiping, or
cleaning machinery; or, in any capacity, in preparing any compo
sition in which dangerous or poisonous acids are used; or in
soldering; or in the manufacture or packing of paints, dry colors,
or red or white lead; or in the manufacture, packing, or storing
of powder, dynamite, nitroglycerin, compounds, safety fuses in
the raw or unvarnished state, electric fuses for blasting purposes,
or other explosives; or in or about any distillery, brewery, or
other establishment where malt or alcoholic liquors are manu
factured, packed, wrapped, or bottled; and no female under
sixteen years of age shall be employed or permitted to work
in any capacity requiring such female to stand continuously.
S ec . 3. No person under eighteen years of age shall be em- Operating
ployed or permitted to have the care, custody, or management elevators,
of or to operate an elevator, either for freight or passengers,
running at a speed of over two hundred feet per minute. Nothing
in this section shall be construed as repealing section 2614 of the
General Statutes.
S ec . 4. It shall be the duty of the factory inspector to enforce Enforcement,
the provisions of this act, to investigate all complaints of viola
tions thereof, and to report all cases of such violation to the prose
cuting officer having jurisdiction. The factory inspector shall,
on or before the first day of December in each year, make a
report to the governor of the number of such violations found
and the number of prosecutions instituted thereon.
S ec . 5. Every person, whether acting for himself or as agent
Violations,
for another, who shall employ or authorize or permit to be em
ployed any child in violation of any of the provisions of this act
shall be fined not more than one hundred dollars.
Approved June 28, 1911.
C h a p t e r 128.— Public utilities com m ission— R a ilw a y inspection —
A ccid en ts .
S ec tio n 13. The commission shall, so far as is practicable, keep
Inspection,
fully informed as to the condition of the plant, equipment, and
manner of operation of all public service companies, in so far
as the safety o f the public and of the employees of such com
panies may be involved, and may order such reasonable repairs
or alterations in such plant or equipment, or such changes in the
manner of operation, as may be reasonably necessary for public
safety or for the health or safety of said employees.
Sec. 14. Any person or any town, city, or borough may make Complaints
complaint, in writing, to the commission, of any defects in any of defects,
portion of the plant or equipment of any public service company,
or of the manner of operating such plant, by reason of which the
public safety or the health or safety of employees is endangered;
and, if he or it so requests, the name of the complainant shall
not be divulged unless in the opinion of the commission the com
plaint is such that publicity is demanded.
Sec. 15. Upon receipt of such complaint the commission shall i n v e s t i g a fix a time and place for hearing thereon, and shall give d uetion.
notice thereof to all parties in interest, and shall make such
986
BU LLETIN OF TH E BUREAU OF LABOR.
further investigation into the alleged conditions as it shall deem
necessary. If, upon such hearing, the commission shall find the
conditions to be dangerous to public safety or to the safety of
employees, it shall make such order as may be necessary to
remedy the same, and shall furnish a copy of such order to the
complainant, upon request. I f the commission finds that the com
plaint is not justified, it shall so notify the complainant in writ
ing, by registered letter, specifying the reasons for such finding,
and shall file a copy of such notification in the office of the com
mission.
vith "orders110e Sec*
Every public service company shall comply, imme'
* diately, with any order of the commission made in accordance
with the provisions of the preceding section, and any company
failing to comply with any such order shall be fined not more than
one thousand dollars for each offense, and shall be liable in
double damages for any injury or damage resulting to any person
from such failure.
Accidents to Sec. 17. Every public service company shall, in the event of any
be reported,
accident, attended with personal injury or involving public
safety, which was or may have been connected with or due to the
operation of its plant or equipment, or caused by contact with its
wires, notify the commission thereof, by telephone or otherwise,
as soon as may be reasonably possible after the occurrence of such
accident. If said notice be given otherwise than in writing it shall
be confirmed in writing within five days after the occurrence of
such accident Any company failing to comply with the provi
sions of this section shall be fined not more than five hundred
dollars for each offense.
investigaSec. 18. The commission shall examine into the causes of, and
tlons*
the circumstances connected with, all fatal accidents occurring in
the operation of the plant or equipment of any public service com
pany, and such other accidents, whether resulting in personal in
jury or not, as, in its judgment, shall require investigation. The
commission shall make a record of the causes, facts, and circum
stances of each accident, within one month thereafter, and as
a part of said record shall suggest means, if possible, whereby
similar accidents may be avoided in the future. Such record shall
be open to public inspection at the office of the commission and a
copy thereof shall be mailed to the company affected thereby.
Approved July 11, 1911.
Chapter 159.— Occupational d iseases to be rep orted .
Physicians to
report.
Section 1. Every physician shall report, in writing, to the commissioner of the bureau of labor statistics, every case, occurring in
his practice, of poisoning from lead, phosphorus, arsenic, or mer
cury, or their compounds, or of anthrax, or of compressed air ill
ness, contracted, in the opinion of the physician, as the result of the
nature of the patient’s employment. Such report shall be made by
such physician within one week after his recognition of the dis
ease, and shall state the name, post-office address, and place of
employment of the patient, and the disease from which, in the
opinion of the physician, the patient is suffering. For each such
report the physician making the same shall receive a fee of fifty
cents, to be paid by the commissioner of the bureau of labor sta
tistics as a part of the expenses o f his office.
Approved, July 18, 1911.
C hapter 162.— W e e k ly da y o f rest— S u n d a y labor .
One
day
Section 1. Except in cases of emergency, it shall be unlawful
Allowed t0
*or any Person t° require or permit any employee engaged in any
commercial occupation or in the work of any industrial process to
do any work of his occupation on Sunday unless such employee
shall be relieved from work for one full regular working day dur
ing the six days next ensuing.
LABOR LAW S— CONNECTICUT— ACTS OF 1911.
987
Sec. 2. This act shall not be construed as authorizing any work W o r k on
on Sunday not now authorized by law ; nor as applying to farm or Sunaay*
personal service to druggists, watchmen, superintendents or man
agers, janitors, or persons engaged solely in transportation, nor to
the sale or delivery of milk, food, or newspapers, nor to such com
mercial occupations or industrial processes as by their nature are
required to be continuous; nor as prohibiting the doing of neces
sary work of inspection, repair, or care of any manufacturing or
other plant or of any merchandise or stock on Sunday.
Sec. 3. Any person violating any provision of this act shall be Violations,
fined not more than two hundred dollars for each offense.
Approved July 25, 1911.
Chapter 163.— BlacTclistmg.
Section 1. No person or corporation, nor any agent or attorney Lists to be
thereof, nor any association of persons or corporations, shall gPf ationto inmaintain, subscribe to, belong to, or support any bureau or agency p
conducted for the purpose of preserving and furnishing to any
member thereof or to others information descriptive of the char
acter, skill, acts, or affiliations of any person whereby his reputa
tion, standing in a trade, or ability to secure employment may be
affected, unless a complete record of such information shall be
open at all reasonable times to the inspection o f the person to
whom such information relates, or his duly authorized agent or
attorney. A ll items of information pertaining to each person so
described shall be recorded, in reasonably clear and unambiguous
terms, on a single sheet or card, and all records preserved in any
such bureau or agency shall be at all times open to the inspection
of the commissioner of the bureau of labor statistics. The name W h a t li
of the person or corporation, together with the names of the officers must show,
of any such corporation, conducting any such bureau or agency,
the exact business address of such bureau or agency, and the name
of every subscriber thereto or member thereof shall be furnished
promptly to the commissioner of the bureau of labor statistics and
by him recorded and preserved in a convenient form for public
inspection.
Sec. 2. Any person or corporation, or any officer or employee of Violations.
any bureau or agency subject to the provisions of this act, who
shall violate any of said provisions shall be fined not less than
fifty dollars nor more than two hundred dollars for each offense.
Sec. 3. This act shall not apply to religious or charitable insti Scope of law.
tutions maintained solely for humanitarian purposes; nor to agen
cies maintained solely for the purpose o f vending employment
and in which persons seeking such employment duly authorize
the registration of their .names and qualifications; nor to com
panies, agencies, or associations conducted solely for the purpose
o f preserving records and furnishing reports o f financial standing
and personal or business credit; nor to the private records o f
employees kept by any person or corporation to be used in accord
ance with the provisions o f chapter 153 o f the public acts o f 1909.
Approved July 25, 1911.
Chapter 239.— F ir e escapes on fa c to ries , etc.
Section 1. Section 2628 of the General Statutes is hereby
amended * * * so that said section as amended shall read as
follow s:
Every story above the first story of a building used as a * * * E x i t s
workshop, manufactory, or store in which more than ten persons quired*
are employed above the first story, shall be provided with more
than one way of egress, by stairways on the inside or fire escapes
on the outside of such buildings. Said stairways and fire escapes
shall be so constructed, in such number, of such size, and in such
locations as to give, in the opinion of the officer charged with the
enforcement of this act, safe, adequate, and convenient means of
re
988
BU LLETIN OF T H E BUREAU OF LABOR.
exit, in view of the number of persons who may need to use such
stairway or fire escape, shall, at all times be kept free from ob
struction and shall be accessible from each room in every story
above the first story.
Fire escapes.
S ec . 2. Section 2629 of the General Statutes is hereby amended
* * * so that said section as amended shall read as follow s:
I f any building specfied in section 2628, or any workshop,
manufactory, hotel, boarding house, tenement house, or other
building used, in whole or in part, for any of the purposes therein
specified, or in which more than six persons shall be employed
above the third story, shall be more than three stories in height,
it shall be provided with at least one fire escape, of iron or other
incombustible material, on the outside of said building; and i f
such building shall be more than one hundred and fifty feet in
length it shall be provided with one such fire escape for every
one hundred and fifty feet, or fractional part thereof exceeding
fifty feet, and such fire escape shall be conveniently accessible
from each story of said building; and if such building be a tene
ment house the fire escapes shall be directly accessible from each
apartment, without passing through any public hall.
S ec . 8 . Chapter 10 of the Public Acts of 1909 is hereby amended
to read as follow s:
Enforcement.
The factory inspector shall have power to enforce the provisions
of sections 2628 and 2629 of the General Statutes as amended by
this act so far as concerns workshops and manufactories and may
order fire escapes erected thereon whenever deemed by him to be
necessary; and any owner, agent, or lessee neglecting or refusing
to comply with such order shall be subject to the penalties pre
scribed in section 2633 of the general statutes.
Damages for
Sec. 4. In all cases in which any person shall suffer injury or
injuries.
in which the death of any person shall ensue in consequence of
the failure of the owner of any building to provide the same with
fire escapes or stairways, as required by the provisions of this act,
or in consequence of the failure of such owner to comply with
any order of the factory inspector, made in conformity to the
provisions of this act, such owner shall be liable to any person
so injured for damages for such injury; and in case of death
such owner shall be liable in damages for the injury caused by
the death of such person. It shall be no defense to any action for
the recovery of such damages that the person injured, or whose
death ensued as aforesaid, had knowledge that such building was
not provided with fire escapes or stairways as required by the
provisions of this act, or that such person continued to work in or
to occupy such building with such knowledge.
Violations.
S ec . 5. The owner of any building, or in case such owner be non
compos mentis or a minor, the guardian of such owner, or in case
such owner be nonresident, the agent of such owner having charge
of such property, who shall neglect or fail to comply with the
foregoing provisions of this act shall be fined not less than one
hundred dollars nor more than five hundred dollars. In case
there shall be several owners of any building the use of which
shall be continued in violation of the provisions of this act, all
such owners jointly, or any one of them, shall be liable to such
fine.
Approved September 7, 1911.
C h a p t e r 278.— E m p lo y m e n t o f w o m en and children— H o u r s
labor in m ercan tile esta b lish m en ts .
of
S ec tio n 1. Section 2 of chapter 220 of the Public Acts of 1909
is hereby amended to read as follow s:
Fifty - eight No minor under sixteen years of age, and no woman, shall be
hours per week. empi0yed in laboring in any mercantile establishment, other than
manufacturing or mechanical, more than fifty-eight hours in any
Schedules to calendar week. Every employer in such establishment shall post
he posted.
in a conspicuous place, in every room where such persons are em
ployed, a notice, the form of which shall be furnished by the
LABOR LAW S-----CONNECTICUT— ACTS OF 1911.
factory inspector, stating specifically the hours of work required
of such persons on each day of the week, and the employment of
any such person for a longer time in any day than so stated shall
be a violation of this section: P ro vid ed , That in case any employer
in such establishment shall, on or before the first day of January
of any year, give notice to his employees, by notices posted as
hereinbefore provided, that the hours of labor of minors under
sixteen years of age and of women employed by him, as aforesaid,
shall not exceed fifty-five in any calendar week during the months
of June, July, and August of the ensuing year, then said employer
may employ such minors and women not to exceed sixty hours in
any calendar week during said year, except during said months
of June, July, and August: A n d p rovid ed , fa rth er, That any em
ployer in such establishment who shall, during each year, give hot
less than seven holidays with pay, shall be exempt from the pro
visions of this section during the period from the seventeenth to
the twenty-fifth day of December of each year.
Approved September 19, 1911.
989
Provisos,
C h a p t e r 282.— H o u rs o f labor o f m echanics in S ta te in stitu tion s .
S ectio n 1. No person shall, except in case of unavoidable emerEight-hour
gency, be employed as a painter, carpenter, mason, electrician, day.
machinist, engineer, fireman, or plumber, in.the mechanical de
partment of any State institution, for more than eight hours in
any day.
Approved September 20, 1911.
RESOLUTIONS.
S u b s t it u t e for S e n a t e J o in t R e so lu tio n N o. 200— C om m ission
on em ploym en t o f w o m en and children .
S ectio n 1. The governor is hereby authorized to appoint an
Commission
industrial commission consisting of five persons, two of whom authorized,
shall be women, to investigate the conditions of wage-earning
women and minors in this State, whether employed in manufac
turing, mercantile, contracting or public utility establishments,
or in other offices or places of business, or in domestic service,
and to collect information relative to the age, physical condition,
hours of labor, wages, home work, responsibilities, and compe
tition with men, of such women and minors, and the means of pro
moting their material, social, intellectual, and moral prosperity.
S ec . 2. The members of said commission shall serve without
Compensacompensation, but said commission may expend, for clerical assist- tion, etc.
ance and traveling and. other necessary expenses a sum not ex
ceeding five thousand dollars, and the comptroller is hereby
authorized to draw his orders upon the treasurer therefor.
S ec . 3. Said commission shall have power to compel by subPowers,
poena the attendance of witnesses and the production of docu
ments, but no person shall be required to leave the county, in
which he resides, or has his place of business, or is employed.
I f said commission shall investigate any particular manufactur
ing, mercantile, or other establishment, it shall visit such estab
lishment in the course of such investigation and as a part thereof.
S ec . 4. Said commission shall report its findings and recommenBeport.
dations to the general assembly not later than April 1,1913.
Approved June 13, 1911.
Sen at e
J o in t
R e so lu tio n
N o . 248— C om m ission on w ork m en 's
insurance .
S e c tio n 1. The governor is hereby authorized and requested to
Commission
appoint a commission of three persons whose duty it shall be to authorized,
investigate and report to the next session of the general assembly
upon the legality, advisability, and practicability of establishing
990
B U LLETIN OP TH E BUREAU OF LABOR.
a State insurance department, or other form of State insurance,
as a means of providing compensation for workmen and others
injured through accidents occurring in industrial occupations.
Said commission shall further investigate and report as to the
advisability of a compensation act based upon the taxing power
of the State, and such other legislation connected with said sub
ject as shall be practical and wise.
L egislation,
S ec . 2. I f said commission shall recommend such legislation or
etc*
policy it shall include in its report a draft of any act or acts
which it shall deem necessary in order to carry its recommenda
tions into effect, together with an outline of any plan or plans
for the establishment of such a department as it shall deem wise.
C om pen saS ec . 3. Said commission shall serve without compensation, but
tion, etc.
^ shall have power to employ necessary clerical assistance, and
its proper expenses, when audited by the comptroller, shall be
paid by the State.
Approved, August 22,1911.
DELAWARE.
ACTS OF 1911.
C h a p t e b 259.— P a y m e n t o f w a g es due d ecea sed em p loyees.
To whom S ec tio n 1. Hereafter it shall be lawful for any employer in
paid68 may 1)6 tt1*8 State, at any time not less than fifteen days after the death
v
’
of any person in his or its employ, to pay all wages due to such
deceased employee to the wife, children, father, or mother, sister
or brother (preference being given in the order named) of the
deceased employee, without requiring letters of administration
to be issued upon the estate of said deceased employee, where
such wages due do not exceed seventy-five dollars in amount:
P ro v id ed , h ow ever , That if such deceased employee shall not
leave a wife, children, father, mother, sister or brother surviving
him, then it shall be lawful for said employer to pay the wages
due such deceased employee to the creditors, as follow s: Under
taker, physician, boarding-house keeper, and nurse, each his or
her pro rata share of wages, not exceeding seventy-five dollars,
due the deceased, upon affidavit of fact furnished, without letters
of administration being issued.
The payment of such wages shall be a full discharge and re
lease to the employer from the wages so due and paid.
Approved March 28, A. D. 1911.
C h a p te r 272.— P ro tectio n o f e m p lo yees on electric ra ilw a ys .
Platforms to
S ectio n 1. Every corporation operating a street surface railway in this State shall cause the front and. rear platforms of
every car propelled by electricity, cable or compressed air, during
the months of November, December, January, February, March
and April, except cars attached to the rear of other cars, to be
enclosed from the front and at least one side of the platform to
the hood, so as to afford protection to any person stationed by
such corporation on such platforms to perform duties in connec
tion with the operation of such cars. Platforms of cars on such
street surface railways used outside the limits of a city or town
shall be completely enclosed from platform to hood.
Violations.
S ec . 2. Every corporation using and operating a car in violation
of this act shall be deemed guilty of a misdemeanor, and upon
conviction thereof in the court of general sessions of this State,
shall pay a fine of twenty-five dollars per day for each car so
used and operated contrary to the provisions of this act.
T i m e fo r
S ec . 3. A ll new cars which may be installed by any street railcompliance.
way after the passage of this act shall be equipped according to
the provisions of section 1 of this act. A t least fifty per centum
of the cars at present used by any street railway shall be
be enclosed.
LABOR LAW S— DELAWARE— ACTS OF 1911.
991
equipped according to the provisions of section 1 of this act on
or before January 1, 1912; and the remaining fifty per centum
of said cars at present in use shall be equipped in accordance
with the provisions of section 1 of this act on or before January
1, 1913.
Approved April 4, A. D. 1911.
JOINT RESOLUTIONS.
Chapter 284.— C om m ission on child labor law s .
A commission of five citizens of the State of Delaware, to be Commission
appointed by the judges of the superior court of the State of pointed? a P
Delaware, [shall] be hereby authorized and created, for the purpose of investigating the laws in relation to the employment of
child labor and of preparing such law or laws in relation to child
labor and the employment of children or minors in this State as
the said commission may deem necessary and advisable. Said
commission shall report to the next session of the general
assembly.
The members of said commission shall serve without compen
sation.
Approved April 13, 1910.
Chapter 285.— C om m ission on em p loyers’ liability .
Section 1. There shall be appointed, in the manner herein Commission
after provided, a commission consisting of six persons, whose authorized.
duty it shall be to make inquiry, examination and investigation Duties.
into the law of this State, and into the laws of other States, and
countries, relative to the liability of employers to employees for
industrial accidents. Such commission shall submit a report to Report.
the general assembly of 1913, and shall present at such time
recommendations for such legislation as the commission may
find necessary, proper and advisable.
The members of such commission shall serve without compensa
tion, but each member shall be entitled to his actual and neeessary
expenses incurred in the performance of his duties as a member
of such commission.
The appointments of the commissioners shall be made within Appointment.
thirty days after the approval of this resolution, as follow s: Two
of said commissioners shall be appointed by the governor, two by
the president pro tempore of the senate and two by the speaker
of the house of representatives.
The commission shall organize as soon as possible by the elec
tion of a president and secretary.
The commission shall have power to employ such clerical and
other assistance as it shall deem necessary.
Sec. 2. The sum of one thousand dollars, or such part thereof Expenses.
as may be necessary, is hereby appropriated out of moneys in the
State treasury, not otherwise appropriated, to defray the expenses
of the commission, such sum to be paid out by the State treasurer
upon warrants signed by the president and secretary of the
commission.
Approved April 13, A. D. 1911.
FLORIDA.
ACTS OF 1911.
C hapter 6234.— Railroads— H ea d ligh ts on locom otives .
Section 1. On and after October 1st, 1911, all railroad loco- Candlepower
motives operated in this State in the service of drawing passen-required*
ger or freight trains shall be equipped with a first class headlight
of not less than two thousand and five hundred eandlepower which
992
BU LLETIN OP TH E BUREAU OF LABOR.
headlight shall be kept in good condition and used by those oper
ating such railroad locomotives. That any person, firm or cor
poration who shall fail to so equip their or its locomotives used in
drawing passenger or freight trains, as herein required, or shall
operate and use a locomotive in drawing passenger or freight
trains not equipped with a headlight as required by this act; shall
be guilty of a misdemeanor and shall upon trial and conviction
be fined not more than one thousand dollars or imprisoned not
exceeding twelve months.
Approved May 23, 1911.
GEORGIA.
ACTS OF 1910.
E m p lo y m e n t o f children— M esse n g er service.
(Page 117.)
Night work.
Violations.
S ec tio n 1. No minor under 16 years of age shall be employed in
the delivery of messages by any concern or person engaged in the
messenger service business, or in the general work of the mes
senger service between the hours of nine p. m. and six a. m.
S ec . 2. Any person, firm, or corporation, violating the provisions
of this act, or any of them, shall be deemed guilty of a misde
meanor, and upon conviction shall be punished as prescribed in
section 1039 of the Penal Code of Georgia, 1895.
Approved August 13, 1910.
ACTS OF 1911.
H o u r s o f labor in fa c to r ies , etc.
(Page 65.)
Ten-hour day.
[This act amends section 3137 of the Code of 1910 (sec. 2615,
Code of 1895), by fixing at 10 per day, or not to exceed 60 per
week, the hours of labor in cotton and woolen manufacturing
establishments, instead of 11 and 66 respectively, as formerly, to
take effect January 1, 1912.]
Approved August 21, 1911.
S u n d a y labor— O peration o f fr e ig h t trains.
(Page 70.)
What opera[This act amends section 414 of the Penal Code, 1910, (sec. 420,
tion allowed.
Penal Code, 1895), in subsection 2 by permitting trains to run
until 9 o’clock central standard time, Sunday morning; and in
subsection 3 by permitting empty refrigerator cars to run to icing
or loading stations, and permitting trains to stop at any station in
the State to take on and forward cars loaded with perishable
freight and ready for transportation.]
Approved August 21, 1911.
D ep a rtm en t o f com m erce and labor.
(Page 133.)
Department
S ec tio n 1. A department of commerce and labor is hereby
created.
created and established, the duties of which department shall be
exercised and discharged by a commissioner, who shall be desig
nated as commissioner of commerce and labor, and by an assistant,
who shall be appointed by the commissioner. Said commissioner
of commerce and labor shall be elected by persons qualified to vote
for members of the general assembly, at the same time, in the
LABOR LAW S-----GEORGIA— ACTS OF 1911
993
same manner, and under the same rules and regulations as the
governor and statehouse officers; and shall hold his office for two
years, and until his successor is elected and qualified, unless re
moved in the manner now prescribed by law for the removal of
officials of the State government. In case of a vacancy in the
office of commissioner of commerce and labor from any cause, such
vacancy shall be filled by appointment by the governor, which ap
pointee shall hold the office until his successor is elected and quali
fied. The first election for commissioner of commerce and labor
shall take place at the special election which shall be ordered and
held for governor to fill the unexpired term of the present gov
ernor, and such commissioner shall hold office until his successor
shall have been elected at the next general election for statehouse
officers and until his successor shall qualify. The office of said
department shall be kept in the capitol and shall be furnished and
provided for as are other departmental offices of the State. Said
commissioner and his assistant shall devote their whole time to
the duties of their office and shall not hold any other office during
their terms of office.
S ec . 2. The commissioner, aided by the assistant commissioner, D u t ie s ° f
shall collect and collate information and statistics concerning labor commlsslonerand its relation to capital, showing labor conditions throughout
the State; the hours of labor; the earnings of laborers; and their
educational, moral and financial condition, and the best means of
promoting their mental, moral and material w elfare; shall, also,
collect and collate information and statistics concerning the loca
tion, capacity of mills, factories, workshops and other industries,
and actual output of manufactured products, and also the charac
ter and amount of labor employed; the kind and quantity of raw
material annually used by them, and the capital invested therein;
shall also collect and collate information and statistics concerning
the location, estimated and actual horsepower and condition of
valuable water powers, developed and undeveloped, in this State;
also, of timber lands, and such other information and statistics
concerning the industrial welfare of the citizens of this State as
he may deem to be of interest and benefit to the public; and by
the dissemination of such data to advertise the various industrial
and natural resources of Georgia, in order to attract and bring
capital into this State: P ro vid ed , That whenever the information
and statistics herein mentioned as to water powers and timber
lands are collected and collated by some other department of the
State government the department of labor shall be relieved of the
requirement to collect such statistics: P ro vid ed , That nothing in
this act shall be construed to apply to farm or agricultural labor;
that this act shall not apply to sawmill and turpentine laborers.
S ec . 3. The commissioner shall furnish suitable blanks to the
Blanks to be
heads of the various industries of this State, upon which answers famished,
are desired in the collection of such statistical data.
But no use shall be made in the report of the department of the
names of individuals, firms or corporations supplying the infor
mation called for by this act, such information being deemed
confidential, and not for the purpose of disclosing any person’s
private affairs.
A ll officers of the various counties of this State shall, when County offlcalled upon, furnish the commissioner such statistical and othercials*
information within their official knowledge or keeping, concern
ing such industrial and other interests, within the purview and
intent of this act.
Sec. 4. Said commissioner shall make investigation concerning Baw enforcethe operation of the various laws relating to the safety of th ement*
life and limb of employees, especially those concerning the em
ployment of child labor, and of women, and he shall take legal
steps looking to the proper enforcement and due observance of
such laws.
Sec. 5. Said commissioner may inquire into the causes of strikes Strikes, etc.
and lockouts, and other disagreements between employers and
employees: and, whenever practicable, offer his good offices to
994
BULLETIN OP THE BUREAU OP LABOR.
the contending parties with a view of bringing about friendly
and satisfactory adjustments thereof.
Sec. 6. The commissioner shall annually publish a report ad
dressed to the governor, embodying therein such information and
statistics as he may deem expedient and proper, which report
shall be printed and paid for by the State just as reports of other
public officers are printed and paid for. The number of copies
of such report to be printed to be designated by the commissioner.
He shall also make a full report to the governor as other officers
are required to do, embodying therein such recommendations as
he may deem calculated to promote the efficiency of his depart
ment.
Salary* etc.
S ec . 7. The commissioner shall receive a salary of twenty-four
hundred dollars per annum; the assistant commissioner eighteen
hundred dollars per annum; and a stenographer nine hundred
dollars per annum, and nine hundred dollars per annum shall be
allowed for the incidental expenses of said department, including
the actual traveling expenses of said commissioner and assistant,
while traveling for the purpose of collecting information and
statistics as provided for in this act.
Approved August 21, 1911.
Reports.
HAW AII.
ACTS OF 1911.
No. 48.— E m igra n t agents.
Definition.
S ectio n 1. Any person who individually or acting through or
for another or others, is engaged in soliciting, inducing, pro
curing or in hiring laborers to go beyond the lim its of the Terri
tory of Hawaii, whether under promise of employment or other
wise, shall be deemed an emigrant agent within the meaning of
this act.
S ec . 2. No person shall engage in business as an emigrant
License.
agent without first obtaining a license from the treasurer of each
county or city and county in which such business is entered into
or carried on. No such license shall be issued until the appli
cant therefor shall have complied with the following conditions:
F irst: H e shall file with said treasurer a sworn statement of
the person or persons employing him and the place to which it
is proposed that laborers shall be sent or taken and of the nature,
terms and conditions of the employment or inducements to be
given laborers he may recruit.
Bond.
Second: He shall file with said treasurer a bond in the penal
sum of twenty-five thousand dollars ($25,000.00) running to
said treasurer and his successors in office conditioned that he
will in all respects comply with the provisions of this act and
that he will satisfy any judgments which may be rendered against
him in any action either at common law or under statute for
enticing, inducing or persuading laborers from their employers
or for inducing laborers to break their contract o f employment.
Fee.
Third: He shall pay an annual license fee of five hundred
dollars ($500.00).
Every such license shall be issued subject to all rules, regula
tions, conditions and restrictions which may be subsequently
imposed by law.
Sec. 3. Every emigrant agent shall, before any laborer recruited
gran * by him leaves the Territory of Hawaii, register in the office of
the treasurer the name, age, nationality of each laborer recruited
by him, the name and address of the last employer of such
laborer, and the date and cause of his leaving his employment,
together with a statement of the proposed place of employment,
Of contract, if any, the nature, terms and conditions of the employment
etc*
promised and inducements offered to said laborer, together with
the certificate of some person qualified as an interpreter that such
995
LABOR LAW S— H A W A II— ACTS OF 1911.
statement has been by him read to such laborer in the language
of his nationality. A charge of fifty cents (50) shall be made
for each name so registered.
Sec. 4. Every emigrant agent shall give a bond in the sum o f Bond to emone hundred dollars ($100.00) to each and every laborer recruited Ployeeby him conditioned for the faithful performance o f any contract
or promise made with or given to any laborer so recruited.
A duplicate original of each and every bond shall be filed in
the office of said treasurer before said laborer leaves the Terri
tory of Hawaii, together with a receipt of the laborer showing
that said bond has been delivered to him.
Sec. 5. No emigrant agent shall recruit and take away from
the Territory of Hawaii any minor without the written consent
of the parents or guardian of said minor, and in case said minor
has no parent or guardian, then of the attorney general of the
Territory, and said emigrant agent shall file said written consent
in the office of said treasurer.
Minors,
Sec. 6. No emigrant agent shall induce, entice or persuade or Existing conattempt to induce, entice or persuade, any servant or laborertracts*
who shall have contracted either orally or in writing to serve his
employer for a specific length o f time, to leave the service of
said employer during the term thereof, without the consent o f
said employer, nor shall he aid or abet any such servant or
laborer in leaving said service during the term thereof, without
the consent o f said employer.
Sec. 8. In case of any breach of condition of any bond given Enforcement
under the provisions of this act, it shall be the duty of th eof bond,
treasurer, upon demand, to enforce said bond either in his own
name or in the name of any person as obligee therein by appro
priate proceedings in any court of competent jurisdiction for
the use and benefit of the person injured by such breach.
Sec. 9. Any person who shall engage in business as an emi- Failure to obgrant agent, without first obtaining a license as in this act p ro-taln license,
vided, or who shall violate any provision o f this act, shall be
guilty o f a misdemeanor, and upon conviction shall forfeit his
license, if he has one, and shall be punished by a fine not exceed
ing one thousand dollars ($1000.00) or by imprisonment for not
more than one year, or by both such fine and imprisonment.
Sec. 11. Every emigrant agent holding a license as such under E x i s t i n g
existing law shall comply with the provisions o f this act exceptlaws*
that all vested or contract rights, if any, shall be preserved to
him, and that the license fee hereinabove required shall not be
payable by him during the unexpired term o f his license.
Approved this 4th day of April, A. D. 1911.
No. 49.— S u n day labor.
[This act amends section 3190 of the Revised Laws by adding
garages and the operators and owners of licensed automobiles
to the class of exempted businesses, and striking barber shops
from the list.]
Exemptions,
No. 69.— E n ticin g em p loyees — E m ig ra tion .
Section 1. Inducing, enticing or persuading by promise of ^ ! ? terfe2’en?e
employment outside the Territory of Hawaii, or attempting to wltn contracts*
so induce, entice or persuade, any servant or laborer who shall
have contracted, either orally or in writing, to serve his employer
a specific length of time, to leave the service of said employer
during such time, without the consent of said employer, or aiding
or abetting, or attempting to aid or abet, any such servant or
laborer in leaving said service during the term thereof, for the
purpose of leaving the Territory of Hawaii, without the consent
of said employer, is hereby declared actionable and damages
may be recovered of any person or persons or corporation com
mitting any of the acts aforesaid.
996
Injunction.
BULLETIN OF TH E BUREAU OF LABOR,
S ec . 2. Any person or persons or corporation shall be entitled
to an injunction in equity against any other person, persons or
corporation who shall endeavor or threaten, by promise of em
ployment outside the Territory of Hawaii, to induce, entice or
persuade servants or laborers to leave their employment as afore
said or to aid or abet such leaving, whenever it shall appear
that the person, persons or corporation against whom the injunc
tion is sought are without sufficient property liable to execution
within the Territory of Hawaii to respond in damages for said
inducing, enticing or persuading servants or laborers to leave
their employment as aforesaid or for aiding or abetting such
leaving as aforesaid or otherwise that the complainant is without
a plain, adequate and complete remedy at law.
Approved this 6th day of April, A. D. 1911.
No. 70.— E n ticm g em p loyees — E m igration .
Enticing
a
S ection 1. Any person who, by promise of employment outside
misdemeanor. the Territory of Hawaii, shall induce, entice or persuade, or
attempt to induce, entice or persuade, or aid or abet in inducing,
enticing or persuading, any servant or laborer who shall have
contracted, either orally or in writing, to serve his employer for
a specific length of time, to leave the service of said employer
during such time, without the consent of said employer, shall
be guilty of a misdemeanor, and upon conviction thereof shall
be punished by a fine of not more than five hundred dollars, or
by imprisonment for not more than six months, or by both such
fine and imprisonment.
Approved this 6th day of April, A. D. 1911.
No. 90.— Im m igra n ts— E m ig ra n t a gents , etc.
Hiring fo r
S ectio n 1. To aid in preventing newly arrived immigrants into
bffiifentiwhen>r tbis TerritolT from being misled by false and mischievous repre'
* sentations of emigrant agents seeking to withdraw such immi
grants from the Territory, thereby discouraging the efforts of
the Territory and its citizens, made at great expense, to intro
duce desirable population; the hiring for employment out of this
Territory of any immigrant coming into this Territory, or the
inducing, abetting and enticing of such immigrant to leave the
Territory by any licensed emigrant agent is hereby forbidden for
the period of thirty days following the date of the arrival of such
immigrant into the Territory, except with the consent and ap
proval of the board of immigration, or any legal successor in
powers and duties to such board.
Records
of S ec . 2. It shall be the duty of the Territorial board of immigraborerfrant 1& tion» or any le&al successor in powers and duties to such board,
to keep an accurate record open to public inspection of all immi
grants subject to the provisions of this act, showing among other
things the date of the arrival of such immigrant into this Ter
ritory.
Violations.
S ec . 3. Any one violating the provisions of this act shall be
deemed guilty of a misdemeanor, and upon conviction shall forfeit
his license and be subject to a fine not to exceed one thousand
dollars, or imprisonment for not more than six months, or by
both such fine and imprisonment.
Approved this 14th day of April, A. D. 1911.
No. 123 — D ep a rtm en t o f im m igra tion , labor, and sta tistics.
Department
created.
S ectio n 1. There is hereby established within and for the Ter
ritory of Hawaii a department of immigration, labor and statis
tics, which shall be in charge of a board of immigration, labor
and statistics.
A p p o in te d ,
S ec . 2. The board shall be composed of five members, who shall
how.
be appointed by the governor in the manner prescribed in section
LABOR LAW S-----HAW 'All---- ACTS OF 1911,
997
SO of the Organic 'Act, for terms of five years or the unexpired
periods thereof, so that the term of one member shall expire on
April 30 in each year, beginning with 1912.
S ec . 3. One of the members shall be president of the board and Organization.
shall be so designated in his appointment. The members shall be
entitled to reimbursement for their actual expenses in attending
meetings of the board. The board may, with the approval of the
governor, appoint a commissioner of immigration, labor,and sta
tistics, who shall receive such compensation out of the funds at
the disposal of the board, as shall be prescribed by the board,
with the approval of the governor. The board may appoint such
other officers, agents and servants as it may deem necessary, and
regulate their powers and duties consistently with law, and may
procure for its use necessary office^. It may remove such com
missioner and any of its other officers, agents and servants.
. S ec . 4. The board may make fu ll,inquiry, examination and in Duties.
vestigation into the condition, welfare and industrial opportunities
of all immigrants and settlers arriving or being within the Terri
tory. It may also collect information with respect to the need
and demand for labor by the several agricultural, industrial and
other productive activities throughput the Territory; gather in
formation with respect to the supply of labor afforded by such
immigrants and settlers as shall frpm time to time arrive or be
within the Territory; ascertain the occupations for which such
persons may be best adapted and bring about intercommunica
tion between them and those requiring labor; investigate the
treatment accorded them ; cooperate with public and philanthropic
agencies designed to aid in the distribution and employment of
labor, and devise and carry out such other suitable methods as
will tend to prevent or relieve unemployment.
Powers.
S ec . 5. The board may make all contracts and do all acts necessary or proper for securing low rates of fare to immigrants, for
paying their passage money and otherwise facilitating their
transportation, and for their reception and temporary accommo
dation.
Sec. 6. The board shall, as far as possible, keep a record show Records.
ing the places of residence and the occupations followed by every
immigrant brought to Hawaii at the expense of the Territory, for
at least a year next preceding the embarkation of said immigrant
for Hawaii.
S ec . 7. The board shall procure complete lists, giving the names,
Lists
of
ages and destination within the Territory of all immigrant chil children.
dren of school age, as soon as may be after their arrival, and such
other facts as will tend to identify them and shall forthwith de
liver copies of such lists to the superintendent of public instruc
tion to aid in the enforcement of the provisions of the laws re
lating to the compulsory attendance at school of children of
school age.
The board may inspect all labor camps within the Territory, Labor camps.
and all employment and contract labor agencies.
The board shall investigate complaints with regard to fraud I n v e s t i g a
tions.
or extortion practiced against alien and other immigrants intro
duced under its auspices, or otherwise, and shall present to the
proper authorities the results of such investigation, for action
thereon; and shall investigate and study the general social and
economic conditions of alien and other immigrants and settlers
within the Territory for the purpose of promoting their welfare
and that of the Territory, and inducing remedial action by appro
priate public and private agencies.
S ec . 10. It shall be the duty of the board to make an annual Reports.
report to the governor, to be by him laid before the legislature.
Such report shall give an itemized statement of all moneys re
ceived by the board and from what source received, and to whom
and for what purpose paid, during the preceding fiscal year. It
shall show also the number of immigrants brought to Hawaii at
25202°—Bull. 97—12----- 9
998
BULLETIN" OP TH E BUREAU OP LABOR.
the expense of the Territory during such year, together with the
race, nationality, age, sex. conjugal condition, literacy, and the
residence and occupation, so fa r as possible, for at least one year
preceding the embarkation o f every such immigrant. It shall
also show the per capita cost of introducing such immigrants to
Hawaii. It shall also show other matters which the board is em
powered to investigate or to act upon under this act, and such
statistics, relating to the Territory o f Hawaii as the legislature,
or the governor, may from time to time direct to be gathered.
Approved this 21st day o f April, A. D. 1911.
No. 150.— E m p lo ym en t o f children— School attendance .
S ection 1. Section 212 of the Revised Laws is amended to read
as follow s:
Attendance Section 212. The attendance of all children from six to sevenrequired.
teen years of age, at either a public or private school, is obliga
tory, * * * provided also, that such attendance shall not be
compulsory in the following cases:
*
Exceptions.
*
*
*
*
Fourth, Where any child of not less than the age of thirteen
years shall have passed, the required examinations of both pri
mary and grammar school grades, as such requirements shall
from time to time exist: P ro vid ed , He shall be suitably employed;
Fifth. When any child o f not less than fifteen years of age is
suitably employed under the direction of his parent or guardian.
Approved this 26th day of April, A. D. 1911.
IDAHO.
ACTS OF 1911.
C h a p t e r 60.— L ia b ility o f em p loyers f o r roa d fa x es o f em p lo yees.
N o t i c e
S ectio n 908. Corporations and other employers in any county
ployerf eS em'&re responsible for the road poll taxes levied or chargeable against
their employees, and a notice to the employer or managing agent
requiring the payment of the road poll tax of the employee,
charges such employer with such road poll tax. Upon notice
from the clerk of the board or from the road supervisor in coun
ties having a road supervisor, or from the road overseer of the
district, it shall be the duty of every corporation or other employer
Names^ to he within the county to transmit to the clerk o f the board a true
furnished.
and correct list of all persons employed by such employer during
the year, and such lists shall be kept complete so as to show the
names of all persons employed by such employer during the year.
Taxes to he it shall be the duty of every such employer to withhold from the
withheld.
wages or salary o f every adult person who shall be employed by
him for two (2) weeks or more during such year the amount of
any such annual road poll tax as may have been levied by the
board of commissioners and to pay the same over to the county
treasurer or to the road overseer director for the district: P ro
vid ed , That every person whose road poll tax has been paid shall
be entitled to receive from the county treasurer or from the road
overseer collecting the same a receipt for such road poll tax for
such year, specifying the place at which the same has been paid
and the designation of the county and district receiving the same;
and any person presenting such receipt shall be exempted for the
remainder of such calendar year from the payment of any other
F a i l u r e to or further road poll tax in the State of Idaho. Every corpora
pay tax.
tion or other employer who shall fail to comply with the pro
visions of this section shall be liable to the county in the amount
equal to twice the amount of the road poll tax for every employee
failing to pay the tax, together with costs of collection, to be
recovered in an action therefor by the board o f county commis-
LABOR LAW S---- IDAHO---- ACTS OF 1911.
999
sioners. Such double liability may be enforced in a single action
or in separate actions, and the employers’ liability in respect to
each employee not be pleaded as a separate cause of action, nor
shall one action against an employer hereunder be a bar to
another action against the same employer based upon the non
payment of the road poll taxes of other employees, whether
occurring before or after the bringing of the first action.
S ec . 908a. Every person, company or corporation paying the
Tax may be
• road poll tax of another may deduct the same from any indebted- ^ eested from
ness of such person.
s
Approved March 8, 1911.
C hapter 123.— Coercion o f em p loyees in trading— Choice o f
hoarding houses, etc .
S ec tio n 1. It shall be unlawful for any employer, by himself or
Restrictions
by his agent, or for any agent of any employer, or for any other {jfdden°ice fov'
person, directly or indirectly, to impose as a condition, express
or implied, in or for the employment of any workman or em
ployee, any terms as to the place at which, or the person with
whom any workman or employee is to board, lodge, subsist or
reside, or as to the place or store at which he shall purchase his
goods, wares or merchandise, or as to the place at which, or the
manner in which, or the person with whom any wages or portion
of wages paid to the workman or employee are or is to be ex
pended, and no employer shall, by himself or his agent, nor shall
any agent of any employer dismiss any workman or employee
from his employment for or on account of the place at which, or
the person with whom such workman or employee may board,
lodge, subsist or reside, or as to the place or store at which he
shall purchase his goods, wares and merchandise; or for or on
account of the place at which, or the person with whom any wages
or portion of wages paid by the employer to such workman or
employee are or is expended, or fail to be expended: P ro vid ed ,
That this shall not apply to the collection of hospital fees or dues. Penalty.
Sec. 2. Any employer, who by himself or by his agent, or any
agent of any employer, or any other person, 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 fined not less than one hundred
dollars ($100) nor to exceed three hundred dollars ($300) or be
imprisoned in the county ja il for not less than thirty (30) days
nor to exceed ninety (90) days, or shall suffer both such fine and
imprisonment.
Approved February 28, 1911.
C h a p t e r 131.— H ou rs o f labor on public w o r k s — E ig h t-h ou r d a y .
S ec tio n 1. Eight hours shall constitute a day’s work for all , E i g ht - ho ur
laborers, workmen, mechanics or other persons now employed, or day*
who may hereafter be employed in manual labor by or on behalf
of the State of Idaho, or by or on behalf of any county, city,
township, or other municipality of said State, except in cases of
extraordinary emergency which may arise in time of war or in
cases where it may be necessary to work more than eight hours
per calendar day for the protection of property or human life :
P ro vid ed , That in all such cases the laborers, workmen, mechanics
or other persons so employed and working to exceed eight hours
per calendar day shall be paid on the basis of eight hours consti- Work in extuting a day’s work: P ro v id ed , fu r th e r , That not less than the£ours°r eignt
current rate of per diem wages in the locality where the work
is performed shall be paid to the laborers, workmen, mechanics
and other persons so employed by or on behalf of the State of
Idaho, or any county, city, township or other municipality of said
State; and laborers, workmen, mechanics and other persons em
ployed by contractors or subcontractors in the execution of any
such contract or contracts with the State of Idaho, or with any
1000
Contracts.
Violations.
BU LLETIN OF TH E BUREAU OF LABOR.
county, city, township or other municipality thereof, shall be
deemed to be employed by or on behalf of the State of Idaho, or of
such county, city, township or other municipality thereof.
S ec . 2. A ll contracts hereafter made by or on behalf of the State
of Idaho, or by or on behalf of any county, city, township or
other municipality of said State, with any corporation, person or
persons, for the performance of any labor within the State of
Idaho, shall be deemed and considered as made upon the basis of
eight hours constituting a day's work; and it shall be unlawful
for any such corporation, person or persons to require or permit
any laborer, workman, mechanic or other person to work more
than eight hours per calendar day in doing such work, except in
the cases and upon the conditions provided in section 1 of this act.
S ec . 3. Any officer of the State of Idaho, or of any county, city,
township or municipality of said State, or any person acting under
or for such officer, or any contractor with the State of Idaho, or
any county, city, township or other municipality thereof, or other
person violating any of the provisions of this act shall for each
offense be punished by a fine of not less than fifty dollars (50) nor
more than one thousand dollars ($1,000), or by imprisonment not
more than six months, or both fine and imprisonment, in the dis
cretion of the court.
Approved March 1, 1911.
C h a p t er 161.— Railroads— Illitera te em p lo yees .
Who must he
S ection 1. It shall be unlawful for any person, firm or corporaabie to read,
tion operating a railroad within the State of Idaho, whereon steam
or electricity is used as motive power, to employ any conductor,
engineer, fireman, brakeman, switchman or any other employee
whose duty may require him to act as flagman who can not read,
write and speak the English language.
Approved March 7, 1911.
C h a p t er 170.— P a ym en t o f w ages due discharged e m p lo yees .
Wages to be
S ection 1. Whenever any employer of labor shall hereafter dis
charge011 dis" charge or lay off his or its employees without first paying them
s *
the amount of any wages or salary then due them, in cash, lawful
money of the United States, or its equivalent, or shall fail or
refuse on demand to pay them in like money, or its equivalent,
the amount of any wages or salary at the time the same becomes
due and owing to them under their contract of employment,
whether employed by the hour, day, week or month, each of his
Penalty.
or its employees may charge and collect wages in the sum agreed
upon in the contract of employment for each day his employer is
in default until he is paid in full, without rendering any service
therefor: P ro vid ed , h o w ever , He shall cease to draw such wages
or salary thirty (30) days after such default.
Claim a lien. S ec . 2. Every employee shall have such lien and all other rights
and remedies for the protection and enforcement of such salary or
wages as he would have been entitled to had he rendered services
therefor in manner as last employed.
Approved March 7, 1911.
C hapter
P rovisions
228.— In su ran ce
com panies— A ccid en t
p lo ye e s1 bonds.
insurance — E m
S ection 45. No policy of insurance against loss or damage from
in accident poi- disease or by bodily injury by accident, or both, o f the assured
lcles*
shall be issued or delivered in this State, after July 1, 1911:
♦ * ♦
Unless it contains in substance the following provisions:
*
*
*
*
*
Change of 6. A provision that if the insured is injured or contracts disoccupation.
ease after having changed his occupation to one classified by the
LABOK LAW S-----IDAHO— ACTS OF 1911.
1001
company as more hazardous than that stated in the policy, or
while he is doing any act or thing pertaining to any occupation
so classified (except ordinary duties about his residence or while
engaged in recreation), the company shall pay such proportion of
the indemnities provided in the policy as the premium paid would
have purchased at the rate, but within the limits fixed by the
company for such hazardous occupation according to the company’s
rates and classification of risks filed with the commissioner of
insurance in this State prior to the occurrence of the injury or
the commencement of the disease for which indemnity is claimed.
S ec . 46.
*
*
*
*
*
6.
Nothing in this act, however, shall apply to or affect any Blanket poligeneral or blanket policy of insurance issued to any municipal cies.
corporation or department thereof, or to any corporation, co
partnership, association or individual employer, * * * where
the officers, members or employees or classes or departments
thereof are insured against specified accidental bodily injuries or
diseases while exposed to the hazards of the occupation or other
wise, for a premium intended to cover the risks of all the persons
insured under such policy; * * *
S ec . 106. It shall be unlawful for any railroad or other cor- Withholding
poration doing business within this State to collect or retain fromem^Yoyees*
the wages of the persons in their employ the cost of such [fidelity] bonds,
guaranty or security, and such employees shall be permitted to
select such guaranty or surety company or companies or indi- Choice of inviduals complying with the provisions of this act, and such em- surer,
ployees shall be permitted to pay the premiums of their bonds
freely and voluntarily.
Approved March 14, 1911.
ILLINOIS.
ACTS OF 1911.
M in e regulations— M ining in vestiga tion
com m ission.
(Page 65.)
S ec tio n 1. A commission [shall] be established to be known as
Commission
the Mining Investigation Commission of the State of Illinois, con- * ®
e a Psi sting of three coal mine owners and three coal miners appointed p0lntea*
by the governor, together with three qualified men, no one of
whom shall be identified or affiliated with the interests of either
of the mine owners or coal miners or dependent upon the patron
age or good will of either, nor in political life, who shall be ap
pointed by the governor.
Each member of the said commission shall have equal authority, S c o p e of
power and voting strength in considering and acting upon any duty,
matters which may be brought to the attention of the commission
and on which the commission may act and the said commission
shall have power and authority to investigate the methods and
conditions of mining coal in the State of Illinois with special ref
erence to the safety of human lives and property and the conserva
tion of the coal deposits.
S ec . 2. In making an investigation as contemplated in this act,
Powers,
said commissioners shall have power to issue subpoenas for the
attendance o f witnesses, which shall be under the seal of the com
mission and signed by the chairman or secretary of said com
mission.
In case any person shall willfully fail or refuse to obey such
subpoena, it shall be the duty of the circuit court of any county,
upon application of the said commissioners, to issue an attach
ment for such witness, and compel such witness to attend before
the commissioners, and give his testimony upon such matters as
shall be lawfully required by such commissioners; and the said
1002
BU LLETIN OF TH E BUREAU OF LABOR,
court shall have the power to punish for contempt, as in other
cases of refusal to obey the process and order of such court.
The fees of witnesses shall be the same as in the courts of
record and shall be paid out of the appropriation hereinafter
made. And upon order duly entered of record by the said com
mission any one or more members of the said commission shall
be empowered to take testimony touching the matters within the
jurisdiction of 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
with or contrary to law for the government of proceedings before
it, as it may deem proper and shall have the same power to en
force such rules and to preserve order and a quorum in its pres
ence as is vested by the common law or statute of this State in
any court of general jurisdiction.
S ec . 3. Said commission shall meet at the State capitol build
Organization.
ing in Springfield on the second Tuesday after notice o f their
appointment and shall immediately elect a chairman and secre
tary from among their number, one of whom shall be a coal mine
owner and the other a coal miner. Said commission shall cause
a record to be kept of all its proceedings. Five members of the
said commission shall constitute a quorum for the transaction
of business, but a less number than a quorum may adjourn the
meetings of the commission from time to time. Meetings of the
said commission other than called meetings, as provided for
herein, may be held at such times and places within the State
of Illinois, as may be fixed by the said commission. A meeting
of the said commission shall be held upon the written request of
any three members of the said commission signed by them and
delivered to the secretary, who shall, upon receipt of such request,
notify each member of said commission by mail of such meeting
to be held, and the time and place thereof. And no such meeting
shall be held less than five days after the mailing of notice of
the said meeting to the members of said commission by the sec
retary. Such called meeting shall be held either in Springfield or
Chicago.
S ec. 4. Said commission shall report to the governor and to the
Report.
general assembly at its next regular session, submitting, so far
as they have unanimously agreed, a proposed provision of coal
mining laws of the State, together with such other recommenda
tions as to the commission shall seem fit and proper, relating to
coal mining in the State of Illinois. And where there is not unani
mous agreement upon any recommendations there shall be sub
mitted in like manner separate reports embodying the recommen
dations of any one or more members of the said commission,
which said reports shall each set forth in detail the recommen
dation of the commissioner or commissioners signing said report
and shall embody his or their respective reasons for such recom
mendation and his or their objection to the report of other mem
bers of the commission. Upon the filing of the above mentioned
reports, said reports to be made in the convening of the next
general assembly of recommendations and objections, the duties
and functions of said commission shall cease and the terms of
office of the respective commissioners shall terminate.
S ec . 5. The members of said commission who are coal mine
Compensa
tio n .
owners and coal miners, as aforesaid, shall receive no compensa
tion for their services. The remaining three members of the
commission shall receive as compensation for their services the
sum of $10 per day for each [day] actually employed by them as
such commissioners. A ll members of the said commission shall
be reimbursed for their actual expenses incurred in and about
the actual work of said commission.
Said commission may appoint a stenographer or clerk and such
other employees as are necessary and shall fix their compensa
tion and may incur such other expenses as are properly incidental
to the work of the commission.
LABOR LAW S---- ILLINOIS---- ACTS OF 1911.
Sec. 6. The sum of ten thousand dollars ($10,000), or as much
thereof as may be necessary, is hereby appropriated for the post
age, stationery, clerical and expert services, and incidental travel
ing expenses of the commission. * * *
The State board of contracts is hereby authorized and directed
to provide all necessary printing for the mining investigation
commission, and testimony taken by it shall be reported in full
and may be published from time to time by the commission.
Approved May 27, 1911.
1003
Expenses,
F a c to r y , etc ., regulations— Gas s a fe ty appliances .
(Page 146.)
S ection 1. It shall be the duty of the fire marshal or such other
Buildings af-,
officer or officers as are or may be charged with the duty of fire fected*
protection in each town, village or city in the State of Illinois, to
require the owner, agent or person in charge of each public build
ing, factory, store, hotel, theater, tenement or other building,
except private residences in each of said towns, villages or cities,
in which gas is used for illuminating or heating or other purposes,
to equip said building or buildings with an automatic gas cock,
valve or appliance by means of which, in case of fire, accident or Appliance reother necessity, the supply o f gas may be shut off from said build- quireding or buildings, without requiring firemen or other persons to
enter within said building or buildings for said purpose.
Sec. 2. A ll such safety cocks, values, or appliances, as herein standard for
provided for, shall be of such design and quality o f workmanship appliances,
as to be reasonably certain to perform the work required to be
done thereby and shall be approved \by, and installed under the
supervision and control of the duly authorized officer or officers
charged with the duty of fire protection in said town, village or
city in which said gas cocks, valves qr devices are required to be
installed; and when thus installed in any building, shall continue
to be and remain under their supervision and control: P ro v id ed , What buildh o w e v e r , That in all cases where the total volume o f gas led into in^s exempt,
any building or buildings is not mope than the average volume
delivered through a three-fourths inch pipe, then all such buildings
shall be exempt from the requirements herein named, unless the
conditions under which the gas is used are such as to endanger
life or property to the same extent as the larger average volume
carried by pipes o f the next larger size, then in all such cases, at
the discretion of said duly authorized officer or officers, all such
buildings may be required to be equipped as provided for herein.
Sec. 3. From and after the time of taking effect of this act any Violations,
owner, agent or person in control of any building or buildings
within the requirements hereof, who shall fail, neglect or refuse
to equip said building or buildings or to comply with the require
ments set forth herein, shall be served with legal notice by the
officer or officers duly charged with the fire protection of same to
comply therewith within thirty days, and if at the expiration of
the time specified in said notice said building or buildings are not
equipped as provided for herein, then said owner, agent or person
in control shall be guilty of a misdemeanor and upon conviction
thereof shall be punished by a fine of not less than ten (10) nor
more than fifty dollars ($50) for each offense. And upon such
conviction [of] such owner, agent or person in control of any
building or buildings, it shall be unlawful for any person, firm or
corporation or company to supply gas to such building or buildings
for a longer period of time than thirty (30) days next succeed
ing said conviction, until such building or buildings have been
equipped as provided herein.
S ec . 4. When any such device is installed and approved, it shall
injuring apbe unlawful for any unauthorized person to willfully disturb, de- pllances‘
stroy, meddle or tamper with any such device in any way, and
upon conviction thereof, shall be punished by a fine of not less
than fifty dollars ($50) for each offense.
Approved May 31, 1911.
1004
BU LLETIN OF TH E BUREAU OF LABOR.
F a c to r y regulations— U se o f polishing tcheels in basem ents , etc .
(Page 314.)
in
Section 1. No person shall be employed to operate any emery
etc., prohibited, wheels or emery belts of any description, either leather, leather
‘ covered, felt, canvas paper, cotton, or wheels or belts rolled or
coated with emery, corundom or cotton, or wheels used as buffs,
in any basement so-called, or in any room lying wholly or partly
beneath the surface of the ground.
Violations.
Sec. 2. Any person, company, corporation or manager or di
rector o f any such company or corporation who shall fail to
comply with the provisions o f section (1) o f this act shall be
deemed guilty o f a misdemeanor and upon conviction thereof,
before any court o f competent jurisdiction, shall be punished by
a fine o f not less than twenty-five (25) dollars and not more
than two hundred dollars ($200).
Approved June 5, 1911.
Com pensation f o r in ju ries to e m p lo yees .
(Page 314.)
CompensaS ection 1. Any employer covered by the provisions of this
electiveyStenlact in this State may elect to provide and pay compensation
for injuries sustained by any employee arising out of and in the
course of the employment according to the provisions of this
act, and thereby relieve himself from any liability for the re
covery of damages, except as herein provided. If, however, any
such employer shall elect not to provide and pay the compensa
tion to any employee who has elected to accept the provisions of
Suits.
this act, according to the provisions of this act he shall not escape
liability for injuries sustained by such employee arising out of and
in the course of his employment because
Defenses ab
1. The employee assumed the risks of the employer’s business.
rogated.
2. The injury or death was caused in whole or in part by the
negligence of a fellow servant.
3. The injury or death was proximately caused by the con
tributory negligence of the employee, but such contributory negli
gence shall be considered by the jury in reducing the amount of
damages.
N o t i c e o f a. Every such employer is presumed to have elected to provide
election.
and pay the compensation according to the provisions of this
act, unless and until notice in writing of his election to the
contrary is filed with the State bureau of labor statistics.
ft. Every employer within the provisions of this act failing to
file such notice shall be bound hereby as to all his employees
who shall elect to come within the provisions of this act until
January 1st of the next succeeding year and for terms of each
year thereafter: P ro vid ed , Any such employer may elect to dis
continue the payments of compensation herein provided only at
the expiration of any such calendar year, by filing notice of his
intention to discontinue such payments, with the State bureau of
labor statistics, at least sixty days prior to the expiration of
any such calendar year, and by posting such notice in the plant,
shop, office or place of work, or by personal service, in written
or printed form, upon such employee, at least sixty days prior
to the expiration of any such calendar year.
Employees c. In the event any employer elects to provide and pay compen
bound when.
sation provided in this act, then every employee of such employer,
as a part of his contract of hiring or who may be employed at
the time of the taking effect of this act and the acceptance o f
its provisions by the employer, shall be deemed to have accepted
all the provisions of this act and shall be bound thereby unless
within thirty days after such hiring and after the taking effect
of this act, he shall file a notice to the contrary with the secre
tary of the State bureau of labor statistics, whose duty it shall be
LABOR LAW S— ILLINOIS---- ACTS OF 1911.
1005
to immediately notify the employer, and if so notified, the em
ployer shall not be deprived of any of his common law or statu
tory defenses, and until such notice to the contrary is given to
the employer, the measure of liability of the employer for any
injury shall be determined according to the compensation pro
visions of this act: P ro vid ed , h ow ever, That before any such
employee shall be bound by the provisions of this act, his em- P ro v is o ,
ployer shall either furnish to such employee personally at the time
of his hiring, or post in a conspicuous place at the plant or in the
room or place where such employee is to be employed, a legible
statement of the compensation provisions of this act.
S ec . 2. The provisions of this act shall apply to every employer Employments
in the State engaged in the building, maintaining or demolishing coveredof any structure; in any construction or electrical work; in the
business of carriage by land or water and loading and unloading
in connection therewith (except as to carriers who shall be con
strued to be excluded herefrom by the laws of the United States
relating to liability to their employees for personal injuries while
engaged in interstate commerce where such laws are held to be
exclusive of all State regulations providing compensation for
accidental injuries or death suffered in the course of employ
ment) ; in operating general or terminal storehouses; in mining,
surface mining, or quarrying; in any enterprise, or branch there
of, in which explosive materials are manufactured, handled or
used in dangerous quantities; in any enterprise wherein molten
metal or injurious gases or vapors or inflammable fluids are man
ufactured, used, generated, stored or conveyed in dangerous quan
tities; and in any enterprise in which statutory regulations are
now or shall hereafter be imposed for the guarding, using or the
placing of machinery or appliances, or for the protection and safe
guarding of the employees therein, each of which employments is
hereby determined to be especially dangerous, in which from the
nature, conditions and means of prosecution of the work therein,
extraordinary risks to life and limb of the employee engaged
therein are inherent, necessary or (substantially unavoidable, and
as to each of which employments it is deemed necessary to estab
lish a new system of compensation for accidents to the employees
therein.
Sec. 3. No common law or statutory right to recover damages Right exclufor injury or death sustained by any employee while engaged in slve*
the line of his duty as such employee other than the compensation
herein provided shall be available to any employee who has ac
cepted the provisions of this act or to any one wholly or partially
dependent upon him or legally responsible for his estate: Fro- Proviso.
vid ed , That when the injury to the employee was caused by the
intentional omission of the employer, to comply with statutory
safety regulations, nothing in this act shall affect the civil lia
bility of the employer. If the employer is a partnership, such
emission must be that of one of the partners thereof, and if a
corporation, that of any elective officer thereof.
S ec . 4. The amount of compensation which the employer who
°<
accepts the provisions of this act shall pay for injury to th eco p ns
n*
employee which results in death, shall b e:
а. If the employee leaves any widow, child or children, or Death,
parents or other lineal heirs to whose support he had contributed
within five years previous to the time of his death, a sum equal
to four times the average annual earnings of the employee, but
not less in any event than one thousand five hundred dollars, and
not more in any event than three thousand five hundred dollars.
Any weekly payments, other than necessary medical or surgical
fees, shall be deducted in ascertaining such amount payable on
death.
б. If the employee leaves collateral heirs dependent upon his
earnings, such a percentage of the sum provided in section “ a ” as
the contributions which deceased made to the support of these
dependents, bore to his earnings.
1006
BULLETIN OF TH E BUKEAU OF LABOR.
c. I f tlie employee leaves no widow or child or children, parents
or lineal or collateral heirs dependent upon his earnings, a Sum
not to exceed one hundred and fifty dollars for burial expenses.
d. A ll compensation provided for in this section to be paid in
case injury results in death, shall be paid in installments equal
to one-half the average earnings, at the same intervals at which
the wages or earnings of the employee were paid while he was liv
ing; or if this shall not be feasible, then the installments shall
be paid weekly.
e. The compensation to be paid for injuries which result in
death, as provided for in this section, shall be paid to the per
sonal representative of the deceased employee and shall be dis«
tributed by such personal representative to the beneficiaries en
titled thereto, in accordance with the laws of this State relating
to the descent and distribution of personal property.
Disability.
Sec. 5. The amount of compensation which the employer who
accepts the provisions of this act shall provide and pay for
injury to the employee resulting in disability shall b e :
a. Necessary first aid, medical, surgical and hospital services,
also medicine and hospital services for a period not longer than
eight weeks, not to exceed, however, the amount of $200, also
necessary services of a physician or surgeon during such period
of disability, unless such employee elects to secure his own physi
cian or surgeon.
b. If the period of disability lasts for more than six working
days, and such fact is determined by the physician or physicians,
as provided in section 9, compensation equal to one-half of the
earnings, but not less than $5 nor more than $12 per week, be
ginning on the eighth day of disability, and as long as the dis
ability lasts, or until the amount of compensation paid equals the
amount payable as a death benefit.
c. I f any employee, by reason of any accident arising out of and
in the course of his employment, receive any serious and perma
nent disfigurement to the hands or face, but which injury does
not actually incapacitate the employee from pursuing his usual or
customary employment so that it is possible to measure compensa
tion in accordance with the scale of compensation and the
methods of computing the same herein provided, such employee
shall have the right to resort to the arbitration provisions of this
act for the purpose of determining a reasonable amount of com
pensation to be paid to such employee, but not to exceed one
quarter (£ ) the amount of his compensation in case of death.
d. I f after the injury has been received it shall appear upon
medical examination as provided for in section 9, that the em
ployee has been partially, though permanently incapacitated from
pursuing his usual and customary line of employment, he shall
receive compensation equal to one-half of the difference between
the average amount which he earned before the accident, and the
average amount which he is earning, or is able to earn in some
suitable employment or business after the accident, if such em
ployment is secured.
Permanent e . In the case of complete disability which renders the employee
disability.
wholly and permanently incapable of work, compensation for the
first eight years after the day the injury was received, equal to
50 per cent of his earnings, but not less than $5.00 nor more than
$12.00 per week. I f complete disability continues after the pay
ment of a sum equal to the amount of the death benefit or after
the expiration of the eight years, then a compensation during life,
equal to 8 per cent of the death benefit which would have been
payable had the accident resulted in death. Such compensation
shall not be less than $10.00 per month and shall be payable
monthly.
De a t h not
immediate.
( l ) In case death occurs before the total o f the payments made
equals the amount payable as a death benefit, as provided in sec
tion 4, acticle a, then in case the employee leaves any widow,
child or children, or parents, or other lineal heirs, they shall be
paid the difference between the compensation for death and the
LABOR LAW S— ILLINOIS— ACTS OF 1911.
1007 j
sum of such payment, but in no case shall this sum be less than
$500.00.
( 2 ) In cases of complete disability, after compensation has
Lump-sum
been paid at the specified rate for a term of at least six months, payments,
the employee shall have the privilege of filing a petition in accord
ance with article d of section 4 of this act, asking for a lump
sum payment of the difference between the sum of the payments
received and the compensation to which he was entitled when
such permanent disability has been definitely determined. For
the purpose of this section, blindness or the total irrecoverable
loss of sight, the loss of both feet at or above the ankle, the loss
of both hands at or above the wrist, the loss of one hand and
one foot, an injury to the spine resulting in permanent paralysis
of the legs or arms, and a fracture of the skull resulting in in
curable imbecility or insanity, shall be considered complete and
permanent disability: P ro vid ed , These specific cases of complete
disability shall not, however, be construed as excluding other
cases.
(3 ) In fixing the amount of the disability payments, regard C o mp u t i n g
shall be had to any payments, allowance or benefit which th e ^ !ay iity pay"
employee may have received from the employer during the period m
of his incapacity, except the expenses of necessary medical or
surgical treatment. In no event, except in cases of complete
disability as defined above, shall any weekly payment payable
under the compensation plan in this section* provided exceed
$12 per week, or extend over a period of more than eight years
from the date of the accident. In case an injured employee shall
be incompetent at the time when any right or privilege accrues
to him under the provisions of this act, a conservator or guardian
of the incompetent, appointed pursuant to law, may on behalf
of such incompetent, claim and exercise any such right or privi
lege with the same force and effect as if the employee himself
had been competent and had claimed or exercised said right or
privilege; and no limitations of time by this act provided, shall
run so long as said incompetent employee had no conservator or
guardian.
S ec. 5 i. Any person entitled to compensation under this act, or Orders fo r
any employer who shall be bound to pay compensation under this lump-sum payact, who shall desire to have such compensation, or any partments*
thereof, paid in a lump sum, may petition any court of competent
jurisdiction of the county in which the employee resided or worked
at the time of disability or death, asking that such compensa
tion be so paid, and if upon proper notice to the interested parties,
and a proper showing made before such court, it appears to the
best interest of the parties that such compensation be so paid,
the court shall order payment of a lump sum, and where nec
essary, upon proper application being made, a guardian, con
servator or administrator, as the case may be, shall be appointed
for any person under disability who may be entitled to any such
compensation, and an employer bound by the terms of this act,
and liable to pay such compensation, may petition for such ap
pointment where no such legal representatives have been ap
pointed or acting for such party or parties so under disability.
Sec. 6. The basis for computing the compensation provided B a s i s f o r
for in sections 4 and 5 of the act shall be as follow s:
computing paya. The compensation shall be computed on the basis of th ements*
annual earnings which the injured person received as salary,
wages or earnings in the employment of the same employer
during the year next preceding the injury.
b. Employment by the same employer shall be taken to mean
employment by the same employer in the grade in which the
employee was employed at the time of the accident, uninterrupted
by absence from work due to illness or any other unavoidable
cause.
i
c. The annual earnings if not otherwise determinable shall be
regarded as 300 times the average daily earnings in such com
putation.
1008
BU LLETIN OF TH E BUREAU OF LABOR.
cl. I f the injured person has not been engaged in the employ
ment for a full year immediately preceding the accident, the
compensation shall be computed according to the annual earnings
which persons of the same class in the same or in neighboring
employments of the same kind have earned during such period.
And if this basis of computation is impossible, or should appear
to be unreasonable, three hundred times the amount which the
injured person earned on an average on those days when he was
working during the year next preceding the accident, shall be
used as a basis for the computation.
e. In the case of injured employees who earn either no wage or
less than three hundred times the usual daily wage or earnings of
the adult day laborers in the same line of industry of that locality,
the yearly wage shall be reckoned as three hundred times the aver
age daily local wage.
f . As to employees in employments in which it is the custom to
operate for a part of the whole number of working days in each
year, such number shall be used instead of three hundred as a basis
for computing the annual earnings, provided the minimum number
o f days which shall be used for the basis of the year’s work shall
be not less than two hundred.
g. Earnings, for the purpose of this section, shall be based on
the earnings for the number of hours commonly regarded as a
day’s work for that employment, and shall exclude overtime earn
ings. The earnings shall not include any sum which the employer
has been accustomed to pay the employee to cover any special ex
pense entailed on him by the nature of his employment.
h. In computing the compensation to be paid to any employee
who, before the accident for which he claims compensation, was
disabled and drawing compensation under the terms of this act,
the compensation for each subsequent injury shall be apportioned
according to the proportion of incapacity and disability caused by
the respective injuries which he may have suffered.
C h a r g e on
S ec . 7. The compensation herein provided shall be the measure
employer.
o f the responsibility which the employer has assumed for injuries
or death that may occur to employees in his employment subject to
the provisions of this act, and it shall not be in any way reduced
by contributions from employees.
Willful acts. S ec . 8 . I f it is proved that the injury to the employee resulted
from his deliberate intention to cause such injury, no compensa
tion with respect to that injury shall be allowed.
Medical exS ec . 9. Any employee entitled to receive disability payments shall
aminations.
be required if requested by the employer to submit himself for ex
amination at the expense of the employer to a duly qualified
medical practitioner or surgeon selected by the employer, at a time
and place reasonably convenient for the employee, as soon as prac
ticable after the injury, and also one week after the first examina
tion, and thereafter at intervals not oftener than once every four
weeks, which examiantions shall be for the purpose of determining
the nature, extent and probable duration of the injury received
by the employee, and for the purpose of adjusting the compensation
which may be due the employee from time to time for disability
according to the provisions of sections 4 and 5 of this act: P ro
vid ed , h ow ever, That such examination shall be made in the pres
ence of a duly qualified medical practitioner or surgeon provided
and paid for by the employee, if such employee so desires, and in the
event of a disagreement between said medical practitioners or sur
geons as to the nature, extent or probable duration of said injury
or disability, they may agree upon a third medical practitioner or
surgeon, and, failing to agree upon such third medical practitioner
or surgeon, the judge of the county court of the county where the
employee resided or was employed at the time of the injury, shall
within six days after petition filed in such court for that purpose,
select a third medical practitioner or surgeon and the majority
report of such three physicians as to the nature, extent and prob
able duration o f such injury or disability shall be used for the
purpose of estimating the amount of compensation payable under
LABOR LAW S— ILLINOIS— ACTS OF 1911.
1009
this act. I f the employee refuses so to submit himself to examina
tion or unnecessarily obstructs the same, his right to compensa
tion payments shall be temporarily suspended until such examina
tion shall have taken place, and no compensation shall be payable
under this act during such period.
S ec . 10. Any question of law or fa it arising in regard to the
Settlement of
application of this law in determining the compensation payableaisputes*
hereunder shall be determined either by agreement of the parties
or by arbitration as herein provided. In case any such question Arbitrators,
arises which can not be settled by agreement, the employee and the
employer shall each select a disinterested party and the judge of
the county court, or other court of competent jurisdiction, of the
county where the injured employee resided or worked at the time
of the injury, shall appoint a third disinterested party, such per
sons to constitute a board of arbitrators for the purpose of hear
ing and determining all such disputed questions of law or fact
arising in regard to the application of this law in determining the
compensation payable hereunder; and it shall be the duty of both
employee and employer to submit to such board of arbitrators not
later than ten days after the selection and appointment of such
arbitrators all facts or evidence which may be in their possession
or under their control, relating to the questions to be determined
by said arbitrators; and said board of arbitrators shall hear all
the evidence submitted by both parties and they shall have access
to any books, papers or records of either the employer or the
employee showing any facts which may be material to the ques
tions before them, and they shall be empowered to visit the place or
plant where the accident occurred, to direct the injured employee
to be examined by a regular practicing physician or surgeon, and
to do all other acts reasonably necessary for a proper investiga
tion of all matters in dispute. A copy of the report of the arbi
trators in each case shall be prepared and filed by them with the
State bureau of labor statistics, and shall be binding upon both
the employer and employee except for fraud and m istake: Provided, That either party to such arbitration shall have the right
to appeal from such report or award of the arbitrators to the
circuit court or the court that appointed the third arbitrator of
the county where the injury occurred by filing a petition in such
court within twenty days after the filing of the report of the
arbitrators, and upon filing a good and sufficient bond, in the dis
cretion of the court, and upon such appeal the questions in dis
pute shall be heard de novo, and either party may have a jury
upon filing a written demand therefor with his petition.
S ec . 11. Any person entitled to payment under the compensaClaims pretion provisions of this act from any employer shall have the same ferredpreferential claim therefor against the property of the employer
as is now allowed by law for a claim by such person against
such employer for unpaid wages or for personal services, such
preference to prevail against wage claims of all other employees,
not entitled to compensation for injuries, and the payments due
under such compensation provisions shall not be subject to at
tachment, levy, execution, garnishment or satisfaction of debts,
except to the same extent and in the same manner as wages or
earnings for personal service are now subject to attachment, levy,
execution, garnishment or satisfaction of debts, under the laws
of this State, and shall not be assignable. Any right to receive
compensation hereunder shall be extinguished by the death of
the person or persons entitled thereto, subject to the provisions
of this act relative to compensation for death received in the
course of employment. No claim of any attorney at law for
services in securing a recovery under this act shall be an enforce
able lien thereon unless the amount of the same be approved in
writing by a judge of a court of record, which approval may be
made in term time or vacation.
Sec. 12. Any contract or agreement made by any employer or Contracts in
his agent or attorney with any employee or any other beneficiary fieven days*
1010
BU LLETIN OF TH E BUREAU OF LABOR.
of any claim under tlie provisions of this act within seven days
after the injury shall be presumed to be fraudulent.
Waivers.
S e c . 13. No employee or beneficiary shall have power to waive
any of the provisions of this act in regard to the amount of com
pensation which may be payable to such employee or beneficiary
hereunder.
Notice.
S ec . 14. No proceedings for compensation under this act shall
be maintained unless notice of the accident has been given to the
employer as soon as practicable after the happening thereof, and
during such disability, and unless claim for compensation has
been made within six months after the injury, except that in case
of an accident resulting in temporary disability, notice of such
accident must be given to the employer within thirty days after
said accident; or in case of the death of the employee or in the
event of his incapacity, within six months after such death or
incapacity, or in the event that payments have been made under
the provisions o f this act, within six months after such payments
have ceased. No want or defect or inaccuracy of such notice
shall be a bar to the maintenance of proceedings by arbitration or
otherwise by the employee, unless the employer proves that he is
unduly prejudiced in such proceedings by such want, defect or
inaccuracy. Notice of the accident shall, in substance apprise
the employer of the claim of compensation made and shall state
the name and address of the employee injured, the approximate
date and place of the accident, if known, and in simple language
the cause thereof; which notice may be served personally or by
registered mail, addressed to the employer at his last known resi
dence or place of business: P ro vid ed , That the failure on the part
of any person entitled to such compensation to give such notice
shall not relieve the employer from his liability for such compen
sation, when the facts and circumstances of such accident are
known to such employer or his agent, supervising work in which
such employee was engaged at the time of the injury.
insurance,
S ec . 15. This act shall not affect or disturb the continuance of
benefit, e t c. , any existing insurance, mutual aid, benefit, or relief association or
systems.
department, whether maintained in whole or in part by the em
ployer or whether maintained by the employees, the payment of
benefits of such association or department being guaranteed by
the employer or by some person, firm or corporation for him :
P ro vid ed , The employer contributes to such association or depart
ment an amount sufficient to insure the employees or other bene
ficiary the full compensation herein provided, exclusive of the cost
of the maintenance of such association or department without any
expense to the employee. This act shall not prevent the organiza
tion and maintaining under the insurance law of this State of
any benefit or insurance company for the purpose of insuring
against the compensation provided for in this act, the expense of
which is maintained by the employer. This act shall not prevent
the organization or maintaining under the insurance laws of this
State of any voluntary mutual aid, benefit or relief association
among employees for the payment of additional accident or sick
benefits.
No existing insurance, mutual aid, benefit or relief asociation or
department shall, by reason of anything herein contained, be
authorized to discontinue its operation without first discharging
its obligations to any and all persons carrying insurance in the
same or entitled to relief or benefits therein.
Premium
Any contract of employment, relief benefit, or insurance or other
payments by device whereby the employee is required to pay any premium or
employees.
premiums for insurance against the compensation provided for in
this act shall be null and void, and any employer withholding
from the wages of any employee any amount for the purpose of
paying any such premium shall be guilty of a misdemeanor and
punishable by a fine of not less than ten dollars nor more than
twenty-five dollars in each offense in the discretion of the court.
LABOR LAW S— ILLINOIS— ACTS OF 1911
1011
Sec. 16. Any person who shall become entitled to compensation Subroga ti o n
to
employer’s
under the provisions of this act, shall, in the event o f his inability rights.
to recover such compensation from the employer on account o f
his insolvency, be subrogated to all the rights o f such employer
against any insurance company or association which may have
insured such employer against loss growing out of the compensa
tion required by the provisions o f this act to be paid by such
employer, and in such case only, a payment o f the compensation
that has accrued to the person entitled thereto in accordance
with the provisions of this act, shall relieve such insurance com
pany from such liability.
Sec. 17. Where the injury for which compensation is payable Joint liabil
under this act was caused under circumstances creating a legal ities.
liability in some person, other than the employer, to pay damages
in respect thereof:
a. The employee or beneficiary may take proceedings both
against that person to recover damages and against the employer
for compensation, but the amount of the compensation which he is
entitled to under this act shall be reduced by the amount of dam
ages recovered.
Empl oye r’ s
b. I f the employee or beneficiary has recovered compensation
under this act, the employer by whom the compensation was paid rights.
or the person who has been called upon to pay the indemnity
under sections 4 and 5 of this act, may be entitled to indemnity
from the person so liable to pay damages as aforesaid, and shall
be subrogated to the rights of the employee to recover damages
therefor.
Review
of
Sec. IS. An agreement or award may, at any time after six
months, and before eighteen months, from the date of filing, be awards.
reviewed, upon the application of either party, on the ground that
the incapacity of the employee has subsequently increased or
diminished. Such application shall be made to any court of
competent jurisdiction; and unless the parties consent to arbi
tration, the court may appoint a medical practitioner to examine
the employee and report upon his condition; and upon his report
and after hearing all the evidence the court may modify such
agreement or award, as may be just, by ending, increasing or
diminishing the compensation, subject to the limitations herein
before provided.
Sec. 19. It shall be the duty of every employer within the pro Reports of
visions o f this act to send to the secretary of the State bureau of accidents.
labor statistics in writing an immediate report of all accidents or
injuries arising out of or in the course of the employment and re
sulting in death; it shall also be the duty of every such employer
to report between the 15th and the 25th of each month to the
secretary of the State bureau of labor statistics all accidents or
injuries for which compensation has been paid under this act,
which accidents or injuries entail a loss to the employee of more
than one week’s time, and in case the injury results in permanent
disability, such report shall be made as soon as it is determined
that such permanent disability has resulted or will result from
suqji injury. A ll such reports shall state the date of the injury,
including the time of day or night, the nature of the employer’s
business, the age, sex, conjugal condition of the injured person,
the specific occupation of the injured person, the direct cause of
the injury and the nature of the accident, the nature of the
injury, the length of disability and, in case of death, the length
of disability before death, the wages of the injured person,
whether compensation has been paid to the injured person, or to
his legal representative or his heirs or next of kin, the amount
of compensation paid, the amount paid for physicians’, surgeons’
and hospital bills, and by whom paid, and the amount paid for
funeral or burial expenses, if known. The making of reports as
provided herein shall release the employer covered by the provi
sions of this act from making such reports to any other officer
of the State.
1012
B U LLETIN OF TH E BUBEAU OF LABOK.
Employees of
contractors.
Sec. 20. Any person, firm or corporation who undertakes to do
or contracts with others to do, or have done for him, them or it,
any work embraced in section 2 of this act, requiring such dan
gerous employment of employees in, or about premises where he,
they or it, as principal or principals, contract to do such work
or any part thereof, and does not require that the compensation
provided for in this act shall be insured to the employee or
beneficiary by any such person, firm or corporation undertaking
to do such work and any such person, firm or corporation who
creates or carries into operation any fraudulent scheme, artifice
or device to enable him, them or it to execute such work without
such person, firm or corporation being responsible to the em
ployee or beneficiaries entitled to such compensation under the pro
visions of this act, such person, firm or corporation shall be
included in the term “ employer” and with the immediate em
ployer shall be jointly and severally liable to pay the compensation
herein provided for, and be subject to all the provisions of this act.
Definition.
S ec . 21. The term “ employee ” as used in this act shall be held
to include only such persons as may be exposed to the necessary
hazards of carrying on any employment or enterprise referred to
in section 2 of this act. Persons whose employment is of a casual
nature and who are employed otherwise than for the purpose of
the employers’ trade or business, are not included in the fore
going definition.
In c id e n ta l,
Sec. 22. Section 21 shall not be construed to include any em
e t c . , employ
ployee engaged in any work of an incidental character unconnected
ment.
with the dangers necessarily involved in carrying on any employ
ment or enterprise referred to in section 2, or in any work of a
clerical or administrative nature which does not expose the em
ployee to the inherent hazards of any such employment or enter
prise.
Violations.
Sec. 23. Any willful neglect, refusal, or failure to do the things
required to be done by any section, clause, or provision of this
act, on the part of the persons herein required to do them, or any
violation of any of the provisions or requirements hereof, or any
attempt to obstruct or interfere with any court officer, member of
an arbitration board herein provided lo r, or with the secretary
of the bureau of labor statistics or his deputy, in the discharge
of the duties herein imposed upon any of them, or any refusal to
comply with the terms of this act, shall be deemed a misde
meanor, punishable by a fine of not less than $10 nor more than
$500, at the discretion of the court.
Actions for
S ec. 23J. The right of action for damages caused by any such
damages.
injury, at common law or other statute in force prior to the tak
ing effect hereof shall not be affected by this act and every exist
ing right of action for negligence or to recover damages for
injury resulting in death, is continued and nothing in this act
shall be construed as limiting the right of such action so accrued
before the taking effect of this act.
Invalidity of
S ec . 24. The invalidity of any portion of this act shall in no
part.
way affect the validity of any other portion thereof which can be
given effect without such invalid part.
Act t a k e s
S ec . 25. This act shall take effect and be in force on and after
effect when.
the 1st day of May, 1912.
Approved June 10, 1911.
D ep a rtm en t o f fa c to r y inspection.
(Page 326.)
Assistants.
[This is an amendment of the act, page 310, Acts of 1907, the
changes consisting in the addition of a physician at a salary of
$1,500 to the force of the department, an increase in the number
of deputy factory inspectors from 25 to 30, an advance in the
salary of the assistant chief factory inspector from $1,500 to
$2,250, and a change of the date of the annual report from De
cember 15 to June 30 of each year.]
LABOR LAWS---- ILLINOIS---- ACTS OF 1911.
1013
E m p lo y m e n t o f w om en — H o u r s o f labor.
(Page 328.)
S ec tio n 1. Sections 1 and 2 of an act * * *
[page 212,
Acts of 1909,] are hereby amended, and an additional section to be
known as section 5 added thereto, * * * and the same shall
read as follow s:
Section 1. No female shall be employed in any mechanical or Ten-hour day.
mercantile establishment, or factory, or laundry, or hotel, or res
taurant, or telegraph or telephone establishment or office thereof,
or in any place of amusement, or by any person, firm or corpora
tion engaged in any express or transportation or public utility
business, or by any common carrier, or in any public institution,
incorporated or unincorporated in this State, more than ten hours
during any one day. The hours of work may be so arranged as
to permit the employment of females at any time so that they
shall not work more than ten hours during the twenty-four hours
of any day.
Sec. 2. Any employer who shall require or permit or suffer any Violations,
female to work in any of the places mentioned in section 1 of this
act more than the number of hours provided for in this act,
during any day of twenty-four hours, or who shall fail, neglect
or refuse so to arrange the work of females in his employ that
they shall not work more than the number of hours provided for
in this act, during any one day, or who shall permit or suffer any
overseer, superintendent or other agent of any suck, employer to
violate any of the provisions of this act, shall be guilty of a mis
demeanor and upon conviction thereof shall be fined for each
offense in a sum of not less than $25 or more than $100.
Sec. 5. Every employer to whom this act shall apply, shall keep Record,
a time book or record showing for each day that his establish
ment is open the hours during which each and every female in
his employ, to whom this act applies, is employed. Such time
book or record shall be open at all reasonable hours to the
inspection of the officials of the factory inspection department.
The failure or omission to keep such record, or a false statement
contained therein, or any false statement made by any person to
an official o f th e factory inspection departm ent, in reply to any
question put in carrying out the provisions of this act, shall be
punishable on conviction by a penalty of not more than $25 for
each offense.
Approved June 10, 1911.
A ccid en ts in m in es , etc. — M m e r s J and m ech an ics ’ in stitu tes .
(Page 329.)
S ec tio n 1. In order to prevent accidents in mines and other
institutes t#
industrial plants and to conserve the resources of the State, b y be established,
the education and training of all classes of workers in and about
the mines and other industrial plants of the State, there shall be
established and maintained a form of educational betterment
work, which shall be known as the Illinois Miners’ and Mechanics’
Institutes.
S ec . 2. It shall be the purpose of such Illinois Miners’ and
Purpose.
Mechanics’ Institutes to promote the technical efficiency of all
persons working in and about the mines and other industrial
plants of the State and to assist them to better overcome the in
creasing difficulties of mining and other industrial employments.
In the development of this purpose, any and all means may be
employed which promise to give desired results such as bulletins,
traveling libraries, lectures, correspondence work, classes for sys
tematic instruction, or meetings for the reading and discussion
of papers.
25202°— Bull. 97— 12------ 10
1014
BU LLETIN OF TH E BUREAU OF LABOR.
Administra
S ec . 3. The administration of the Illinois Miners’ and Me
tion.
chanics’ Institutes, as provided in section one hereof, shall vest
in the trustees of the University of Illinois; that all money ap
propriated by the State for the purpose of this act shall be made
available to said trustees; and that the said trustees be and
hereby are authorized and directed to proceed with the work of
the organization, maintenance and administration through their
regularly authorized agents, aided by such other persons as in
their judgment the work may require.
Approved May 25, 1911.
Occupational
diseases— P re v e n tiv e
regulations — R eports.
(Page 330.)
Preve n 1 1v e
S ectio n 1. Every employer of labor in this State, engaged in
devices.
carrying on any work or process which may produce any illness
or disease peculiar to the work or process carried on, or which
subjects the employees to the danger of illness or disease incident
to such work or process, to which employees are not ordinarily
exposed in other lines of employment, shall, for the protection
of all employees engaged in such work or process, adopt and
provide reasonable and approved devices, means or methods
for the prevention o f such industrial or occupational diseases
as are incident to such work or process.
Working
Sec. 2. Every employer in this State engaged in the carrying on
clothing, etc., of any process of manufacture or labor in which sugar of lead,
to he provided
white lead, lead chromate, lithrage [litharge], red lead, arsenate of
when.
lead, or paris green are employed, used or handled, or the manu
facture of brass or the smelting of lead or zinc, which processes
and employments are hereby declared to be especially dangerous
to the health of the employees engaged in any process of manu
facture or labor in which poisonous chemicals, minerals or other
substances are used or handled by the employees therein iu
harmful quantities or under harmful conditions, shall provide
for and place at the disposal of the employees engaged in any
such process or manufacture and shall maintain in good condition
and without cost to the employees, proper working clothing to be
kept and used exclusively for such employees while at work,
and all employees therein shall be required at all times while
they are at work to use and wear such clothing; and in all
processes of manufacture or labor referred to in this section
which are unnecessarily productive of noxious or poisonous dusts,
adequate and approved respirators shall be furnished and main
tained by the employer in good condition and without cost to
the employees, and such employees shall use such respirators at
all times while engaged in any work necessarily productive of
noxious or poisonous dusts.
Medical ex
S ec . 3. Every employer engaged in carrying on any process
aminations.
or manufacture referred to in section 2 of this act, shall, as often
as once every calendar month, cause all employees who come into
direct contact with the poisonous agencies or injurious processes
referred to in section 2 of this act, to be examined by a com
petent licensed physician for the purpose of ascertaining if
there exists in any employee any industrial or occupational disease
or illness, or any disease or illness due or incident to the char
acter of the work in which the employee is engaged.
Physicians to
S ec . 4. It is hereby made the duty of any licensed physician
make reports. who shall make the physical examination o f employees under the
provisions o f section 3 of this act, to make an immediate report
thereof to the State board of health of the State of Illinois
upon blanks to be furnished by said board upon request, and
if no such disease or illness is found, the physician shall so report,
and if any such disease is found, the report shall state the name,
address, sex and age of such employee and the name of such
employer, and the nature of the disease or illness with which the
employee is afflicted, and the probable extent and duration thereof,
LABOR LAWS— ILLINOIS— ACTS OF 1911.
1015
and the last place of employment: P ro vid ed , That the failure
of any such physician to receive the blanks of the State board of
health for the making of such report, shall not excuse such
physician from making the report as herein provided.
S ec . 5. The secretary of the State board of health shall, imme- Reports
to
diately upon receipt of any report from any physician in accord- factory Inspecance with the provisions of section 4 of this act, transmit a copy tion.
thereof to the Illinois Department of Factory Inspection.
S ec . 6 . Every employer engaged in carrying on any process Dressing and
or manufacture referred to in section 2 of this act, shall provide, wash ro°ms.
separate and apart from the workshop in which such employees
are engaged, a dressing room and lavatory for the use of such
employees who are exposed to poisonous or injurious dusts, fumes
and gases, and such lavatory shall be kept and maintained in
a clean and wholesome manner and provided with a sufficient
number of basins or spigots, with adequate washing facilities,
including hot and cold water, clean towels and soap and shower
bath, and the dressing rooms shall be furnished with clothes
presses or compartments, so that the ordinary street clothes
of such employees shall be kept separate and apart from their
working clothes.
S ec . 7. No employee shall take or be allowed to take any food
Taking food,
or drink of any kind into any room* or apartment in which any
process or manufacture referred to in section 2 of this act is
carried on, or in which poisonous i substances or injurious or
noxious fumes, dusts or gases are present as the result of such
work or process being carried on in such room or apartment,
and the employees shall not remain ip any such room or apartment
during the time allowed for meals, and suitable provision shall
be made and maintained by the employer for enabling the em
ployees to take their meals elsewhere in such place of employment,
and a sufficient number of sanitary closed receptacles containing
wholesome drinking water shall be provided and maintained for
the use of the employees within reasonable access and without cost
to them.
S ec . 8 . A ll employers engaged in icarrying on any process or Ventilation,
manufacture referred to in section 2 of this act, shall provide and
maintain adequate devices for carrying off all poisonous or in
jurious fumes from any furnaces which may be employed in any
such process or manufacture, and shall also provide and maintain
adequate facilities for carrying off all injurious dust, and the
floors in any room or apartment where such work or process is
carried on shall, so far as practicable, be kept and maintained
in a smooth and hard condition, and no sweeping shall be per
mitted during working hours except where the floors in such
workshop are dampened so as to prevent the raising of du st;
and all ore, slag, dross and fume shall be kept in some room or
apartment separate from the working rooms occupied by the em
ployees, and where practicable, all mixing and weighing of such
ore, slag, dross or fume shall be done in such separate room or
apartment, and all such material shall, so far as practicable, be
dampened before being handled or transported by employees.
S ec . 9. When any flues are used in any such process or manu- C l e a n i n g
facture referred to in section 2 of this act, and such flues a reflues> etc*
being cleaned out or emptied, the Employer shall in every case
provide and maintain a sufficient and adequate means or device,
such as canvas bags or other practical device, or by dampening
the dust, or some other sufficient method for catching and col
lecting the dust and preventing it from unreasonably fouling or
polluting the air in which the employees are obliged to work, and,
wherever practicable, the dust occasioned in any process or manu
facture referred to in section 2 of this act, and any polishing
or finishing therein, shall be dampened or wet down, and every
reasonable precaution shall be adopted by the employer to pre
vent the unnecessary creation or raising of dust, and all floors
shall be washed or scrubbed at least once every working day;
1016
B U LLETIN OF TH E BUEEAU OF LABOE.
end such parts of the work or process as are especially dan
gerous to the employees, on account of poisonous fumes, dust and
gases, shall, where practicable, be carried on in separate rooms
and under cover of some suitable and sufficient device to remove
the danger to the health of such employee, as far as may be rea
sonably consistent with the manufacturing process, and the fix
tures and tools employed in any such process of manufacture,
Shall be thoroughly washed and cleaned at reasonable intervals.
H o o d s and
Sec. 10. A ll hoppers or chutes or similar devices used in the
fans*
course of any process or manufacture referred to in section 2 of
this act shall, where practicable, be provided with a hood or cov
ering, and an adequate and sufficient apparatus or other proper
Receptacles, device for the purpose of drawing away from the employees
noxious, poisonous or injurious dusts, and preventing the employees
from coming into unnecessary contact therewith; and all con
veyances or receptacles used for the transportation about or the
storage in any place where any such process or manufacture
referred to in section 2 of this act is carried on, shall be properly
covered or dampened in such way as to protect the health of the
employees, and no refuse of a dangerous character incident to the
work or process carried on in any such place shall be allowed to
unnecessarily accumulate on the floors thereof.
Enforcement. S ec . 11. It shall be the duty of the State department of factory
inspection to enforce the provisions of this act and to prose
cute all violations of the same before any magistrate or any court
of competent jurisdiction in this State, and for that purpose such
department and its inspectors are empowered to visit and inspect
at all reasonable times all places of employment covered by the
provisions of this act. In the enforcement of the provisions
hereof the department of factory inspection shall give proper
notice in regard to any violation of this act to any employer
of labor violating it, and directing the installment of any ap
proved device, means or method reasonably necessary, in his
judgment, to protect the health of the employees therein, and such
notice shall be written or printed and shall be signed offically
by the chief State factory inspector or the assistant chief State
factory inspector, and said notice may be served by delivering
the same to the person upon whom service is to be had, or by
leaving at his usual place of abode or business an exact copy
thereof, or by sending a copy thereof to such person by reg
istered mail, and upon receipt of such notice calling the atten
tion of the employer to such violation, he shall immediately
comply with all the provisions of this act.
inspectors
S ec . 12. I f any occupational or industrial disease or illness or
may give or- any disease or illness peculiar to the work or process carried on
ders*
shall be found in any place of employment in this State by the
inspectors of the State department of factory inspection, or
called to their attention by the State board of health, which dis
ease or illness shall be caused in whole or in part, in the opinion
of the inspector, by a disregard by the employer of the provisions
o f this act, or a failure on the part of the employer to adopt
reasonable appliances, devices, means or methods which are
known to be reasonably adequate and sufficient to prevent the
contraction or continuation of any such disease or illness, it
shall be the duty of the department of factory inspection to
immediately notify the employer in such place of employment, in
the manner provided in section 12 of this act, to install adequate
and approved appliances, devices, means or methods to prevent
the contracting and continuance of any such disease or illness
and to comply with all the provisions of this act.
Act to be
S ec . 13. For the purpose of disseminating a general knowledge
posted.
0f the provisions of this act and of the dangers to the health of
employees in any work or process covered by the provisions of
this act, the employer shall post in a conspicuous place in every
room or apartment in which any such work or process is carried
on, appropriate notices of the known dangers to the health of
any such employees arising from such work or process, and simple
LABOR LAW S— ILLINOIS— ACTS OF 1911*
1017
instructions as to any known means of avoiding, so far as pos
sible, the injurious consequences thereof, and the chief State
factory inspector shall, upon request, have prepared a notice
covering the salient features of this act, and furnish a reasonable
number of copies thereof to employers in this State, covered
by the provisions of this act, which notice shall be posted by
every such employer in a conspicuous place in every room or apart
ment in such place of employment. The notices required by this
section shall be printed on cardboard of suitable character and
the type used shall be such as to make them easily legible, and
in addition to English they shall be printed in such other language
or languages as may be necessary to make them intelligible to the
employees.
S ec . 14. Any person, firm or corporation who shall, personally Violations,
or through any agent, violate any of the provisions of this act,
or who omits or fails to comply with any of its requirements, or
who obstructs or interferes with any examination or investigation
being made by the State department of factory inspection in
accordance with the provisions of this act, or any employee who
shall violate any of the provisions of this act shall be deemed
guilty of a misdemeanor and on conviction thereof shall be
punished for the first offense by a fine of not less than ten dollars
($10) or more than one hundred dollars ($100), and upon con
viction of the second or subsequent offenses, shall be fined not less
than fifty dollars ($50) or more than two hundred dollars ($200),
and in each case shall stand committed until such fine and costs
are paid, unless otherwise discharged by due process of law.
S ec . 15. For any injury to the health of any employee proxiDamages,
mately caused by any willful violation of this act or willful
failure to comply with any of its provisions, a right of action shall
accrue to the party whose health has been so injured, for any
direct damages sustained thereby; and in case of the loss of life
by reason of such willful violation or willful failure as afore
said, a right of action shall accrue to the widow of such deceased
person, his lineal heirs or adopted children, or to any other person
or persons who were, before such loss of life, dependent for sup
port upon such deceased person, for a like recovery of damages
for the injury sustained by reason of such loss of life, not to ex
ceed the sum of ten thousand dollars: P ro vid ed , That every such
action for damages in case of death shall be commenced within
one year after the death of such employee.
S ec . 16. The invalidity of any portion of this act shall not affect
Invalidity of
the validity of any other portion thereof which can be given effectpart of act*
without such invalid part.
Approved May 26, 1911.
M in e regulations — P o w d er .
(Page 385.)
S ection 1. Black powder for use for blasting in coal mines S p e c i f i c a shall conform to the following specifications:
tions*
(a ) It shall have a specific gravity of not less than 1.74 nor
more than 1.90.
(b ) It shall have a moisture content of not to exceed one per
cent at the time when shipped by the manufacturer or his agent.
(c) Said powder shall be sold for use in coal mines only in
seven sizes of granulation to be determined as follow s:
CCO shall be powder which shall pass through a screen having
round hole perforations of 40-64 of an inch in diameter and re
main on a screen having round hole perforations of 32-64 of an
inch in diameter.
CO shall be powder which shall pass through a screen having
round hole perforations of 36-64 of an inch in diameter and re
main on a screen having round hole perforations of 24-64 of an
inch in diameter.
1018
BULLETIN OF TH E BUREAU OF LABOR.
C shall be powder which shall pass through a screen having
round hole perforations of 27-64 of an inch in diameter and re
main on a screen having round hole perforations of 18-64 of an
inch in diameter.
F shall be powder which shall pass through a screen having
round hole perforations of 20-64 of an inch in diameter and re
main on a screen having round hole perforations of 12-64 of an
inch in diameter.
FF shall be powder which shall pass through a screen having
round hole perforations of 14-64 of an inch in dfameter and re
main on a screen having round hole perforations of 7-64 of an
inch in diameter.
FFF shall be powder which shall pass through a screen having
round hole perforations of 9-64 of an inch in diameter and remain
on a screen having round hole perforations of 3-64 of an inch in
diameter.
FFFF shall be powder which shall pass through a screen hav
ing round hole perforations of 5-64 of an inch in diameter and
remain on a screen having round hole perforations of 2-64 of an
inch in diameter.
In testing powder for size of granulation as herein required, it
shall be permissible for a given size to contain not to exceed 7 i
per cent by weight of grains of the size next larger and 7% by
weight of grains of the size next smaller.
Marking.
S ec . 2. A ll black powder sold for use in coal mines in this
State shall have plainly stamped on the keg or package in which
it is contained the letter showing the size of granulation according
to the requirements of this act.
U n i a w f u 1 S ec . 3. Any person, firm or corporation who shall sell for use in
sale.
coal mines in this State any black powder not stamped as herein
required, or who shall knowingly sell for use in coal mines in this
State any powder which is untruthfully branded or stamped, and
any person, firm or corporation being a manufacturer of black
powder, or the agent of any such manufacturer of black powder
who shall sell for use in any coal mine in this State, any powder
which shall not conform to the requirements of this act in respect
to the specific gravity and moisture content shall be guilty of a
misdemeanor, and shall be punishable by a fine of not exceeding
$100.00 or by imprisonment in the county jail for not exceeding
ninety (90) days, or both, in the discretion o f the court,
Power o f in- Sec. 4. (a ) State mine inspectors and deputy mine inspectors
spectors.
shall have authority to sample black blasting powder used for
blasting purposes in coal mines in this State, or kept on hand for
sale or intended for shipment for use in such mines, and for such
purpose they may enter upon the premises of any person.
(b) An inspector when sampling black blasting powder shall
secure as accurate an average sample as is practicable, and shall
test the granulation of such sample with the screens provided for
in this act.
(c) I f the inspector shall desire to have said sample tested for
specific gravity or moisture content, he shall send the same to the
State mining board for that purpose, and when such samples are
intended to be tested for moisture content, they must be taken at
the mill or warehouse of the manufacturer or manufacturer’s
agent, or in the railroad car for shipment at said mill or the ware
house; and said samples when so taken shall be immediately
sealed moisture-proof before being sent to the State mining board.
When such samples are received by the State mining board
they shall cause the same to be properly and accurately tested for
specific gravity and for moisture content.
(d ) I f samples of powder when sampled and tested as pro
vided in this act shall be found not to comply with the provisions
herein, the person, firm or corporation guilty of violating the
provisions of this act shall be prosecuted in accordance with the
provisions hereof.
Approved June 7, 1911.
LABOR LAW S— ILLINOIS— ACTS OF 1911,
1019
M in e regu la tions .
(Page 387.)
S ection 1. (a ) The governor, with the advice and consent of State mining
the senate, shall appoint a State mining board which shall be com- k°ard*
posed of five members, two of whom shall be practicing coal
miners, one a practicing coal mine hoisting engineer, and two coal
operators.
(b) Said board shall be authorized, empowered and required to Powers,
make formal inquiry into and pass upon the practical and techno
logical qualifications and personal fitness of men seeking appoint
ment as State inspectors of mines, and of those seeking certificates
of competency as mine managers, as hoisting engineers and as
mine examiners. Said board also shall have such other powers
and duties as may be prescribed by the provisions of this act, or
any other act relating to coal mining. Said board also shall con
trol and direct the State mine inspectors hereinafter provided for,
In the discharge of their duties. Said board also shall cause to be
collected statistical details relating to coal mining in the State,
especially in its relations to the vital, sanitary, commercial and in
dustrial conditions, and to the permanent prosperity of said in
dustry; and said board shall cause such statistical details to be
compiled and summarized as a report of said State mining board,
to be known as the annual coal report
(c) Their appointment shall datej from July 1, .1911, and they Term, organshall serve for a term of two years, or until their successors are ization> etc*
appointed and qualified. They shall all be sworn to a faithful per
formance of their duties. One of the coal operators member of
said board shall be elected as president, and one of the coal miners
member of said board shall be elected as secretary. The board
may appoint a chief clerk and may employ such other persons as
may be necessary for the proper discharge of its powers and
duties; all of whom shall perform! such duties as may be pre
scribed by the board from time to time, and the board may from
time to time also prescribe standing $nd other rules for the control
and direction of its officers and employees and of the State mine
inspectors.
id ) The secretary of State shall assign to the use of the board,
suitably furnished rooms in the statehouse, and shall also fur
nish whatever blanks, blank books, printing, stationery, instru
ments and supplies the board may require in the discharge of its
duties, and for the use of State mine inspectors.
(e)
The board shall hold such meetings from time to time as
may be necessary for the proper discharge of its duties. The
board shall meet at the capitol on the second Tuesday in Septem
ber of the year 1911, and annually thereafter, for the examina
tion of candidates for appointment as State inspectors of mines.
Special examinations also may be held whenever for any reason it
may become necessary to appoint one or more inspectors.
For the examination of persons seeking certificates of com
petency as mine managers, hoisting engineers and mine examin
ers, the board shall hold meetings at such times and places within
the State as shall, in the judgment of the members, afford the best
facilities to the greatest number of candidates.
Public notice shall be given through the press or otherwise, not
less than ten days in advance, announcing the time and place at
which any examinations under this section are to be held.
( /) The examinations herein provided for shall be conducted R u l e s for
under rules, conditions and regulations prescribed by the board.boardSuch rules shall be made a part of the permanent record of the
board, and such of them as relate to candidates shall be, upon ap
plication of any candidate, furnished to him by the board; they
shall also be of uniform application to all candidates.
(g )
The members of the State mining board shall receive as
compensation for their services the sum of five dollars ($5) each
per day for a term not exceeding one hundred (100) days in any
1020
BU LLETIN OF T H E BUREAU OF LABOR.
one year, and whatever sums are necessary to reimburse them for
such actual and necessary traveling expenses as may be incurred
in the discharge of their duties.
The salary of the chief clerk shall be $2,000 per annum, and he
shall be reimbursed for any amounts expended for actual and nec
essary traveling expenses in the discharge of his duties.
A ll salaries and expenses of the board and of its employees shall
be paid upon vouchers duly sworn to by each and approved by the
president of the board, or in his absence by the acting president,
and by the governor* and the auditor of public accounts is hereby
authorized to draw his warrants on the State treasury for the
amounts thus shown to be due, payable out of any money in the
treasury not otherwise appropriated.
Appli c a n t s
Sec. 2. ( a ) An applicant for any certificate herein provided for,
f o r examina before being examined, shall register his name with the State
tion.
mining board and file with the board the credentials required by
this act, to-w it: An affidavit as to all matters of fact establishing
his right to receive the examination, and a certificate of good char
acter and temperate habits, signed by at least ten residents of the
community in which he resides.
Inspectors.
(6 ) Persons applying to the State mining board as candidates
for appointment as State inspectors of mines must produce
evidence satisfactory to the board that they are citizens of this
State, at least thirty years of age, that they have had a practical
mining experience of ten years, and that they are men of good re
pute and temperate habits; they must pass an examination as to
their practical and technological knowledge of mine surveying and
mining machinery and appliances, of the proper development and
operation of coal mines, of ventilation in mines, of the nature and
properties of mine gases, of first aid to injured, of mine rescue
methods and appliances, of the geology of the coal measures in
this State, and of the laws of this State relating to coal mines.
(c) A t the close of each examination for inspectors the board
shall certify to the governor the names of all candidates who have
received a rating above the minimum fixed by the rules of the
board as being persons properly qualified for the position of in
spector.
Managers.
( d ) Persons applying to the board for certificates of com
petency as mine managers must produce evidence satisfactory to
the board that they are citizens of the United States, at least
twenty-four years of age, that they have had at least four years’
practical mining experience, and that they are men of good repute
and temperate habits; they must also pass such examination as
to their experience in mines and in the management of men, their
knowledge of mine machinery and appliances, the use of survey
ing and other instruments used in mining, the properties of mine
gases, the principles of ventilation, of first aid to injured, of mine
rescue methods and appliances, and the legal duties and responsi
bilities of mine managers, as shall be prescribed by the rules of
the board.
(e) (d ) Persons coming before the board for certificates of
competency as mine managers, second class, must produce evi
dence satisfactory to the board that they are citizens of the
United States, at least twenty-four years of age, that they have
had at least four years’ practical mining experience, and that
they are men of good repute and temperate habits; they must also
submit to and satisfactorily pass such an examination as to their
experience in mines and in the management of men, their knowl
edge of coal mining, mine ventilation and the mining laws of this
State and the required duties and responsibilities of second class
mine managers, as shall be prescribed by the rules of the board,
and it shall be unlawful to employ second-class mine managers,
or for them to serve in that capacity at mines employing more
than ten men.
[ /] ( e ) Persons applying to the board for certificates of com
Examiners.
petency as mine examiners, must produce evidence satisfactory
LABOR LAW S---- ILLINOIS---- ACTS OF M l .
1021
to the board that they are citizens of the United States, at least
twenty-one years of age, and of good repute and temperate habits,
and that they have had at least four years’ practical mining ex
perience. They must pass an examination as to their experience
in mines generating dangerous gases, their practical and techno
logical knowledge of the nature and properties of fire damp, the
laws of ventilation, the structure and uses of safety lamps, and
the laws of this State relating to safeguards against fires from
any source in mines.
[0]
( /) Persons applying to the board for certificates of com Hoisting en
petency as hoisting engineers must produce evidence satisfactory gineers.
to the board that they are citizens of the United States, at least
twenty-one years of age, that they have had at least two years’ ex
perience as fireman or engineer of a hoisting plant, and are of
good repute and temperate habits. They must pass an examina
tion as to their experience in handling hoisting machinery, and as
to their practical and technological knowledge of the construction,
cleaning and care of steam boilers, the care and adjustment of
hoisting engines, the management and efficiency of pumps, ropes
and winding apparatus, and as to their knowledge of the laws of
this State in relation to signals and the hoisting and lowering of
men at mines.
[h ]
(g ) There shall be a written and an oral examination ofE x a m i n a
applicants as may be prescribed by the rules of the board; and tions.
all written examination papers and all other papers of applicants
shall be kept on file by the board for not less than one year,
during which time any applicant shall have the right to inspect
his said papers at all reasonable tim es; and any applicant shall
be entitled to a certified copy of any or all of his said papers upon
payment of a reasonable copy fee therefor.
Certificates.
S ec . 3. (a ) The certificates provided for in this act shall be
issued under the signature and seal of the State mining board,
to all those who receive a rating above the minimum fixed by the
rules of the board; such certificates shall contain the full name,
age and place of birth of the recipient and the length and nature
o f his previous service in or about coal mines.
( b ) The board shall make and preserve a record of the names
and addresses of all persons to whom certificates are issued.
(c) The certificates provided for in this act shall entitle the
holders thereof to accept and discharge at any mine in this State,
the duties for which they are declared qualified.
Only certified
(d ) It shall be unlawful for the operator of any coal mine to
persons to be
have in his service as mine manager at his mine, any person who employed.
does not hold a certificate of competency issued by the State
mining board of this State: P ro vid ed , That whenever any ex
igency arises by which it is impossible for any operator to secure
the immediate services of a certified mine manager, he may
place any trustworthy and experienced man of the mine-inspec
tion district in charge of his mine to act as temporary mine man
ager for a period not exceeding seven days, and with the approval
of the State inspector of the district, for a further period not
exceeding twenty-three days.
( e ) It shall be unlawful for the operator of any mine to have
in his service as mine examiner any person who does not hold a
certificate of competency issued by the State mining board: P ro
vid ed , That any one holding a mine manager’s certificate may
serve as mine examiner; but in any mine employing more than
twenty-five (25) men, the mine manager shall not act in the ca
pacity of mine examiner while acting as mine manager: A nd,
provided , Whenever an exigency arises by which it is impossible
for any operator to secure the immediate services of a certificated
examiner, he may employ any trustworthy and experienced man
of the mine-inspection district to act as temporary mine examiner
for a period not exceeding seven days, and with the approval of
the State inspector of the district, for a further period not ex
ceeding twenty-three days.
1022
BULLETIN OE TH E BUREAU OF LABOR,
( /) It sliall be unlawful for the operator of any mine to permit
any person who does not hold a certificate of competency as hoist
ing engineer issued by the State mining board, to hoist or lower
men, or to have charge of the hoisting engine when men are
underground.
Temporary
The employment of persons who do not hold certificates
emp oye .
ag m|ne managers and mine examiners, shall in no case exceed
the limit of time specified herein, and the State inspector shall not
approve of the employment of such persons beyond the twentythree day limit.
in S S
0£ (ft) Upon a petition signed by not less than three coal opera>1
*
tors, or ten coal miners, setting forth that any State inspector
of mines neglects his duties, or that he is incompetent, or that
he is guilty of malfeasance in office, or guilty of any act tend
ing to the unlawful injury of miners or operators of mines, it
shall be the duty of the State mining board to issue a citation to
the said inspector to appear before it within a period of fifteen
days on a day fixed for said hearing, when the said board shall
investigate the allegations of the petitioners; and if the said
board shall find that the said inspector is neglectful of his duty,
or that he is guilty of malfeasance in office, or guilty of any act
tending to the injury of miners or operators of mines, the said
board shall declare the office of said inspector vacant, and a prop
erly qualified person shall be duly appointed, in the manner pro
vided for in this act, to fill said vacancy.
Revocation
(£) The certificate of any mine manager, hoisting engineer or
of certificates. mjne examiner, may be canceled and revoked by the State min
ing board upon notice and hearing as hereinafter provided, if it
shall be established in the judgment of said board that the holder
thereof has become unworthy to hold said certificate by reason
of violation of the law, intemperate habits, incapacity, abuse of
authority or for any other cause: P ro vid ed , That any person
against whom charges or complaints are made hereunder shall
have the right to appear before said board and defend against
said charges, and he shall have fifteen days’ notice in writing of
such charges previous to such hearing: P ro v id ed , fu rth er, That
the board in its discretion may suspend the certificate of any
person charged as aforesaid, pending said hearing, but said hear
ing shall not be unreasonably deferred.
Districts.
S ec . 4. The State shall be divided into twelve inspection dis
tricts, said divisions to be made by the State mining board. The
board may also change from time to time the boundaries of said
districts, in order to more equally distribute the labor and ex
penses of the several mine inspectors, but this provision shall not
be construed as authorizing the State mining board to increase
the number of districts.
inspectors to
Sec. 5. (a) From the names certified by the State mining
be appointed. j>oard, the governor shall select and appoint twelve State mine
inspectors; that is to say, one inspector for each of the twelve
inspection districts provided for in this act; or more, if, in the
future, additional inspection districts shall be created, and their
commissions shall be for a term of two years from July first, pro
vided the term of any State mine inspector in office July 1, 1911,
shall be extended to October 1, 1911, and provided any State in
spector in actual service and good standing and who has passed one
examination under this act may be reappointed for the next en
suing term, without further certification, but shall not be so
reappointed more than three tim es: P ro v id ed , fu r th e r, No man
shall be eligible for appointment as a State inspector of mines
who has any pecuniary interest in any coal mine in Illinois.
County
in(6 ) The county board of supervisors, or of commissioners in
spectors.
counties not under township organization, of any county in which
coal is produced, upon the written request of the State inspector
of mines for the district in which said county is located, shall
appoint a county inspector of mines as assistant to such State
inspector, but no person shall be eligible for appointment as
county inspector who does not hold a State certificate of com
petency as mine manager, and the compensation of such county
LABOR LAWS---- ILLINOIS---- ACTS OF 1911.
1023
inspector shall be fixed by the county board at not less than three
dollars per day, to be paid out of the county treasury.
The State inspector may authorize any county inspector in his
district to assume and discharge all the duties and exercise all
the powers of a State inspector in the county for which he is
appointed, in the absence of the State inspector; but such au
thority must be conferred in writing and the county inspector
must produce the same as evidence of his powers upon the de^
ntand of any person affected by his acts; and the bond of said
State inspector shall be holden for the faithful performance of
the duties of such assistant inspector.
(c) State inspectors, before entering upon their duties as such, B onds..
must take an oath of office, as protided for by the constitution,
and enter into a bond to the State; in the sum of five thousand
dollars ($5,000) for State mine inspectors, with sureties to be
approved by the governor, conditioned upon the faithful per
formance of their duties in every particular, as required by this
act. Said bonds, with the approval of the governor indorsed
thereon, together with the oath of office, shall be deposited with
the secretary of state.
Instruments,]
( d ) The State mining board shall furnish to each of said State
inspectors an anemometer, a safety-lamp and such other instru
ments and such blanks, blank books, stationery, printing and sup
plies as may be required by said inspectors in the discharge of
their official duties. Said instruments and supplies shall be paid
for on bills of particulars certified by the proper officers o f the
board and approved by the governor; and the auditor of public
accounts shall draw his warrants on the State treasury [treas
urer] for the amounts thus shown to be due, payable out of any
money in the treasury not otherwise appropriated.
(e) State inspectors shall devote their whole time and atten Inspections.]]
tion to the duties of their respective offices. State inspectors
shall make personal examination at least once in every six
months of each mine in their district in which marsh gas has
been detected in quantities which, in the judgment of the State
mining board, is dangerous. The State mining board also may
require State inspectors personally to examine any or all other
mines in their respective districts, j State inspectors may be as
signed by the State mining board to examine mines which have
not been classified as generating marsh gas in dangerous quanti
ties. Every mine in the State shall be examined at least once
in every six months.
( /) Every State inspector in the regular inspection of mines
shall measure with an anemometer and determine the amount of
air passing in the last cross-cut in each pair of entries in pillar
and room mines, or in the last room of each division in long-wall
mines. He shall also measure with an anemometer and deter
mine the amount of air passing at the inlet and outlet of the
m ines; and he shall compare all such air measurements with
the last report of the mine examiner and the mine manager
upon the mine examination book of the mine. He must observe
that the legal code of signals between the engineer and top man
and bottom man is established and conspicuously posted for the
information of all employees.
State inspectors also shall require that every necessary precau
tion be taken to insure the health and safety of the workmen em
ployed in the mines, and that the provisions and requirements of
all the mining laws of this State are obeyed.
State inspectors shall render written reports of mine inspec
tions made by them to the State mining board in such form and
manner as shall be required by the board. State inspector [s] shall
take prompt action for the enforcement of the penalties pro
vided for violation of the mining laws.
(g )
It shall be lawful for State inspectors to enter, examine
and inspect any and all coal mines and the machinery belonging
thereto, at all reasonable times, by day or by night, but so as not
to unreasonably obstruct or hinder the working of such coal
mine, and the operator of every such coal mine is hereby required
1024
Refusing
trance.
Posting
tices.
' Weights
measures.
A nnual
ports.
BU LLETIN OF T H E BUREAU OF LABOR.
to furnish all necessary facilities for making such examination
and inspection.
en( h ) I f any operator shall refuse to permit such inspection or
to furnish the necessary facilities for making such examination
and inspection, the inspector shall file his affidavit, setting forth
such refusal, with the judge of the circuit court in said county in
which said mine is situated, either in term time or vacation, or,
in the absence of said judge, with a master in chancery in said
county in which said mine is situated, and obtain an order on
such owner, agent or operator so refusing as aforesaid, command
ing him to permit and furnish such necessary facilities for the
inspection of such coal mine, or to be adjudged to stand in con
tempt of court and punished accordingly.
no(£) The State inspector shall post in some conspicuous place
at the top of each mine inspected by him, a plain statement show
ing what in his judgment is necessary for the better protection of
the lives and health of persons employed in such mine; such
statement shall give the date of inspection and be signed by the
inspector. He shall post a notice at the landing used by the men,
stating what number of men will be permitted to ride on the
cage at one time and the rate of speed at which men may be
hoisted and lowered on the cages.
and
( /) State inspectors are hereby made e x officio sealer of
weights and measures in their respective districts, and as such
are empowered to test all scales used to weigh coal at coal mines.
Upon the written request of any mine owner or operator, or of
ten coal miners employed at any one mine, it shall be the duty
of the inspector to test any scale or scales at such mine against
which complaint is directed, and if he shall find that they or any
of them do not weigh correctly, he shall call the attention of the
mine owner or operator to the fact, and direct that said scale or
scales be at once overhauled and readjusted so as to indicate only
true and exact weights, and he shall forbid the further operation
of such mine until such scales are adjusted. In the event that
such tests shall conflict with any test made by any county sealer
of weights, or under and by virtue of any municipal ordinance or
regulation, then the test by such mine inspector shall prevail.
(k )
For the purpose of carrying out the provisions of this act,
each State inspector shall be furnished by the State with a com
plete set of standard weights suitable for testing the accuracy
of tract [track] scales and of all smaller scales at mines, said test
weights to be paid for on bills of particulars, certified by the sec
retary of state and approved by the governor. Such test weights
shall remain in the custody of the inspector for use at any point
within his district, and for any amounts expended by him for the
storage, transportation or handling of the same, he shall be fully
reimbursed upon making entry of the proper items in his expense
voucher.
re( l) Each State inspector of mines shall, within sixty days after
June 30 of each year, prepare and forward to the State mining
board a formal report of his acts during the year in the discharge
of his duties, with any recommendations as to legislation he may
deem necessary on the subject of mining, and shall collect and
tabulate upon blanks furnished by said board all desired statistics
of mines and miners within his district to accompany said annual
report.
(m )
On the receipt of said inspectors’ reports the chief clerk
of the State mining board shall compile and summarize the same,
to be included in the report of said board, to be known as the
annual coal report, which shall, within four months thereafter,
be bound, printed and transmitted to the governor for the infor
mation of the general assembly and the public. The printing and
binding of said reports shall be provided for by the commissioners
of State contracts in like manner and in like numbers as they
provide for the publication of other official reports to the gov
ernor.
LABOR LAWS.— ILLINOIS— ACTS OF 1911,
1025
(n )
Every coal operator shall, within thirty days after June
30 of each year, furnish to the State mine inspector of the dis
trict, on blanks furnished by him prior to said June 30, statistics
of the wages and conditions of their employees as required by law.
The failure of any inspector to forward to the State mining board
his formal report, as provided in paragraph [one] (1) hereof, or the*
failure of any coal operator to furnish to the State mine inspector
of the district the statistics provided for herein, shall be adjudged
a misdemeanor and be subject to a fine of $100.
S ec . 6 . Each State inspector of mines shall receive as com- C o m p e n s a pensation for his services the sum of $1,800 per annum, and fo r 41011*etc*
traveling and other necessary expenses each shall receive the sum
actually expended for that purpose in the discharge of his official
duties: P ro vid ed , Such expenses shall not exceed one hundred
dollars ($100) per calendar month for each State inspector of
mines, both salary and expenses to be paid monthly by the State
treasurer, on warrants of the auditor of public accounts, from the
funds in the treasury not otherwise appropriated; said expense
vouchers shall show the items of expenditures in detail, with sub
vouchers for the same so far as it is practicable to obtain them.
Said vouchers shall be sworn to by the inspector and be approved
by the president of the State mining board and the governor.
S ec . 7. ( a ) The operator of every coal mine in the State shall
Maps,
make, or cause to be made, an accurate map or plan of such
mine, drawn to a scale not smaller than 200 feet to the inch.
A ll measurements shall be in feet and decimals of a foot. On such
maps shall appear the name of the State, county and township in
which the mine is located, the designation of the mine, the name
of the company or owner, the certificate of the mining engineer or
surveyor as to the accuracy and date of the survey, the north
point and the scale to which the drawing is made.
(6 ) Such map or plan shall accurately show the surface bound
ary lines of the coal rights pertaining to each mine, .and all sec
tions or quarter-section lines or corners within the sam e; the
lines of town lots and streets; the tracks and side-tracks of all
railroads, and the location of all wagon roads, rivers, streams,
ponds, location and depth of holes drilled for oil, gas or water
that penetrate a workable coal seam, and the elevation above the
coal seam of any stream or body of water that might endanger
the mine.
( c ) For the underground workings, said maps shall show all
shafts, slopes, tunnels or other openings to the surface or to
the workings of a contiguous mine; all excavations, entries, rooms
and cross-cuts; the location of the fan or furnace and the direc
tion of the air currents; the location of pumps, hauling engines,
engine planes, abandoned works, fire walls and standing water;
and the outcrop line of the seam, if any, on the property.
The general outline of all areas in which pillars have been
drawn shall be indicated on the map.
Each underground map also shall show, in feet and decimals
thereof, the elevation of the floor of the coal at reasonable inter
vals on the main entries and cross entries from the bottom of
the shaft to the face of the workings; such elevations shall be
referred to the floor of the coal at the bottom of the hoisting
shaft.
(d ) A separate and similar map, drawn to the same scale,
shall be made of each and every seam, which, after the passage
o f this act, shall be worked in any mine, and the maps of all
such seams shall show all shafts, inclined planes or other passage
ways connecting the same.
( e ) A separate map also shall be made of the surface whenever
the surface buildings, lines or objects are so numerous as to obscure
the details of the mine workings if drawn upon the same sheet
with them, and in such case the surface map shall be drawn on
transparent cloth or paper, so that it can be laid upon the map of
the underground workings, and thus indicate the relation of
lines and objections on the surface to the excavations o f the mine.
1026
BU LLETIN OF TH E BUREAU OF LABOR,
( /) Each map shall also show by profile drawing and measure
ments, in feet and decimals thereof, the rise and dip o f the seam
from the bottom of the shaft in either direction to the face of
the workings.
( g ) The original or true copies o f all such maps shall be kept
in the office at the mine, and one true copy thereof shall be
furnished to the State inspector o f mines for the district in which
said mine is located, and one shall be filed in the office of the
recorder of the county in which the mine is located, within thirty
days after the completion of the same. The maps so delivered to
the inspector and to the recorder shall remain in the custody of
said inspector and recorder during their respective terms of
office, and be delivered by them to their successors in office. They
shall be kept at the office of the inspector and of the recorder,
and be open to the examination of all persons interested in the
same, but such examination shall be made only in the presence
of the inspector or the recorder. Neither the inspector nor the
county recorder shall permit any copies of the same to be made
without the written consent of the operator or the owner of the
property.
The county recorder shall properly index such map as part
of the title record of the property affected.
A copy of each map and extensions to the same shall be fur
nished the manager of the mine-rescue stations for his use in
connection with rescue work only.
Annual cor
( h ) An extension of the last preceding survey of every mine in
rections.
active operation shall be made once in every twelve months prior
to July 1 of every year, and the results of said survey, with the
date thereof shall be promptly and accurately entered upon the
original maps and all copies of the same, so as to show all changes
in jplan or new work in the mine, and all extensions of the old
workings to the most advanced face or boundary of said work
ings which have been made since the last preceding survey. The
State inspector, the county recorder and the manager of the
rescue stations shall be furnished with a copy of the said ex
tended map or o f the extensions to said map.
( i ) When any coal mine is worked out or is about to be aban
doned or indefinitely closed, the operator of the same shall make,
or cause to be made, a final survey of such mine; to show the
entire worked-out area when the mine was closed, and the results
of the same shall be duly extended on all maps of the mine and
copies thereof herein required to be filed.
Special sur
U ) The State inspector of mines, or the State mining board,
veys.
may order a. survey to be made of the workings of any mine in
addition to the regular annual survey, the results to be extended
on the maps of the same and the copies thereof, whenever the
safety of the workmen, unlawful injury to the surface, unlawful
encroachment upon adjoining property, or the safety of an ad
joining mine requires it.
I f the State inspector of mines or the State mining board shall
believe any map required by this act is materially inaccurate or
imperfect, the State inspector or State mining board is author
ized to make, or cause to be made, a correct survey and map at
the expense of the operator, the cost recoverable as for debt:
P ro vid ed , I f such test survey shows the operator’s map to be
correct, the State shall be liable for the expense incurred, payable
in such manner as other State accounts incurred by the State
mining board.
Refusal
to
(k )
I f an operator of any mine refuses or wilfully neglects,
furnish map.
for a period of three months, to furnish the said State inspec
tor, the county recorder and the manager of the rescue stations
the map or plan of such mine, or a copy thereof, or of the exten
sions thereto, as provided for in this act, such operator shall be
deemed guilty of a misdemeanor, and on conviction thereof shall
be fined not less than ten dollars nor more than one hundred
dollars, in the discretion of the court, and shall stand committed
to the county jail until such fine is paid, and, in addition thereto,
LABOR LAW S— ILLINOIS— ACTS OF 1911,
102T
the State inspector or State mining board is hereby authorized
to make, or cause to be made, an accurate map or plan of such
mine at the expense of the operator thereof; and the cost of the
same may be recovered by law from the operator in the same
manner as other debts by suit, in the name of the State inspec
tor or the State mining board, and for his or its use, and copies
of the same shall be filed by him or the board, one each with said
recorder and said manager of the rescue stations.
Sec. 8. ( a ) Any shaft or other opening in process of sinking, S i n k i n g
or driving, for the purpose o f mining coal, shall be subject to the shafts, etc.
inspection of the State inspector of mines for the district in which
said shaft or opening is located.
(&) Over every shaft that is being sunk or shall hereafter be
sunk, there shall be a safe and substantial structure to sup
port sheaves or pulley ropes at a height not less than 15 feet
above the tipping place. The landing platform of such shaft shall
be so arranged that material can not fa ll into the shaft while the
bucket is being emptied or taken from the hoisting rope. I f pro
visions are made to land a bucket on a truck, said truck and plat
form shall be so arranged that material can not fall into the shaft.
(c) Rock or coal shall not be hoisted except in a bucket or on
a cage when men are in the bottom of the shaft; and said bucket
or cage must be connected to the hoisting rope by a safety hook,
clevis or other safety attachment The rope shall be fastened to
the side of the drum and not less than three coils of rope shall
remain on the drum. In shafts over 100 feet in depth, suitable
provisions shall be made to prevent the bucket from swinging
while being lowered or hoisted, and guides provided for this pur
pose shall be maintained at a distance of not more than 75 feet
from the bottom of the shaft.
( d ) An efficient brake shall be attached to the drum of the
engine used for hoisting in shaft sinking, and the drum shall be
provided with a flange on each end not less than 4 inches in
height.
( e ) Not more than four persons shall be lowered or hoisted in
or on a bucket in a shaft at one time, and no person shall ride on
a loaded bucket.
( /) All blasts in shaft sinking shall be exploded by electric
battery.
( g ) Provision shall also be made for the proper ventilation of
shafts while being sunk.
( h ) No one but a certificated hoisting engineer shall be in
charge of the hoisting engines while a shaft is being sunk.
Sec. 9. (a ) For every coal mine in this State, whether worked ® 8 c a p e
by shaft, slope or drift, there shall be provided and maintained, snatts*
in addition to the hoisting shaft, or other place of delivery, an
escapement shaft or opening to the surface, or an underground
communicating passageway with a contiguous mine, so that there
shall be at least two distinct and available means of egress to all
persons employed in such coal mines.
(6 ) In mines sunk after the passage of this act, the first escape
ment shaft shall be separated from the main shaft by such extent
of natural strata as may be agreed upon by the inspector of the
district and the owner of the property, but the distance between
the main shaft and the escapement shaft shall not be less than 500
feet nor more than 2,000 fe e t: P rovid ed , That in mines employing
ten (10) men or less the distance between the hoisting shaft and
the escapement shaft shall not be less than two hundred and fifty
(250) feet.
(c)It shall be unlawful to employ underground, at any one time,
more men than in the judgment of the inspector are necessary
to complete speedily the connections with the escapement shaft
or adjacent mine; and said number must not exceed ten men at
any one time for any purpose in said mine until such escapement
or connection is completed.
The time allowed for completing such escapement shaft or mak- T i m e fo r
ing such connections with an adjacent mine, as is required by the comp et on*
1028
BU LLETIN OF TH E BUREAU OF LABOR.
terms of this act, shall be three months for shafts 200 feet or less
in depth, and six months for shafts less than 500 feet and more
than 200 feet, and nine months for all other mines, slopes of [or]
drifts, or connections with adjacent mines. The time to date in all
cases from the hoisting of coal from the hoisting sh aft: P rovid ed ,
That in mines employing ten (10) men or less, the time for com
pleting the escapement shaft shall not be more than six months
from the time of hoisting coal.
Stairways.
($ ) The escapement shaft at every mine opened after the
passage of this act shall be equipped with a substantial stairway,
set at an angle not greater than forty-five degrees, which shall
be provided with handrails, and with platforms or landings at
each turn of the stairway.
Cages.
I f any escapement shaft, at the time of the passage of this act,
be equipped with a cage for hoisting men, such shaft, cage and all
equipment used in connection therewith must conform to the
requirements of this act in reference to the hoisting and lowering
of men.
Passageways,
( e ) Such escapement shaft or opening or communication with
a contiguous mine as aforesaid, shall be constructed in connection
with every seam of coal worked in such mine, and all* passage
ways communicating with the escapement shaft or place of exit,
from the main hauling ways to said place of exit, shall be main
tained free of obstruction at least 5 feet high and 5 feet wide.
Such passageways must be so graded and drained that it will be
impossible for water to accumulate in any depression or dip of the
same in quantities sufficient to obstruct the free and safe passage
of men. No passageway to an escapement shaft shall pass through
a stable. A t all points where the passageway to the escapement
shaft or other place of exit is intersected by other roadways or
entries, conspicuous signboards shall be placed indicating the di
rection it is necessary to take in order to reach such place of exit.
( /) When operators of adjacent mines have, by agreement, es
tablished underground communications between said mines as an
escapement outlet for the men employed in both, the intervening
doors shall remain unlocked and ready at all times for immediate
use.
When such communication has once been established between
contiguous mines, the operator of either shall not close the same
without the consent of the operator of the contiguous mine and
of the State inspector for the district: P ro vid ed , That when either
operator desires to abandon mining operations the expense and
duty of maintaining such a communication shall devolve upon the
party continuing the operations and using the same.
G a te s at
Sec. 10. (a ) The upper and lower landing at the top of each
landings.
shaft, and the opening of each intermediate seam from or to the
shaft, shall be kept clear and free from loose materials, and shall
be protected with automatic or other gates. A t the top landing
cage supports, where necessary, must be carefully set and ad
justed so as to securely hold the cage when at rest.
Lights.
( b ) Whenever the hoisting or lowering of men occurs before
daylight or after dark, or when the landing at which men take or
leave the cage is at all obscured by steam or otherwise, there must
always be maintained at such landing a light sufficient to show
the landing and surrounding objects distinctly. Likewise, as long
as there are men underground in any mine the operator shall
maintain a good and sufficient light at the bottom of the shaft
thereof, so that persons coming to the bottom may clearly discern
the cage and objects in the vicinity.
Hcisting ap(c) Every shaft in which men are hoisted and lowered must
paratus.
equipped with a cage, or cages, fitted to guide-rails running
from the top to the bottom. Said cages must be substantially
constructed; they must be furnished with sheet-metal covers ade
quate to protect persons riding thereon from falling objects;
they must be equipped with safety catches. Every cage on which
persons are carried must be fitted with iron bars or rings in
proper place and sufficient number to furnish a secure hand-hold
LABOR LAW S— ILLINOIS---- ACTS OF 1911,
for every person permitted to ride thereon. There shall be at
tached to every cage on which men are, or may be, hoisted or
lowered, a horn or other device with which signals can be given
on the cage.
(cl) In connection with every hoisting engine used for hoisting
or lowering of men there shall be provided as follow s:
(1) A good and sufficient brake on the drum, so adjusted that
it may be operated by the engineer without leaving his post at
the levers.,
(2) Flanges attached to the sides of the drum, with a distance
when the whole rope is wound on the drum of not less than 4
inches between the outer layer of rope and the greatest diameter
of the flange.
(3) One end of each hoisting rope shall be well secured on the
drum, and at least three laps of the same shall remain on the
drum when the cage is at rest at the lowest caging place in the
shaft.
The lower end of each rope shall be securely fastened to the
cage by suitable sockets and chains.
(4) An index dial or indicator that plainly shows the engineer
at all times the true position of the cages in the shaft.
(e) A t every mine where men are hoisted and lowered by Signal
machinery there shall be provided means of signaling to andtemfrom the bottom man, the top man and the engineer. The signal
system shall consist of a tube, or tubes, or wire encased in wood
or iron pipes, through which signals shall be communicated by
electricity, compressed air or other pneumatic devices, or by
ringing a bell. When compressed air or other pneumatic devices
are used for signaling, provision must be made to prevent signal
from repeating or reversing. The following signals shall be used
at mines where signals are required:
From the bottom to the top: One ring or whistle shall signify
to hoist coal or the empty cage, and also to stop either when in
motion.
Two rings or whistles shall signify to lower cage.
Three rings or whistles shall signify that men are coming up
or going down; when return signal is received from the engineer
the men shall get on the cage and the proper signal to hoist or
lower shall be given.
Four rings or whistles shall signify to hoist slowly, implying
danger.
Five rings or whistles shall signify accident in the mine and
a call for a stretcher.
Six rings or whistles shall signify hold cage perfectly still
until signaled otherwise.
From top to bottom, one ring or whistle shall signify: A ll ready,
get on cage.
Two rings or whistles shall signify: Send away empty cage.
P ro vid ed , That the operator of any mine may, with the consent
of the inspector, add to this code of signals in his discretion.
The code of signals in use at any mine shall be conspicuously
posted at the top and at the bottom of the shaft, and in the
engine room at some point in front of the engineer when standing
at his post.
( /) Every boiler shall be provided with a glass water gauge steam
and not less than three try cocks and also a steam gauge, except ers.
that where two or more boilers are equipped with a steam drum
properly connected with the boilers to indicate the steam pres
sure and without any valves between said boilers and the steam
drum, the steam gauge may be placed in said steam drum; and
other steam gauge shall be attached to the steam pipe in the
engine house, each to be placed in such a position that the engi
neer and the fireman can readily see what pressure is being car
ried. Such steam gauges shall be kept in good order, and ad
justed and be tested as often, at least, as every six months.
(g ) Every boiler shall be provided with a safety valve with
weights or springs properly adjusted, except that where two or
25202°— Bull. 97— 12------11
1029
sys-
boil-
1030
BU LLETIN OF TH E BUREAU OF LABOR.
more boilers are equipped with a steam drum properly connected
with the boilers to indicate the steam pressure and without any
valves between said boilers and the steam drum, the safety value
[valve] may be placed in said steam drum.
(h )
A ll boilers used in generating steam in and about coal
mines or sinking shafts shall be kept in good order, and the
operator of every coal mine where steam boilers are in use shall
have said boilers thoroughly examined and inspected by a com
petent boiler maker or other qualified person, not an employee of
said operator, as often as once in every six months, and oftener
if the mine inspector shall so require in writing, and the result
of every such inspection shall be reported on suitable blanks to
said mine inspector.
W a y s at
( i ) A t every underground landing where men enter or leave
landings.
the cage and where men must pass from one side of the cage to
the other there shall be a passageway, free from obstruction and
dry as possible, around the shaft not less than three feet wide
for the use of men only; and animals or cars shall not be taken
through such passageway while men are passing or desirous of
passing through such passageway.
Ref uge
( /) A refuge place or places for men coming out at the close
places.
0f the day’s work shall be provided off the main bottom of cageroom in shaft mines, at a place or places and of such size as
shall be approved by the State mining inspector. Such place or
places shall be not more than 400 feet from the hoisting shaft.
When leaving such refuge places to be hoisted out, the men shall
be governed by the rules of the mine.
W a y s and
( k ) No accumulation of ice or obstructions of any kind shall
clearS t0 bebe permitted in any shaft in which men are hoisted or lowered;
nor shall any dangerous gases or steam be discharged into said
shaft in such quantities or at such times as to interfere with the
safe passage of men. A ll surface or other water which flows
therein shall be conducted by rings or otherwise to receptacles
provided for the same in such m anner as to prevent w ater from
falling upon men while passing into or out of the mine or while
in the discharge of their duties about the shaft bottom.
(1)
A ll shafts by which men enter or leave the mine, and the
passageways leading thereto, or to the works of a contiguous
mine used as an escapement shaft shall be carefully examined
at least once each week that the mine is operating and the date
and findings of such an examination entered promptly in the
books kept at the mine for that purpose. I f obstructions to the
free passage of men are found, their location and nature shall
be stated in said report. Such obstructions shall be promptly
removed.
Buildings.
S ec . 11, (a ) After the passage of this act, there shall not be
erected or reerected on the surface within 100 feet of any hoist
ing shaft or escapement shaft, any inflammable structure: P ro
vided, That this paragraph shall not apply to mines employing ten
(10) men or less.
Storage o f
(b ) No oils or similarly inflammable materials shall be stored
oils*
within 100 feet of any hoisting or escapement shaft, nor in any
mine.
A ll explosive materials shall be stored in a fireproof magazine
located on the surface not less than 500 feet from all other build
ings in connection with the mine, and such magazine shall be so
placed as not to jeopardize the free and safe exit of men from the
mine in case of an explosion at the magazine.
(c)
Any building erected after the passage of this act, for the
purpose of housing the hoisting engine or boilers at any mine, shall
be substantially fireproof, and no boiler house shall be nearer than
sixty feet to the main shaft or other opening, or to any building or
inflammable structure connecting therewith.
Signal men.
S ec . 12. ( a ) A t every shaft where men are hoisted or lowered
by machinery, the operator shall station at the top and at the
bottom of such shaft a competent man who shall be and is hereby
charged with the duty of attending to signals, and is empowered
LABOR LAW S— ILLINOIS— ACTS OF 1911,
1031
to preserve order and enforce the rules governing the carriage of
men on cages. Said top men [man] and bottom man shall be at
their respective posts of duty at least half an hour before the
hoisting of coal begins in the morning, and remain for half an hour
after the hoisting ceases for the day.
(b) Cages on which men are riding shall not be lifted nor Speed, etc.,
lowered at a rate of speed greater than six hundred feet p erof cages,
minute, except with the written consent of the inspector. No
person shall carry any tools, timber or other materials with him
on any cage in motion, except for use in repairing the shaft, and
no one shall ride on a cage containing either a loaded or empty
car. No cage having an unstable or self-dumping platform shall
be used for the carriage of men or materials, unless the same is
provided with some device by which said platform can be securely
locked, and unless it is so locked whenever men or materials are
being conveyed thereon. No coal shall be hoisted in any shaft
while men are being lowered therein.
(c) Whenever men who have finished their day’s work, or have M en to be
been prevented from further work, shall come to the bottom to be taken out.
hoisted out, an empty cage shall be given them for that purpose,
unless there is an available exit by slope or stairway in an
escapement shaft, and providing there is no coal at the bottom
ready to be hoisted. In case of injury or bona fide illness, a man
shall be given a cage at once.
S ec . 13. ( a ) A t every mine in this State, the operator shall
S a f e t y
provide and keep in condition for use not less than two safety lamps*
lamps and shall provide and keep as many more as may be re
quired in writing by the State mine inspector. Davy lamps shall
not be used for any purpose except testing.
(b) A ll safety lamps shall be the property of the operator and
when not in use shall remain in the custody of the mine manager
or other competent person designated by him, who shall clean,
fill, trim, examine and deliver same locked and in safe condition
to the men when they enter the mine, or at some underground
station designated by the mine manager for that purpose. He
shall also receive the lamps from the men when they leave the
mine or as they pass the underground lamp station at the end of
their shift.
The person to whom lamps are thus given shall be responsible
for the condition and proper use of the safety lamps while in their
possession, and their return to the lamp station.
No safety lamps shall be given to any person for use in a mine
nor shall any person use a safety lamp in a mine until said person
has given evidence satisfactory to the mine manager that he un
derstands the proper use thereof and the danger of tampering
with the same.
(e) No person except one duly authorized by the mine manager
shall have in his possession in any part of the mine where locked
safety lamps are used any matches or other means of producing
fire, or any lamp key or other instrument usable for the opening
of a locked safety lamp. Any person violating the provisions of
this section shall be guilty of a misdemeanor and punishable as
hereinafter provided relating to misdemeanors under this act.
( d ) Electric lamps which will not ignite explosive gases may
be used instead of safety lamps for purposes for which safety
lamps are required in this act except for testing for explosive gas.
S ec . 14. (a ) At every coal mine there shall be provided and
Ventilation,
maintained artificial means for supplying an amount of air which
shall be not less than 100 cubic feet per minute for each person,
and not less than 500 cubic feet per minute for each animal in
the mine, measured at the foot of the downcast and of the upcast;
except that in gaseous mines there shall be not less than 150 cubic
feet of air per minute for each person in the mine. The inspector
shall have power by order in writing to require these quantities
to be increased.
(b) The main current of air shall be so split or subdivided as
to give a separate current of reasonably pure air to every 100 men
1032
BULLETIN OF TH E BUREAU OF LABOR.
at work, and the inspector shall have authority to order, in writ
ing, separate currents for smaller groups of men, if, in his judg
ment, special conditions render it necessary.
( c ) Doors, curtains or brattices shall be placed at such places
as may be designated by the mine manager, subject to the ap
proval of the State inspector, for conducting the required amount
of air into the working places. Curtains shall not be permanently
used in main entries without the written consent of the State
mine inspector.
(d ) Away from the pillar for the mine bottom, cross-cuts be
tween entries shall be made not more than sixty feet apart with
out permission of the State inspector of the district and then only
in case of “ faults.” When such consent is given, brattice or other
means must be provided within sixty feet of the face to convey
the air to the working place until a crosscut is opened up.
When undercut or sheared, the entry, crosscut and room neck
may be advanced concurrently, but not more than one cutting
shall be shot in the room neck until the crosscut is finished; and
after the entry has advanced fifteen feet beyond the location of
the new crosscut, only one shot shall be fired in the entry to two
in either or both the crosscut and room neck at the same shooting
time.
When not undercut or sheared, the entry and crosscut may be
advanced concurrently, but no room shall be opened in advance
of the last open crosscut, and after the entry has advanced fif
teen feet beyond the location of a new crosscut only one shot
shall be fired in the entry to two in the crosscut at the same shoot
ing time.
Not more than three shots shall be exploded at one shooting
time ahead of the last open crosscut.
(e) After the taking effect of this act, the first crosscut in
the first room off any entry shall not be more than 50 feet from
the rib of the entry, and the first crosscut in the second room
shall not be more than 80 feet from the rib of the entry, sub
sequently first crosscuts in all the rooms shall be not more than
50 and 80 feet respectively from the rib of the entry. Additional
crosscuts shall not be more than 60 feet apart
( /) A ll crosscuts connecting inlet and outlet air courses, ex
cept the last one nearest the face, shall be closed with substan
tial stoppings to be made as nearly air-tight as possible. In the
making of the air-tight partitions or stoppings, no loose material
or refuse shall be used.
Crosscuts between rooms, except the one nearest the face, shall
be closed sufficiently to carry to the working places the amount
of air required by law.
(g ) When explosive gas in dangerous quantity is discovered
in working places before the men go into the mine in the morning,
such gas shall be removed by a special current of air produced
by bratticing or from a pipe, before men are permitted to work
in such places with other lights than safety lamps.
(h ) If, in any mine, the conditions are such that in the Judg
ment of the mine manager or the judgment of the State mine
inspector expressed in writing, it is necessary to use safety lamps
only in working said mine, other lights shall not be used therein.
( i) The air from the outlet of the stable shall not pass into
the intake air current used for ventilating the working parts of
the mine.
O') A ll doors in mines, used in guiding and directing the
ventilating currents shall be hung and adjusted so as to close
automatically.
Door tenders,
(fc) A t all doors through which three or more drivers are
hauling coal on any one Shift, an attendant shall be employed on
said shaft [shift] for the purpose of opening and closing said doors
when trips of cars are passing to and from the workings: P ro
vid ed , The mine inspector in case of specially dangerous condi
tions, shall have power to require in writing that an attendant
be placed at doors through which less than three drivers pass.
LABOR LAW S— ILLINOIS---- ACTS OF 1911.
1033
Places for shelter shall be provided at such doorways to protect
the attendants from being injured by the cars while attending
to their duties: P ro vid ed , That in any or all mines, where doors
are constructed in such a manner as to open and close auto
matically, attendants and places for shelter shall not be required.
( l ) If the inspector shall find men working without the amount
of air required by law, he shall at once notofy the mine manager
to increase the amount of air in accordance with the law. Upon
the failure or refusal of the manager to act promptly, and in
all cases where men are endangered by such lack of air, the
inspector shall at once order the men affected out of the mine.
( m ) In case the passageways, roadways or entries of any mine
are so dry that the air becomes charged with dust, the operator
of such mine must have such roadways regularly and thoroughly
sprayed, sprinkled or cleaned.
Sec. 15. ( a ) On all single-track haulage roads, where hauling R e f u g e
is done by machinery, which roads the persons employed in the places*
mine must use while performing their work or travel on foot
to and from their work, there shall be places of refuge on one
side not less than 3 feet in depth from the side of the car, and
not less than 4 feet long and 5 feet in height and not more than
60 feet apart. On rope-haulage roads, means of signaling shall
be established between the haulage engineer and all points on the
road. A conspicuous white light must be carried on the front, and
a conspicuous red light or white signal board on the rear of
every trip or train of pit cars moved by machinery.
(b) On all haulage roads on which the hauling is done by
draft animals, whereon men are obliged to be in the performance
of their duties or have to pass to and from their work, there
shall be places of refuge not less than 2| feet in width from the
side of the car, and not less than 4 feet long and 5 feet in height
and not more than 60 feet apart.
(c) Refuge places shall not be required in entries on which
room necks at regular intervals not exceeding 60 feet furnish
the required refuge places.
(d ) A ll places of refuge must be kept clear of obstructions
and no material shall be stored nor be allowed to accumulate
therein. They shall also be whitewashed not less than once in
six months.
(e) One side of all haulage roads shall be kept clear of refuse
or materials, except timbering, unless the rib or timbering on
such side shall be 2J feet or more from the rail, but in such
case materials or refuse shall not be permitted within 2\ feet
of the rail.
Sec. 16. When there is more than one link on either end o f C o u p l i n g
car, no swinging open-hook coupling shall be used on mine cars carsinstalled after this act shall be in force.
Mine cars in use when this act shall become in force.and effect
shall be made to comply with this provision within one year
thereafter.
Sec. 17. (a ) Trolley wires or other exposed electrical wires E l e c t r i c
shall not carry a voltage above 275 volts.
wires.
(b) A ll trolley and positive feed wires crossing places where
persons or animals are required to travel shall be safety guarded
or protected from such persons or animals coming in contact
therewith.
( c ) A ll terminal ends of positive wires shall be guarded so as
to prevent persons inadvertently coming in contact therewith.
Sec. 18. ( a ) A ll illuminating oils used in coal mines shall Illuminating
conform to such specifications as shall be prescribed by th e011.
State mining board.
(b)
A ll oils sold or offered for sale to be rise for illuminating
purposes in coal mines shall be stamped or branded upon the
original barrel or package in which said oil is furnished to the
person, firm or corporation selling or furnishing such oil to show
that such oil has been tested and found to conform to the speci
fications prescribed by the State mining board.
1034
BU LLETIN OP TH E BUBEAU OP LABOB.
(c) Any person, firm or corporation, either by themselves,
agents or employees, selling or offering to sell for illuminating
purposes in any mine in this State any oil not complying with
the specifications of the State mining board as suitable for illumi
nating purposes as contemplated in this act, shall be deemed
guilty of a misdemeanor, and, upon conviction thereof, shall be
fined not less than twenty-five dollars, nor more than one hun
dred dollars for each offense; and any mine owner or operator
or employee of such owner or operator who shall knowingly use,
or any mine operator who shall knowingly permit to be used,
for illuminating purposes in any mine in this State any oil the
use of which is forbidden by this act, shall be guilty of a mis
demeanor, and shall be fined not less than five dollars nor more
than twenty-five dollars.
( d ) The State mine inspectors shall have authority to sample
all oil used for illuminating purposes in the mines of this State,
or kept on hand for use or for sale at such mines, and for such
purpose they may enter upon the premises of any person. It shall
be their duty to send to the State mining board to be tested a
sample of any oil they have reason to suspect does not comply
with the specifications o f the State mining board in regard to
illuminating oil for use in mines; and if the said sample of oil is
found after suitable tests not to comply with the provisions of
this act, the person using said oil or selling or offering the same
for sale, shall be prosecuted in accordance with the provisions of
this act.
P o w d e r in
Sec. 19. (a ) No blasting powder, or other explosives, shall be
mines.
stored in any coal mine, and no workman shall have at any time
in the mine more than thirty-five pounds of black powder nor
more than twenty-five pounds of permissible explosives, nor
more than three pounds of other high explosives: P rovid ed , That
nothing in this section shall be construed to prevent the operator
of any mine from taking into the mine, when miners are not
therein, and in electrically equipped mines; while the current is
turned off on roadways through which it is transported, a suffi
cient quantity of powder for the reasonable requirements of such
mine for the next succeeding working day, but in the interim be
fore such powder is delivered to the men, it shall be kept in a
closed receptacle.
Explosives shall not be carried in the same car with tools or
other materials.
(&) Every person who has powder or other explosives in a
mine shall keep the same in a wooden box, securely locked, with
hinged lid, and said box shall be kept as far as practicable from
the track; and all powder boxes shall be kept as far as practicable
from each other and each in a secluded place. Black powder and
high explosives or caps shall not be kept in the same box. Det
onating explosives and detonators shall not be kept in the same
box.
(c)
Whenever a workman is about to open a box or keg con
taining powder or other explosive, and while 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 an open keg of powder or
other explosive with a lighted lamp, lighted pipe or other thing
containing fire. No miner, workman or other person shall open
any receptacle containing an explosive except by the means of
opening the same provided by the manufacturer thereof, and it
shall be unlawful for any person to have in his possession in any
mine any receptacle containing explosive which has been opened
in violation of this act.
{d ) The quantity of powder to be used in the preparation of
Charges.
shots shall not, in any case, exceed five (5 ) standard charges full
of powder in coal seams five and one-half (5£) feet or over in
thickness; and shall not, in any case, exceed four (4) standard
LABOR LAW S— ILLINOIS---- ACTS OF 1911.
1035
charges full of powder in coal seams under five and one-half (51)
feet in thickness.
(e)
For the purpose of determining the quantity of powder to
be used in the preparation of any given shot, a standard charger
is defined and prescribed to be a cylindrical metallic charger not
to exceed twelve (12) inches in length and not to exceed one and
one-half (11) inches in diameter.
( /) No person shall drill or shoot a dead hole as hereinafter Blasting,
defined. A “ dead hole” is a hole where the width of the shot
at the point measured at right angles to the line of the hole is so
great that the heel is not of sufficient strength to a least balance
the resistance at the point. The heel means that part of the shot
which lies outside of the powder.
In solid shooting, the width of the shot at the point, in seams
of coal 6 feet or less in height, shall not be greater than the height
of the coal, and in seams or [of] coal more than 6 feet in thickness,
the width of the shot at the point shall, in no case, be more than 6
feet.
In undercut coal, no hole shall be drilled “ on the solid” for
any part of its length.
( g ) In no case shall more than one kind of explosive be used
in the same drill hole.
( h ) The needle used in preparing a blast shall be made of cop
per, and any metallic tamping bar or scraper shall be tipped with
at least five (5) inches of copper. A scraper shall not be used
for tamping.
( i ) Every blasting hole shall be tamped full from the explosive
to the mouth of the hole, and no coal dust or any material that is
inflammable or that may create a spark, whether the same shall
be wet or dry, shall be used for tamping.
(i)
When a squib is used to fire a shot it shall be unlawful to
shorten or oil the match of the squib or to ignite it except at the
end.
( k ) Before firing a shot, the person firing the same shall see
that all persons are out of danger from the probable effects of
such shot, and shall take measures to prevent any one approaching
by shouting “ fire ” before lighting the same.
(?) Not more than one shot shall be lighted at the same time in
any working place unless the firing is done by electricity or by
fuses of such length that the interval between the explosions of
any two shots shall be not less than one minute, and in no case
shall any shot or shots be fired or lighted which are termed de
pending or dependent shots, until after the expiration of ten
minutes from the successful firing of the relieving shot or shots.
When successive shots are to be fired in any working place in
which the roof is broken or faulty, the smoke shall be allowed to
clear away and the roof examined and made secure between shots.
( m ) No person shall return to a missed shot, if lighted with a
squib, until five (5) minutes have elapsed from the time of light
ing the same, or, if lighted with fuse, until the following day; and
no person shall return to a missed shot when the firing is done
by electricity unless the wires are disconnected from the battery.
( n ) No missed shot shall be withdrawn excepting by the use
of copper-tipped or wooden tools.
Sec. 20. (a ) It shall be the duty of the mine manager:
Du t i e s of
1. To visit each working place in the mine at least once in two mine managers,
weeks.
2. To provide a suitable checking system whereby the entrance
into and departure from the mine of each employee shall be indi
cated.
3. To have the underground workings of the mine examined by
a certificated mine examiner within twelve hours preceding every
day upon which the mine is to be operated. Such a mine exami
ner shall make the examination as provided in this act, and he
shall enter his report thereof before the men are permitted to enter
the mine in the morning in a book provided for that purpose,
which book shall be kept in some convenient place on top, but not
1036
BULLETIN OF TH E BUREAU OF LABOR.
in the engine room or office, for the information of the inspector
and other persons interested therein.
4. To examine the mine examiner’s report in the morning, and
if the working places are reported dangerous, he shall withhold
the entrance checks of men working in such places until he' has
advised such men of the danger and instructed them not to work
in such places until the reported danger has been removed, except
for the purpose of removing same.
5. When there is to be a night shift mining coal, the mine
manager shall require the places in which such night shift are ex
pected to work to be examined for gas, or falls or dangerous roof,
by the person in charge of such night shift or some competent per
son duly authorized by him before the men enter such places for
work. The night shift may go into the mine while the night ex
aminer is in the mine, excepting in mines where marsh gas has
been detected in dangerous quantities, provided they do not go
into the working places until the required examination is made.
Certificated mine examiners shall not be required for the exami
nation preceding the night shift, excepting in mines where marsh
gas is detected in dangerous quantities. The night examiner, or
examiners, shall make a record of their examination in a special
book kept for that purpose, which shall be kept in some convenient
place on top when not in use by the examiner.
6. He shall provide a sufficient number of props, caps and tim
bers, when demanded, delivered on the miners’ cars at the usual
place, in suitable lengths and dimensions for the securing of the
roof by the miners.
7. He shall see that the crosscuts are made at proper distances
apart, and that the necessary doors, curtains, and brattices are
provided to secure the men in the mine the volume of air required
by this act, or by the written demands of the mine inspector; also;
that all stoppings along airways are properly and promptly built/
8. He shall keep careful watch over all ventilating apparatus
and the air currents in the mine, and in case of accident to fan or
machinery by which the air currents are stopped or materially ob
structed, he shall at once order the withdrawal of the men from
the mine and prohibit their return until the required ventilation
has been reestablished.
9. He shall measure the air current or cause of [the] same to be
measured at least once each week at the inlet and outlet, and shall
keep a record of such measurements for the information of the
mine inspector.
10. He or his assistant shall, at least once a week, examine
the roadways leading to the escapement shaft or other openings
for the safe exit of men to the surface; and shall make a record
of any obstructions to travel he may encounter therein, together
with the date of their removal.
11. He shall examine or designate a competent person to examine
the hoisting ropes, cages and safety catches every morning, and
shall require the ropes to be tested by hoisting the cages before the
men are lowered.
12. He must see that the top man and bottom man are on duty
and that sufficient lights are maintained at the top and bottom
landings when the miners are being hoisted and lowered.
13. The mine manager or his assistant shall be at his post at the
mine when the men are lowered into the mine in the morning for
work, and shall remain at night until all the men employed dur
ing the day shall have been hoisted out.
14. He shall give special attention to and instructions concern
ing the proper storage and handling of explosives in the mines.
15. He shall see that all dusty haulage roads are thoroughly
sprinkled at regular intervals designated by the mine inspector.
(&) The mine manager shall have power:
1.
To instruct employees as to their respective duties and to re
quire of all employees obedience to the provisions of the mining
law.
LABOR LAW S— ILLINOIS---- ACTS OF 1911,
1037
2. To prescribe special rules concerning the proper storage and
handling of explosives in the mine and concerning the time and
manner of placing and discharging the blasting shots, and it shall
be ulawful for any miner to fire shots except according to such
rules.
3. In mines in which the works are so extensive that all the
duties devolving upon the mine manager cannot be discharged by
one man, competent persons may be designated and appointed as
assistants to the mine manager, who shall exercise his functions
under the mine managers’ instructions.
S ec . 21. (a ) A certificated mine examiner shall be required at # Mine examall coal mines. There shall be one or more additional certifi-inerscated mine examiners whenever required in writing by the State
mine inspectors when the conditions are such as to make the em
ployment of such additional mine examiners necessary.
(b ) It shall be the duty of the mine examiner:
1. To examine the underground workings of the mine within Duties,
twelve hours preceding every day upon which the mine is to be
operated.
2. When in the performance of his duties, to carry with him a
safety lamp in proper order and condition and a rod or bar for
sounding the roof.
3. To see that the air current is traveling in its proper course
and in proper quantity; and to measure with an anemometer the
amount of air passing in the last crosscut or break through of
each pair of entries, or in the last room of each division in longwall mines, and at all other points where he may deem it neces
sary; and to note the results of such measurements in the mine
examiner’s book kept for that purpose.
4. To inspect all places where men are required in the per
formance of their duties to pass or to work, and to observe
whether there are any recent falls or dangerous roof or accumu
lations of gas or dangerous obstructions in rooms or roadways;
and to examine esi)ecially the edges and accessible parts of recent
falls and old gobs and air courses.
5. As evidence of his examination of said rooms and roadways,
to inscribe in some suitable place on the walls of each, not on
the face of the coal, with chalk, the month and the day of the
month of his visit.
6. When working places are discovered in which there are
recent falls or dangerous roof or dangerous obstruction, to place
a conspicuous mark or sign thereat as notice to all men to keep
out; and in case of accumulation of gas, to place at least two
conspicuous obstructions across the roadway not less than twenty
feet apart, one of which shall be outside the last open cross-cut.
7. Upon completing his examination, to make a daily record of
the same in a book kept for that purpose, for the information of
the company, the inspector and all other persons interested; and
this record shall be made each morning before the miners are
permitted to enter the mine.
8. To take into his possession the entrance checks of all men
whose working places have been shown by his examination and
record to be dangerous, and to give such entrance checks to the
mine manager before the men are permitted to enter the mine in
the morning.
S ec . 22. It shall be the duty of the hoisting engineer:
Du t i e s of
1. To be in constant attendance at his engine or boilers at all hoisting engi
times when there are workmen underground. Whenever it is the neersduty of the engineer to attend to the boilers, means for signaling
from the shaft bottom to the boiler room shall be provided.
2. He shall not permit any one except persons duly authorized
to enter the engine-room, and he shall hold no communication with
any officer of the company or other person while the engine is in
motion or while his attention is occupied with the signals.
3. The engineer or some other properly authorized employee shall:
(a ) Keep a careful watch over the engines, boilers, pumps,
ropes and winding apparatus under his jurisdiction.
1038
BULLETIN OF TH E BUREAU OF LABOR,
(b) See that the boilers under his care are properly supplied
with water, cleaned and inspected at frequent intervals.
(c) See that the steam pressure does not exceed the limit
established by the boiler inspector, and frequently try the try
cocks and the safety valves and shall not increase the weights
on the same.
(d) See that the steam and water gauges are kept in good
order, and if any of the pumps, valves or gauges become de
ranged or fail to act, promptly report the fact to the proper au
thority.
4. He shall thoroughly understand the established code of sig
nals, and when he has the signal that men are on the cage, he
must operate his engine at not to exceed the rate of speed per
mitted by this act.
5. He shall permit no one to handle, except in the discharge of
duty, or meddle with any machinery under his charge or suffer
any one who is not a certificated engineer to operate his engine
except for the purpose of learning to operate it, and then only in
the presence of the engineer in charge and when men are not on
the cage.
Prohibited
S ec . 23. (a ) It shall be unlawful for any person knowingly or
acts.
negligently:
1. To injure or tamper with any appliance or machinery.
2. To carry an open light, pipe or fire in any form into any
place worked by the light of safety lamps, or within five feet of
an open package of explosive.
3. To open any locked safety lamp without permission from the
proper authority.
4. To handle or disturb any part of the hoisting machinery
without proper authority.
5. To obstruct or cause any obstruction in any air current or
to leave open any door or other means provided to control the air
current or to perform any act that will interfere with the ven
tilating current of the mine without permission to do the same
from the mine manager.
6. To deface, pull down or destroy any notice board, danger
signal, special rule or record book.
In toxica t e d
(b) No person shall be permitted to or shall enter, work in or
persons.
about a mine or mine buildings, tracks or machinery connected
therewith while under the influence of intoxicants.
D u t i e s of
(c) Every miner shall sound and thoroughly examine the roof
miners.
of his working place before commencing work, and if he finds
loose rock or other dangerous conditions, he shall not work in
such dangerous place except to make such dangerous conditions
safe. It shall be the duty of the miner to properly prop and
secure his place for his own safety with materials provided there
for.
Rules to be
(d ) It shall be the duty of every operator to post at some
posted.
conspicuous point at the entrance to the mine, in such manner
that the employees of the mine can read them, rules not incon
sistent with this act, plainly printed in the English language,
which shall govern all persons working in the mine. And the
posting of such notice, as provided, shall charge all employees of
such mine with legal notice of the contents thereof.
Disobedienc e
( e ) It shall be unlawful for any person to disobey any order
of orders.
given in pursuance of this act, or to enter any place against a
danger signal without permission from the mine manager, or to
do any willful act whereby the lives or health of persons working
in mines or the security of the mine or the machinery thereof are
endangered.
Check s y s
( /) No mine employee shall enter or leave a mine without indi
tem.
cating the fact of entering or leaving said mine by some suitable
checking system provided by and under the control of the mine
manager.
( g ) No person, except the persons necessary to operate the trip
R i d i n g on
cars.
or car, shall ride on any loaded car or on the outside of any
car, or get on or off a car while in motion.
LABOR LAW S— ILLINOIS---- ACTS OJF 1911,
1039
( h ) It shall be unlawful to change, exchange, substitute, alter
Changing
or remove any number or check or other device or sign used to car cliecks*
indicate or identify the person or persons to whom credit or pay
is due for the mining of coal in any ear or appliance containing
the same, with intent to cheat or defraud any other person of the
value of his services for mining the coal contained in such ear or
appliance; and it shall be unlawful for a person with intent to
cheat or defraud any other to place any number, cheek or other
deviee or sign upon any car or other appliance loaded by any
other person in or about the mine. Any violation of this pro
vision shall be deemed a larceny, and upon conviction thereof
shall be punishable as provided in the general statutes o f Illinois
with respect to larceny.
S ec . 24. <«) In no case shall the workings o f any mine b e
Boundaries,
driven nearer than Id feet to the boundary line of the eoal rights
pertaining to said mine, except for the purpose of establishing
an underground communication between contiguous mines, as pro
vided for elsewhere in this act, or except by mutual agreement in
writing between the adjoining owners.
(&) Whenever any working place approaches within 50 feet o f A b a n d o n e d
abandoned workings of which there is a map prepared as required workings,
by law and which may contain dangerous accumulations o f water
or of gas, the operator of said mine shall advance by workings
not more than 20 feet wide and maintain in advance of the face
a bore hole not less than 10 feet in depth and one hole in each rib Bore holes,
o f the working place, 10 feet in depth, which side holes shall be
drilled so as to make an angle of not less than forty-five degrees
with the direction o f the rib. I f there is not a map of the aban
doned workings, the holes heretofore provided for shall be drilled
when the new workings are within 100 feet of where the old
workings are supposed to be.
S ec . 25. (a ) Any l-oss o f life or personal injury in or about any
Reports o f
coal mine shall be reported without delay by the person having accidents,
charge of said mine to the State mine inspector of the district in
which the mine is located, and the said inspector, in case of
injury, if he deem necessary from the facts reported, and in all
cases o f loss of life, shall go immediately to the scene of said acci
dent and render every possible assistance to those in need.
Every operator of a coal mine shall make or cause to be made
and preserve for the information of the State mine inspector,
upon uniform blanks furnished by said inspector, a record o f all
deaths and all injuries sustained by any of his employees in the
pursuance of their regular occupations.
<&) I f any person is killed in or about a mine, the operator inquests,
shall also notify the eoroner o f the county, or in his absence or
inability to act, any justice o f the peace of said county, who shall
bold an inquest concerning the cause o f such death. The State
mine inspector may question or cross-question any witness testify
ing at the inquest.
<c) The State mine inspector shall make a personal investigaInvestiga
tion as to the nature and cause o f all serious accidents within his tions.
jurisdiction. He shall make a record of the circumstances at
tending the same, as developed by the coroner’s inquest and his
town personal investigation, which record shall be preserved in
flie files in his office, and a copy thereof filed with the State
mining board. To enable him to make such investigation he
shall have power to compel the attendance o f witnesses and to
administer oaths or affirmations to them, and the cost of such
investigations shall be paid by the county in which such accident
1ms occurred, in the same manner as the costs of coroner’s in
quests are paid.
S ec . 26. A t every mine, it shall be the duty of the operator
Provisions
thereof to keep always on hand, and at some readily accessible for accidents*
place, a properly constructed stretcher, a woolen and waterproof
blanket, and a roll of bandages in good condition and ready for
immediate use for binding, covering and carrying any one who
may be injured at the mine. When 106 or more men are em
ployed at any mine, two stretchers and two woolen and two water-
1040
BU LLETIN OE TH E BUREAU OP LABOR.
proof blankets, with a corresponding number of bandages, shall
be provided and kept on hand. A t mines where firedamp is
generated, there shall also be provided and kept in store a suit
able supply of linseed or olive oil, for use in case where men are
burned by an explosion.
Scales.
Sec. 27. (a ) The operator of every coal mine where miners are
paid by the weight of their output, shall provide at such mine
suitable and accurate scales for the weighing of such coal, and a
correct record shall be kept of all coal so weighed, and said record
shall be open at all reasonable hours to the inspection of miners
and others interested in the product of said mine.
(b ) The person authorized to weigh the coal and keep the
Weighman.
record as aforesaid shall, before entering upon his duties, make
and subscribe to an oath before some person duly authorized to
administer oaths, that he will accurately weigh and carefully
keep a true record of all coal weighed, and such affidavit shall be
kept conspicuously posted at the place of weighing.
(c) The miners at work in any coal mine may employ a check
Check weigh
man.
weighman at their option and at their own expense, whose duty it
shall be to balance the scales and see that the coal is properly
weighed, and that a correct account of the same is kept, and for
this purpose he shall have access at all times to the beam box of
said scales, and be afforded every facility for verifying the weights
while the weighing is being done. The check weighman so em
ployed by the miners, before entering upon his duties, shall make
and subscribe to an oath before some person duly authorized to
administer oaths, that he will faithfully discharge his duties as
check weighman, and such oath shall be kept conspicuously posted
at the place of weighing.
Employment
Sec. 28. No boy under the age of sixteen years, and no woman
of women and or girl of any age, shall be permitted to do any manual labor in
children.
or about any mine, and before any boy can be permitted to work
in any mine he must produce to the mine manager or operator
thereof an affidavit from his parent or guardian or next of kin,
sworn and subscribed to before a justice of the peace or notary
public, that he, the said boy, is sixteen years of age.
The parent, guardian or next of kin shall submit in connection
with said affidavit, a certificate of birth, a baptismal certificate,
a passport or other official or religious record of the boy’s age or
duly attested transcript thereof, which certificate or transcript
thereof shall, for the purposes of this act, establish the age of
said boy.
Any person swearing falsely in regard to the age of a boy shall
be guilty of perjury, and shall be punished as provided in the
general statutes of the State pertaining to perjury.
Sec. 29. (a ) Any willful neglect, refusal or failure to do the
Violations.
things required to be done by any section, clause or provision of
this act, on the part of the person or persons herein required to
do them, or any violation of any of the provisions or requirements
hereof, or any attempt to obstruct or interfere with any inspector
in the discharge of the duties herein imposed upon him, or any
refusal to comply with the instructions of an inspector given by
authority of this act shall be deemed a misdemeanor punishable
by a fine not exceeding five hundred dollars, or by imprisonment
in the county jail for a period not exceeding six months, or both,
at the discretion of the court: P ro vid ed , That in addition to the
above penalties, in case of the failure of any operator to comply
with the provisions of this act in relation to the sinking of escape
ment shafts and the ventilation of mines, the State’s attorney for
the county in which such failure occurs, or any other attorney, in
case of his neglect to act promptly, shall proceed against such
operator by injunction without bond, to restrain him from con
tinuing to operate such mine until all legal requirements shall
have been fully complied with.
(b ) Any inspector who shall discover that any section of this
act, or part thereof, is being neglected or violated, shall order
immediate compliance therewith, and, in case of continued fail-
LABOR LAW S— ILLINOIS— ACTS OF 1911,
1041
ure to comply, shall have power to stop the operation of the mine,
or remove any offending person or persons from the mine until
the law is complied with.
(c) For any injury to person or property, occasioned by any
willful violation of this act, or willful failure to comply with any
of its provisions, a right of action shall accrue to the party in
jured, for any direct damages sustained thereby; and in case of
loss of life by reason of such willful violation or willful failure as
aforesaid, a right of action shall accrue to the personal represen
tatives of the person so killed for the exclusive benefit of the
widow and next of kin of such person and to any other person or
persons who were, before such loss of life, dependent for support
on the person or persons so killed, for a like recovery of damages
for the injuries sustained by reason of such loss of life or lives
not to exceed the sum of ten thousand dollars: P ro v id ed , That
every such action for damages in case of death shall be com
menced within one year after the death of such person: A n d ,
p rovid ed , fu rth er, That the amount recovered by the personal
representative of the person so killed shall be distributed to the
widow and next of kin of such person in the proportion provided
by law in relation to the distribution of personal property left by
persons dying intestate: P rovid ed , That if and whenever there
shall be in force in this State, a statute or statutes providing for
compensation to workmen for all injuries received in the course
of their employment, the provisions thereof shall apply in lieu of
the right of action for damages provided in this act.
S ec . 30. ( a ) Where used in this act, the words “ mine” and
Definitions,
“ coal m ine” are intended to signify any and all parts of the
property of a mining plant, on the surface or underground, which
contribute, directly or indirectly, under one management, to the
mining or handling of coal.
• (b) The words “ excavation” and “ workings” signify any or
all parts of a mine excavated or being excavated, including shafts,
slopes, tunnels, entries, rooms and working places whether aban
doned or in use.
(c ) The term “ shaft” means any vertical opening through the
strata which is or may be used for purposes of ventilation or
escapement, or for the hoisting or lowering of men and material
in connection with the mining of coal.
(d ) The term “ slope” means any inclined way in or to a seam
of coal to be used for the same’ purposes as a shaft.
( e ) The term “ drift” means any practically horizontal way in
or to a seam of coal to be used for the same purpose as a shaft.
( /) The term “ operator ” as applied to the party in control of
a mine in this act, signifies the person, firm or body corporate
who is the immediate proprietor as Owner or lessee of the plant,
and, as such, responsible for the condition and management
thereof.
( g ) The “ mine manager” is the person who is charged with
the general direction of the underground work.
(i )
[bl The “ mine examiner” is the person who is charged with
the examination of the underground workings of the mine before
the miners are permitted to enter it in the morning.
Approved June 6, 1911.
M in e regulations— P rotection against fire.
(Page 419.)
[This act amends certain sections of the act, page 84, Acts of
1910.
Section 2 is amended by exempting mines employing not more Chemical fire
than ten men from the provisions requiring a supply of chemical extinguishers,
fire extinguishers.
Section 4 is amended by substituting the words “ with an un- Dnprotected
protected flame ” for the word “ open,” so that the last sentence hghts*
1042
BULLETIN OF TH E BUREAU OE LABOR,
of the section now reads “ No light with an unprotected flame
shall be taken into an underground stable by any person.”
Sections 5 and 6 are amended so as to read as follow s:]
Telephones.
Section 5. (a ) There shall be a system of party line telephones
which shall include one telephone on the surface not more than
two hundred (200) feet from the tipple, and one at the bottom
of the hoisting shaft, or, in slope or drift mines at the first cross
entries in operation; and, in addition thereto, there shall be one
telephone at each inside parting. Telephone lines shall be con
structed in a workmanlike manner and shall be repaired promptly
when necessary.
N o t i c e of
(b) On becoming aware of any serious danger requiring the
danger.
inside employees to come out of the mine, it shall be the duty of
the person having charge of the outside or inside telephone im
mediately to give notice of the danger to the other telephone sta
tions; and it shall be the duty of all persons who receive infor
mation thereof to cooperate in giving notice thereof to all other
persons in the mine. It shall be the special duty o f all drivers,
motormen and trip riders to notify all other drivers, motormen,
trip riders or miners from who they haul coal, of any danger
requiring them to leave the mine.
Organization,
(c) Certain employees whose regular work is in or near the
fire protected areas shall have graded authority and designated
duties in case of fire; and rules and instructions therefor shall
be included in the regular rules of the mine, and such employees
shall be instructed therein by the mine manager.
Fire drills.
( d ) There shall be a fire drill o f such employees not less often
than once in two weeks, and the pipes, connections and hose shall
be tested at such drills.
Sec. 6. The following requirements also shall apply to all coal
mines developed within the State of Illinois after the passage of
this act: P ro vid ed , That paragraph[s] (a ) and (b) shall not
apply to mines where ten (10) men or less are employed.
Shafts.
(a ) The hoisting shaft and the air and escapement shaft desig
nated as such under the law in shaft mines and the air and escape
ment shaft nearest the main opening in slope or drift mines, shall
be of fireproof construction, except that cage guides may be wood:
P rovid ed , That this section shall not apply to shafts in actual
course of construction at the time this act takes effect.
R o o f s and (b) The roof and walls of the passageways leading from the
wails.
bottom of the hoisting shaft and the air and escapement shaft
designated as such under the law, within a distance of three
hundred (300) feet from the bottom of either of said shafts,
shall be of fireproof construction, except that the coal rib or
pillar may be used as a wall in such passageways.
Stables.
(c) A ll underground stables and the openings therein shall be
of fireproof construction.
Provisions
(d) A t mines constructed in conformity with the requirements
in case of fire, of this section of this act, the fire fighting equipment described
in section 2, and the fire drill described in section 5 of this act
shall not be required, except that there shall be kept at con
venient places designated by the mine manager, throughout each
mine, one not less than three (3) gallon chemical fire extin
guisher and one not less than six (6) gallon handpump bucket,
for each fifty (50) employees in the mine with a minimum of six
(6) extinguishers and six (6) pump buckets, and such extin
guishers and buckets shall be kept filled and ready for use:
P rovid ed , That in mines employing ten (10) men or less under
ground, the chemical fire extinguishers shall not be required.
County in [Section 7 is amended by omitting the paragraph relative to
spectors.
the mode of appointment of county inspectors, which is provided
for by the general mining law (p. 1019 above). It is also made
the duty of State mine inspectors, as well as of county inspectors,
to file complaints in courts when the law is found to be violated.]
LABOR LAW S— ILLINOIS---- ACTS OF 1911.
1043
Coal m in es— F ir e fighting and rescu e sta tion s — C om m ission .
(Page 424.)
[This, act amends the act, page 2, Acts of 1910. The State com
mission is to include a member of the Federal Bureau of Mines,
instead of a member of the Federal commission to investigate
mine accidents.
The manager of stations is authorized to procure technical as
sistance for the giving of instruction; also an extra assistant and
a porter for each rescue car as needed from time to time. Re
ports are to be biennial instead of annual, as previously provided.]
Membership.
Assistants.
Reports.
Oil and gas w ells— P ro x im ity to m in e sh a fts .
(Page 426.)
S ectio n 1. No oil or gas well shall be drilled hereafter nearer D r i l l i n g
than 250 feet to any opening to a mine used as a means of ingresswells*
or egress for the persons employed therein or which is used as an
air shaft.
Approved June 7, 1911.
F a c to r y regulations — B a k eries , con fection eries , etc*
(Page 528.)
S ec t io n 1. Every building, room, basement, inelosure or prem- Sanitation,
ises, occupied, used or maintained as a bakery, confectionery,
cannery, packing house, slaughterhouse, creamery, cheese factory,
restaurant, hotel, grocery, meat market, or as a factory, shop,
warehouse, any public or place or manufacturing establishment
used for the preparation, manufacture, packing, storage, sale or
distribution o f any food as defined by statute, which is intended
for sale, shall be properly and adequately lighted, drained,
plumbed and ventilated, and shall be conducted with strict regard
to the influence of such conditions upon the health o f the opera
tives, employees, clerks, or other persons therein employed, and
the purity and wholesomeness o f the food therein produced, pre
pared, manufactured, packed, stored, sold or distributed.
Sec. 3. The side walls and ceilings o f every bakery, confec- Wa l l s and
tionery, creamery, cheese factory, and hotel or restaurant kitchenceillnssshall be so constructed that they can easily be kept clean; and
every building, room, basement or inclosure occupied or used
for the preparation, manufacture, packing, storage, sale or dis
tribution o f food shall have an impermeable floor made o f cement
or tile laid in cement, brick, wood or other suitable material
which can be flushed and washed clean with water
S ec . 5. Every such building, room, basement, inclosure, or prem- Toilet rooms,
ises occupied, used or maintained for the production, prepara- c*
tion, manufacture, canning, packing, storage, sale or distribution
of such food, shall have adequate and convenient toilet rooms,
lavatory or lavatories. The toilet rooms shall be separate and
apart from the room or rooms where the process of production,
preparation, manufacture, packing, storing, canning, selling and
distributing is conducted. . The floors of such toilet rooms shall
be of cement, tile, wood, brick or other nonabsorbent material,
and shall be washed and scoured daily. Such toilet or toilets shall
be furnished with separate ventilating flues and pipes discharg
ing into soil pipes or shall be on the outside of and well removed
from the building. Lavatories and wash rooms shall be adjacent
to toilet rooms, or when the toilet is outside of the building the
wash room shall be near the exit to the toilet and shall be sup
plied with soap, running water and towels and shall be maintained
in a sanitary condition.
Sec. 6. I f any such building, room, basement, inclosure or
premises occupied, used or maintained for the purposes aforesaid,
Violations,
1044
BULLETIN OF TH E BUREAU OF LABOR,
or if the floors, side walls, ceilings, furniture, receptacles, im
plements, appliances or machinery of any such establishment,
shall be constructed, kept, maintained, or permitted to remain in a
condition contrary to any of the requirements or provisions of
the preceding five (5) sections of this act, the same is thereby
declared a nuisance, and any toilet, toilet room, lavatory or
wash room as aforesaid, which shall be constructed, kept, main
tained or permitted to remain in a condition contrary to the rerequrements or provisions of section five (5) of this act, is hereby
declared a nuisance; and any car, truck, or vehicle used in the
moving or transportation of any food product as aforesaid, which
shall be kept or permitted to remain in an unclean, unhealthful
or insanitary condition is hereby declared a nuisance. Whoever
unlawfully maintains, or allows or permits to exist a nuisance
as herein defined shall be guilty of a misdemeanor, and, on con
viction thereof, shall be punished as herein provided.
Cuspidors.
Sec. 7. Every person, firm or corporation operating or main
taining an establishment or place where food is produced, pre
pared, manufactured, packed, stored, sold or distributed shall pro
vide the necessary cuspidors for the use of the operatives, em
ployees, clerks, and other persons, and each cuspidor shall be
thoroughly emptied and washed out daily with water or a disin
fectant solution, and five ounces thereof shall be left in each cuspi
dor while it is in use. Whoever fails to observe the provisions of
this section shall be guilty of a misdemeanor, and punished as
hereinafter provided.
D u t i e s of S ec . 8 . No operative, employee, or other persons shall expectoemployees.
rate on the food or on the utensils or on the floors or side walls
of any building, room, basement or cellar where the production,
preparation, manufacture, packing, storing or sale of any such food
is conducted. Operatives, employees, clerks, and all other per
sons who handle the material from which such food is prepared
or the finished product, before beginning work, or after visiting
toilet or toilets, shall wash their hands thoroughly in clean water.
Whoever fails to observe or violates the provisions of this sec
tion shall be guilty of a misdemeanor and punished by a fine of
not more than twenty-five dollars.
Sleeping in
S ec . 9. It shall be unlawful for any person to sleep, or to allow
workrooms, etc. or permit any person to sleep in any work room of a bake shop,
kitchen, dining room, confectionary, creamery, cheese factory, or
any place where food is prepared for sale, served or sold, unless all
foods therein handled are at all times in hermetically sealed
packages.
Cont agi ous
S ec . 10. It shall be unlawful for any employer to require,
or
infectious suffer or permit any person who is affected with any contagious
diseases.
or venereal disease to work, or for any person so affected to work
in a building, room, basement, inclosure, premises or vehicle oc
cupied or used for the production, preparation, manufacture,
packing, storage, sale, distribution, or transportation of food.
Enforcement.
S ec . 11. It shall be the duty of the State food commissioner
and those appointed by him to enforce this act, and for that pur
pose the State food commissioner and his appointees shall have
full power at all times to enter every such building, room, base
ment, inclosure or premises occupied or used or suspected of being
occupied or used for the production, preparation or manufacture
for sale, or the storage, sale, distribution or transportation of
such food, to inspect the premises and all utensils, fixtures, fur
niture and machinery used as aforesaid; * * *
Approved June 5, 1911.
INDIANA.
ACTS OF 1911.
C h a p t e b 5 6.— In sp ectio n o f boilers— L o c o m o tiv e engines .
Inspector.
S ec tio n 1. The railroad commission of the State of Indiana
shall appoint, with the approval of the governor, a locomotive
boiler inspector, who shall be qualified by actual experience of
LABOR LAWS— INDIANA— ACTS OF 1911,
1045
not less than six years’ work in the building or repairing of
locomotive boilers to perform the services required of him as
such inspector, who shall receive a salary of two thousand dollars
($2,000) a year and traveling expenses. Said inspector shall
have authority, when directed so to do by the railroad commis
sion, to make examination and inspection of any locomotive Inspection of
boiler or boilers at any reasonable time or times, for the purpose locomotive boib
of ascertaining whether the same can be operated without hazard
to life, arising from use, wear, injury, imperfections in material,
workmanship or arrangement of any part of such boiler and
appurtenances. To that end such inspector shall have the right
at all reasonable times to board and ride upon any steam loco
motive which shall be operated over any railroad located wholly
or in part within this State, and the several carriers subject to
this act shall provide free transportation to such inspector while
performing his said duties. Said inspector, after making such in
spection, shall make and subscribe his name to a written or printed Certificate,
certificate, executed in duplicate, containing the number of each
boiler inspected, the date of its inspection, the condition of the
boiler inspected, and such details a$ may be required by the
forms and regulations which shall be prescribed by said railroad
commission. One of said certificates shall be sent by the rail
road commission to the chief operating officer or employee of the
railroad having charge of the operating of such locomotive
boiler. If it shall be ascertained by such inspection that any
locomotive boiler is unsafe for use, or inconvenient for opera
tion to the extent of being unsanitary, the same shall not again
be used after notice of such condition is served upon the railroad
company by delivering to it a certificate aforesaid, until the loco
motive shall have been repaired and made safe and convenient
for operation as required by the provisions of this act.
Sec. 2. No boiler o f any locomotive engine employed on rail- Equipment
roads located in whole or in part within the State o f Indiana,of boilers,
shall be operated thereon unless the same is equipped and main
tained as follow s: Each locomotive boiler shall be constructed o f
such material and in such a manner as to conform to the specifica
tions o f standard authorities upon boiler construction and operat
ing ; each o f said boilers shall be equipped with safety valves, steam
gauge, or gauges, gauge or try cocks, water glass or glasses, suit
able wash-out plugs, and with at least one blow-off cock : Provided,
That on all locomotives so constructed that the engineer and
fireman, while operating said engine, can not, at their usual and
proper places of duty, secure a plain view of the water glass or
steam gauge, a water glass and steam gauge shall be provided
which shall be in plain view of the engineer, and in addition
thereto there shall also be placed and maintained a steam gauge
and water glass in plain view of the fireman when at his usual and
proper position on said engine. Suitable lamps shall be provided
for both steam gauges and water glasses.
Sec. 3. It is hereby declared unlawful for any steam railroad D e f e c t i v e
company, or person or persons operating a steam railroad located boilers,
wholly or in part within the State of Indiana, or for the directors,
managers, or superintendents of such railroad to cause to be run
within this State, a locomotive having one or more flues plugged
at both ends, or a locomotive whose boiler leaks steam through
any defective part, to such an extent that the vision of those
riding on the engine is materially obstructed or their safety
or health is imperiled thereby: P ro vid ed , That if the boiler of
any engine after leaving its initial station commences to leak
it may continue to the terminal without such railroad company
incurring the penalty prescribed herein.
Sec. 4. It shall be unlawful for any such. steam railroad or
rs to
person or persons operating the same to cause to be run withinwasnea*
the State of Indiana any locomotive engine without having the
boiler thereof properly washed out when the water therein has
become so foul as to induce priming; and it shall be the duty of
every such railroad, or person or persons operating the same,
25202°— Bull. 97— 12----- 12
1046
BULLETIN OF TH E BUREAU OF LABOR,
to cause the boiler of every locomotive used on such railroads
within the State of Indiana to be washed out as often as shall be
necessary to keep the same in safe and proper condition.
Burned
Sec. 5. It is hereby declared unlawful for .any steam railroad,
crown sheets, or person or persons operating such railroad, to apply heat to any
crown sheet or fire box that shall have been burned, while in serv
ice and in charge of an engineer or fireman until after the railroad
commission has been informed of such accident and due time has
been allowed for the State inspector to make a thorough examina
tion of such defect for the purpose of ascertaining the true cause
of the engine being burned. Forty-eight hours from the time the
railroad commission receives notice of such accident will be re
garded as reasonable time in which to have the inspector at the
engine to be inspected: P ro v id ed , That this section shall be ren
dered inoperative if [the] engineer accused of burning said crown
sheet or fire box admits in writing to [the] proper operating offi
cial that such accident was caused by reason of low water in
[the] boiler.
Duty of enSec. 6. It shall be the duty of all engineers and firemen of every
gineers.
locomotive engine whose boiler is not constructed and maintained
in accordance to the requirements of this act to report to the rail
road commission of Indiana any and all defects in such boiler as
have first been called to the attention of the proper official or em
ployee of the railroad operating the same and have not been cor
rected and adequately remedied by such railroad within a reason
able time thereafter. Such report shall not be made public by
said commission, nor shall the same be deemed a violation of any
rule of the railroad referred to in such report.
Violation.
Sec. 7. Every railroad company, person or persons operating a
railroad located wholly or in part within the State of Indiana, or
director, manager or superintendent thereof, violating any of the
provisions of this act shall be liable to a penalty of five hundred
dollars ($500) for each offense, and the further penalty of ten
dollars ($10) for each day that such violation shall continue.
Enforcement.
S ec . 8. It shall be the duty of the railroad commission of Indi
ana to enforce the provisions of this act.
Approved March 1, 1911.
C hapteb
60.— R ailroads— C on struction o f caboose cars.
*
S ec tio n 1. The provisions of this act shall apply to any corporation or to any person or persons while engaged as common
carriers in the transportation by railroad of passengers or property
within this State to which the regulative power of this State
extends.
Construction
Sec. 2. From and after the first day of June, 1914, it shall be
and equipment, unlawful except as otherwise provided in this act, for any such
common carrier by railroad to use on its line any caboose car or
other car used for like purposes unless such caboose or other car
shall be at least twenty-four (24) feet in length exclusive of the
platforms and equipped with two four-wheel trucks and said
caboose car or other car shall be of constructive strength equal
to that of the sixty thousand pounds capacity freight cars, and
shall be provided with a door in each end thereof and an outside
platform across each end of said car; each platform shall not be
less than twenty-four inches in width and shall be equipped with
proper guardrails and with grab irons and steps for the safety
of persons getting on and off said car. Said steps shall be
equipped with a suitable rod, board or other guard at each end
and at the back thereof properly designed to prevent slipping
from said step. Said caboose shall have cupola, necessary closets
and windows.
Repai r of Sec. 3. Whenever any such caboose cars or other cars now in
cars.
use by such common carriers as provided by section 1 herein
shall after this act goes into effect, be brought into any shop for
general repairs, it shall be unlawful to again put the same into
A pplication
of law.
1047
LABOR LAW S— INDIANA— ACTS OF 1911,
the service of such common carrier within this State unless it be
equipped as provided in section 2 of this act.
S ec . 4 . The provisions of this act shall not apply to the use of
Exceptions,
caboose cars operated in yards and in transfer service, and in
case of unusual and unforeseen demands of traffic caboose cars not
constructed in compliance with this act may be used temporarily:
P rovid ed , That the railroad company desiring to use the same
shall apply to and obtain an order from the railroad commission
granting the privilege to temporarily use the same.
S ec . 5. The State railroad commission shall have the power
H e i g h t of
to limit or prescribe the maximum height of any caboose to b ecarsused upon any railroad operating in or through the State and
said commission is hereby authorized to grant to any common
carrier aforesaid, upon full hearing and for good cause shown
a reasonable extension of time in which to comply with the pro- Extension of
visions of this act: P ro vid ed , That in no case shall such exten time,
sion in the aggregate exceed a period of one year from the time
herein limited for compliance with this act.
Sec. 6. Any common carrier as provided in section 1 o f this
act violating any o f the provisions of this act shall be deemed
guilty o f a misdemeanor and upon conviction thereof, shall be
fined not less than one hundred dollars nor more than five hun
dred dollars for each offense.
Violations,
S ec . 7. In addition to the powers heretofore granted to the
Powers
of
railroad commission of Indiana, that said commission be and is railroad comhereby specifically empowered, authorized and directed im m e-misslondiately after the passage of this act to investigate the conditions
and efficiency of cabooses now in use on railroads in this State
and if found upon investigation that it is impossible for any rail
road company to comply with sections 2, 3, 4, 5, and 6 of this
act, said commission shall have the power to grant to such com
pany the right to construct a caboose which in their judgment
will be safe and convenient for the employees and traveling public
but in no case shall said commission grant the permission of any
railroad company from constructing a caboose that has less than
two four-wheel trucks.
Approved March 1, 1911.
C h apter
62.— Sending icage claim s ou tsid e S ta te fo r collection .
S ectio n . 1. Section 644 of “An act concerning public offenses/’
[Chap. 169, Acts of 1905,] is hereby amended so as to read as
follow s:
Section 664. Whoever directly or indirectly sells, assigns or
transfers, purchases or accepts any claim or debt against a
citizen of the State of Indiana, for the purpose of having the
same collected or of collecting the same by proceedings in attach
ment or garnishment out of the wages or personal earnings of
the debtor, in courts outside of the State of Indiana, or whoever
with intent thereby to deprive a resident of the State of Indiana,
of his or her right under the statute of Indiana on the subject
of exemption of property from levy and sale on execution or in
attachment and garnishment, sends or causes to be sent out of
the State of Indiana, any claim for debt against any such resi
dent for the purpose of having the same collected by proceedings
in attachment or garnishment in courts outside of the State of
Indiana, when the creditor and debtor and the person or corpo
ration owing the money, intended to be reached by such pro
ceedings are within the jurisdiction of the courts of the State
of Indiana, shall on conviction be find [ fined] in any sum not
less than twenty dollars nor more than fifty dollars and the person
or persons selling, transferring or assigning any such claim for
the purpose or with the intent aforesaid shall be liable in an
action of debt to the person or persons from whom any such
claim shall have been collected by attachment or garnishment
outside of the courts of the State of Indiana, for the full amount
o f the debt, interest and costs so collected, together with a rea-
What assign-
forbid'
*
renalty.
1048
BULLETIN" OF TH E BUREAU OF LABOR.
sonable attorney’s fee and the defendant cr defendants therein
shall not be entitled to the benefits of the exemption laws of the
State of Indiana upon an execution process issued upon any
judgment recovered in any such action. The assignment, sale,
transfer or sending of such claim to a person not a resident of
this State or the commencement of proceedings in attachment or
garnishment on any claim in any court outside of the State of
Indiana shall be prima facie evidence of the violation of this act.
Approved March 1, 1911.
C h apter
W h o to p a y
w eek ly .
6 8 .— P a y m e n t
of
w a g es— W e e k l y
pay
da y — Scrip .
1. Every corporation, association, company, firm or
person engaged in this State, in mining coal, ore or other mineral,
or quarrying stone or in manufacturing iron, steel, lumber,
staves, heading barrels, brick, tile, machinery, agricultural or
mechanical implements, or any article of merchandise, shall pay
each employee of such corporation, company, association, firm or
person, if demanded, at least once every week, the amount due
such employee for labor, and such payments shall be in lawful
money of the United States, and any contract to the contrary,
shall be void.
C hecks, e tc.,
S e c . 2. Any person, copartnership, corporation or association,
to be red eem or any member, agent or employee thereof, who shall publish,
able.
issue or circulate any check, card or other paper, which is not
commercial paper payable at a fixed time in any bank in this
State, at its full face value, in lawful money of the Uinted States,
with eight per cent, interest, or by bank check or currency issued
by authority of the United States government, to any employee
for such person, copartnership, corporation or association, in
payment of any work or labor done by such employee, or in pay
ment for any labor contracted to be done by such employee, shall
be guilty of a misdemeanor, and, upon conviction thereof, shall
be fined in any sum not more than one hundred dollars.
P r i c e of
S e c . 3. It shall be unlawful for any corporation, company, asso
m erch an d ise.
ciation, firm or person described in section one (1) of this act, or
the officers and agents of such, to sell, directly or indirectly, to
any employee of such corporation, association, firm or person,
any merchandise or supplies at a higher price than such merchan
dise or supplies are sold by such corporation, company, associa
tion, firm or person to others for cash.
F a ilu re
t o
S e c . 4. Every corporation, company, association, firm or person
p a y w a g es.
who shall fail for ten days after demand of payment has been
made to pay employees for their labor, in conformity with the pro
visions of this act, shall be liable to such employee for the full
value of his labor, to which shall be added a penalty of one dollar
for each succeeding day, not exceeding double the amount of wages
due, and a reasonable attorney’s fee, to be recovered in a civil
action and collectible without relief.
V io la tio n s .
S e c . 5. Every company, corporation, association, firm or person
who knowingly and willfully violates any of the provisions of sec
tion three (3 ) of this act, shall be deemed guilty of a misde
meanor, and upon conviction shall be fined in any sum not less
than five nor more than one hundred dollars.
C o n s tru ctio n
S e c . 6 . This act shall not in any way affect the liens of laborers,
o f a ct.
as now secured to them by the laws of this State.
<4
S e c . 7. An act *
* ♦ approved February 14, 1887, [sections
7065-7070, A. S., 1901] is hereby repealed.
Approved March 1, 1911.
S e c t io n
C h apter
N um ber
of
m en in crew ,
74.— R a ilroad s— M in im u m sw itch in g crew .
S e c t i o n 1. It shall be unlawful for any person, firm or corporation owning trackage over twenty-five miles in length and
engaged in operating standard gauge railroad switch engines in
yard limits within the limits of the State of Indiana, to operate
said engine in the business of switching cars or making up trains
LABOR LAW S— INDIANA— ACTS OF 1911,
1049
with less than a full crew, consisting of not less than one engineer,
one fireman, one foreman, and two helpers. Said foreman and one Qua 1i f i c a of said helpers must have had at least one year’s experience as tions.
switchman, conductor or brakeman.
S ec . 2. Neither the foreman nor either of the helpers mentioned
Division o f
in section 1 shall be permitted to perform any other duties in dutiesaddition to their duties as foreman or helpers, while the engine
upon which they are working is actually engaged in the business
of switching cars.
S ec . 3. Any person, firm or corporation violating any of the
Violations,
provisions of this act shall, upon conviction thereof, be fined for
a first offense not less than one hundred dollars ($100), and
for the second offense not less than three hundred dollars ($300),
and for any offense thereafter, not less than one thousand dollars
($ 1,000).
Approved March 2, 1911.
C h a p t e r 76. — Railroads— A ccid en ts to be reported .
[This act amends the requirements of section 23 of chapter 53, Method of reActs of 1905, as to the reporting to the State railroad commission portlng'
of accidents on railroads, by directing that reports be made by
telegraph or telephone as soon as possible after the accident
occurs, instead of being made within 5 days, without restriction
as to means.]
C hapter
SO.— P rotection o f em p loyees on locom otive road etigines— S torm w in d o w s .
S ec tio n 1. A ll corporations, associations, companies, firms or
Storm winpersons, owning or operating locomotive road engines in this State,dows l’equired*
shall provide and equip said locomotive road engines with storm
windows in both front windows in the cabs of said engines and
said storm wndows shall be so equipped and adjusted as to per
mit persons in charge of the same to have an unobstructed view
through the same, when open under all climatic conditions and to
prevent the view being obstructed by rain, snow or ice adhering
thereto.
Sec. 2. Every corporation, association, company, firm or person,
who violates any o f the provisions o f this act shall be deemed
guilty o f a misdemeanor, and, upon conviction, shall be fined in
any sum not less than five dollars nor more than five hundred
dollars for each offense so committed.
Violations,
Approved March 2, 1911.
C hapter
88.— L ia b ility o f em p loyers f o r in ju ries to em p loyees »
S ec tio n 1. Any person, firm or corporation while engaged in
Acts of fel.
business, trade or commerce within this State, and employing in low servants,
such business, trade or commerce five or more persons shall be
liable and respond in damages to any person suffering injury
while in the employ of such person, firm or corporation, or in
case of the death of such employee, then to his or her personal
representative, for the benefit of the surviving widow or husband
and children of such employee; and if none, then to.such em
ployee’s parents; and if none, then to the next of kin dependent
upon such employee, where such injury or death resulted in
whole or in part from the negligence of such employer or his, its
or their agents, servants, employees or officers, or by reason of
any defect, mismanagement or insufficiency, due to his, its or
their carelessness, negligence, fault or omission of duty.
Sec. 2. In any action prosecuted under the provisions of this Burden
of
act, the burden of proving that such injured or killed employeeproof*
did not use due care and diligence at the time of such injury or
death, shall be upon the defendant, but the same may be proved
under the general denial. No such employee who may have been
1050
BU LLETIN OF THE BUREAU OF LABOR,
Rifks n o t as-injured or killed shall be held to have
sum ed, w n on .
contributory negligence by reason of
been guilty of negligence or
the assumption of the risk
thereof iii any case where the violation by the employer or his,
its or their agents or employees, of any ordinance or statute
enacted, or of any rule, regulation or direction made by any public
officer, bureau or commission, was the cause of the injury or
death of such employee. In actions brought against any employer
under the provisions of this act for the injury or death of any
employee, it shall not be a defense that the dangers or hazards
inherent or apparent in the employment in which such injured
employee was engaged, contributed to such injury. No such indersirGCt o r 'jured employee shall be held to have been guilty of negligence or
*
contributory negligence where the injury complained of resulted
from such employee’s obedience or conformity to any order or
direction of the employer or of any employee to whose orders or
directions he was under obligations to conform or obey, although
such order or direction was a deviation from other rules, orders
or directions previously made by such employer.
A s s u m p tio n
S e c . 3. In any action brought against any employer under or by
o r risk s.
virtue of this act to recover damages for injuries or the death of,
any o f his, its or their employees, such employee shall not be held
to have assumed the risks of the employment in any case where
the violation of such employer or his, its or their agents or em
ployees of any ordinance or statute enacted, or of any rule, direc
tion or regulation made by any public officer or commission, con
tributed to the injury or death of such employee; nor shall such
injured employee, be held to have assumed the risk of the em
ployment where the injury complained of resulted from his obedi
ence to any order or direction of the employer or of any employee
to whose orders or directions he was under obligation to conform
or obey although such order or direction was a deviation from
other orders or directions or rules previously made by such em
ployer. In any action brought against any employer under the
provisions of this act to recover damages for injuries to or the
death of, any of his, its or their employees, such employee shall
not be held to have assumed the risk o f any defect in the place of
work furnished to such employee, or in the tool, implement or
appliance furnished him by such employer, where such defect was,
prior to such injury, known to such employer or by the exercise of
ordinary care might have been known to him in time to have re
paired the same or to have discontinued the use of such defective
working place, tool, implement or applianca The burden o f prov
ing that such employer did not know o f such defect, or that he
was not chargeable with knowledge thereof in time to have re
paired the same or to have discontinued the use of such working
place, tool, implement or appliance, shall be on the defendant, but
the same may be proved under the general denial.
Damages.
Sec. 4. The damages recoverable under this act shall be com
mensurate with the injuries sustained, and in case death results
from such injury, the action shall survive: P ro v id ed , That where
vi^CtwhenSUr any suctl *n3ure<i person recovers a judgment under the provisions
’
*
of this act and an appeal is taken from such judgment, and pend
ing such appeal, the injured person dies and said judgment be
thereafter reversed; or where such injured person dies after said
judgment is reversed and before trial, the right of action of such
person shall survive to his or her personal representative, and
such action may be continued in the name of such personal rep
resentative, for the benefit of the person entitled under this act
to receive the same.
Contracts of S e c . 5. Any contract, rule, regulation, by-law, or device whatw a iv e r .
soever, the purpose, intent, or effect of which would be to enable
any employer to exempt himself or itself from any liability cre
ated by this act, shall to that extent be void: P ro v id ed , That in
any action brought against any such employer under or by virtue
Set-offs.
of any of the provisions of this act, such employer may set off
therein by special plea any sum such employer has contributed or
paid to any insurance, relief benefit, or indemnity for and on be-
LABOR LAW S---- INDIANA---- ACTS OF 1911,
1051
half of such injured employee that may have been paid to him or
to the person entitled thereto on account of the injury or death
for which said action is brought, but in no event shall the amount
of such set-off exceed the amount paid to such employee or other
person entitled thereto out of such insurance, relief benefit or
indemnity fund.
Sec. 6. Where any action is brought on account o f the death o f Limit of liaany person under this act, the liability of any such employer bility.
shall not exceed $10,000, and the provisions o f the law now in
force as to parties plaintiff shall apply.
Sec. 7. All questions o f assumption of risk, negligence or con- Questions for
tributory negligence shall be questions of fact for the jury to 3urydecide, unless the cause is being tried without a jury in which
ease, such questions shall be questions o f fact for the court.
S ec . 8. No action shall be maintained under this act unless the
Limitation.1
same is commenced within two years from the date the cause of
action accrued.
S ec . 9. The terms “ employer,’’ “ persons,” “ firm,” and “ corDefinitions,
poration” shall include receivers or other persons charged with
the duty of managing, conducting or operating business, trade or
commerce.
S ec . 10. This act shall not apply to injuries received by any
Pending1
employee before the passage of the same nor affect any suit or suits,
legal proceedings pending in any court at the time of its passage.
S ec . 11. This act shall be construed as supplemental to all
Construction
laws and parts of laws now in force concerning employers and of statute,
employees, and shall repeal only such laws and parts of laws as
are in direct conflict with the provisions of this act. Nothing in
this act shall be held to limit the duty or liability of employers
or to impair the rights of their employees under the common law
or any other existing statute or to affect the prosecution of any
pending proceeding or right of action now existing.
Approved March 2, 1911.
Chaptek 169.— R ailroads— S a fe ty appliances .
S ection 1. Section six (6) of an act * * *
[chapter 118,
Acts of 1907, shall] be amended to read as follow s:
Section 6. It shall be unlawful for any common carrier in this
State operating an interurban railway by electric power to op
erate or run upon any railroad in this State any motor car used
in regular interurban passenger traffic which is not equipped with
an approved power air brake, in good condition, and subject to
the control, and operation of the motorman in charge of such car,
and of sufficient capacity to control the speed of the car. It shall
also be unlawful for any common carrier, operating a steam or
electric railway, and engage [engaged] in moving traffic between
points in this State, to operate or run upon any railroad in this
State any freight or passenger train which is not equipped, as
to, at least, as to a steam railroad 75 per cent, and as to an inter
urban street railroad 50 per cent of the cars in said train, with
an approved system of hand brakes in addition to the power or
train brakes required by section one (1) of said act of March
8th, 1907, which hand brakes shall be kept at all times in proper
working condition and of sufficient capacity to control the speed
of such train: P rovid ed , That the hand brakes upon every pas
senger coach, both steam and electric, shall be so constructed
that they can be operated in connection with the air or power
brakes upon such coach: P ro vid ed , h ow ever, That whenever
such power air brakes become disabled from any cause while
such car is in service on any such railroad, then if such car is
equipped with a hand brake sufficient therefor it may complete
its run: A n d , provid e [p ro vid ed ] f urther, That this act shall not
make it unlawful to run such disabled car to the most convenient
repair shop upon the road upon which it is then being operated:
P ro vid ed , That this act shall not apply to city street railway cars,
or cars engaged in suburban traffic.
Air brakes.
Handbrakes,
1052
BU LLETIN OP TH E BUBEAU OP LABOR.
Sec. 2. Section twelve (12) o f the above entitled act [shall]
be amended to read as follow s:
Struc t a r e s
Section 12. It shall hereafter be unlawful for any steam rail
near tracks.
road carrier in this State engaged in operating a line of standard
Violations.
gauge railroad therein, or for any person or persons, association,
municipal or private corporation, to build or maintain any struc
ture of any kind, or any existing railway bridge, or to alter or re
build an existing structure of any kind, or any existing railway
bridge along the line of any such railroad in this State, in which
that part of any such structure or bridge nearest to the track shall
be less than seven (7) feet from the center thereof, without first
obtaining permission of the railroad commission of Indiana so to
do.
S e c . 3. Section thirteen (13) of said act shall be amended to
read as follow s:
Section 13. Every such common carrier, party, person, associa
tion or municipal, [sic] or private corporation which shall violate
any of the provisions of section 12 of this act, after receiving sixty
days' notice from the railroad commission of Indiana that some
provision of such section is being violated, shall be subject
to a penalty of five hundred dollars for each violation to be recov
ered in an action to be brought by and in the name of the railroad
commission of Indiana for and on behalf of the State of Indiana in
any circuit or superior court in this State having jurisdiction of
the offending party. Every person who shall without lawful
authority injure, destroy or interfere with the proper and eflicient
operation of any brake, coupler, grab iron, handhold, drawbar, or
other safety appliance or device mentioned in the above entitled
act, or employed by any common carrier upon any locomotive, car
or train, and every person who shall, without lawful authority, in
jure, destroy or interfere with the proper and eflicient operation
of any bell, alarm, signal or other safety appliance or device used
by a carrier or carriers to protect any highway or railroad cross
ing within this State, where the same is crossed by a railroad track
or tracks, shall be guilty of a misdemeanor and upon conviction
shall be fined in any sum not less than five dollars and not more
than five hundred dollars and impisoned [imprisoned] in the
county jail not less than thirty days nor more than six months.
Approved March 4, 1911.
C hapter
178.— R a ilroad em p loyees— Clearance cards— W a g e s due
at term in ation o f em p loym en t.
Statement to
S e c t i o n 1. Whenever any employee of any railroad company
he furnished.
doing business in this State shall be discharged or voluntarily quits
the service of such company it shall be the duty of the officer
having jurisdiction over such employee upon request of such em
ployee, to issue such employee a letter duly signed by such officer
setting forth the nature and character of service rendered by such
employee to such railroad company and the duration thereof, and
truly stating for what cause, if any, such employee has quit or
been discharged from such service.
Sec. 2. Any officer having jurisdiction over employees referred
Refusal.
to in section 1 of this act failing or refusing to issue such letter to
such employee when so requested by the employee, failing or re
fusing to state the facts correctly, shall be deemed guilty of a
misdemeanor and shall be punished by a fine in any sum not to
exceed one hundred dollars ($100).
Sec. 3. Any railroad company employing men shall within
Wages to be
paid.
seventy-two hours after any employee voluntarily quits such serv
ice or is discharged, pay to such employee in full the wages due to
the time of quitting of such service: P ro vid ed , Demand is made
therefor and upon failure so to do, such railroad company shall be
liable to such employee for each day until such payment is made in
a sum equal to the daily wage of the employee.
Violations.
Sec. 4. Any railroad company or officer o f such company failing
to comply with section 3 o f this act shall be deemed guilty of a
LABOR LAWS---- INDIANA---- ACTS OF 1911.
1053
misdemeanor and shall be punished by a fine in any sum not to
exceed one hundred ($100) dollars.
Approved March 4, 1911.
C h apter
179.— A ccid en t insurance.
S e c t i o n 1. No company or association doing business in In- . R eba tes fordiana, nor any officer or agent of any such company or associa- bidd en ,
tion insuring against fire or insuring any person against bodily
injury or disablement resulting from accident and against disable
ment resulting from disease, or insuring against loss or damage
resulting from accident to or injury sustained by an employee or
other person for which accident or injury the insured is liable
* * * shall directly or indirectly pay, allow or offer to pay or allow
as an inducement to any of the kinds of insurance or indemnity
above enumerated, any rebate of premium in connection with a
policy of any such insurance or a contract of indemnity for any
of the purposes above enumerated, to be solicited or issued in this
State. Nor shall any such company or association, officer or
agent make any contract or agreement as to the amount of the P rem iu m t o
premium to be paid on any such policy or contract solicited in be sta ted ,
this State other than as plainly expressed in such policy or con
tract, nor shall any such company or association knowingly issue
a policy of insurance or contract of indemnity of the kinds enu
merated above when any part of the premium or consideration P a y m e n ts of
therefor has been rebated: * * * A n d , p rovided fu r th e r , That
by
nothing herein contained shall prohibit any individual, firm or
p y
corporation, employing fifty or more employees, from voluntarily
paying for their employees who carry a policy of insurance in
any such sick and accident insurance company, any part of the
premium named in said policy of insurance. Such payment may
be made either in cash or by services rendered the insurance com
pany by said employer in the collection of premiums due from
such employee: * * *
Approved March 4, 1911.
C hapter
188.— Railroads— B lock system .
S e c t i o n 1. Section 1 of * *
* [chapter 205, Acts of 1907] , Block s y s is amended so as to read as follow s:
tem requlred*
Section 1. After the first day of January, 1912, it shall be unlaw
ful for any person, firm or corporation, or lessee or receiver of
any person, firm or corpoation, which shall own or operate any
line of steam or interurban railroad in this State to operate any
train or car over such railroad by steam, by electric power or
other power, unless such railroad is equipped with and has in
operation an automatic block system or other system approved
by the railroad commission of Indiana for the control of train or
car movements thereon, unless the time therefor be extended by
such railroad commission.
Sec. 2. Section 2 of the said * * * act is amended so as to
read as follow s:
Section 2. Power and authority are hereby conferred upon the P o w e r s
of
railroad commission o f Indiana to extend the time specified in co m m issio n ,
section 1 of this act, when it shall be made to appear to it that
reasonable necessity for such extension shall exist. Full power
and authority are also hereby conferred upon such commission
to relieve any such carrier from the obligations imposed by sec
tion 1 of this act when it shall be made to appear that the volume
of traffic, or train or car movement over such railroad are such
only that the same can be dispatched without substantial hazard
to life and property over a line not so protected. Full power and
authority are also hereby conferred upon such commission to per
mit, authorize and order in place of the automatic block, either
a controlled manual block, or a manual block, or a dispatcher’s
block, or any other form of block or other signaling system that
1054
BULLETIN OF TH E BUREAU OF LABOR.
is or may be hereafter devised or used, if in the judgment o f such
commission it shall be made to appear that a controlled manual
block, or a manual block, or a dispatcher’s block, or any other
form o f block or other signaling system now or hereafter de
vised or used shall reasonably conserve the safety o f life and
property, and whenever such order is made by the railroad com
mission, and such other form o f block or other signaling is in
stalled, operated and maintained in obedience to such order, it
shall be taken and held as a full compliance with this a c t
Sec. 3. Section 3 of said act is hereby amended so as to read
as follow s:
V io la tio n s .
Section 3. Any person, firm or corporation, receiver, or lessee
who or which shall violate any of the provisions of this act shall
forfeit and pay to the State of Indiana the sum of one thousand
dollars per week for each week that trains shall be operated over
any such railroads in violation of the act, the same to be collected
by the railroad commission of Indiana by a suit in its name for
the use of the State of Indiana in any court of competent juris
diction.
Approved March 4, 1011.
C hapter
202.— R a ilroad s— H eig h t o f w ires crossing tracks .
Stringing
S e c t i o n 1. It shall be unlawful for any person, firm or corporaw ires
re- fi on hereafter to string or maintain any wire, electric or other,
s tr ic te a .
over the tracks of any steam, street or interurban street railroad
ro le s .
W ire s.
H e ig h t.
r o w e r -t r a n s m is s io n w ires.
company except in accordance with the provisions of this section.
A ll such wires except the trolley wires of street or interurban
street railroad companies shall be suspended over double cross
arms attached to a pole at each side of the crossing unless a dif
ferent construction for the support of such wires be first approved
by the Railroad Commission of Indiana. The poles, if wooden are
used, shall be not less than six (6 ) inches in diameter at the top
nor less than twelve (12) inches at the surface of the ground; if
iron poles are used they shall be not less than three (3) inches
at the top and not less than five (5) inches at the surface of the
ground; set not less than six (6) feet in the ground and well
tamped and securely guyed; and unless the railroad right of way,
steam, street or interurban, is not of greater width, shall be set
not more than one hundred (100) feet apart at such crossings.
A ll such wires shall be tied to insulators or pins set in the cross
arms. The cross arms shall be attached to the poles by machine
bolts and braced by at least one iron brace from each cross arm
to the pole. And all telephone and telegraph wires hereafter
suspended over the right of way of any railroad, or street or
interurban street railroad, or any renewals of wires now in use
at such crossings shall be of copper or aluminum. A ll such wires
shall be maintained not less than twenty-five (25) feet above the
surface of the rails at such crossings: P ro v id ed , That in case of
trolley feed and other wires of any electric railroad extending
over the tracks of any steam railroad in this State, the height of
such wires above the surface of the rails of such steam railroads
shall be not less than twenty-two (22) feet: A n d , provided
fu r th e r , That transmission power wires shall not be less than
thirty-five (35) feet above the level of the tops of the rails of any
steam, street, or interurban street railroad unless a different
height be permitted by the Railroad Commission of Indiana,
S e c . 2. It shall be unlawful hereafter for any corporation or
pergon to construct or maintain any wire for the transmission of
power by electric current having a voltage of seven hundred or
over, except trolley and trolley feed wires, over the tracks of any
steam, street or interurban street railroad unless the same is
suspended at the height of thirty-five (35) feet above the level
of the top of the rails where such wire also crosses the line of any
telegraph, telephone or other wire. Such transmission power wire
shall be supported either by wooden or iron poles or iron towers
and shall be securely fastened thereto. The towers or poles and
LABOR LAW S---- INDIANA---- ACTS OF 1911.
1055
other structures supporting the crossing span shall be self-sup
porting or be so guyed as to be self-supporting. The crossing
span shall not exceed two hundred feet in length unless authorized
by the Railroad Commission of Indiana. Foundations for towers
or other structures shall be designed to resist overturning and
shall be extended above the ground as a protection to such struc
ture, and such transmission power wire shall be protected by
wire basket, supporting cable, or other device from falling upon
other wires or the tracks of such railroads. Before any person
or corporation shall construct any such transmission power wire
over the tracks of any such railroad such person or corporation
shall submit plans and drawings therefor to the Railroad Com
mission of Indiana and such commission shall have power to
approve or make such alterations or changes therein as will make
the same conform to the provisions of this act, and it shall be
unlawful to string any such wire over any steam, street or interurban street railroad without the approval of such commission.
S e c . 3. After the passage of this act, the Railroad Commission
Duty of ra ilof Indiana, upon information obtained through its inspection™^? co m m isdepartment or otherwise that any wire or wires crossing any
steam, street or interurban street railroad, as referred to in sec
tion 1 of this act, should be raised to a greater height or other
thing done with reference thereto to guard against accidents and
to conform to this act, shall order such change or changes to be
made and the expense thereof shall be borne by the companies or
persons owning or operating such wires.
Sec. 4. The Railroad Commission of Indiana is hereby vested Enforcement,
with authority to enforce the provisions of this act, and any per
son, firm or corporation ordered by the commission to change its
Wires as to comply with this act, failing to comply with such
order within thirty days from the service thereof, shall be liable
for a penalty or forfeiture of twenty-five ($25) dollars, and to a
like penalty or forfeiture for every thirty days during which it
shall fail to comply with the order of the commission, unless a
greater length of time to make such change shall be specified by
the commission in said order, or upon cause shown. Any such
penalty or forfeiture may be recovered in an action brought in
the name of the State of Indiana on the relation of the attorney
general. In the event of a recovery under this act, the judgment
shall include a docket fee of twenty dollars which shall inure to
the benefit of the attorney general and the same shall be taxed as
costs.
Approved March 6, 1911.
C
h apteb
209.— E m p loym en t o f children— G eneral provision s .
S e c t i o n 1. N o child under the age of fourteen (14) years shall
Age limit,
be employed or permitted to work in any gainful occupation other
than farm work or domestic service, excepting that any child
between the ages of twelve (12) years and fourteen (14) years
may be employed or permitted to work in the business of pre
serving and canning of fruits and vegetables from the first day
of June to the first day of October of each year.
S e c . 2. No child under sixteen (16) years of age shall be emHours of laployed or permitted to work in any gainful occupation other than bor.
farm work or domestic service, more than forty-eight (18) hours
in any one week, or more than eight (8) hours in any one day,
unless the employer shall have first procured the written consent
of the parent, legal or natural guardian of said child, but in
no event shall any such child work at any gainful occupation
other than farm work or domestic service more than fifty-four
(54) hours in any one week or nine (9) hours in any one day.
S e c . 3. No child under sixteen (16) years of age shall be emNight work,
pioyed or permitted to work in any gainful occupation other than
farm work or domestic service, before the hour of seven (7) in
the morning, or after the hour of six (6) in the evening.
1056
BU LLETIN OF T H E BUREAU OF LABOR,
Prohibited
S e c . 4. No child under the age of sixteen (16) years shall be
employed or permitted to work in any tobacco warehouse, cigar
or other factory where tobacco is manufactured or prepared,
hotel, theater, or place of amusement; or in any employment
where their health may be injured or morals depraved. And no
boy under the age of sixteen (16) years and no girl under the
age of eighteen (18) years shall be employed or permitted to
work in or about any brewery, distillery, saloon, concert hall, or
any other establishment where malt or alcoholic liquors are manu
factured, packed, wrapped, or bottled; or in dipping, dyeing, or
packing matches, or manufacturing, packing or storing gun
powder, dynamite, nitroglycerin or its compounds, fuses or other
explosives. Nor shall girls under the age of eighteen (18) years
l?e employed in any capacity where such employment compels
them to remain standing constantly.
Sa me sub- S e c . 5. No child under the age of sixteen (16) years shall be
J'ectemployed or permitted to operate circular or band saws; wood
shapers, wood joiners, planers, stamping machines used in sheet
metal or tin work manufacturing, stamping machines in washer
or nut factories, and all other stamping machines used in stamp
ing m etals; steam boilers; steam machinery; or other steam gen
erating apparatus, dough brakes or cracker machinery of any
description, wire or iron straightening machinery, rolling mill
machinery, punch or shears, grinding or mixing mills, calender
rolls in rubber manufacturing or laundry machinery, corrugating
rolls of the kind used in roofing or washboard manufacturing.
V io la tio n s .
S e c . 6 . Any person who violates any provision of this act or
who suffers or permits any child to be employed in violation of
its provisions, shall be deemed guilty of a misdemeanor, an [and]
on conviction shall be fined not less than five dollars ($5), nor
more than two hundred dollars ($200), to which may be added
imprisonment for not more than ten (10) days in the county
jail, and for a second or subsequent offense he shall be imprisoned
in the county jail for not less than ten (10) days nor more than
thirty (30) days.
Approved March 6, 1911.
employments,
Chapter 226.— S ta te bureau o f inspection.
Bureau
ated*
S e c t i o n 1 . There shall be and is hereby created a bureau to be
known as the State bureau of inspection. The governor shall
appoint a chief inspector to have charge of said bureau, who shall
hold his office for a period of four years, and until his successor
is appointed and qualified. The annual salary of said chief in
spector shall be four thousand ($4,000) dollars, and the actual
expenses when absent from his office in the discharge of his official
duties. Said chief inspector shall, before entering upon his official
duties, execute to the State of Indiana a bond in the sum of three
thousand ($3,000) dollars, with good and sufficient surety condi
tioned for the faithful performance of the duties of said office
and the proper expenditure of all moneys that may come into his
hands as such chief inspector, which bond shall be subject to
the approval of the governor and filed in his office.
Sec. 2. Said bureau of inspection shall consist of the following
departments:
Departments. First. Department of inspection of buildings, factories and
workshops;
Second. Department of inspection of mines and mining;
Third. Department of inspection of boilers.
The governor shall also appoint the following deputy inspectors:
Inspector of buildings, factories and workshops; inspector of
boilers, and an inspector of mines and mining.
Said deputy inspectors shall hold their office for a term of four
years and until their successors are appointed and qualified. The
salaries of said deputies shall be two thousand ($2,000) dollars,
per annum, and actual traveling expenses when absent from home
in the discharge of their official duties. Each deputy inspector,
ere-
LABOR LAW S— INDIANA— ACTS OF 1911.
shall, before entering upon his official duties, execute to the State
of Indiana, a bond in the sum of one thousand ($1,000) dollars,
with good and sufficient surety, conditioned for the faithful per
formance of duties of said office. Said chief inspector and each
of said deputies may employ a stenographer at a salary of nine
hundred ($900) dollars, per annum. For the purpose of carrying
out the provisions of this act each deputy inspector, by and with
the consent of the chief inspector, may appoint three assistants
at a salary of twelve hundred ($1200) dollars, per annum, and
actual expenses when away from home in the discharge of official
duties. The salary and actual expenses of said deputy inspectors,
assistants and stenographers shall be paid monthly as due, on
voucher duly attested before some officer authorized to administer
oaths, and approved and signed by the chief inspector; and the
salary and actual expenses of the chief inspector shall be paid
in monthly installments, out of the treasury of the State, upon
warrants of the auditor of State. W ith the consent of the gov
ernor each of said deputies may appoint two additional assistants
at the annual salary above provided for. The chief inspector
may appoint a license clerk at an annual salary of twelve hundred
($1200) dollars and a bookkeeper for such department at an
annual salary of one thousand ($1,000) dollars. No one shall be
appointed deputy or assistant deputy inspector who has not had
at least ten years’ practical experience in the line of employment
to which he is assigned as inspector.
1057
Bonds,
Assistants,
Sec. 3. Said deputy inspector o f buildings, factories and work- Powers and
shops, and said deputy inspector o f mines and mining, shall have dutiesall the powers and perform all the duties now conferred by law
upon the chief inspector o f factories, and inspector o f mines, and
labor commissioners respectively, which offices are by this act
hereby abolished.
Sec. 4. The inspector of boilers shall make or cause to be m ade,. inspection of
an inspection of every stationary boiler at least once every y ear,1)011ers*
and such inspection shall determine whether such boilers are
safe, and whether the laws of the State relating to boilers are
complied with, and shall perform all duties in relation to the in
spection of boilers, now performed by the chief inspector of the
department of inspection.
Sec. 5. Said assistant inspectors shall make inspection and per- ® « 4*e s of
form such duties as may be assigned them by the chief inspector, ass stan s*
and the deputy inspector of the department to which they belong,
and after making each inspection file a written report of such Reports,
inspection with said chief inspector, setting forth the character of
such inspection. Said deputy inspectors in making inspections
shall likewise make a report to said chief inspector.
Sec. 6. The chief inspector shall submit to each person, firm Blanks to be
or corporation, subject to the provisions of this act, a blank furnishedform upon which such person, firm or corporation shall report to
the chief inspector the following information, and such other facts
as may be required by the chief inspector:
1. Officers.
2. Character and location of the business.
3. Number of persons employed; males, females.
4. Description of buildings and equipments, number of floors,
elevators, boilers and fire escapes.
S e c . 7 . Every person, firm or corporation operating any busiLicense fee.
ness, regularly employing five or more persons, shall annually pay
to the chief inspector the sum of one ($1) dollar as a license fee
and upon the receipt thereof, the chief inspector shall give to such
person, firm or corporation a certificate showing the license fee
has been paid: P ro vid ed , That the provisions of this section shall Certificate,
not apply to agriculture or domestic service. Within thirty (30)
days after his appointment and annually thereafter, the chief
inspector shall cause to be published in a paper published in the
county seat of each county of the State a notice setting forth the
provisions of this section. Any person, firm or corporation sub- Violations,
ject to the provisions of this act failing or refusing to comply
1058
BULLETIN OF TH E BUBEAU OF LABOR.
with the provisions of this section within sixty days thereafter
shall be guilty of a misdemeanor and on conviction shall be sub
ject to a fine of twenty-five ($25.00) dollars.
Act supple*
Sec. 10. Nothing contained in the provisions of this act shall
mental.
affect, amend, repeal or alter in any way the present inspection
laws of this State, except as herein set forth, but this act shall be
deemed additional and supplemental thereto.
Approved March 6, 1911.
C haptee 233.— R ail m a d s— Qualifications o f section m en.
Who mu s t
S ection 1. It shall be unlawful for any steam railroad comknow flagging pany doing business in the State of Indiana to permit any foreman
ru es*
Violations.
or person having charge of section men employed for the purpose
of building, constructing, and repairing railroad tracks to operate
with such section men outside of yard limits, without such fore
man or person having two men in such section [gang] who are
capable of passing the examination of flagging rules o f such
company.
S ec. 2. I f any person shall knowingly engage, require, persuade,
prevail upon or cause any foreman or person to violate section 1
o f this act he shall be deemed guilty o f a misdemeanor and shall
be punished by a fine o f not less than twenty-five dollars nor
more than one hundred dollars for each offense.
Approved March 6, 191L
Chaptee 236.— L ia b ility o f em p loyers fo r in ju ries to em p lo yees —
D an gerou s occupations.
Section 1. Every employer, or person, managing or conducting
any business, or work, or plant in the State of Indiana, of the
character mentioned in this act, is, for purposes of this act, con
ducting a dangerous occupation at the time of such occurrence,
and subject to the provisions of this act.
Count erS ec . 2. It shall be unlawful for any person, firm or corporation
floors in erec-engaged in erecting or having erected any building or structure
ings. 01 Dulia' three stories or more in height, to begin the erection o f any floor
or story above the second story or floor from the ground or exca
vation until a flooring, staging or protection shall have been laid
or placed on the second tier of beams or story from the excava
tion or ground level or to continue the erection or construction
of such building more than two stories or tier of beams above
such flooring or protection. Flooring, staging or protection shall
at all times be laid and maintained to within the second story
or floor below where workmen are engaged and in no instance,
shall workmen be employed more than twenty-five feet above any
flooring, staging or protection. Such floorings, staging and pro
tections shall be so constructed and of such strength as will
prevent the falling of materials or injury to workmen. A ll per
sons engaged in work or labor on buildings and other structures
shall be protected from falling materials from above them by
adequate floorings, stagings or other protections. It shall be
the duty of owners, contractors and subcontractors to see and
require that the provisions of this act are complied with.
Staging
or Sec. 3. In the construction of any steel, iron, frame or other
scaffolding.
building having a clear story of twenty-five feet elevation, from
the ground or excavation, a staging or scaffolding with closed
plank flooring shall be placed under the whole extent of beams,
girders, trusses or joints of such story upon which structural iron
workers, carpenters, masons, or other persons are working, and
not more than ten feet below the under side of such beams, gird
ers, trusses or joists. In erecting, constructing, or repairing
any wall, chimney, smoke stack, tower, cupola, bridge, framework,
dome, arch, water pipe, stand pipe, tank, pole, staff, coal bunker,
roof, dwelling or structure of any kind whatever thirty feet or
more in height, where there are no well defined stories, sections,
Sc o pe
law.
of
LABOR LAWS— INDIANA— ACTS OP 1911.
1059
girders, joists, beams or trusses, crossing or intersecting the same,
where the employees are working, there shall be staging or
scaffolding placed not more than ten feet below where the masons,
carpenters, structural iron workers, or other employees are
working on such building, walls, or structures aforesaid, such
staging or scaffolding shall be placed and maintained in such
manner as to prevent the falling through of such employees or
materials, and in such manner that workmen and others having
a right to pass under or along or near such structure shall not
be injured by the falling of any materials or any workmen.
Whenever workmen are employed and are working on any such
structures, and are using or working on any staging or scaf
folding, swing, hammock or similar contrivance, it shall be the
duty of the owner of such structure and all contractors, subcon
tractors, and employers to maintain, at all times that workmen
are employed thereon, railings or other devices to make such P r o t e c t i v e
staging, scaffolding, hammocks, or other devices safe, and if men staging,
are working over and above to keep and maintain a second scaf
folding or other device above the one upon which such workmen
are employed, so as to prevent any workman from being injured
by falling objects from above.
S ec . 4. It is hereby made the duty of all owners, contractors,
inspection of
subcontractors, corporations, agents, or persons whatsoever, en- appliances,
gaged in the care, operation, management, construction, erection,
repair, alteration, removal, painting, handling, or selling of any
building, bridge, viaduct, shop, factory or business of whatsoever
kind, or in the erection, repair, or operation or management of
any machinery, mechanism or contrivance, or in the transmission,
generation or use of any electricity or other power, or in the manu
facture, operation, preparation, transportation, production, market
ing or use of any dangerous or other appliances, substance, com
modity, or article, to see and to require that all metal, wood, rope,
chains, wires, elevators, gates, gutta-percha, minerals, chemicals,
explosives, machinery, appliances, ways, works, plants, tools, all
contrivances, and everything whatsoever used therein, are carefully
selected, inspected and tested, so as to detect and exclude defects
and dangerous conditions, and that all scaffolding, staging, hoists,
elevators, false work, or temporary or permanent structures, ma
chinery, appliances, tools, mechanisms, and all contrivances used,
are amply, adequately and properly constructed, to bear all
weight and adapted to and perform the services and meet the
requirements for which they are designed or used with safety,
and that they are properly and safely used, operated, handled
and maintained, and that all staging and scaffolding, more
than twenty feet from the ground, are made safe and secure
from swaying, and provided with safeguards so as to prevent the
falling of workmen, and that all dangerous machinery, mecha- Guards fo r
nism, contrivances, tools, hoists, elevators, and cars are securely machinery,
fenced, guarded, covered, or otherwise protected with safety
arrangements and appliances to the fullest extent possible that
the operation of such machinery, hoists, elevators, and other
devices and contrivances shall permit, and that all shafts, open
ings, wells, stairways, floor openings, and similar places or con- S h a f t s ,
ditions of danger, are enclosed and protected, and that a llholsts’ etc*
hoists, machinery, or mechanism operated other than by hand
power, are, when necessary for the safety of persons employed
in or about the same, or for the safety of the general public, pro
vided with a system of communication by means of signals or
otherwise, so that at all times there may be prompt and efficient
communications between the employees and other persons and
the operator of the motive power, and that in the transmission
and use of electricity of a dangerous voltage full and complete Electrical apinsulation shall be provided at all points where the public or Pliancesany employees of the owner, contractor, or subcontractor, trans
mitting or using said electricity, are liable to come into contact
with the wire or wires, and that dead wires are not mingled
with live wires, nor to bq strung upon the same support, and
1060
BU LLETIN OF TH E BUREAU OF LABOR.
tlie arms or supports bearing live wires are especially designated
and distinguished by a color or other designation which is in
stantly apparent, and that live electrical wires carrying a dan
gerous voltage are strung at such distance from the poles or
supports as to permit repair men to freely engage in their work
without danger of shock; and, generally, it shall be the duty of
Condi t i o n s all owners, managers, operators, contractors, subcontractors, and
to be safe.
an other persons having charge of, or responsible for, any work,
mechanism, machinery, appliance, building, factory, plants,
means, employment, or business of whatsoever nature, involving
risk or danger to employees, or to the public, to use every device,
care and precaution which it is practicable and possible to use
for the protection and safety of life, limb and health, limited
only by the necessity for preserving the reasonable efficiency of
such structure, ways, work, plant, building, factory, elevator,
cars, engines, machinery, appliances, apparatus, or other devices
or materials, without regard to additional cost of suitable mate
rials or safety appliances, or safe* conditions, or operations, the
first concern being safety to life, limb and health.
Violations.
Sec. 5. Any person violating any of the provisions of this act
shall be deemed guilty of a misdemeanor, and, on conviction
thereof, shall be fined in any sum not less than ten dollars and
not more than five hundred dollars for each violation thereof.
;
Approved March 6, 1911.
C hapter
F a l s e
charges.
261.— R a ilroad em p loyees— Im p u ta tion s o f d ish on esty .
S ection 1. Every person who shall by any letter, mark, sign or
designation whatever, or by any verbal statement, falsely and
without probable cause, report to any railroad or any other company
or corporation, or to any person or firm, or to any of the officers,
servants, agents or employees of any such corporation, person or
firm, that any conductor, brakeman, engineer, fireman, station
agent or an employee of such railroad company, corporation, per;
son or firm has received any money or thing of value for the
transportation of persons or property or for other service for
which he has not accounted to such corporation, person or firm,
or shall falsely and without probable cause report that any con
ductor, brakeman, engineer, fireman, station agent or other em
ployee of any such railroad company, corporation, person, or
firm, neglected, failed or refused to collect any money or ticket
for transportation of persons or property or other service when if
was their duty so to do, shall, on conviction, be adjudged guilty of
a misdemeanor, and shall be fined in any sum not less than
twenty-five dollars ($25) nor more than one hundred dollars
($ 100).
Approved March 6, 1911.
C h a p t e r 273.— P riv a te em p loym en t offices.
Exemptions.
[This chapter amends chapter 94, Acts of 1909, by exempting
from its provisions agencies, bureaus, or associations organized
under the laws of the State for the purpose of procuring for their
members employment of an educational or professional char
acter; exempted institutions and organizations can charge no
fee, directly or indirectly, for their services.]
Approved March 6, 1911.
C h a p t er 274.— F r e e public em p loym en t offices.
Offices
ated.
ere-
S ection 1. A free employment office is hereby created in each
city of not less than fifty thousand population, for the purpose of
receiving applications of persons seeking employment and appli
cations of persons seeking to employ labor. Such offices shall be
designated and known as Indiana Free Employment Offices.
LABOR LAW S— IN DIANA— ACTS OF 1911.
1061
S ec. 2. Within sixty days after this act shall take effect the
Superintendchief of the bureau of statistics shall appoint a superintendentents*
and a clerk for each of the offices created by section 1 of this act,
who shall discharge, under his direction, the duties herein set
forth and such other duties in connection therewith and in the
collection of statistics as he may require. The tenure of such
appointment shall be optional with the chief of the bureau of
statistics. The salary of each superintendent shall be fixed by
the chief of the bureau of statistics in a sum not to exceed one
thousand two hundred dollars ($1,200) per annum. The salary
of such clerk shall be fixed by the chief of the bureau of sta
tistics in a sum not to exceed eight hundred dollars ($800) per
annum.
S ec. 3. The superintendent o f each such free employment office Office,
shall, within sixty days after appointment, open an office at a
place in such city as shall have been agreed upon between such
superintendent and the chief of the bureau of statistics as being
more [most] appropriate for the purpose intended. * Such office
shall be provided with a sufficient number of rooms and apart
ments to enable him to provide, and he shall so provide, a sepa
rate room or apartment for the use of Women registering for
situations or help. Upon the outside of such office, in position
and manner to secure the fullest public attention, shall be placed
a sign which shall read in the English language, “ Indiana Free
Employment Office,” and the same shall appear either upon the
outside windows or upon the signs in such other languages as
the location of each such office shall make advisable. The super- Records,
intendent or clerk of each such free employment office shall re
ceive and record in books kept for that purpose, the names of all
persons applying for employment or help, designating opposite
the names and addresses of each applicant the character of help
or employment desired. A separate register for applicants for
employment shall be kept, showing the age, sex, nativity, trade
or occupation of each applicant, whether married or single, the
number of dependent children, together with such other facts as
may be required by the chief of the bureau of statistics: P ro
vid ed , That the special registers shall not be open to public inspec
tion at any time, and that such statistical and sociological data
as the bureau may require shall be held in confidence by said
bureau, and if used it shall be so used as not to reveal the iden
tity of any person on such register: A n d provided fu rth er, That
any applicant who shall decline to furnish answers as to the ques
tions contained in special registers shall not thereby forfeit any
rights to any employment the office might secure.
Sec. 4. Each such superintendent shall report on Thursday of Weekly r e each week to the State bureau of statistics the number of applica- ports,
tions for positions and for help received during the preceding
week, and the number of positions secured, also the unfilled appli
cations remaining on the books at the beginning of the week.
The report shall also show the number and character of the posi
tions secured during the preceding week.
S ec . 5. It shall be the duty of each such superintendent of a free Advertising,
employment office to immediately put himself in communication etc.
with the employers of labor, and to use all diligence in securing the
cooperation of employers with said employment office. To this
end it shall be competent for such superintendents to advertise
in the columns of the newspapers, or other medium, for such situa
tions as he has applicants to fill, and he may advertise in a gen
eral way for the cooperation of large contractors and employers
in such trade journals or special publications as reach such em
ployers, whether such trade or special journals are published
within the State of Indiana or not.
S ec . 6 . It shall be the duty of each such superintendent to Annual re
make a report to the State bureau of statistics annually, not later ports,
than December 1st of each year, concerning the work of his office
for the year ending October 1st of the same year, together with a
statement of the expenses of the same.
25202°— Bull. 97— 12------ 13
1062
Fees.
Definitions.
BULLETIN OE TH E BUREAU OF LABOR,
Sec. 7. No fee or compensation shall be charged or received,
directly or indirectly, from persons applying for employment or
help through said free employment offices, and any superintendent
or clerk who shall accept, directly or indirectly, any fee or compen
sation from any applicant, or from his or her representative,
shall be deemed guilty of a misdemeanor and upon conviction
shall be fined not less than twenty-five nor more than fifty dollars
and imprisoned in the county jail not more than thirty days.
S ec . 8 . The term “ applicant for employment” as used in this
act shall be construed to mean any person seeking work of any
lawful character, and “ applicant for help” shall mean any per
son or persons seeking help in any legitimate enterprise; and
nothing in this act shall be construed to lim it the meaning of the
term “ w ork” to manual occupation, but it shall include profes
sional service and all other legitimate service.
Approved March 6, 1911.
C h a p t e r 276.— E xa m in a tion , etc,, o f coal m iners.
O ccu p a tio n
S ection 1. The business of mining coal is hereby declared a
dangerous.
dangerous occupation, industry and business subject to the pro
visions of this act. In every county in this State where the busi
ness of coal mining is carried on or shall hereafter be carried on,
the board of county commissioners of such counties shall appoint
J *,a m in in g a miners’ examining board, said board to consist of two resident
board.
coal miners who shall have had at least five years’ practical
experience in mining coal and shall at the time of their appoint
ment be engaged as miners of coal in the county wherein they are
appointed and one resident of said county who is a coal operator
or mine owner. It shall be lawful for the coal miners individually
or through their organizations to recommend coal miners for such
appointment on such boards and for the coal operators or mine
owners to recommend some mine owner or coal operator for ap
pointment. Said members of said boards shall hold office until
the first Monday of the January next following their appointment,
or until their sucessors shall have been appointed and qualified.
Any vacancy occurring on any of the said boards may be filled by
the board of county commissioners at any regular session of said
board. The first appointments shall be made immediately after
this act becomes effective and thereafter on the first Monday of
each January of each year, or any time thereafter: P ro vid ed ,
That the provisions of this act shall not apply to any county in
this State unless there is located in such county a coal mine em
ploying ten (10) or more miners.
Organization. Sec. 2. Each board shall organize by electing one of their num
ber president and one member as secretary and one as treasurer:
P ro v id ed , That the same member may serve as both secretary
and treasurer. Each member shall within ten days after his
appointment qualify by taking oath or affirmation before some
qualified officer that he will faithfully, honestly and impartially
discharge his official duties, which oath shall be filed with the
auditor of the county in which he resides and from which he is
appointed. The member being chosen as treasurer shall qualify
by filing with the auditor his bond in the penal sum of five
hundred dollars, which bond shall be approved by the board of
county commissioners. Members of said board shall receive as
compensation for their services the sum of four ($4) dollars per
day for each day actually engaged in their official duties, and all
legitimate and necessary expenses incurred in attending the meet
ings of said board, which sum shall be allowed by the county
commissioners, and money for the payment of the same shall be
appropriated by the common council, and the county treasurer
shall pay the same.
reauiredCa * e 8 S ec . 3. After the 15th day of May, 1911, no person shall be
q
*
employed or engaged as a miner in any coal mine in this State
without first obtaining a certificate of competency and qualifi
cation so to do from the miners’ examining board of some county
LABOR LAWS— INDIANA— ACTS OP 191L
1063
in the State of Indiana: P rovid ed , That the above provisions
shall not prevent the employment of a person not having such
certificate to work in the same room with or under the direction
of a miner having such certificate, for the purpose of becoming
qualified to become a miner and to receive such certificate under
tile provisions of the a ct: P ro vid ed , That any male person desir
ing to work with a qualified miner to become qualified shall first
obtain a permit from the miners’ examining board by stating his
age, nativity and residence and paying the sum of one ($1)
dollar therefor. The miners’ examining board shall grant a per
mit to all applicants who are of legal age and who have such in
telligence and character that they will not be a menace to life
and property. It shall be the duty of the State mine inspector
to prepare the form of certificates, permits and books specified
and provided for in this act and it shall be the duty of all miners’
examining boards in this State to use and adopt the forms pre
scribed and prepared by the State mine inspector. A ll expenses
provided for and authorized by this act shall be paid out of the
county treasury o f the counties where the boards contracting the
same are located.
Sec. 4. The said board shall keep a permanent book for the pur- Register,
pose of registering the names o f a ll applicants for certificates o f
competency and qualifications and of all persons applying for
permits to work for the purpose o f learning the business or oc
cupation of mining. Said book shall contain a printed form of
application which shall be filled out, signed and sworn to by each
applicant showing his name, address, nativity, date o f birth, race
and residence of parents, if living, and what experience, if any,
such applicant has had in mining and the location o f mines where
such applicant has been employed, if at all, for at least two years
prior to the application; all applicants shall sign such applica
tion and be sworn to the same by some member of the miners’
examining board, or other authorized person.
Sec. 5. Each applicant for a certificate or permit shall pay said Fee.
miners’ examining board at the time of application a fee of one
($1) dollar. A ll money received by said board shall be paid over
to the county treasurer at least once a month. The said board Reports,
shall annually on the first Wednesday of January of each year
report to the board of county commissioners appointing them
the names of all persons applying for certificates and permits, the
amount of money received and disbursed, the names of all per
sons granted certificates and permits and the names of all* per
sons refused certificates and permits. In every case where an
applicant is refused a permit or certificate it shall be the duty
of said examining board to keep a complete record of the ques
tions asked and answers given and the secretary of said board
shall furnish a copy o f same to any applicant desiring an appeal
to any court of competent jurisdiction free of charge.
Sec. 6 . It shall be the duty o f said board to meet on the first E x a m l n a
Wednesday of each month, but when the said day falls on a leg altlons*
holiday then the day following, and said meeting shall be public,
and when necessary the meeting shall be continued from day to
day for not to exceed three days, if business requires: P ro vid ed ,
That for the first and second sessions the respective boards may
continue in session for a period not to exceed ten days, if business
requires. The examination of all applicants shall be public and
in the English language: P ro vid ed , h ow ever, That in the event
of a non-English speaking applicant so desiring, an interpreter
shall be employed, which interpreter shall first be sworn to cor
rectly and truly interpret all questions and answers in the per
formance of his duty. The members of the board shall have
power and authority to administer oaths and all applicants for
certificates and permits shall be first sworn and orally examined
in regard to their qualifications. A ll applicants for qualification Applicants,
certificates may be required to furnish satisfactory evidence of
their experience in mining and shall possess sufficient knowledge
to be able to understand warnings in regard to dangerous gases
1064
BULLETIN OF TH E BUREAU OF LABOR,
and explosives. In no event shall an applicant be deemed com
petent and qualified unless he appears in person before said board
and answers intelligently at least fifteen questions propounded to
him pertaining to practical mining, which questions shall cover
dangerous gases and other combustibles and explosives and the
preparation of shots and timbering, but in no event shall technical
questions be included in the examination: P ro vid ed , fu r th e r ,
That when an applicant possesses a miner’s qualification certifi
cate of some other State where a miner’s qualification law may be
in effect, he shall be entitled to a qualification certificate in this
State without the formality of an examination. Said board shall
keep accurate records in permanent form of all proceedings of all
sessions held by them containing the names and addresses of all
applicants for permits and certificates and the action taken
Records t o thereon, which records shall be open for inspection at all times by
be open.
persons interested. A ll sessions shall be held in public but the
boards shall, when requested by three miners, or may on their
own motion, separate the applicants and exclude those not ex
amined from the room where the examination is being held. It
shall be unlawful for any person to disclose to any applicant
before his examination the questions to be asked or the answers
thereto: P ro vid ed , That in counties in this State where according
to the last report of the State mine inspector there are less than
one hundred and fifty coal miners employed the miners? examining
board of such counties shall hold meetings only on the first
Wednesdays of January, April, July and October of each year.
The miners’ examining board in any county shall employ an in
terpreter at any meeting where a majority deem it necessary,
which interpreter shall first be sworn to correctly and truly in
terpret all questions and answers in the performance of his duty
and for any false interpretation of fraudulent acts or violations
of any provision of this act shall be subject to the punishment
prescribed in section 12 of this act.
Certificates.
Sec. 7. A ll applicants who shall answer fifteen questions cor
rectly and shall be otherwise qualified and adjudged competent
under this act shall be granted a certificate, which certificate
shall not be transferable. No certificate shall be issued unless
signed by at least two members of the board. No permit shall
be transferable nor issued to any miner under the age prescribed
by law.
Appeals.
Sec. 8. Any applicant being refused a certificate or permit by
any miners’ examining board and feeling himself aggrieved may
appeal to the circuit or superior court located in the county where
such board is located and such court shall have power to issue
such orders therein as may be lawful and just, but no costs shall
be assessed or adjudged against any member o f a miners’ exam
ining board upon such review o f their action. The prosecuting
attorney, State mine inspector or any member o f any miners’
examining board having information that any person has ob-
Fraud, etc.
tained a certificate or permit by means of fraud, misrepresenta
tion or by other unlawful means, or has permitted or is permitting
any other person to use his certificate or permit, or that any per
son is using the certificate or permit which was issued to another
person shall file information before the judge of the circuit or
superior court located in the county where such person is resi
dent or employed and cause summons to be issued as in civil
cases: P ro vid ed , h o w e ve r , I f such officers fail or refuse to file
such information, then any private citizen may file such informa
tion on the relation of the State of Indiana. I f the court or jury
shall after a trial or hearing in such cause, find that such cer
tificate or permit has been unlawfully or wrongfully issued, or
that such person has used the certificate or permit of another or
permitted another to use his certificate or permit, then the judg
ment shall be that such certificate or permit be revoked and that
costs be adjudged as in other civil cases: P ro vid ed fu rth er , That
any person who obtains a certificate or permit by means of fraud,
misrepresentation or by other unlawful means, or has permitted
1065
LABOR LAW S— INDIANA— ACTS OF 1911.
or is permitting any other person to use his certificate or permit,
or any person who uses or permits to be used a certificate or per
mit issued to another shall also be subject to the penalties pro
vided in section 12 of this act
Sec. 9. No person shall hereafter be engaged as a miner in any M i n e r s t o
coal mine in this State in which ten (10) or more miners are h a v e certifi
cates.
employed without first obtaining a permit or certificate as re
quired by this act. No person, firm, or corporation shall employ
any person as a miner who does not hold a certificate or a per
mit, as aforesaid, and no mine foreman or superintendent or other
person shall permit or suffer any person to be employed under
him in any mine under his charge or under his supervision, as a
miner, who does not hold such certificate or permit.
Sec. 10. No certificate of competency or qualification shall be Experience.
granted to any applicant who has not had two years’ experience
in mine work: P ro vid ed , That persons applying for certificates
before the first day of July, 1911, may be granted certificates
without examination, provided they shall establish by satisfactory
evidence of at least three resident householders that they have
been continuously engaged in practical mining two years or more
prior to the time this act becomes effective.
Sec. 11. It shall be the duty of the State mine inspector and Enforcement.
all his deputies and all miners’ examining boards and prosecuting
attorneys to investigate all complaints of the violation of this law
aud to prosecute all such violations.
Sec. 12. Any person, firm, or corporation violating any provi Violations.
sions of this act shall be deemed guilty of a misdemeanor and
upon conviction shall be fined in any sum not less than one hun
dred ($100) dollars and not more than five hundred ($500) dol
lars, to which may be added imprisonment not to exceed six
months in the county jail or workhouse. Any member of any
miners’ examining board, in addition to said penalties shall for
feit his office upon being convicted of violating any provision of
this act
Approved March 6, 1911.
IOWA.
ACTS OF 1911.
Chapter 38.— S treet ra ilw a ys— S a fe ty appliances .
Section 1. Every person, partnership, company or corporation Brakes.
owning or operating a street railway in this State shall equip all
of its double truck passenger cars with power brakes other than
hand, capable of bringing such cars to a stop within a reasonable
distance, together with equipment for sanding the rails, which equipment.
brake and sand equipment shall be so constructed as to be operated
by the motorman on the car operated by him : P ro vid ed , h o w e ve r ,
That no street railway shall be required to equip more than onehalf of such cars now in operation and not so equipped before
January 1, 1912, and all of such cars shall be equipped before
January 1, 1913.
Single truck
Sec. 3. A ll single truck passenger cars over thirty-two (32)
cars.
feet in length hereafter installed in service upon street railways
shall be equipped and operated with the appliances provided for
double truck cars in section one (1) of this act.
Approved April 15, A. D. 1911.
Sanding
C h a p te r 93. — R a ilroads— Caboose cars .
Scope of
Section 1. The provisions of this act shall apply to any corpo^
law.
ration or to any person or persons while engaged as common car
riers in the transportation by railroads of passengers or property
within this State except interurban to which the regulative power
of this State extends.
1066
BU LLETIN OF TH E BUREAU OF LABOR.
Construction
Sec. 2. From and after the 1st day o f January, 1912, it shall be
and equipment unlawful, except as otherwise provided in this act, for any such
o f cabooses.
common carrier by railroad to use on its lines any caboose car or
other car used for like purposes, unless such caboose or other car
shall be at least twenty-four feet in length, exclusive of the plat
form and equipped with two four-wheel trucks, and shall be pro
vided with a door in each end thereof and an outside platform
across each end of said ca r: each platform shall not be less than
eighteen inches in width and shall be equipped with proper guard
rails, and with grab irons and hand brakes, and steps for the
safety of persons getting on and off said car, said steps shall be
equipped with a suitable rod, board, or other guard at each end
and at the back thereof, properly designed to prevent slipping
from said step. Said caboose shall be provided with cupola, and
necessary closets and windows. And be it further enacted that
each caboose car be equipped with an emergency air valve, and
air gage which shall be placed on inside of said car: P ro vid ed ,
That the provisions hereof shall not apply to work trains, transfer
service or emergencies not exceeding thirty-six hours.
R epaired
Sec. 3. Whenever any such caboose cars or other cars now in
cars.
use by such common carriers as provided by section 1 herein, shall,
after this act goes into effect, be brought into any shop for gen
eral repairs, it shall be unlawful to again put the same into service
o f such common carriers within this State, unless it be equipped
as provided in section 2 of this act
Extension of
Sec. 4. The State railroad commission is hereby authorized to
time.
give to any common carrier aforesaid, upon full hearing, and for
good cause shown, a reasonable extension of time in which to com
ply with the provisions of this a ct: P ro vid ed , That in no case shall
such extension in the aggregate exceed a period of one year from
the time herein limited for compliance with this act.
Violations.
Sec. 5. Any common carrier as provided in section 1 o f this act
violating any o f the provisions 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 nor more than five hundred dollars
for each offense.
Approved April 15, A. D. 1911.
C h apter
106.— M in e regula tions .
Section 1. Section twenty-four hundred seventy-eight (2478),
of the Code, is hereby amended to read as follow s:
be XaDoointedt0
The governor shall appoint three (3 ), mine inspectors from
pp^
* those receiving certificates of competency from the board of
examiners as by law provided, who shall hold their office for a
term of three (3) years and until their successor shall be ap
pointed and qualified, subject to removal by him for cause, their
term to commence on the fourth day of July, 1911, and at three
(3 ), year periods thereafter, the present incumbents shall con
tinue in office until their successors are appointed and qualified.
Any vacancies occurring shall be filled in the same manner as
original appointments and the appointee to hold for the unex
pired term only. Each inspector shall in no way be financially
interested in or connected with any mining property, or directly
or indirectly act as the agent, officer or representative of any
person, firm or corporation, and shall devote his entire time and
attention to the duties incumbent upon him as inspector of mines
in the State of Iowa, and shall before entering upon the discharge
Bond.
of his duties, give a bond in the sum of two thousand ($2,000)
dollars and take an oath to be endorsed upon his bond, with
sureties to be approved by the secretary of state, conditioned in
accordance with the tenor of the oath. The bond shall be con
ditioned to faithfully and impartially without fear or favor per
form the duties incumbent upon him, which shall be filed with the
oath and commission and recorded in the office of the secretary
of state.
LABOR LAW S— IOWA— ACTS OF 1911.
1067
Sec. 2. Section twenty-four hundred eighty-four (24S4) o f the
Code is hereby repealed and the following enacted in lieu thereof:
Charges of gross neglect of duty or malfeasance in office Charges o f
against any inspector may be made in writing, sworn to and filed neglect, etcwith the governor, and must be made by five miners, or one or
more mine operators; they shall be accompanied with a bond in
the sum of five hundred dollars, running to the State, executed by
two or more freeholders, approved and accepted by the clerk of
the district court of the county of their residence, conditioned
for the payment of all costs and expenses arising from the in
vestigation of the charges, and thereupon the governor shall con
vene the board of examiners at such time and place as he may
designate, giving the inspector and the person whose name first
appears in the charge ten days notice thereof. The board, at the
time and place fixed, shall proceed to hear, try and determine the
matter, and for this purpose shall summon any material witness
desired, by either party, and may administer the proper oath to all
witnesses. Evidence may also be taken by deposition as in other
cases, and continuances of the hearing may be granted in the
furtherance of justice and upon the application of either party.
After the evidence has been fully heard, the board shall report to
the governor the results of its investigation, and if the charges
are sustained the inspector shall be forthwith removed by the
governor, and in that event the costs and expenses of the hearing
shall be awarded against the inspector or the bondsmen as the
case may be, with the right, however, upon the part of the
aggrieved party to appeal from such findings and order to the dis- A p p e a l to
trict court of any county in the inspector’s district against whom court*
charges were made, by giving notice in writing to the board, or
any member thereof, served in the same manner as original no
tices are served, within ten days from the time of filing the find
ings with the governor, or if the order of removal is made within
ten days therefrom. Upon such appeal all matters shall be heard
bearing upon the charges made, and the pleadings may be amended
within the discretion of the court in the furtherance of justice.
The appeal shall be tried as an equitable action and such order
made as the evidence supports and justice demands: P ro vid ed ,
That nothing herein contained shall be construed to prevent the
governor from proceeding under the law provided for the sus
pension or removal of State officers for malfeasance or non
feasance in office.
Sec. 3. The board of inspectors shall prepare a standard form Forms f o r
of reports which shall be uniform for and throughout the State reports,
and which shall be used in all cases where reports are required
to be made to the district mine inspectors or the board of inspec
tors, as the case may be.
Sec. 4 Section twenty-four hundred eighty-five (2485), of the
Code, is hereby repealed and the following enacted in lieu thereof:
The owner, operator, lessee or person in charge of any mine shall Maps,
make or cause to be made an accurate map or plan of such mine
drawn to a scale not more than two hundred (200) feet to the
inch, on which shall appear the name of the State, county and
township in which the mine is located, the designation of the
mine, the name of the company or owner, operator, lessee or
person in charge, the certificate of the mining engineer or sur
veyor as to the accuracy and date of the survey, the north point
and the scale to which the drawing is made. Every such map
or plan shall correctly show the surface boundary lines of the
coal rights pertaining to each mine and all sections or quarter
section lines or corners within the same; the lines of town lots
and streets; the tracks and side tracks of all railroads, the loca
tion of all wagon roads, rivers, streams, ponds, reservations made
of coal and mineral. For the underground workings said maps
shall show all shafts, slopes, tunnels or other openings to the
surface or to the workings of a contiguous mine; all excavations,
entries, rooms and crosscuts; the location of the escape ways,
and of the fan or furnace or other means of ventilation and the
1068
BU LLETIN OP TH E BUREAU OP LABOR!
direction of air currents and the location of permanent pumps,
hauling engines, engine planes, abandoned works, fire walls and
standing water. A separate and similar map drawn to the same
scale in all cases shall be made of each and every seam of coal
operated in any mine in this State. A separate map shall also
be made of the surface whenever the surface buildings, lines
or objects are so numerous as to obscure the details of the mine
workings if drawn upon the same sheet with them, and. in such
case the surface map shall be drawn upon transparent cloth or
paper so that it can be laid upon the map of the underground
workings and thus truly indicate the local relation of lines and
objects on the surface to the excavations of the mine, together
with any other principal workings o f the mine. Each map shall
also show by profile drawing and measurement, the last one
hundred fifty (150) feet approaching the boundary lines, showing
the rise and dip of the seam, The original or true cojlles o f
all such maps shall be kept at the office o f the mine and true
copies thereof shall also be furnished the State mine inspector
for the district in which said mine is located within thirty (30)
days after the completion of the same. The maps so delivered
to the inspector shall be the property of the State and shall
remain in the custody of the said inspector during his term o f
office, and be delivered to his successor in office. They shall be
kept at the office of the inspector and be open to examination of
all persons interested in the same, but such examination shall
only be made in the presence of the inspector or his office assist
ant, and he shall not permit any copies of the same to be made
without the written consent of the operator or the owner of the
Extensions of property, except as herein and otherwise provided. An accurate
maps.
extension of the last preceding survey of every mine in active
operation shall be made once in every twelve (12) months prior
to July 1st of every year and the result of such survey with
the date thereof, shall be promptly and accurately entered upon
the original map and a true, correct and accurate copy of said
extended map shall be forwarded to the inspector of mines in
the district in which said mine is located so as to show all
changes in plan of new work in the mine, and all extensions of
the old workings to the most advanced face or boundary of said
workings which have been made since the last preceding survey,
and the parts of the mine abandoned or worked out after the
last preceding survey shall be clearly indicated and shown by
colorings, which copy must be delivered to the inspector o f mines
within thirty (30) day after the last survey is made. When
A b a n d o n e d any coal mine is worked out or is about to be abandoned or
mines,
indefinitely closed, the owner, operator, lessee or person in charge
of the same shall make or cause to be made a completed and
extended map of said mine and the result of the same shall
be duly extended on all maps of the mine and copies thereof so
as to show all excavations and the most advanced workings of
the mine, and their exact relation to the boundary or section
lines on the surface, and deliver to the inspector a copy of the
completed map. The State inspector of mines shall order a survey
to be made of the workings of any mine and the result to be
extended on the maps of the same and the copies thereof when
ever in his judgment the safety of the workmen, the support o f
the surface, the conservation of the property or the safety of an
adjoining mine requires it ; and if not made by the owner, oper
ator, lessee or person in charge when ordered by the inspector
it shall be made or caused to be made by the inspector and paid
for by the State and the amount collected from the owner, oper
ator, lessee or person in charge as other debts are collected.
Failure
to
S ec . 5. Whenever the owner, operator, lessee or person in
furnish map. charge of any mine neglects and refuses for a period of three (3)
months to furnish to said inspector the map or plan of such
mine or a copy thereof or of the extension thereof as provided
for by this act, such owner, operator, lessee or person shall be
deemed guilty of a misdemeanor, and upon conviction thereof
LABOR LAW S— IOWA— ACTS OF 1911e
1069
shall be fined one hundred ($100) dollars and shall stand com
mitted to the county jail until such fine is paid, and in addition
thereto the inspector shall make or cause to be made an accu
rate map or plan of such mine or extension as the case may be,
at the expense of the owner, operator, lessee or person in charge
thereof; the cost to be paid by the State and recovered by law
from the said owner, operator, lessee or person in charge in the
same manner as other debts by su it; and it shall be the duty of
the county attorney, of the county in which such mine is located,
at the request of the inspector, to bring such action in the name
and for the benefit of the State.
S ec . 6 . Upon affidavit of an adjoining landowner in the vicinity
Surveys fo r
of said mine, or his agents, filed with the inspector of the adjacent owndistrict stating that it is necessary for the protection of h is ers*
property to know how near his land the excavations in the
mine extend, the inspector shall make an examination or employ
a surveyor therefor if necessary, to determine the length and
direction of entries and other works toward the land of the
applicant and the extent of excavation of same on all of his land,
if any, and make report to the inspector to whom the application
may have been made; the inspector may in such case permit
examination of such map or copies thereof as may be in the
possession of the inspector for the purpose o f and to aid and
assist in determining the location of the workings as herein
contemplated. The necessary expenses incurred and compensa
tion of five ($5) dollars per day to the inspector in favor of the
State and ten ($10) dollars per day to the surveyor shall be
paid by the applicant except when it shall be shown that said
applicants’ property has been undermined, in which case the
expense shall be paid by the mine owner, operator, lessee or
person in charge; and in any case where any owner, operator,
lessee or person operating a mine, who without permission takes
coal from adjoining land he shall be liable for double damages
tberefor and for all expense caused thereby. I f it be found
necessary to survey the premises to discover the facts as con
templated by this act the owner or person filing the affidavit shall
first give a bond or other security to the inspector in favor of
the State in the sum of one hundred ($100) dollars conditioned
to pay all costs and expenses incurred thereby.
S ec . 7. Section twenty-four hundred eighty-six (2486) of the
Code is hereby amended to read as follow s:
The owner, operator, lessee or person in charge of any mine E s c a p e
hereafter constructed and operated by shaft, or one having a slope shafts,
or drift opening in which five or more persons are employed, shall
construct and maintain at least two distinct openings for each
seam of coal worked, which in mines operated by shaft shall be
separated by natural strata of not less than three hundred (300)
feet in breadth, and in mines operated by slope or drift not less
than two hundred (200) feet in breadth, through which ingress
and egress at all times shall be unobstructed to the employees
and persons having occasion to use the same as escape ways or
place of exit from the mine.
S ec . 8. A ll escape shafts hereafter constructed not provided
stairways
with hoisting appliances as hereinafter provided shall have stairs required, when,
at an angle of not more than sixty (60) degrees in ascent; nor
less than two and one-half (2£) feet in width with proper, safe
and substantial landings at convenient and easy distances, and
equipped with good and substantial handrails or banisters. I f
a shaft be used for an escape shaft and air shaft, that part of the
shaft used as an escape way shall be divided and partitioned
closely with good and substantial material from the part used as
an air shaft, all of which shall be kept in safe condition as by
this act provided.
S ec . 9. A ll escape shafts not provided with stairs shall be pro- Hoisting apvided with suitable appliances for hoisting underground workmenp a r a t u s re
al all times ready for use both day and night, while the work- qulred’ w en*
men are at labor, which hoisting apparatus shall be separate and
1070
BULLETIN OF TH E BUREAU OF LABOR.
apart from the hoisting shaft, and the equipment shall include a
depth indicator, brake on the drum, steel or iron cage, safety
catches on cages, and covers on cages to securely protect any
person while on the cage.
W a y s th ro u g h
S e c . 10. Where two or more mines are connected underground
a d ja c e n t m in es, the several owners by joint agreement may use the hoisting shaft,
slope or drift of the one as an escape for the other, and the road
or traveling ways to the boundary on either side shall be kept
clear of every obstruction to travel by the respective operators
and the intervening doors, if any, shall remain unlocked and
ready at all times for immediate use, and when such communi
cation has once been established between contiguous mines it shall
be unlawful for the owner, operator, or person in charge of either
mine to close the same without the consent both of the contiguous
operators and of the State inspector of mines of the district, pro
vided, that when either operator desires to abandon mining op
erations, the expense and duty of maintaining such communication
shall devolve upon the party continuing operation.
Location, etc., Sec. 11. No escape shaft or other place of exit or any air shaft
of shafts.
or 0pening for ventilation not including hoisting shafts shall be
located or constructed without first giving notice to the State
mine inspector and obtain his approval thereof in writing, who
shall retain a copy and file in his office and preserve with other
records of that mine. The State mine inspector of the district in
which any mine is located shall have the right at any time to
order any additional air and escape way, shaft or openings there
for or other place of exit as may be deemed necessary for the
purpose of furnishing additional ventilation or reasonably neces
sary means of escape and such additional air and escape ways
shall only be used in cases of emergency; but if the owner, op
erator, lessee or person in charge of the mine feels aggrieved with
the order as made by the mine inspector of the district in which
the mine is located he shall have the right to appeal from the
decision or the order of the mine inspector in such case to the dis
trict court, where the action shall be tried as an equitable action,
and shall have precedence over any and all other cases, and the
first term of such court held after the taking of such appeal shall
be the appearance term : P ro v id ed , h o w e v e r , That in any case the
State mine inspector may elect by giving four days’ notice to the
party taking the appeal, to bring said cause on for hearing before
any judge of the judicial district in which such mine is located,
who shall make such order as the case demands: P ro vid ed , how
ever, That from and after the fourth day of July, 1911, it shall be
unlawful to construct a furnace shaft in connection with an
escape shaft or other means of exit for the employees of mine,
and all furnace shafts hereafter constructed shall be separate and
apart from the escape way or means of exit.
Ways to be S e c . 12. The escape way shall be ventilated and be kept free
clearfrom vitiated air, accumulation of ice and obstructions of every
kind; nor shall steam or heated air be discharged therein during
the daytime unless an attendant be kept in charge thereof and the
equipments so arranged that the steam or warm air may be
readily turned off at any time when required and a conspicuous
signboard placed in plain view indicating the point where the
steam or warm air may be turned off as by this act contem
plated; and all surface or other water which flows therein shall
be conducted by rings or otherwise to receptacles for the same so
as to keep the stairway reasonably free from falling water.
Tr a v e l i ng
Sec. 13. In any mine affected by this act and every seam of
ways.
coal or other mineral worked therein, there shall be constructed,
kept and maintained safe and accessible traveling ways to and
from any and all escape ways or place of exit, which shall be
maintained free from falls of roof, standing water or other ob
structions and made at least five (5) feet high and seven (7)
feet wide. A t all points where the passage or traveling ways to
the escapement shaft or place of exit intersect, other roadways or
entries, conspicuous signboards shall be placed thereat indicating
LABOR LAW S— IOW A— ACTS OF 1911,
1071
the way to such place of exit. A ll traveling ways shall be inspected
by the mine foreman or his assistant at least once each week,
and written report of its condition made and filed in the office
at the mine which shall be open for examination to all the em
ployees of the mine and such other persons entitled thereto at all
reasonable tim es: P ro vid ed , h o w e v e r , That in any case, when
in the judgment of the mine inspector o f the district where the
mine is located it is deemed impracticable by reason of the con
ditions or strata, to make the traveling way herein referred to
five (5 ) feet in height, then and in that case the traveling way
may be made and maintained less than five (5) feet in height and
seven (7 ) feet in width, but in no case shall the traveling way be
less than three (3) feet in height or six (6) feet in width. But
if any dispute or difference should arise as to the findings or
orders of the mine inspector, in the premises, between such inspec
tor and employer operating the mine, or between such inspector
and at least five operatives working in the mine, then and in that
case the inspector shall furnish, on demand, to the aggrieved party
or parties a copy of the findings or orders complained of and
he shall also file the originals thereof in the office of the board of
State mine inspectors and the aggrieved party or parties may
have the right to appeal from said findings and orders to the dis
trict court of any county in which said mine is located on the same
terms and conditions, so far as applicable, as those provided for
the trial and appeal under section 2 hereof. When appeal is
taken as herein provided the case shall be docketed and prece
dence given over all other cases excepting criminal cases where
the party is in jail, and the inspector may bring the case on for
hearing before any judge of the judicial district where the mine is
located by giving five days notice in writing to the opposite party
and if the evidence fails to show that the order was not a reason
able one as made by the inspector the findings and order of the in
spector shall stand as made by him.
S ec. 14. It shall be unlawful to erect, keep or maintain any
Buildings in
inflammable structure or buildings or other material in the space minesintervening between the main or hoisting shafts, slopes or drifts,
and the escapement shaft or other place of exit or any powder
magazine in such location or manner as to jeopardize the free
and safe exit of the employees from the mine by said escapement
shaft or other place of exit in case of fire or other casualty to
the main shaft, slope or drift buildings.
Sec. 15. All boiler and engine rooms erected or constructed on Boiler and
the surface at any mine from and after July 4th, 1911, shall b een2ine rooms,
constructed of fireproof material and in no case shall the boiler
room be placed within sixty (60) feet of the hoisting shaft, slope
or drift.
S ec . 16. In all cases, after twilight, or when by reason of steam
Lights,
or other causes obscuring the plain view of the top and openings
of any shaft, there shall be maintained a good and substantial
light, but in no case shall an open light or torch be used.
S ec . 17. A t the bottom of each hoisting shaft there shall be Way around
constructed a safe and convenient traveling way around the shafth ° t t o m
of
for employees and animals, and it shall be unlawful for any per-snattson to pass across the shaft bottom in any other manner than by
the traveling way herein contemplated; except such employees as
may be necessary to perform the work at the bottom of the shaft
or those engaged in making repairs.
S ec. 18. On all single track haulage roads wherever hauling is
P l a c e s of
done by machinery •or other mechanical device, and on all refuge,
gravity or inclined planes in mines where it is impractical to
construct a separate traveling way and which persons employed
in the mines must use while performing their work or travel on
foot to and from their work, places of refuge must be cut in the
side wall not less than three (3) feet in depth and four (4 ) feet
wide and five (5) feet high, and not more than twenty yards
apart unless there be a clear space of not less than two and onehalf feet between the car when on the track and the rib or side
1072
BULLETIN OF TH E BUREAU OF LABOR.
of the entry of the haulage w ay; but in no case shall such haul
age way be used as a traveling way unless it shall first be deter
mined by the inspector that it is impracticable to construct, keep
or maintain a separate traveling way, and in all such cases, unless
otherwise determined by the inspector to be impracticable, there
shall be kept and maintained a separate traveling way for the
employees which shall at all times be maintained in good and
safe condition and free from falls of roof and other obstructions.
On every such haulage road which is more than one hundred
(100) feet in length a code of signals shall be established between
the hauling engineer and all points on the road, except where
hauling is done by motor; and a conspicuous light shall be carried
on the front of every trip or train of trip cars moved by ma
chinery.
Entries.
Sec. 19. All entries hereafter constructed in which the hauling
is done by draft animal and wherein the employees perform their
work or use as a means o f ingress and egress to and from their
working places, shall be maintained substantially eight (8) feet
in width from one rib or side o f the entry or haulage way to the
opposite side, which shall be kept free from timbers or other
refuse and as reasonably even on the surface o f each side o f
the track as may be reasonably practicable: P rovid ed , h o w ever ,
That this section o f the act shall not apply to such haulage ways
in long-wall work when the inspector o f the district where the
mine is located shall determine that it is impracticable to main
tain the width o f the entry or haulage way as herein provided.
Sec. 20. Section twenty-four hundred eighty-seven (2487) of the
Code, is hereby repealed and the following enacted in lieu thereof:
L i m i t for In all mines there shall be allowed one year to make escape
shaftIUCti0n °f shafts or other means o f exit as provided by law, but not more
than twenty persons shall be employed in such mine at any one
time until the provisions o f the law relating to escape shafts or
other means o f exit shall have been complied with and after the
expiration o f the period above mentioned it shall not be operated
until made to conform to the provisions o f law with reference to
the escape shafts or other means or exit.
Sec. 21. The law as it appears in section twenty-four hundred
eighty-eight (2488) o f the Supplement to the Code 1907, is hereby
repealed and the following enacted in lieu thereof:
V e n tila tio n .
The owner, operator, lessee or person in charge of any mine,
whether operated by shaft, slope or drift shall provide and main
tain an amount of ventilation of not less than one hundred cubic
feet of air per minute for each person employed in the mine, nor
less than five hundred cubic feet of air per minute for each mule,
horse or other animal used therein, which shall be so circulated
throughout the mine so as to dilute, render harmless and expel
all noxious and poisonous gases in all working parts of the same;
but in no case shall the air current be a greater distance than
sixty feet from the working face except when making crosscuts
in entries for an air course, then in that case the distance shall
not be greater than seventy feet: P ro v id ed , h o w e ve r , That in a
special case requiring it, the State mine inspector may, in writ
ing, grant permission to go beyond the limit herein mentioned.
When the air current is carried to the working face of the room
in double-room mining, such air current shall be treated as that
contemplated in this act. The measurements of the air currents
as herein contemplated shall be taken at the bottom of the intake
and near the mouth of each split thereof, and also near the work
ing face of the entries; and the person in charge of the mine shall
be furnished with an anenemometer by the owner or lessee of the
mine, who shall take the measurements of the air as herein con
templated at least once each week and make a record thereof
showing the time and place and when and where measurements
were taken, copy thereof shall be retained at the office of the
mine where operated, and report sent each month to the State
mine inspector of the district in which said mine is operated.
LABOR. LAW S— IOWA— ACTS OF 1911.
1073
S ec . 22. In every mine the air current shall be split and so
Currents to
conducted that not more than eighty employees at any time sh allbe split*
be employed on or in each split except in case of emergency:
P ro vid ed , That the inspector of the district where the mine is
located may in writing grant permission for a greater number not
to exceed fifty when the required number of cubic feet of air per
minute is properly circulated therein.
S ec . 23. Artificial means of exhaust steam, fans, furnaces or Appliances,
other contrivances of sufficient capacity shall be kept in operation
to supply the air current, but if a furnace is used it shall be so
constructed by lining the upcast for a distance for* not less than
fifty feet or for such greater distance as special cases may be
required and determined by the State mine inspector, with inde
structible material so that fire can not be communicated to any
part of the works.
S ec . 24. On all haulage ways where doors are maintained to Doors to be
direct the air current, it shall be the duty of the driver or other closed*
employees, passing through the same, to see that the same are
properly closed.
S ec . 25. A ll breaks through in entries except the last one shall
B r e a k
be securely closed and all stoppings in breaks through except the throughs.
one next to the last in the entries shall be made with some sub
stantial material so as to securely and completely close the same,
and thereby prevent the air from passing through or in any part
thereof, which shall be subject to the State mine inspector’s ap
proval, who is hereby authorized and empowered to require any
change to be made in the material or construction for the pur
pose of and to reasonably comply with the provisions of law and
for the purposes intended. The stoppings in the next to the last
break through in entries may be constructed temporarily of some
suitable material until one additional break through has been
made when the temporary stoppings shall be replaced with mate
rial as by this act contemplated.
S ec . 26. A ll breaks through in the rooms, except the last one
game,
shall be closed and securely fastened so as to prevent the air
from passing through the same, which stoppings shall be of suit
able material and subject to the approval of the State mine in
spector of the district in which the mine is operated. The mouth
or openings of all abandoned rooms shall be securely closed in the
manner as provided for permanent stoppings in entries and all
abandoned works shall be closed in like manner. A ll breaks
through in entries must be of an area of not less than twentyfive (25) feet and in rooms not less than twenty (20) feet for
the purpose of and to accommodate the air current as herein con
templated.
S ec . 27. When the State mine inspector finds the air insuffi- N o t i c e
of
cient or the employees working in unsafe or under improper dft?onsGr C° n’
health conditions, he shall at once give notice to the mine owner
or his agent or person in charge, and upon failure to make the
necessary changes within such reasonable time as said mine in
spector may fix, he shall then and there order the employees,
except such as may be necessary to correct the defect and make
the repairs, to cease work and remain out of the mine until the
defects are corrected and the mine put in proper condition, and
any person, employer or employee failing to comply with the
order of the State mine inspector relating thereto shall be deemed
guilty of a misdemeanor and upon conviction thereof shall be
fined not less than five ($5) dollars and not more than one
hundred ($100) dollars.
S ec . 28. Section twenty-four hundred eighty-nine (2489) of the
Code is hereby repealed and the following enacted in lieu thereof:
The owner, lessee, operator or person in charge of any mine M e a n s of
shall in all mines operated by shaft, slope or drift, where the communication,
voice can not be distinctly heard, provide and maintain a metal
speaking tube or other adequate means of communication and
keep the same in complete order from the bottom or interior to
the top or exterior, and in all cases where mechanical means
1074
BULLETIN OF TH E BUREAU OF LABOR.
are used in any shaft, slope or drift, to hoist or lower employees,
the owner, lessee, operator or person in charge of such mine
shall keep and maintain a suitable, sober and competent person
at the top and bottom in charge of the signals during such time
of lowering and raising the employees, who shall be and remain
on duty for at least thirty (30) minutes before and after the
nsual hours for beginning and stopping the ordinary work of the
mine.
S ec. 29. In all shafts where the employees are raised and low
ered by machinery or otherwise, there shall be provided a good
and sufficient brake on the drum so adjusted that it may be oper
ated by the engineer without leaving his post at the levers.
Flanges shall be so attached or arranged to-the sides of the drum
of any engine used, with a clearance of not less than four inches
when the whole rope is wound on the drum. The ends o f the
hoisting cables shall be well secured on the drum and at least two
and one-half (2|) laps of the same shall remain on the drum
when the cage is at rest at the lowest caging place in the shaft.
An index dial or indicator shall be so arranged to show at all
times the true position of the cages in the shaft which shall be
so attached to the machinery as to furnish constant information
and guidance to the engineer; and all cages used in any shaft
shall be equipped with good safety catches and must be suspended
between good substantial guides, the cages so constructed over
head with boiler iron that falling objects can not strike persons
being hoisted therein, and at all landings and openings at the
top of all shafts there shall be maintained an approved safety gate
constructed in such manner as to at all times close the opening
or entrance to the shaft when the cage is not at rest at that point,
and proper or adequate springs at the top of each slope and a
trail or dog attached to each train used therein, and not more
than ten persons shall be allowed to descend or ascend in any
cage at one time or such less numbers as may be fixed by the State
mine inspector; but no person at any time shall be allowed to ride
in the shaft or any cage with a car, tools or other material or
when such car, tools or material is on the opposite cage, except
when absolutely necessary in the performance of work in the
making of repair; and no person shall ride upon a loaded trip
while in any part of the mine, except the conductor or person in
charge thereof or any person in the performance of his duty.
Hoists
Speed
cages.
of
Engineers.
Sec. 30. Cages on which employees are riding shall not be lifted
or lowered at a rate o f speed greater than four hundred (400)
feet per minute, and no cage having any unstable or self-dumping
platform or device shall be used for the carriage o f employees
or material other than coal or mineral unless the same is pro
vided with some convenient device by which the cage platform
can be securely locked when employees are being conveyed thereon.
Sec. 31. The owner, lessee or operator or any person in charge
of any mine shall not place in charge of any engine in and
around the mine any but competent and sober engineers who shall
not permit any person but those designated to handle, operate, or
interfere with it or any part of the machinery except such as may
be necessary in making proper and needed repairs, or an appren
tice and then only when the engine or machinery is not in use in
hoisting or lowering employees or hoisting coal or mineral; and
no person shall be permitted to talk to the engineer while in the
performance of his duty in hoisting or lowering employees, coal
or mineral. There shall be placed in plain view of the engineer
while at his post of duty at some conspicuous point, a code of sig
nals as by this act provided, and which shall be in like manner
placed at the top and bottom o f each shaft, slope or d rift; and it
shall be the duty of the engineer at least once each day to care
fully inspect all of the machinery and apparatus under his charge
and carefully note all of its parts, and if any defects appear
which will endanger the life or limb of any employee in the use
thereof he shall cease operating the machinery until the defects
are corrected. No person but the engineer shall be allowed in
LABOR LAW S— IOWA— ACTS OF 1911.
1075
the engine-room except on business connected with the operation
of the mine or to repair machinery, and in such case shall imme
diately retire therefrom when the work is completed or business
transacted.
S ec . 32. In all mines operated by shaft, slope or drift where
Signals,
machinery is used in the operation of the plant, the following code
of signals shall be used between the engineer and other employees
for the purpose of operation:
One ring or whistle shall signify to hoist coal or empty cage;
and also to stop when the cage is in motion.
Two rings or whistles shall signify to lower cage.
Three rings or whistles shall signify that employees are coming
up; when return signal or one ring or whistle is received from
the engineer employees shall then be permitted to enter the cage,
but not before, when one ring or whistle shall be given to start.
Four rings or whistles shall signify to hoist slow ly; implies
danger.
Five rings or whistles shall signify accident within the mine
and a call for stretcher and supplies.
Six rings or whistles shall call for a reversal of the fan.
From top to bottom one ring or whistle shall signify all ready,
get on cage.
Two rings or whistles from top to bottom shall signify send
away empty cage which shall be answered from the bottom with
one ring or whistle and the cage may then be moved.
P ro v id ed , That the owner, lessee or operator in charge of such
mine may with written consent of the State mine inspector add
to this code of signals in his discretion when deemed necessary
for the efficiency of the mine or the safety of the employes, but
any addition thereto shall be posted as by this act provided for
the information of the engineer and employees.
S ec. 33. The owner, lessee, operator or person in charge of any
Timbers,
mine shall at all times keep a sufficient supply of caps and timbers
to be used as props or otherwise, convenient and ready for use
and shall send such caps, timbers and props down when requested
and deliver them to the places where needed.
S ec . 34. In all mines where coal is blasted from the solid, the
Material for
owner, lessee, operator or person in charge shall furnish sand, tamping,
soil or clay to be used for tamping which shall be delivered to
the employee and placed at a convenient distance from the work
ing places ready for use, and so as not to obstruct the employee in
the performance of his ordinary duties as a workman; and in
such work no person shall be permitted to use any substance or
material other than sand, soil or clay for tamping.
S ec . 35. The owner, operator, lessee or person in charge of any
Dusty ways,
mine shall not permit the accumulation of dust upon and along
the roadways; and where the roadway is dry and dusty shall
cause the same to be sprinkled at least once each week and as
much oftener as conditions may require.
S ec. 36. The owner, lessee, operator or person in charge of any
stables,
mine shall not be allowed to locate a stable, at a point in any
mine where the air current supplied to the employees passes
through such place and in no case shall such stable be located
without first having given notice to the State mine inspector who
shall determine the suitability of the place proposed for the loca
tion of the stable in any mine in this State; and if approved shall
consent thereto in writing, a copy thereof shall be retained and
filed in the office of the inspector of mines of the district where
the mine is located. The material used in the construction of the
stables herein contemplated, shall as near as reasonably prac
ticable be incombustible and such stables shall not be used as a
place for storing, or any inflammable material stored therein,
except such hay as may be reasonably necessary for one day’s use.
S ec . 37. No gasoline engine except gasoline haulage motors
Gasoline enwhere the exhaust is properly cared for or supplies of gasoline gines.
therefor shall be located in or near the air current which sup
plies the employees of any mine with air, but in all cases shall
1076
BULLETIN OF THE BUREAU OF LABOR,
be placed upon the return and located at least twenty (20) feet
from any and all traveling ways, but in no case shall any gaso
line engine or place for supply of gasoline therefor be located
without first having the approval in writing of the State mine
inspector who shall determine the suitability o f the location of
said engine or supplies. The supply of gasoline required for the
operation of said engine shall be kept at the place selected, and
shall not exceed twelve gallons at any one time, except that in
case of emergency such engine may be temporarily placed where
needed and the inspector of the district where the mine is located
immediately notified thereof, who shall at once proceed to the
mine and determine as to the safety of the employees of the mine
while the engine is so operated at the place required, and if in
his judgment the operation thereof can be continued with reason
able safety to the employees of the mine at the place required,
the owner, lessee or person in charge of the mine may continue
the operation thereof while the employees of the mine are at work
until the emergency therefor shall have ceased; otherwise the
inspector shall order the employees, except such as are required
to operate the engine and work connected therewith, to leave the
mine until the same is made safe. A t all hoisting shafts, air
shafts, escape shafts and places of exit, boiler and engine rooms,
stables in mines and places where gasoline engines are used, there
F i r e extin-shall be kept ready for use at all times at least two (2 ) good,
guishers.
hand fire extinguishers, conveniently placed for immediate use
when needed.
Telephones.
S ec . 38. In all mines where the working parts thereof exceed
three thousand (3,0 0 0 ) feet from the foot of the slope, shaft or
the mouth of a drift as the case may be, a good and substantial
telephone system or other like suitable means of communication
shall be maintained from the bottom to some suitable and con
venient point at all times ready for use, which shall be extended
as the works of the mine progress three thousand (3,0 0 0 ) feet
therefrom.
Provisions
S ec . 39. The owner, operator, or person in charge of any mine
for accidents. sha \\ at an times keep in readiness for use in case of accident
and at the mine at some convenient place, one good and substan
tial stretcher for each fifty (50) employees engaged in the oper
ation of the mine, and proper and sufficient blankets for each
stretcher, together with a sufficient and reasonable supply of
bandages.
R e p o rts.
S e c . 40. The owner, lessee, operator or person in charge of any
mine shall on or before the first day of August in each year send
to the office of the inspector of the district where the mine is lo
cated upon blanks furnished by the State a correct return with re
spect to the year ending July first of each year, the quantity of
coal mined and the number of persons ordinarily employed at,
in and around such mine designating the number of persons
below and above ground and such other information as required
by such blank. In all cases, the owner, operator, lessee or person
in charge of any mine in this State, upon the happening of any
Accidents,
accident, by which injury occurs to any of the employees above
or below ground, shall immediately report the same to the State
mine inspector of the district in which said mine is located, which
report shall contain a detailed statement of the extent of the
accident, and the manner in which it occurred, which report shall
conform to the standard form of reports, as provided by the
State mine inspector in such cases.
D u t i e s of S e c . 41. It shall be the duty of the mine foreman or pit boss in
foremen.
charge of any mine or part thereof to make careful inspection of
the mine from day to day by himself or assistant and at such
other times as in his judgment conditions may require. He shall
give such directions and formulate such rules for the guidance
of the men employed in the mine as skillful and safe operation
of the mine may require. He shall see that the mines are sup
plied with props of proper lengths, caps and other timbers neces
sary to securely prop the roof of such mine, and the rooms where-
LABOR LAWS---- IOWA— ACTS OF 1911,
1077
in the men are employed, and such material shall be conveniently
placed for the use of the miners. He shall keep a careful watch
over the ventilating apparatus and airways, together with all of
the stoppings, doors and other means of directing the air current.
He shall keep a record of the boys under sixteen (16) years of
age employed by him during the time of school vacation, show
ing their ages, names and residence of parents or guardian and
character of employment, which record shall be kept at the office
of the mines and open for inspection at all reasonable times. He
shall examine the escape shaft, manway, the traveling ways
leading thereto, or cause them to be examined by his assistant
once each day, and written report of the conditions shall be made
and filed in the office at the mine, which shall be open for ex
amination at all reasonable times to representatives of the em
ployees and such other persons entitled thereto. A copy of such
report shall be sent each month to the State mine inspector of
the district in which said mine is operated. If he finds the con
dition of the escape shaft, manway or traveling ways impassable
or dangerous, he shall immediately notify the employees of the
mine thereof, and shall immediately upon the discovery of the
defect, place such obstructions at the defective place as may be
reasonably necessary to apprise the employees of the danger.
Sec. 42. The term “ mine foreman,” as mentioned in this act, D efin ition o f
and the law of this State, shall mean and be construed to be fo re m a n .
one in charge of the underground workings or department of the
mine or any part thereof, either by day or night.
Sec. 43. In any case where the mine foreman, pit boss, engi C e r t i f i c a t e s
neer or other person receiving a certificate under the law per re v ok ed w h en.
taining to mines and mining within this State, shall have willfully
disobeyed the orders of the mine inspector or have been con
victed of a misdemeanor as by this act provided, his certificate
shall be revoked, if the evidence warrants upon complaint being
filed with the board of examiners who shall proceed to hear
the case at such time and place as they may determine, which
shall be as soon as practicable after the charges are filed and
notice by them given to the accused. The board shall have
power to subpoena the witnesses and administer oaths and a
majority of the board required to determine the questions at
issue: the costs incurred shall be taxed to the losing party and
collected as in other cases.
Sec. 44. It shall be the duty of each employee to examine his D u t i e s o f
working place upon entering the same and shall not commence m in ers, etc.
to mine or load coal or other mineral until it is made safe.
Each miner or other employee employed in a mine shall securely
prop and timber the roof of his working place therein and shall
obey any order or orders given by the superintendent or mine
foreman relating to the width o f the working place and to the
security of the mine in the part thereof where he is at work.
Each miner or other person shall avoid waste of props, caps,
timbers and other material and when he has props, caps, timbers
or other materials not suitable for his purpose, he shall place
the same at some convenient point near the track and where the
same may be readily seen, and inform the mine foreman or
other person in charge, of their being unsuitable for the purpose
intended. When draw slate or other like material is over the
coal he shall see to it that proper timbers are placed thereunder
for his safety before working under the same, and it shall be
unlawful and a violation of this act for any person working in
a mine at any time to leave any of the doors open that direct
the air current after he has passed through the same, but shall
closely observe after passing through such doors that the same
are properly closed.
Sec. 45. No workman or other person shall knowingly injure I n ju r in g
a water gauge, barometer, air course, brattice, equipment, ma p lia n ce s.
chinery or live stock; obstruct or throw open any airway, handle
or disturb any part o f the machinery o f the hoisting engine o f
the m ine; open a door o f a mine and neglect to close i t ; endanger
25202°— Bull. 97—12-----14
ap
1078
BULLETIN OF T H E BUREAU OE LABOR.
the mine or those working therein; disobey any order given in
pursuance of law or do a willful act whereby the lives of persons
working therein or the security of the mine or the machinery
connected therewith may be endangered; and it shall be unlawful
for any workmen or person to place any refuse material or any
obstruction in any part of the air course or any part of the
breaks through in the entries or rooms other than as by this act
provided.
in to x ic a te d
S e c . 46. No person shall go into, at or around a mine or the
o e rs o n s .
buildings, tracks or machinery connected therewith while under
the influence of intoxicants and no person shall use, carry or
have in his possession, at in or around the mine or the build
ings, tracks or machinery connected therewith, any intoxicants.
Blasting.
S e c . 47. It shall be unlawful for any miner or other person
to charge a drill hole with powder or other explosive until the
shot examiner shall have first examined the same, and the shot
examiner shall forbid the charging of any drill hole with powder
or other explosive, if in his judgment he believes it would be
unsafe to the employees to discharge the shot as herein con
templated; and in any case where the shot examiner forbids the
charging of any drill hole as by this act provided, he shall im
mediately make a cross with chalk markings at the mouth of
the hole when condemned and make an entry thereof in a book
retained by him for that purpose, stating the name of the per
son working in such place, the number of drill holes in such
place which he forbids being charged with powder or other
explosives and the date thereof, which record shall be retained
and kept in-tact for at least one week; and it shall be unlawful
for any shot firer or any other person to discharge any shot or
blast until it has first been examined; nor shall any person fire
a shot or blast which has been condemned by the shot examiner
as by this act provided, and in any case when the mine foreman
shall have forbidden the charging of any drill hole or the firing
of any shot, no person shall be permitted to charge such hole or
fire such shot, and if the shot examiner forbids the charging of
a hole or the firing of a shot, the mine foreman shall not cause
the hole to be charged or the shot fired.
in w h a t
S e c . 48* The law as it appears in section twenty-four hundred
m in es certified eighty-nine-a (2489-a) Supplement to the Code 1907, is hereby
heFe m p lo y edUStamended by striking out the words “ whose daily output is in
excess of twenty-five (25) tons,” as found in the fourth and fifth
lines thereof, and substitute therefor the follow ing: “ employing
five (5) or more persons therein”
S e c . 49. Section 'twenty-four hundred ninety-three (2498), of
the Code, is hereby repealed and the following enacted in lieu
thereof:
Oil.
Only pure animal or vegetable oil or other means for illu
minating purposes equally as safe and free from smoke or of
fensive odor shall be used in any mine in this State; and for
the purpose of determining the purity of oils the State board of
health shall fix a standard of purity of the said oils and estab
lish regulations for testing the same, and when so determined and
established shall be recognized by all of the courts of this
State. And in any case where any material, substance or other
means of illumination is used for illuminating purposes as by
this act contemplated any refuse part thereof remains after use
which gives off any gas or offensive odor shall by the person
using it be removed from the mine at the end of his day’s work.
Sec. 50. That the law as it appears in section twenty-four hun
dred ninety-four (2494) Supplement to the Code 1907, is hereby
repealed and the following enacted in lieu thereof:
Impure oil.
Any person, firm or corporation either by themselves, agents,
or employees selling or offering to sell for illuminating purposes
in any mine in this State any adulterated or impure oil, or oil
not recognized by the State board of health as suitable for illu
minating purposes or other substance to be used for illuminating
purposes not equally as safe and free from smoke or offensive
LABOR LAWS---- IOWA— ACTS OF 1911.
1079
odor as oils contemplated by this act, shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be fined not less
than twenty-five ($25) dollars or more than one hundred {$100)
dollars for each offense; and any mine owner, lessee, operator or
employee thereof who shall knowingly use, or any mine owner,
lessee, or operator who shall knowingly permit to be used, for
illuminating purposes in any mine in this State, any impure or
adulterated oil or any oil or other means o f illuminating, the use
of which is forbidden by this act, shall, upon conviction thereof
be fined not less than five ($5) dollars or more than twenty-five
($25) dollars.
S e c . 51. In all cases arising when not covered by statute it is
F a i l u r e to
found necessary that some change, improvement or device is re“ ?nsDectoretS ° f
quired to reasonably protect the life, health or limb of the em1
pioyees of any mine or works connected therewith, and the owner,
lessee, operator or person in charge fails or refuses to make the
change or the improvement or supply the device needed within a
reasonable time after written notice thereof, having been given
by the inspector of the district within the district where the mine
is located, the inspector shall file a verified petition with the clerk
of the district court of the county where the mine is located set
ting out the facts and thereupon give five days’ notice to the ac
cused in the same manner as original notices are given and served,
stating the time and place and the name o f the judge before whom
the case will be tried, who shall hear the evidence offered by
either party, and when and where the defaulting party shall be
required to appear at the time and place mentioned in the notice
which may be at any place convenient for the judge in the judicial
district. The proceedings shall be entitled the State of Iowa as
plaintiff, and the owner, operator or person in charge as defendant,
who shall plead on or before noon of the fourth day after notice.
A t the time and place fixed in the notice the case shall be heard
and tried by the judge as in equity, who shall make such order
as the evidence supports. The burden of proof shall rest upon the
plaintiff to show that the order of the inspector was a reasonable
one or the proposed change, improvement or device reasonably
required for the purpose intended; and if the evidence in the
whole case fails to prove that the order as made by the inspector
was a reasonable one or the proposed change, improvement or
device necessary for the purposes intended, the judge shall forth
with issue a mandatory order for compliance therewith, and enter
the same of record in the district court of the county in which
the hearing is had or the mine in controversy located. I f the de
fendant has failed to comply with the order made by the judge,
such defendant may be charged with contempt o f court and upon
conviction thereof be fined not to exceed five hundred dollars
($500) and committed to the eounty jail until such fine is paid.
The clerk o f the district court where such petition has been filed
shall issue subpoenas at the request of either party, and witnesses
shall be required to respond thereto as in other cases, and it
shall be a part of the county attorney’s official duty to represent
the plaintiff in all matters pertaining to the proceedings. Pend
ing such proceeding, the judge may, if in his judgment it is
deemed advisable for the safety of the employees, order the mine
closed until such changes are made as i have been directed by him.
Sec. 52. In all cases the penalties as provided by the law in
sections twenty-four hundred ninety-one (2491) and twenty-four
hundred ninety-two (2492) o f the Code, shall apply to this act
except when otherwise herein provided.
Approved May 6, A. D. 1911.
C
h apter
171.— F a c to r y regulations— T oilets and w a sh room s.
[This chapter amends section 4999al of the Code {Supp. 1907),
by providing that water-elosets and privies in factories and work
shops shall be free from all obscene writing or marking, and shall
be supplied in the proportion of at least one to every twenty em
ployees; also by adding the follow ing:]
Penalties,
1080
BULLETIN OF T H E BUKEAU OF LABOB.
T o ile t room s.
In factories, mercantile establishments, mills and workshops,
adequate washing facilities shall be provided for all employees;
and when the labor performed by the employee is of such charac
ter as to require or make necessary a change of clothing, wholly
or in part, by the employees, there shall be provided a dressing
room, or rooms, lockers for keeping clothing and suitable washing
facilities separate for each sex, and no person, or persons, shall
be allowed to use the facilities assigned to the opposite sex; a
sufficient supply of water suitable for drinking purposes shall be
provided.
Approved April 3, A . D. 1911.
Chapter 172.— F a c to r y regulations— G uards fo r dangerous
m a ch in ery .
[This chapter amends section 4999a5 of the Code (Supp. 1907),
relating to the enforcement of the inspection law, by requiring
orders of officials to be complied with in thirty days instead of
ninety days as form erly; also by adding the follow ing:]
R e mo v i n g
Whenever any person, in any manufacturing or-*other establish
g u a rd s.
ment wherein machinery is used and wherein or whereon guards
or safety appliances have been provided, shall remove such guards
or safety appliances from any machine or other equipment or
shall so adjust such guards or safety appliances as to destroy
their purpose of preventing bodily injuries, excepting whenever it
becomes necessary to remove some or all of the guards, including
springs or pressure bars that may properly come under this act,
to enable the employee operating said machine to perform certain
special work that can not be performed with guard, it shall be the
duty of said employee or employer to immediately replace them
after said work has been completed. Any person, who may
neglect or refuse to comply with the provisions of this act, shall
be punished by a fine of not less than five, ($ 5 ), dollars, or more
P e n a lty .
than one hundred, ($100), dollars, or by imprisonment in the
county jail not to exceed thirty, (3 0 ), days.
Approved April 15, A. D. 1911.
Chapter 205.— E m p lo y e r s ’ liability com m ission .
C o m m is s io n
crea ted .
W h o to
m em bers.
Duties.
Report.
he
Section 1. A commission o f five (5) persons is hereby created
to be known as the employer’s liability commission to be consti
tuted and appointed as hereinafter provided.
Sec. 2. The governor shall appoint within sixty (60) days after
this act takes effect, five (5 ) persons as members of said commis
sion who shall be citizens of Iowa, two (2) employers of labor,
two (2) employees known to represent the interests of workmen
and one disinterested person. The commission shall elect its own
chairman and shall have the power to fill any vacancy that may
occur in its membership: P ro vid ed , h o w e ve r , The vacancy shall
be filled by a person of the same qualifications as the person
whose vacancy he fills. The majority of the members of the com
mission shall constitute a quorum.
Sec. 3. Said commission shall investigate the problem of indus
trial accidents and especially the present condition of the law of
liability for injuries or death suffered in the course of industrial
employment as well in this State as in other States, and shall in
quire into the most equitable and effectual methods of providing
compensation for losses suffered and it shall as far as practi
cable cooperate with the commission of other States for like pur
poses. It shall, on or before the 15th day of September, 1912,
report its conclusions with a draft of such bill or bills as may be
deemed appropriate to the governor who shall at once publish
said report and draft of bill or bills, who shall transmit said re
port to the 35th general assembly for action thereon. A copy of
said report shall be mailed to each member elect of the thirty-fifth
general assembly not later than November 15, 1912.
LABOR LAW S— IOWA— ACTS OF 1911.
Sec. 4. The commission shall meet at the call of the chairman
and appoint and elect a secretary. It shall cause a record to be
made and kept of its proceedings. It shall have power to em
ploy such clerks and assistants as may be necessary in addition
to the secretary and shall fix their compensation, and may incur
such other expenses as are properly incident to the work of the
commission. The members of the commission shall be paid ac
the rate of five dollars ($5) per diem while actually engaged in
the work of such commission and reimbursed for their actual
expenses incurred in the work of said commission.
Sec. 5. The sum of eight thousand dollars ($8,000) or so much
thereof as may be necessary, is hereby appropriated for the ex
pense of the commission and other expenses herein contemplated,
and the auditor of state is hereby authorized to draw a warrant
for the foregoing amount or any part thereof in payment of any
expenses, charges or disbursements authorized by this act on order
of the commission signed by its chairman, attested by its secretary
and approved by the governor. The executive council is hereby
authorized and empowered to provide all necessary printing for
said commission.
1081
M eetin g s, e tc.
E xp en ses.
Sec. 6. When the report by said commission shall have been Com m ission
t e r mi n a t e ,
filed with the governor as herein contemplated, their duties as to
when.
such shall cease and their term o f office terminate.
Approved April 11, A. D. 1911.
KANSAS.
ACTS OF 1911.
C h a p t e r 187. — E m p lo ym en t offices.
S ection 1. No person, firm or corporation of this State shall L i c e n s e re
open, operate and maintain an employment agency or office to fu r-quirednish to employers persons seeking to be engaged in manual labor,
clerical, industrial, commercial or business pursuits, and to secure
employment for such described persons or where a fee, commission
or other consideration is charged to or exacted or received from
either applicants for employment or for help, without first obtain
ing a license for the same from the director of the State free em
ployment bureau. The uniform fee for such license in cities of
20,000 inhabitants and over shall be twenty-five dollars per an
num, and, in cities containing less than 20,000 inhabitants, ten
dollars per annum. Every license shall contain a designation of
the pity, street and number of the building in which the licensed
party conducts such employment agency. The license together
with a copy of this act shall be posted in a conspicuous place in
each and every employment agency.
Sec . 2. A ll licenses issued after this act takes effect shall ter- A n n u a l reminate on the 31st day of December of each year, and shall be paid newals*
for at the rate established in this a ct: P ro vid ed , h o w ever , That no
license for any fractional part of the year shall be issued for any
sum less than one-third of the full annual rate, and that fractional
months shall be counted as full months in every case.
S ec . 3. The director of the State free employment bureau shall Bonds,
require with each application for a license a bond in the penal
sum of five hundred dollars with one or more sureties to be ap
proved by said director, and conditioned that the obligors will not
violate any of the duties, terms, conditions, provisions or require
ments of this act.
S ec . 4. The said director is authorized to commence action or A c tio n s ,
actions on said bond or bonds in the name of the State of Kansas,
by filing complaint with the attorney general or other proper
prosecuting officer of any violations of its conditions.
S ec . 5. The said director is also authorized to revoke any R e v o ca tio n o f
license, whenever in his judgment, the party licensed shall havellcense*
violated any of the provisions of this act: P ro vid ed , Written com-
1082
BULLETIN OF T H E BUBEAU OF LABOB.
plaint shall have been filed with him and he shall have given the
case full and fair hearing.
Sec. 6. It shall be the duty of every licensed agency to keep a
Itesister.
register in which shall be entered the name and address of every
person who shall make application for help or servants, and the
name and nature of such employment for which such help shall be
wanted. Such register shall, at all reasonable hours be kept open
to the inspection and examination of the director of the State free
employment bureau and his agents, deputies or assistants.
Sec. 7. Where a registration fee is charged for receiving or
F ees.
filing applications for employment or help, said fee shall in no
case, exceed the sum of one dollar, unless the salary or wages
shall be more than three dollars per day, in which case a fee of
not more than two dollars may be charged, for which a duplicate
receipt shall be given, (one copy to be kept by the employee and
the other for the employer) in which shall be stated the name
and address of the applicant, the date of such application, the
amount of the fee, and the nature of the work to be done or the
of situation to be procured. In case the said applicant shall not ob
fee.
tain a situation or employment through such licensed agency with
in three days after registration as aforesaid, then said licensed
agency shall forthwith repay and return to such applicant, upon
demand being made therefor, the full amount of the fee paid or
delivered by said applicant to such licensed agency,
Sec. 8. Any licensed agency shall not publish or cause to be
F a lse statem ents.
published any false or fraudulent notice or advertisement, or give
any false information or make any false promise concerning or
relating to work or employment to any one who shall apply for
employment, and no licensed agency shall make false entries in
the register to be kept as herein provided.
C o m p la in ts.
Sec. 9. It shall be the duty of the director o f the State free
employment bureau, or his deputies, agents or assistants, when in
formed of any violation of this act, to file a complaint of such
violation with the attorney general or with the county attorney
of the county in which such violation is alleged to have occurred
and it shall be the duty of the official informed to institute crim
inal proceedings for the enforcement of the penalties.
Re t u rn
V io la tio n s.
E x e m p tion s.
Sec. 10. Any person convicted o f a violation o f any o f the pro
visions o f this act shall be deemed guilty o f a misdemeanor, and
shall be fined not less than fifty dollars nor more than one hundred
dollars for each offense, or be imprisoned in the county jail for
a period o f not exceeding six months, or both such fine and im
prisonment as the court may direct.
Sec. 12. Free employment bureaus now organized or established,
or which may hereafter be organized or established in this State
by the director of the State free employment bureau or by chari
table organizations shall not be subject to the provisions of this
act.
Approved March 1, 1911.
Chapter 189.— E x e m p tio n s— E arn in gs o f deceased tvorlcmen.
Rights
w id o w s.
Section 1. Section 3484 of the General Statutes of 1909 * * *
[shall] be amended so as to read as follow s:
o f Section 49. In addition to her portion of her deceased husband’s
estate, the widow shall be allowed to keep absolutely, for the use
of herself and children of the deceased, all personal earnings and
personal property of the deceased, which were exempt to him from
sale, execution, garnishment and attachment, at the time of his
death.
Approved March 14, 1911.
Chapter 218.— C om pen sation fo r in ju ries to w o r k m en .
CompensaSection 1. I f in any employment to which this act applies,
payable’ personal injury by accident arising out of and in the course of
employment is caused to a workman, his employer shall, subject
w h en
LABOR LAW S-----KANSAS— ACTS OF 1911.
1083
as hereinafter mentioned, be liable to pay compensation to the
workman in accordance with this act. Save as herein provided, no
such employer shall be liable for any injury for which compensa
tion is recoverable under this act: P ro vid ed , That (a ) the em
ployer shall not be liable under this act in respect of any injury
which does not disable the workman for a period of at least two
weeks from earning full wages at the work at which he is em
ployed; (b) if it is proved that the injury to the workman results
from his deliberate intention to cause such injury, or from his will
ful failure to use a guard or protection against accident required
pursuant to any statute and provided for him, or a reasonable and
proper guard and protection voluntarily furnished him by said
employer, or solely from his deliberate breach of statutory regu
lations affecting safety of life or limb, or from his intoxication,
any compensation in respect to that injury shall be disallowed.
S e c . 2. Where the injury was proximately caused by the indiWhen
s{Jit
vidual negligence, either of commission or omission, of the em -may Debroushtployer, including such negligence of the directors or of any manag
ing officer or managing agent of such employer if a corporation, or
of any of the partners if such employer is a partnership, or of
any member if such employer is an association, but excluding
the negligence of competent employees in the performance of their
duties or of the employer’s duty delegated to them, the existing
liability of the employer shall not be affected by this act, but in
such case the injured workman, or if death results from such
injury, his dependents as herein defined, if they unanimously
agree, otherwise his legal representative, may elect between any
right of action against the employer upon such liability and the
right to compensation under this act.
S ec . 3. Nothing in this act shall affect the liability of the em- Fines,
ployer or employee to a fine or penalty under any other statute.
S ec . 4. (a ) Where any person (in this section referred to as
Employees of
principal) undertakes to execute any work which is a part of Bis contractorstrade or business or which he has contracted to perform and
contracts with any other person (in this section referred to as the
contractor) for the execution by or under the contractor of the
whole or any part of the work undertaken by the principal, the
principal shall be liable to pay to any workman employed in the
execution of the work any compensation under this act which he
would have been liable to pay if that workman had been immedi
ately employed by him ; and where compensation is claimed from
or proceedings are taken against the principal, then, in the appli
cation of this act, references to the principal shall be substituted
for references to the employer, except that the amount of com
pensation shall be calculated with reference to the earnings o f
the workman under the employer by whom he is immediately em
ployed. (b ) Where the principal is liable to pay compensation
under this section, he shall be entitled to indemnity from any
person who would have been liable to pay compensation to the
workman independently of this section, and shall have a cause o f
action therefor, (c) Nothing in this section shall be construed
as preventing a workman from recovering compensation under
this act from the contractor instead of the principal, (d) This
section shall not apply to any case where the accident occured
elsewhere than on or in, or about the premises on which the
principal has undertaken to execute work or which are otherwise
under his control or management, or on, in, or about the execution
of such work under his control or management, (e) A principal
contractor, when sued by a workman of a subcontractor, shall
have the right to implead the subcontractor, (f) The principal
contractor who pays compensation voluntarily to a workman of a
subcontractor shall have the right to recover over against the sub
contractor.
S e c . 5. Where the injury for which compensation is payable
I n juries
under this act was caused under circumstances creating a legal persons^ tMrd
liability against some person other than the employer to pa y p
damages in respect thereof, (a ) The workman may take pro-
1084
BU LLETIN OF TH E BUREAU OF LABOR,
ceedings against tliat person to recover damages and against
any person liable to pay compensation under this act for such
compensation, but shall not be entitled to recover both damages
and compensation; and (b) I f the workman has recovered com
pensation under this act, the person by whom the compensation
was paid, or any person who has been called on to indemnify
him under the section of this act relating to subcontracting, shall
be entitled to indemnity from the person so liable to pay damages
as aforesaid, and shall be subrogated to the rights of the work
man to recover damages therefor.
E m p lo y m e n ts
S e c . 6 . This act shall apply only to employment in the course
cov ered .
of
employer’s trade or business on, in, or about a railway,
factory, mine or quarry, electric, building or engineering work,
laundry, natural-gas plant and all employments wherein a proc
ess requiring the use of any dangerous explosive or inflammable
materials is carried on, which is conducted for the purpose of
business, trade or gain; each of which employments is hereby
determined to be especially dangerous, in which from the nature,
condition or means of prosecution of the work therein, extraor
dinary risk to the life and limb of the workman engaged therein
are inherent, necessary, or substantially unavoidable, and as to
each of which employments it is deemed necessary to establish
a new system of compensation for injuries to workmen. This
act shall not apply in any case where the accident occurred be
fore this act takes effect, and all rights which have accrued, by
reason of any such accident, at the time of the publication of
this act, shall be saved the remedies now existing therefor, and
the court shall have the same power as to them as if this act
had not been enacted.
interstate
Sec. 7. This act shall not be construed to apply to business or
com m erce.
employments which, according to law, are so engaged in inter
state commerce as to be not subject to the legislative power of
the State, nor to persons injured while they are so engaged.
W h a t em S e c . 8 . It is hereby determined that the necessity for this law
p lo y e rs e xem p t, and the reason for its enactment, exist only with regard to em
ployers who employ a considerable number of persons. This
act, therefore, shall only apply to employers by whom fifteen or
more workmen have been [employed] continuously for more than
one month at the time of the accident and who have elected or
shall elect before the accident to come within the provision
hereof: P ro vid ed , h o w ever , That employers having less than
fifteen workmen may elect to come within the provisions of
this act, in which case his employees shall be included herein, as
hereinafter provided.
Definitions.
Sec. 9. In this act, unless the context otherwise requires, (a)
“ Railw ay” includes street railways and interurbans; and “ em
ployment on railw ays” includes work in depots, power houses,
roundhouses, machine shops, yards, and upon the right of way,
and in the operation of its engines, cars and trains, and to em
ployees of express companies while running on railroad trains,
(b) “ Factory” means any premises wherein power is used in
manufacturing, making, altering, adapting, ornamenting, finish
ing, repairing or renovating any article or articles for the pur
pose of trade or gain or of the business carried on therein, in
cluding expressly any brickyard, meat-packing house, foundry,
smelter, oil refinery, lime-burning plant, steam-heating plant,
electric-lighting plant, electric-power plant and water-power plant,
powder plant, blast furnace, paper mill, printing plant, flour mill,
glass factory, cement plant, artificial-gas plant, machine or repair
shop, salt plant, and chemical-manufacturing plant, (c) “ Mine ”
means any opening in the earth for the purpose of extracting
any minerals, and all underground workings, slopes, shafts, gal
leries and tunnels, and other ways, cuts and openings connected
therewith, including those in the course of being opened, sunk or
diiven; and includes all the appurtenant structures at or about
the openings of the mine, and any adjoining adjacent work place
where the material from a mine is prepared for use or shipment.
LABOR LAW S— KANSAS— ACTS OR 1911,
1085
(d) “ Quarry” means any place, not a mine, where stone, slate,
clay, sand, gravel or other solid material is dug or otherwise
extracted from the earth for the purpose of trade or bargain or
of the employer's trade or business, (e) “ Electrical work”
means any kind of work in or directly connected with the con
struction, installation, operation, alteration, removal or repair of
wires, cables, switchboards or apparatus, used for the transmis
sion of electrical current, (f)' “ Building w ork” means any
work in the erection, construction, extension, decoration, altera
tion, repair or demolition of any building or structural appurte
nance. (g) “ Engineering w ork” means any work in the con
struction, alteration, extension, repair or demolition of a railway
(as hereinbefore defined) bridge, jetty, dike, dam, reservoir,
underground conduit, sewer, oil or gas well, oil tank, gas tank,
water tower, or water works (including standpipes or mains)
any caisson work or work in artificially compressed air, any
work in dredging, pile driving, moving buildings, moving safes,
or in laying, repairing or removing, underground pipes and con
nections, the erection, installing, repairing, or removing of boilers,
furnaces, engines and power machinery, (including belting and
other connections) and any work in grading or excavating where
shoring is necessary or power machinery or blasting powder, dyna
mite or other high explosives is in use (excluding mining and
quarrying), (h ) “ Employer” includes any person or body of
persons corporate or unincorporate, and the legal representa
tives of a deceased employer or the receiver or trustee of a per*
son, corporation, association or partnership, (i) “ Workman”
means any person who has entered into the employment of or
works under contract of service or apprenticeship with an em
ployer, but does not include a person who is employed otherwise
than for the purpose of the employer's trade or business. Any
reference to a workman who has been injured shall, where the
workman is dead, include a reference to his dependents, as hereiuafter defined, or to his legal representative, or where he is a
minor or incompetent, to his guardian, (j) “ Dependents” means
such members of the workman’s family as were wholly or in part
dependent upon the workman at the time of the accident. And
“ members of a family ” for the purposes of this act means only
widow or husband, as the case may be, and children; or if no
widow, husband or children, then parents and grandparents, or
if no parents or grandparents, then grandchildren; or if no grand
children, then brothers and sisters. In the meaning of this sec
tion parents include step-parents, children include stepchildren,
and grandchildren include stepgrandchildren, and brothers and
sisters include stepbrothers and stepsisters, and children and
parents include that relation by legal adoption.
S ec . 10. In case an injured workman is mentally incompetent incompetent
or a minor, or where death results from the injury, in case anyPersons*
of his dependents as herein defined is mentally incompetent or a
minor, at the time when any right, privilege or election accrues to
him under this act, his guardian may, in his behalf, claim and
exercise such right, privilege, or election, and no limitation of
time, in this act provided for, shall run, so long as such incompe
tent or minor has no guardian.
S ec . 11. The amount of compensation under this act shall be, Amount o f
(a ) Where death results from injury: (1) I f the workman leavesfo^death; ° D
any dependents wholly dependent upon his earnings, an amount
equal to three times his earnings for the preceding year but not
exceeding thirty-six hundred dollars and not less than twelve
hundred dollars, provided, such earnings shall be computed upon
the basis of the scale which he received or would have been en
titled to receive had he been at work, during the thirty days next
preceding the accident; and, if the period of the workman’s em
ployment by the said employer had been less than one year, then
the amount of his earnings during the said year shall be deemed
to be fifty-two times his average weekly earnings during the
period of his actual employment under said employer: P ro vid ed ,
1086
BULLETIN OF T H E BUREAU OF LABOR,
That the amount of any payments made under this act and any
lump sum paid hereunder for such injury from which death may
thereafter result shall be deducted from such sum : A n d provided,
h o w e v e r , That if the workman does not leave any dependents,
citizens of and residing at the time of the accident in the United
States or the Dominion of Canada, the amount of compensation
shall not exceed in any case seven hundred and fifty dollars. (2)
I f the workman does not leave any such dependents, but leaves
any dependents in part dependent upon his earnings, such pro
portion of the amount payable under the foregoing provisions
of this section, as may be agreed upon or determined to be proFor disabll-portionate to the injury to the said dependents; and (3) I f he
tty*
leaves no dependents, the reasonable expense of his medical at
tendance and burial, not exceeding one hundred dollars, (b)
Where total incapacity for work results from injury, periodical
payments during such incapacity, commencing at the end of the
second week, equal to fifty per cent of his average weekly earn
ings computed as provided in section 12 but in no case less than
six dollars per week or more than fifteen dollars per week,
(c) When partial incapacity for work results from injury, peri
odical payments during such incapacity, commencing at the end
of the second week, shall not be less than twenty-five per cent,
nor exceeding fifty per cent, based upon the average weekly earn
ings computed as provided in section 12, but in no case less than
three dollars per week or more than twelve dollars per week;
P rovid ed , h ow ever, That if the workman is under twenty-one
years of age at the date of the accident and the average weekly
earnings are less than $10.00 his compensation shall not be less
than seventy-five per cent of his average earnings. No such pay
ment for total or partial disability shall extend over a period ex
ceeding ten years.
n
S e c . 12* For tlie purposes of the provisions of this act relating
o putea, ow.
« eSLrn m g s ” and “ average earnings ” of a workman the follow
ing rules shall be observed: (a ) “Average earnings ” shall be com
puted in such manner as is best calculated to give the average rate
per week at which the workman was being remunerated for the
52 weeks prior to the accident; P ro vid ed , That where by reason
of the shortness of time during which the workman has been in
the employment of his employer, or the casual nature or the terms
of the employment, it is impracticable to compute the rate of
remuneration, regard shall be had to the average weekly amount
which, during the twelve months previous to the accident, was
being earned by a person in the same grade employed at the same
work by the same employer, or, if there is no person employed,
by a person in the same grade employed in the same class of em
ployment and in the same district, (b ) Where the workman had
entered into concurrent contracts of service with two or more em
ployers under which he worked at one time for one such employer
and at another time for another such employer, his “ earnings ”
and his “ average earnings ” shall be computed as if his earnings
under all such contracts were earnings in the employment of the
employer for whom he was working at the time of the accident,
(c) Employment by the same employer shall be taken to mean
employment by the same employer in the grade in which the
workman was employed at the time of the accident, uninterrupted
by his absence of work due to illness or any other unavoidable
cause, (d ) Where the employer has been accustomed to pay to
the workman a sum to cover any special expenses entailed upon
him by the nature o f his employment, the sum so paid shall not
be reckoned as part of the earnings, (e) In fixing the amount of
the payment, allowance shall be made for any payment or benefit
which the workman may receive from the employer during his
period of incapacity,
(f) In case of partial incapacity the
payments shall be computed to equal, as closely as possible, fifty
per cent of the difference between the amount of the “ average
earnings ” of the workman before the accident, to be computed
as herein provided, and the average amount which he is most
LABOR LAW S---- KANSAS---- ACTS OF 1911.
1087
probably able to earn in some suitable employment or business
after the accident, subject however, to the limitations hereinbe
fore provided.
S ec . 13. The payments shall be made at the same time, place
Payments,
and in the same manner as the wages of the workman were pay
able at the time of the accident, but a judge of any district court
having jurisdiction upon the application of either party may
modify such legulation in a particular case as to him may seem
just.
Sec. 14. Where death results from the injury and the depend- rayments to
ents of the deceased workman as herein defined, have agreed to dependents,
accept compensation, and the amount of such compensation and
the apportionment thereof between them has been agreed to or
otherwise determined, the employer may pay such compensation
to them accordingly (or to an administrator if one be appointed)
and thereupon be discharged from all further liability for the in
jury. Where only the apportionment of the agreed compensation
between the dependents is not agreed to, the employer may pay
the amount into any district court having jurisdiction, or to the
administrator of the deceased workman, with the same effect.
Where the compensation has been so paid into court or to an ad
ministrator, the proper court, upon the petition of such adminis
trator or any of such dependents, and upon such notice and proof
as it may order shall determine the distribution thereof among
such dependents. Where there are no dependents, medical and
funeral expenses may be paid and distributed in like manner.
S ec . 15. The payments due under this act, as well as any judg- Payments not
ment obtained thereunder, shall not be assignable or subject to assignable, etc.
levy, execution or attachment, except for medicine, medical atten
tion and nursing and no claim of any attorney at law for services
rendered in securing such indemnity or compensation or judgment
shall be an enforceable lien thereon, unless the same has been ap
proved in writing by the judge of the court where said case was
tried; but if no trial was had, then by any judge of the district
court of this State to whom such matter has been regularly sub
mitted, on due notice to the party or parties in interest of such
submission.
Sec. 16. Employers affected by this act shall report annually to Reports
the State commissioner and factory inspector such reasonable emPloyersparticulars in regard thereto as he may require, including par
ticulars as to all releases o f liability under this act and any other
law. The penalty for failure to report or for false report shall
invalidate any such release o f liability.
S ec . 17. (a ) After an injury to the employees, if so requested
Medical exby his employer, the employee must submit himself for examina- agnations,
tion at some reasonable time to a reputable physician selected by
the employer, and from time to time thereafter during the pend
ency of his claim for compensation, or during the receipt by him
for payment under this act, but he shall not be required to so
submit himself, more than once in two weeks unless in accord
ance with such orders as may be made by the proper court or
judge thereof. Either party may upon demand require a report
of any examination made by the physician of the other party
upon payment of a fee of one dollar therefor, (b) I f the em
ployees request he shall be entitled to have a physician of his
own selection present at the time to participate in such examina
tions. (c) Unless there has been a reasonable opportunity there
after for such physician selected by the employee to participate
in the examination in the presence of the physician selected by
the employer, the physician selected by the employer shall not be
permitted afterwards to give evidence of the condition of the
employee in a dispute as to the injury, (d ) Except as provided
herein in this act there shall be no other disqualification or priv
ilege preventing the testimony of a physician who actually makes
an examination.
S ec . 18. In case of a dispute as to the injury, the committee, or
Special ex
arbitrator as hereinafter provided, or the judge of the district animations.
1088
BULLETIN OF THE BUREAU OF LABOR,
court shall have the power to employ a neutral physician of good
standing ability, whose duty it shall be, at the expense of the
parties to make an examination of the injured person, as the
court may direct, on the petition of either or both the employer
and employee or dependents.
E v id en ce not
S e c . 19. I f the employer or the employee has a physician make
a d m i t t e d , such an examination and no reasonable opportunity is given to
w en*
the other party to have his physician make examination, then, in
case of a dispute as to the injury, the physician of the party mak
ing such examination shall not give evidence before the court
unless a neutral physician either has examined or then does
examine the injured employee and give testimony regarding the
injuries.
R e fu sa l to be
S e c . 20. I f the employee shall refuse examination by physician
exa m in ed .
selected by the employer, with the presence of a physician of his
own selection, and shall refuse an examination by the physician
appointed by the court, he shall have no right to compensation
during the period from refusal until he, or someone in his behalf,
notifies the employer or the court that he is willing to have such
examination.
C e rtifica tes.
S e c . 21. A physician making an examination shall give to the
employer and to the workman a certificate as to the condition of
the workman, but such certificate shall not be competent evidence
of that condition unless supported by his testimony if his testi
mony would have been admissible.
Notice.
S e c . 22. Proceedings for the recovery of compensation under
this act shall not be maintainable unless written notice of the
accident, stating the time, place, and particulars thereof, and the
name and address of the person injured, has been given within
ten days after the accident, and unless a claim for compensation
has been made within six months after the accident, or in case
of death, within six months from the date thereof. Such notice
shall be delivered by registered mail, or by delivery to the em
ployer. The want of, or any defect in such notice or in its
service, shall not be a bar unless the employer proves that he has,
in fact, been thereby prejudiced, or if such want or defect was
occasioned by mistake, physical or mental incapacity or other
reasonable cause, and the failure to make a claim within the
period above specified shall not be a bar, if such failure was
occasioned by a mistake, physical or mental incapacity, or other
reasonable cause.
A gre em en ts.
S e c . 23. Compensation due under this act may be settled by
agreement. Every such agreement, other than a release, shall be
in the form hereinafter provided.
S e ttlem en t of
S e c . 24. I f compensation be not so settled by agreement: (a) If
d isp u te s.
any committee representative of the employer and the workman
exists, organized for the purpose of settling disputes under this
act, the matter shall, unless either party objects by notice in
writing delivered or sent by registered mail to the other party
before the committee meets to consider the matter, be settled in
accordance with its rules by such committee or by an arbitrator
selected by it. (b) I f either party so objects, or there is no such
committee, or the committee or the arbitrator to whom it refers
the matter fails to settle it within sixty days from the date of
the claim, the matter may be settled by a single arbitrator agreed
on by the parties, or appointed by any judge of a court where an
action might be maintained. The consent to arbitration shall be
in writing and signed by the parties and may lim it the fees of
the arbitrator and the time within which the award must be
made. And unless such consent and the order of appointment
expressly refers other questions, only the question of the amount
of compensation shall be deemed to be in issue.
Award.
S e c . 25. The arbitrator shall not be bound by technical rules of
procedure or evidence, but shall give the parties reasonable
opportunity to be heard and act reasonably and without par
tiality. He shall make and file his award, with the consent to
arbitration attached in the office of the clerk of the proper district*
1089
LABOR LAW S---- KANSAS---- ACTS OF 1911.
court within the time limited in the consent, or if no time limit is
fixed therein, within sixty days after his selection, and shall give
notice o f such filing to the parties by mail.
Sec. 26. The arbitrator’s fee shall be fixed by the consent to
arbitration or be agreed to by the parties before the arbitration,
and if not so fixed or agreed to, they shall not exceed $10.00 per
day, for not to exceed ten days, and disbursements for expense.
Fees,
The arbitrator shall tax or apportion the costs of such fees in his
discretion and shall add the amount taxed or apportioned against
the employer to the first payment made under the award, and
he shall note the amount of his fees on the award and shall have
a lien therefor on the first payments due under the award.
Sec. 27. Every agreement for compensation and every award A g r e e m e n t s ,
shall be in writing, signed and acknowledged by the parties or by writing. 1)6 •*D
the arbitrator or secretary of the committee hereinbefore referred
to, and shall specify the amount due and unpaid by the employer
to the workman up to the date of the agreement or award, and if
any, the amount of the payments thereafter to be paid by the
employer to the workman and the length of time such payments
shall continue.
Sec. 28. It shall be the duty of the employer to file or cause to F ilin g ,
be filed every release of liability hereunder, every agreement for
or award of compensation, or modifying an agreement for or
award of compensation, under this act, if not filed by the com
mittee or arbitrator, to which he is a party, or a sworn copy
thereof, in the office of the district court in the county in which
the accident occurred within sixty days after it is made, other
wise it shall be void as against the workman. The said clerk
shall accept, receipt for, and file any such release, agreement or
award, without fee, and record and index it in the book kept for
that purpose. Nothing herein shall be construed to prevent the
workman from filing such agreement or award.
Sec. 29. A t any time within one year after an agreement or C a n ce lla tio n ,
award has been so filed, a judge of a district court having juris
diction may, upon the application of either party, cancel such
agreement or award, upon such terms as may be just, if it be
shown to his satisfaction that the workman has returned to work
and is earning approximately the same or higher wages as or than
he did before the accident, or that the agreement or award has
been obtained by fraud or undue influence, or that the com
mittee or arbitrator making the award acted without authority
or was guilty of serious misconduct, or that the award is grossly
inadequate or grossly excessive, or if the employee absents him
self so that a reasonable examination of his condition can not be
made, or has departed beyond the boundaries of the United States
or Canada.
Sec. 30. A t any time after the filing of an agreement or award Stay of proand before judgment has been granted thereon, the employer may ceedings*
stay proceedings thereon by filing in the office of the clerk of the
district court wherein such agreements or award is filed: (a ) A
proper certificate of a qualified insurance company that the amount
of the compensation to the workman is insured by i t : (b) A proper
bond undertaking to secure the payment of the compensation.
Such certificate or bond shall first be approved by a judge of the
said district court.
Sec. 31. A t any time after an agreement or award has been Lump sum
filed, the workman may apply to the said district court for ju dg-payments*
ment against the employer for a lump sum equal to eighty per
cent of the amount of payments due and unpaid and prospectively
due under the agreement or award; and, unless the agreement or
award be stayed, modified or canceled, or the liability thereunder
be redeemed or otherwise discharged, the court shall examine the
workman under oath, and if satisfied that the application is made
because of doubt as to the security of his compensation, shall
compute the sum and direct judgment accordingly, as if in an
action: P ro v id ed , That if the employer shall give a good and suffi
cient bond, approved by the court, no execution shall issue on such
1090
BULLETIN OF THE BUREAU OF LABOR.
judgment so long as the employer continues to make payments in
accordance with the original agreement or award undiminished
by the discount.
Review, etc.
S ec . =32. An agreement or award may be modified at any time
by a subsequent agreement; or, at any time after one year from
the date o f filing; it may be reviewed, upon the application of
either party on the ground that the incapacity of the workman
has subsequently increased or diminished. Such application shall
be made to the said district court; and, unless the parties consent
to arbitration, the court may appoint a medical practitioner to
examine the workman and report to it; and upon his report and
after hearing the evidence o f the parties, the court may modify
such agreement or award, as may be ju st, by ending, increasing
or diminishing the compensation, subject to the limitations here
inbefore provided.
Lump-sum
S ec. S3. Where any payment has been continued for not less
payments after than six months the liability therefor may be redeemed by the
six mont s.
employer by the payment to the workman of a lump sum of an
amount equal to eighty per cent o f the payments which may
become due according to the award, such amount to be deter
mined by agreement, or, in default thereof, upon application, to
a judge of a district court having jurisdiction. Upon paying
such amount the employer shall be discharged from all further
liability on account o f the injury, and be entitled to a’ duly
executed release, upon filing which or other due proof of payment,
the liability upon any agreement or award shall be discharged
of record,
i n s u r e r ’ s S ec . 34, Where the payment of compensation to the workman
rights.
is insured, by a policy or policies, at the expense of the employer,
the insurer shall be subrogated to the rights and duties under
this act o f the employer, so far as appropriate.
Courts.
S ec . 35. A ll references hereinbefore to a district court o f the
State of Kansas having jurisdiction of a civil action between the
parties shall be construed as relating to the then existing Code
of Civil Procedure. Such court shall make all rules necessary
and appropriate to carry out the provisions of this a c t
L e g a l en- S ec. 36. A workman’s right to compensation under this act,
rorcement.
may, in default o f agreement or arbitration, be determined and
enforced by action in any court of competent jurisdiction. In
every such action the right to trial by jury shall be deemed
waived and the case tried by the court without a jury, unless
father party, with his notice of trial, or when the case is placed
upon the calendar— demand a jury trial. The judgment in the
action, if in favor of the plaintiff, shall be for a lump sum equal
to the amount of the payments then due and prospectively due
under this act, with interest on the payments overdue, or, in
the discretion of the trial judge, for periodical payments as in
an award. Where death results from injury, the action shall
be brought by the dependent or dependents entitled to the com
pensation or by the legal representative of the deceased for the
benefit of the dependents as herein defined; and in such action
the judgment may provide for the proportion of the award to be
distributed to or between the several dependents; otherwise such
proportions shall be determined by the proper probate court.
An action to set aside a release or other discharge of liability on
the ground o f fraud or mental incompetency may be joined with an
action for compensation under this act No action or proceeding
provided for in this act shall be brought or maintained outside
of the State of Kansas, and notice thereof may be given by
publication against nonresidents of the State in the manner now
provided by article 7 of chapter 95, General Statutes of Kansas
of 1909 so far as the same may be applicable, and by personal
service o f a true copy of the first publication within twenty-one
days after the date of the said first publication unless excused
by the court upon proper showing that such service can not be
made.
LABOR LAWS-----KANSAS---- A€TS OF 1911,
1091
,S e c . 37. The cause of action shall be deemed in every case,
R ig h ts
a cincluding a case where death results from the injury to have erne w h en ,
accrued to the injured workman at the time of the accident;
and the time limited in which to commence an action for com
pensation therefor shall run as against him, his legal represen
tatives and dependents from that date.
S ec . 38. Contingent fees of attorneys for services and proceed- A t t o r n e y s *
ings under this act shall in every case be subjeet to approval fees,
by the court
S ec. 39. I f the superintendent of insurance by and with the
Schemes may
advice and written approval of the attorney general certifies be substituted,
that any scheme of compensation, benefit or insurance for the
workman o f an employer in any employment to which this act
applies, whether or not such scheme includes other employers
and their workmen, provides scales of compensation not less
favorable to the workmen and their dependents than the corre
sponding scales contained in this act, and that, where the scheme
provides for contributions by the workman, the scheme confers
benefiits at least equivalent to those contributions, in addition
to the benefits to which the workmen would have been entitled
under this act or their equivalents, the employer, may, while
the certificate is in force, contract with any of his workmen
that the provisions of the scheme shall be substituted for the
provisions of this act; and therenpon the employer shall be liable
only in accordance with that scheme; hut, save as aforesaid,
this act shall not apply notwithstanding any contract to the con
trary made after this act becomes a law.
S ec. 40. No scheme shall be so certified which does not con- P r o v is io n s to
tain suitable provisions for the equitable distribution of any be equitable,
moneys or securities held for the purpose of the scheme, after
due provision has been made to discharge the liabilities already
accrued, if and when such certificate is revoked or the scheme
otherwise terminated.
S ec . 41. I f at any time the scheme no longer fulfills the re- C e r t i f i c a t e
quirements of this article, or is not fairly administered, or oth e r m ay be revalid and substantial reasons therefor exist, the superintendentvo*eci'
of insurance by and with the attorney general shall revoke the
certificate and the scheme shall thereby be terminated.
S ec . 42. Where a certified scheme is in effect the employer
Reports,
shall answer all such inquiries and furnish all such accounts in
regard thereto as may be required by the superintendent.
S ec . 43. The superintendent of insurance may make all rules
Rules,
and regulations necessary to carry out the purposes of the four
preceding sections.
S ec . 44. All employers as defined by this act who shall elect to
Election by
come within the provisions of this act and of all acts amendatory employers;
hereof shall do so by filing a statement to such effect with the
secretary o f state of this State at any time after taking effect of
this act, which election shall be binding upon such employer for
the term of one year from the date of the filing of such statement,
and thereafter, without further act on his part, for successive
terms of one year each, unless such employer shall, at least sixty
days prior to the expiration o f such first or of any succeeding
year, file in the office o f the secretary of slate a notice in writing
to the effect that he withdraws his election to be subjeet to the
provisions o f this act. Notice of such election or withdrawal
shall be forthwith posted by such employer in conspicuous places
in and about his place of business.
Sec. 45. Every employee entitled to come within the provisions
o f this act, shall he presumed to have done so unless he serve
written notice, before injury, upon his employer that he elects
not to accept thereunder and thereafter any such employee desir
ing to change his election shall only do so by serving written
notice thereof upon his employer. Any contract wherein an em
ployer requires o f an employee as a condition of employment that
he shall elect not to come within the provisions o f this act shall
be void.
By employees,
1092
BU LLETIN OE T H E BUREAU OF LABOR.
Sui t s f or
S ec . 46. In any action to recover damages for a personal in
jury sustained within this State by an employee (entitled to come
within the provisions of this act) while engaged in the line of his
duty as such or for death resulting from personal injury so sus
tained, in which recovery is sought upon the ground of want of
due care of the employer or of any officer, agent or servant of
the employer, where such employer is within the provisions
hereof, it shall not be a defense to any employer (as herein in
this act defined) who shall not have elected, as hereinbefore pro
D efen ses a b vided, to come within the provisions of this act; (a ) That the
ro g a ted , w h en . employee either expressly or impliedly assumed the risk of the
hazard complained o f; (b) that the injury or death was caused
in whole or in part by the want of due care of a fellow servant;
(c ) that such employee was guilty of contributory negligence but
such contributory negligence of said employee shall be considered
by the jury in assessing the amount of recovery.
S ec . 47. In an action to recover damages for a personal injury
D efen ses a l
lo w e d , w h en .
sustained within this State by an employee (entitled to come
within the provisions of this act) while engaged in the line of
his duty as such or for death resulting from personal injury so
sustained in which recovery is sought upon the ground of want
of due care of the employer or of any officer, agent or servant of
the employer, and where such employer has elected to come and is
within the provisions of this act as hereinbefore provided, it
shall be a defense for such employer in all cases where said em
ployee has elected not to come within the provisions of this act;
(a ) That the employee either expressly or impliedly assumed the
risk of the hazard complained o f; (b) that the injury or death
was caused in whole or in part by the want of due care of a fel
low servant; (c) that said employee was guilty of contributory
negligence: P ro vid ed , h o w e ve r , That none of these defenses shall
be available where the injury was caused by the willful or gross
negligence of such employer, or of any managing officer, or man
aging agent of said employer or where under the law existing at
the time of the death or injury such defenses are not available.
C o n s tru ctio n
S ec . 48. Nothing in this act shall be construed to amend or
o f sta tu te.
repeal section 6999 of the General Statutes of Kansas of 1909, or
House bill No. 240 of the Session of 1911, the same being “An act
relating to the liability of common carriers by railroads to their
employees in certain cases, and repealing all acts and parts of
acts so far as the same are in conflict herewith.”
In e f f e c t ,
S ec . 49. This act shall take effect and be in force from and
w h en.
after its publication in the statute book, and the first day of
January, 1912.
Approved March 14, 1911.
dam ages.
C h a p t e r 219.— P a y m e n t o f usages due e m p lo yees at term ination
o f em p loym en t .
W ag es t o be
paid, w h en.
V io la tio n s.
S ec tio n 1. It shall be unlawful for any firm or corporation
employing labor within this State, to refuse or neglect to pay to
any person leaving its service either by resignation or discharge
any money due as wages within ten days from the termination of
such services, and such payment must be made either at the
place of discharge or at any office of such company or corporation
within the State as may be designated by the party employed, he
giving notice in writing to, the foreman or party in charge of such
work.
S ec . 2. Any corporation or firm failing or refusing to pay
wages due to any person leaving their employment, as provided
in section 1 of this act, shall, as a penalty for violation thereof
for such nonpayment, the wages o f such servant or employee
shall continue from the date of the discharge or resignation of
said employee, at the same rate as if he was still in the service,
until full and complete settlement is made: P ro v id ed , Such
wages shall not continue for more than 60 days unless action
LABOR LAW S— KANSAS— ACTS OF 1911.
1093
for the recovery of the same shall have been commenced in any
court of competent jurisdiction within that time.
Approved March 14, 1911.
C h a p t e r 221.— M in e regulations — T eleph on es .
S e c t i o n 1. On and after November 1st, 1911, it shall be un
T ele p h o n e re
lawful for any corporation, company, owner, lessee, officer, or qu ired .
agent to operate or permit to be operated any coal mine within
the State of Kansas, not equipped with a party line telephone
system as hereinafter provided.
S e c . 2. There shall be a system of party line telephones which
E qu ip m en t.
shall include one telephone on the surface not to exceed one
hundred feet from the tipple, and one at the bottom of the shaft
not to exceed one hundred feet therefrom, or, in slope or drift
mines at the first cross entry from the mouth of slope or drift;
and in addition thereto, there shall be one telephone in the main
entry on each side of the mine not to exceed 1000 [feet] from
the bottom of the hoisting shaft, slope or d rift; and there shall
be additional telephones installed thereafter in the main entry
on each side of the mine at a point not to exceed one thousand
feet from last phone installed: P ro vid ed , That if cross entries
are used in development in place of main entries, this regulation
shall apply thereto: A n d p rovid ed fu r th e r , That when main
entries reach the land line, or extreme point of development at
a distance more than six hundred feet from last telephone in
stalled in such entry, then an additional telephone shall be
installed at last cross entries.
S e c . 3. Telephones may be removed in the development of any
R e m o v a l.
mine, from any worked-out portion thereof.
Notice
of
S e c . 4. In case of a danger signal or alarm being given, it shall
b e the duty of all drivers, motormen and trip riders, to notify d a n ger.
ail other drivers, motormen, trip riders or miners from whom they
haul coal, and it shall be the duty of every person in the mine
receiving such danger signal to cooperate in giving notice thereof
to all other persons in the mine.
S e c . 5. Any willful neglect or refusal to obey the requirements
V io la tio n s.
or provisions of this act, or willfully giving a false danger signal,
or tampering with or destruction of any of the appliances re
quired by the provisions of this act, shall be deemed d misde
meanor, punishable by a fine of not less than fifty dollars and not
to exceed two hundred dollars, or by imprisonment in the county
jail not exceeding three months, or both, in the discretion of the
court.
N o n c o m p li
S e c . 6. I f any corporation, company, owner, lessee, officer or
agent shall refuse or neglect to comply with the provisions of a n ce w ith a ct.
this act, they shall be deemed guilty of a misdemeanor punish
able by a fine of not less than one hundred dollars for each
offense, or by imprisonment in the county jail not less than six
months, or by both such fine and imprisonment, and each day
that any mine is operated in violation of the provisions of this
act shall constitute a separate offense.
Approved March 11, 1911.
C hapter
222.— M in e regulations— W a sh room s fo r w ork m en .
S e c t i o n 1. I t shall be the duty of every owner, or lessee, its
w ash
officers or agents, or other person or persons having the direction required,
of any coal mine within the State of Kansas to provide on and
after October 1st, 1911, a suitable building whch shall be con
venient to the principal entrance of such mine, equipped with in
dividual lockers, proper light, heat, hot and cold water, and
shower baths and maintain same in good order for the use of
persons employed therein, for the purpose of washing and bath
ing of employees and changing of clothing; said employees are
to furnsh their own towels, soap and lock for their lockers, exer-
25202°— Bull. 97— 12------15
room s
1094
R e s p o n s ib ilp rop -
ity f o r
er y*
V io la tio n s .
BULLETIN OF THE BUREAU OF LABOR.
cise control over and be responsible for property by them left
therein.
Sec. 2. No owner or lessee, its officers* or agents, or other persons installing such bath house at its or their mine or mines shall
be legally liable for the loss or destruction o f any property left by
its or their employees at or in said bath house.
Sec. 3. Any owner, lessee, its officers or agents, or other person
or persons failing car refusing to comply with the provisions of
this act shall be deemed guilty o f a misdemeanor and shall, upon
conviction, be fined in the sum o f not less than fifty dollars nor
more than one hundred dollars for each violation o f the provi
sions o f this act.
Approved March T, 1911.
C
h apter
239.— R ailroads — Liability: fo r in ju ries to em p loyees .
S e c t i o n 1. Every company, corpora ton, receiver or other per
son operating any railroad in this State shall be liable in damages
to any person suffering injury while he is employed by such car
rier operating such railroad or in case of the death of such em
ployee, to his or her personal representatve fo r the benefit o f the
surviving widow and children, or husband and children, or chil
dren, or mother or father o f the deceased, and if none, then the
next o f kin dependent upon such employee for such injury or
death resulting in whole or in part from the negligence of any
of the officers, agents or employees o f such carrier; or by reason of
D e f e c t s in any insufficiency of clearance of obstructions, o f strength of road
p la n t, etc.
bed and tracks or structure, o f machinery and equipment, of lights
and signals, or rules and regulations and of number of employees
to perform the particular duties with safety to themselves and
their coemployees, or of any other insufficiency, or by reason of
any defect, which defect is due to the negligence of said employer*
its officers, agents, servants or other employees in its cars, engines,
motors, appliances, machinery, track, road bed, boats, works,
wharves, or other equipment.
Negligence
S e c . 2. In all actions hereafter brought against any such com
t o be m easured.
mon carrier by railroad under or by virtue of any of the provi
sions of this act to recover damages for personal injuries to an
employee, or where such injuries have resulted in his death, the
fact that the employee may have been guilty of contributory negli
gence shall not bar a recovery, but the damages shall be dimin
ished by the jury in proportion to the amount of negligence at
tributable to such employee: P ro v id ed , That no employee who
may be injured or killed shall be held to have been guilty of con
tributory negligence in any case where the violation by such com
mon carrier, its officers, agents, servants or other employees of
any Federal or State statute enacted for the safety of employees
contributed to the injury or death of such employee.
R isk s n o t a s
S e c . 3. Any action brought against any common carrier, under
sum ed, w h en.
or by virtue of any of the provisions of this act, to recover dam
ages for injuries to, or the death of any of its employees, such
employees shall not be held to have assumed the risk of his em
ployment in any case where the violation by such common carrier,
its officers, agents, servants, or other employees of any Federal or
State statute enacted for the safety of employees contributed to
the injury or death of such employee.
S e c . 4. Any contract, rule, regulation or device whatsoever, the
Waivers.
purpose or intent of whch shall be to enable any common carrier
to exempt itsqjf from any liability created by this act, shall to
that extent be void: P ro v id ed , That in any action brought against
Set-offs.
any common carrier under or by virtue of any of the provisions of
this act, such common carrier may set off therein any sum con
tributed or paid to any insurance, relief, benefit, or indemnity
that may have been paid to the injured employee or the person
entitled thereto cm account of the injury or death for which said
action was brought.
I n ju rie s
ca u sed b y fe llo w
serv a n ts,
e tc.
LABOR LAW S-----KANSAS---- ACTS OF 1911.
1095
Sec. 5. Any right o f action given by this act to a person suffer- R i g h t s
ing injury shall survive to his or her personal representatives, for vive*
the benefit of those entitled to recover under this act but in such
cases there shall he only one recovery for the same injury.
sur-
Approved March 7,1911.
C
haffer
241.— Railroads— H ea dligh t on locom otives*
S e c t i o n 1. On and after January 1st, 1912, it shall be the duty
Power of
of every company, corporation, lessee, manager, or receiver owning headlights,
or operating a railroad in the State of Kansas to equip and main
tain and use upon each and every locomotive engine being operated
in road service within the State of Kansas a headlight of a power
that will outline the figure of a man on or adjacent to the track,
plainly visible at a distance of 800 feet, preceding the locomotive.
The visibility herein mentioned is understood to be measured by
and under ordinary night conditions, and for the normal sight of
a person having the usual visual capacity required of a locomotive
engineer at his place* in charge o f a moving locomotive: P ro vid ed ,
Exceptions.
That this act shall not apply to engines running not more than
ten miles into the State to complete their runs: A n d p ro vid ed fu r
ther, That this act shall not apply to locomotive engines used in
regular switching service: A n d provided fu r th e r , That this act
shall not apply to locomotive engines used exclusively between
sun up and sun down, nor on engines going to or returning from
repair shops when ordered to such shops for repair.
S ec . 2. Any railroad company or the receiver, lessee, manager or Violations,
superintendent thereof, violating the provisions of section 1 of
this act, or who permits this act to be violated when within his
official authority to prevent its violation, shall be guilty of a m is
demeanor and upon conviction shall be fined not less than one
hundred dollars, nor more than five hundred dollars for each
offense, and the operation of one engine for any part of one day
in violation of this act shall be construed to be a complete mis
demeanor.
Approved March 14,1911.
MAINE.
ACTS OF 1911.
C
hapter
26.— Seats- fo r fe m a le em p loyees in sto re s, etc.
S e c t i o n 1. The proprietor, manager or person having charge of
Seats to be
any mercantile establishment, store, shop, hotel, restaurant or provided,
other place where women or girls are employed as clerks or help
therein in this State shall provide chairs, stools or other con
trivances for the comfortable use of such female employees for
the preservation of their health and for rest when not actively
employed in the discharge of their respective duties.
Sec . 2 . Any proprietor, manager or other person violating the Violations,
preceding section of this act shall be deemed guilty of a misde
meanor, and upon conviction shall be fined in a sum not less
than ten dollars nor more than one hundred dollars,
Approved March 11, 1911.
C hapter
39.— P a ym en t o f w a g es— W e c M y p a y day.
S e c t i o n 1. Every manufacturing, mining or quarrying, mercanwages to be
tile, street railway, telegraph or telephone corporation, every incor- paid weekly,
porated express company or water company, and every contractor,
person or partnership engaged in any manufacturing business, in
any of the building trades, in quarries or mines, upon public works
or in the construction or repair o f street railways, roads, bridges or
sewers or Of gas, water or electric light works, pipes or lines, shall
pay w e e k l y each employee engaged in his or its business the wages
1096
BULLETIN OF TH E BUREAU OF LABOR.
earned by liini to within eight days of the date of said payment,
W o r k m e n but any employee leaving his or her employment shall be paid in
ploymenl. em full on
following regular pay d ay: P ro vid ed , That when an em
ployee is discharged he shall be paid the wages due him on de
mand ; and the State, its officers, boards and commissions shall so
pay every mechanic, workman and laborer who is employed by it
or them, and every county and city shall so pay every employee who
is engaged in its business the wages or salary earned by him,
unless such mechanic, workman, laborer pr employee requests in
writing to be paid in a different manner; and every town shall
so pay each employee in its business if so required by him ; but an
employee who is absent from his regular place of labor at a time
Exceptions, fixed for payment shall be paid thereafter on demand. The pro
visions of this section shall not apply to an employee engaged in
cutting and hauling logs and lumber, nor the driving of same
until it reaches its place of destination for sale or manufacture;
nor to an employee of a cooperative corporation or association if he
is a stockholder therein unless he requests such corporation to pay
him weekly. No corporation, contractor, person or partnership
shall by a special contract with an employee or by any other means
exempt himself or itself from the provisions of this act Who
ever violates the provisions of this act shall be punished by a fine
of not less than ten nor more than fifty dollars.
Approved March 16, 1911.
Chapter 55.— H ou rs o f labor o f w om en and children .
Section 1. Section forty-eight of chapter forty of the Revised
Statutes as amended by chapter seventy of the public laws of nine
teen hundred and nine is hereby amended
* * * so that said
section shall read as follow s:
;
Ten-hour
Section 48. No female minor under eighteen* years of age, no6
day.
male minor under sixteen years of age, and no woman shall be;
employed in laboring in any manufacturing or mechanical estab
lishment in the State, more than ten hours in any one day, except
when it is necessary to make repairs to prevent the interruption
of the ordinary running of the machinery, or when k different
apportionment of the hours of labor is made for the Sole purpose
of making a shorter day’s work for one day of the week; and in
F ifty -e i g h t no case shall the hours of labor exceed fifty-eight in a week; and
h o u r s p e r no male person, sixteen years of age and over shall be so employed
W B o v s o v e r 16 as at>ove’ more than ten hours a day during minority, unless he
y
voluntarily contracts to do so with the consent of his parents, or
one of them, if any, or guardian, and in such case he shall receive
Girls over 18 . extra compensation for his services: P ro v id ed , h o w ever , That
any female of eighteen years of age or over, may lawfully con
tract for such labor for any number of hours in excess of ten hours
a day, not exceeding six hours in any one week, or sixty hours in
any one year, receiving additional compensation therefor; but
E x ce p tio n s , during her minority, the consent of her parents, or one of them, or
guardian, shall be first obtained. Nothing in this section shall
apply to any manufacturing establishment or business, the mate
rials and products of which are perishable and require immediate
labor thereon, to prevent decay thereof or damge thereto.
Approved March 22, 1911.
Chapter 65.— D ep a rtm en t o f labor and in d u stry.
C o m m is s io n er o f la bor.
Section 1. The governor is hereby authorized and directed to
appoint within thirty days after this act shall become law, and
every third year thereafter, by and with the consent of the council,
and also within thirty days after the occurrence of any vacancy
in the office, a suitable person as commissioner of labor and State
factory inspector, who shall hold his office until his successor be
appointed and qualified. The title of such officer shall be commis
sioner of labor and industry, and State factory inspector, and the
LABOR LAW S---- M AINE---- ACTS OF 1911,
1097
term of office of such commissioner shall be for a period of three
years after such appointment. Such commissioner shall have an
office in the State capitol building suitably furnished and equipped
for the work of said department of labor and industry. He shall
perform his duties as herein provided and shall appoint a deputy D ep u ty .
who shall be clerk of the department, and deputy State factory
inspector. The term of office of such deputy shall continue dur
ing the pleasure of such commissioner.
R e p o rts.
S e c . 2. It shall be the duty of the department to collect, assort,
arrange and present to the governor on or before the first day of
January, nineteen hundred and thirteen and biennially thereafter,
statistical details relating to all departments of labor and indus
trial pursuits in the State; to trade-unions and other labor or
ganizations and their effect upon labor and capital; to the number
and character of industrial accidents and their effect upon the in
jured, their dependent relatives and upon the general public; to
other matters relating to the commercial, industrial, social, edu
cational, moral and sanitary conditions prevailing within the
State, including the names of firms, companies or corporations,
where located, the kind of goods produced or manufactured, the
time operated each year, the number of employes classified ac
cording to age and sex, and the daily and average wages paid
each employe; and the exploitation of such other subjects as will
tend to promote the permanent prosperity of the respective in
dustries of the State. It shall also be the duty of the commis
sioner of labor to cause to be enforced all laws regulating the em
ployment of children, minors and women; all laws established
for the protection of health, lives and limbs of operators in work
shops and factories, on railroads and other places; all laws regu
lating the payment of wages, and all laws enacted for the protec
tion of the working classes now in force or that may hereafter
be enacted. In its biennial report the department shall also give
an account of all proceedings which have been taken in accordance
with the provisions of this act, or any of the other laws herein
referred to, and in addition thereto, such remarks, suggestions
aiid recommendations as the commissioner may deem necessary
for the information of the legislature.
Sec, ,3. . The commissioner is hereby authorized to furnish and I n f o r m a t io n
deliver a written or printed list of interrogatories for the purpose t o be obtained .
of gathering facts and statistics such as are contemplated by this
act to any person, company or the proper officer of any corpo
ration operating within the State, and require full and complete
answers to be made thereto and returned under oath; the com
missioner shall have a seal, and have power to take and preserve
testimony, to issue subpoenas, and administer oaths, and examine
witnesses under oath in all matters relating to the duties herein
required by said department of labor, such testimony to be taken
in some suitable place in the vicinity to which the testimony
is applicable. Witnesses subpoened and testifying before the
commissioner of said department shall be paid the same fees
as witnesses before a supreme judicial court; such payment to
be made from any funds at the disposal of the department of
labor. Any person duly subpoenaed under the provisions of this
act who shall willfully neglect or refuse to attend, or refuse to
answer any question propounded to him concerning the subject
of such examination as provided in this act, or if any person to
whom a written or printed list of interrogatories has been fur
nished by said commissioner shall neglect or refuse to answer
and return the same under oath, such person or persons shall be
deemed guilty of a misdemeanor, and upon complaint of the
commissioner before a court of competent jurisdiction, and upon
conviction thereof, such person or persons shall be fined in a
sum not less than twenty-five dollars nor more than one hundred
dollars, or by imprisonment in the county jail not exceeding
thirty days, or by both such fine and imprisonment: P rovid ed ,
h o w e v e r , That no witness shall be compelled to go outside of the
county in which he resides to testify. In the report of said
1098
I n s p e ctio n c
fa c t o r ie s , etc.
D efectiv
c o n d itio n s .
D e fin ition s.
BULLETIN OF TH E BUBEAU OF LABOE.
department no use shall be made o f the names of individuals,
firms or corporations supplying the information called for by this
act, unless by written permission, such information being con
fidential and not for the purpose of disclosing personal affairs.
c Sec. 4. The commissioner as State factory inspector and any
authorized agent o f the labor department shall have power to
enter any factory or mill, workshop, private works or State in
stitutions which have shops or factories, when the same are
open or in operation, for the purpose of gathering facts and
statistics such as are contemplated by this act, and to examine
into the methods of protection from danger to employees and
the sanitary conditions in a n d . around such buildings and
places, and to make a record thereof of such inspection. And
if any person, or persons, shall refuse to allow the commissioner,
or any authorized agent of the labor department, to so enter,
or shall refuse to give the information so desired by said com
missioner or authorized agent, then said person or persons, shall
be deemed guilty of a misdemeanor, and, upon conviction thereof,
before any court of competent jurisdiction, shall be punished
by a fine not to exceed one hundred dollars, or by imprison
ment for not more than ninety days, or both such fine and im
prisonment in the discretion of the court. I f the commissioner
as State factory inspector, or any authorized agent o f the depart
ment o f labor, shall find upon such inspection that the heating,
lighting, ventilation or sanitary arrangement of any workshops
or factories is such as to be injurious to the health of the
persons employed or residing therein or that the means of
egress in case of fire or other disaster are not sufficient, or
that the belting, shafting, gearing, elevators, drums, saws, cogs
and machinery in such, workshops and factories are located
or are in a condition so as to be dangerous to employees and
not sufficiently guarded, or that vats, pans, or any other struc
tures, filled with molten metal or hot liquids, are not sur
rounded with proper safeguards for preventing accidents or
injury to those employed at or near them, he shall notify, in
writing, the owner, proprietor or agent of such workshops or
factories to make, within thirty days, the alterations ar [or]
additions by him deemed necessary for the safety and protection
o f the employees; and if such alterations or additionsralre not
made within thirty days from the date of such written notice, or
within such time as said alterations or additions can be made
with proper diligence upon the part of such proprietors, own
ers or agents, said proprietors, owners or agents so notified
shall be deemed guilty of a misdemeanor, and upon complaint
o f the commissioner as State factory inspector before a court
of competent jurisdiction, and upon conviction thereof, shall be
fined in a sum not less than twenty-five dollars nor more than
two hundred dollars, or by imprisonment not more than thirty
days, or by both such fine and imprisonment.
Sec. 5. The following expressions used in this act shall have
the following meanings: The expression “ person ” means an
individual, corporation, partnership, company or association.
The expression “ factory” means any premises where steam,
water or other mechanical power is used in aid of any manufac
turing process there carried on. The expression “ workshop ”
means any premises, room or place, not being a factory as above
defined, wherein any manual labor is exercised by way of trade,
ct for the purpose of gain in or incidental to any process of
making, altering, repairing, ornamenting, finishing or adapting
for sale any article or part, of an article, and to which or over
whieh premises, room or place the employer of the person or
persons working therein has the right of access or control;
P rovid ed , h o w ever, That the exercise of such manual labor in
a private house, or a private room by the family dwelling therein,
or by any of them, or in case a majority of persons therein
employed are members of such family, shall not of itself con
stitute such house or room a workshop within this definition. The
LABOR LAW S— M AINE— ACTS OF 1911.
1099
aforesaid expressions shall have the meanings above defined for
them respectively in all laws of this State relating to the em
ployment of labor, unless a different meaning is plainly required
by the context.
S e c . 6 . A ll State, county, city and town officers are hereby M u n icip a l a fdireeted to furnish said commissioner, upon his request, suchfairs*
statistical or other information contemplated by this act as shall
be in their posession as such officers.
S e c . 7. In addition to the deputy commissioner provided for
A ss ista n ts,
by section one of this act, the commissioner shall appoint a
stenographer for the department of labor; he shall also employ
a woman factory inspector, and he may also employ special
agents and such other assistants, as may be necessary in the
discharge of the official duties of said department of labor;
such special agents and other assistants shall be paid for the
services rendered such compensation as the commissioner may
deem proper, but no such agents or assistants shall be paid
more than three dollars per day in addition to necessary travel
ing expenses, said agents and assistants shall work under the
supervision and direction of the commissioner of labor.
S e c . 8. The salary of said commissioner shall be sixteen hunS ala ries, etc.
dred dollars per year, and that of his deputy, thirteen hundred
dollars per year, together with all necessary traveling expenses.
The salary of the stenographer shall be six hundred dollars per
year. A ll such salaries and other expenses provided for in this
act, shall be audited the same as salaries and expenses of other
state departments and shall be payable upon proper vouchers
certified by the commissioner; P ro vid ed , That the amount thereof,
exclusive of the salaries provided for by this section, shall not ex
ceed for any two years the sum of nine thousand dollars, making
the total annual appropriation for this department of labor for
all purposes, eight thousand dollars: P rovid ed , h o w ever , That any
-unexpended balance to the credit of the department of labor at
the close of any year in which the legislature regularly meets
shall be carried over and made available for use in the follow
ing year.
Sec. 9. Said commissioner shall be authorized to have printed Printing refor general distribution, not to exceed four thousand copies o fP °rts*
his biennial report, and he may also from time to time, cause to
be printed and distributed bulletins upon any subject that shall
be o f public interest and o f benefit to the State.
S e c . 10. Sections forty, forty-one, and forty-two of chapter
forty of the Revised Statutes, as amended by chapter two hun
dred and fifteen of the Public Laws of Nineteen Hundred and
Nine, chapter one hundred and eighty of the Public Laws of
Nineteen Hundred and Nine, sections forty-three, forty-four, fortyfive, forty-six and forty-seven of chapter forty of the Revised
Statutes as amended by chapter seventy-seven of the Public
Laws of Nineteen Hundred and Seven, and chapter two hundred
and nine of the Public Laws of Nineteen Hundred and Nine are
hereby repealed.
S e c . 11. A ll authority heretofore vested in the commissioner
A u th o r ity of
of the bureau of industrial and labor statistics as such, and the co m m issio n e r,
inspector of factories, workshops, mines and quarries as such, are
hereby vested in the commissioner of labor and industry and State
factory inspector as provided for in this act.
Approved March 22, 1911.
C hapter
87.— P riva te em p loym en t offices.
S e c t i o n 1. No person shall open, keep or carry on any employL ice n s e r e ment agency in the State of Maine, unless every such person shall quiredprocure a license therefor from the municipal officers of the town
where such employment agency is to be located. Any person
who shall open or conduct any such agency without first procur
ing such license shall be guilty of a misdemeanor and shall be
punishable by a fine of not less than fifty dollars and not exceed-
1100
BULLETIN OF T H E BUREAU OF LABOR.
A p p lic a tio n .
B ond.
R e g ister.
Fees.
Receipt.
R eturn
fee*
ing three hundred dollars, or upon failure to pay such fine by
imprisonment for a period not exceeding six months and not less
than one month, or both, at the discretion of the court. Such
license shall be granted upon the payment to said municipal
officers annually of a fee of twenty-five dollars. Such license
shall be signed by a majority of the said municipal officers and
shall continue in force from May first to May first of the succeed
ing year.
Every license so granted shall contain the name of the per
son licensed, a designation of the city, street and number of the
house or building in which the person licensed is authorized to
carry on the said employment agency and the number and date of
such license. Such license shall not be valid to protect any other
place than that designated in the license, unless consent is first
obtained from the municipal officers and until the written consent
of the surety or sureties on the bond required to be filed by sec
tion two of this act to such transfer, be filed with the original
bond. No such agency shall be located on premises where in
toxicating liquors are sold or dispensed contrary to law, or shall
any license be issued to any person, directly or indirectly engaged
or interested in the sale of intoxicating liquors.
The application for such license shall be filed with the muni
cipal officers at least one week prior to the date of hearing upon
the said application and the said municipal officers shall act upon
any application so made within thirty days from the date of the
filing of said application. Such application shall be accompanied
by the affidavits of two persons who have known the applicant
(or the chief officers thereof, if a corporation) for two years at
least, stating that the applicant is of good moral character and a
resident of the State and has been such for at least five years
prior to the date of such application.
Sec. 2. The municipal officers shall require such person to file
with said application for a license a bond in due form in favor of
the inhabitants of the city or town wherein such application is
made in the penal sum of one thousand dollars, with one or more
sureties, to be approved by said municipal officers and conditioned
that the obligor will conform to and not violate any of the duties,
terms, conditions, provisions or requirements of this act.
If any person shall be aggrieved by the misconduct of any such
licensed person, such person may maintain an action in his own
name upon the bond of said employment agency, in any court
having jurisdiction.
S e c . 3. It shall be the duty of every such licensed person to
keep a register in which shall be entered in the English language
the date of every accepted application for employment, name and
address of the applicant to whom employment is offered or prom
ised, written name and address of the person to whom applicant
is sent for employment, and of the fee received.
The aforesaid register of applicants for employment shall be
open during office hours to inspection by any one or more of said
municipal officers, their qualified agents, or any police officer
when on duty.
No such licensed person, or his employees, shall knowingly make
any false entries in such register.
S e c . 4. Every licensed person shall give to each applicant for
employment from whom a fee or other valuable thing shall be
received for procuring such employment, which fee or other val
uable thing shall be and in no case exceed the sum of one dollar,
said fee being in full compensation for all service of said licensed
person, a receipt in which shall be stated the name o f the appli
cant, the amount o f the fee or other valuable thing, the date, the
name or nature o f the employment or situation to be procured,
and the name and address o f the person, firm or corporation,, to
whom the applicant is referred or sent for work or employment.
of i f the applicant does not obtain a situation, or employment
through the agency of such licensed person within six days after
the application as aforesaid, said licensed person shall return
LABOR LAW S---- M AINE-----ACTS OF 1911,
1101
to said applicant on demand the amount of the fee or other valu
able thing so paid and delivered by said applicant to said
licensed person: P ro vid ed , That said person, seeking employment
through such agency, does not break any agreement he may make
with said licensed person, relative to time of entering into the
employment sought for. Any licensed person shall not by himself, In te rfe re n c e
i t h e m p lo y
agent, or otherwise, induce or attempt to induce any employee to w
m ent.
leave his employment with a view of obtaining other employment
through such agency.
Sec. 5. No such licensed person shall send, or cause to be sent, A cts fo r b id
any female help or servants, or inmate or performer, to enter d en .
any questionable place or place of bad repute, house of ill fame,
or assignation house, or to any house or place of amusement
kept for immoral purposes, or place resorted to for the purpose of
prostitution, vice, or gambling house, the character of which such
licensed person knows, either actually or by reputation.
No such licensed person shall permit questionable characters,
prostitutes, gamblers, intoxicated persons, or procurers to frequent
such agency knowingly. No such licensed person shall accept
any application for employment made by or on behalf of any
child, or shall place or assist in placing any such child in any em
ployment whatever in violation of law.
Sec. 6. The enforcement o f this act shall be intrusted, to the
municipal officers during their term o f office and until the qualifi
cation of their successor or successors.
Complaints of the violation of any of the provisions of this act
shall be made orally or in writing to said municipal officers and
reasonable notice thereof, not less than one day, shall be given in
writing to such licensed person by serving upon him concise state
ments of the facts constituting the complaint, and the hearing
shall be had before said municipal officers at such time and place
as they may designate, within one week from the date of the
service of such complaint upon such licensed person, and no ad
journment shall be taken for a period of longer than one week.
Reasonable notice of the time and place of hearing shall be given
in writing to such licensed person complained against. The re
sult of any such hearing shall be rendered within one week from
the date of hearing. The municipal officers may refuse to issue
and may revoke any license for any good cause shown within the
meaning and purpose of this act, and when it is shown to the
satisfaction of a majority of said municipal officers that any per
son is guilty of any immoral, fraudulent or illegal act or conduct
in connection with the conducting of said business, it shall be the
duty of said municipal officers to revoke the license of such per
son, but notice of such charges shall be presented in writing signed
by the party making the same and reasonable opportunity shall
be given such licensed person to defend himself in the manner and
form heretofore provided in this section of this act. Whenever
said municipal officers shall refuse to issue or shall revoke any
license of any employment agency, said decision shall be final.
Whenever for any cause such license shall be revoked, said revo
cation shall take effect at once after said revocation is announced,
and such revocation shall be considered good cause for refusing
to issue another license to said person or his representative, or
to any person with whom he is to be associated in the business of
furnishing employment or help. The violation of any of the pro
visions of this act except as is otherwise provided shall be pun
ishable by a fine not exceeding twenty-five dollars with costs of
prosecution, and any city magistrate, judge of a municipal court,
trial justice or any inferior magistrate having original jurisdiction
in criminal cases, shall have power to impose said fine and costs,
and in default of payment to commit to the county jail or house
of correction the person so offending for a period not exceeding
thirty days. Any one of the municipal officers may institute
criminal proceedings to enforce the provisions of this act before
any court of competent jurisdiction.
E n fo rce m e n t.
Refusal
r e v o ca tio n
licen se.
V io la tio n s.
or
of
1102
BULLETIN OF TH E BUREAU OF LABOR.
Disposition
o f fees.
Sec. 7. A ll money paid to said municipal officers by reason o f
any o f the provisions of this act shall be paid to the town or city
treasurer for the use o f said city or town.
L ice n se to be
d isp la y ed .
Sec. 8. Said licensed person shall exhibit in a public and con
spicuous place in his place o f business or office* the license which
he has obtained from said municipal officers of- the city or town
wherein said agency is. established*
Sec. 9. The term ‘'p e rso n " in this act shall include persons,
Definitions.
E x c e p tio n s .
company, society, association, firm or corporation and the term
“ employment agency ” shall include the business o f beeping an
intelligence office* employment bureaus or other agencies by
procuring work or employment for persons seeking employment,
or for acting as agents for procuring such work or employment,
where a fee or other valuable thing is exacted, charged or re
ceived, or for procuring or assisting to procure employment,
work or situation of any kind or for procuring or providing hereby
for any person.
Sec* 10. This act shall not apply to the employment of sea
men or shall the provisions o f any section in this act apply to
teachers* agencies or charitable institutions.
Approved March 25, 1911.
Chapter 102.— A ccid en ts ta be reported*
W h o to m ake
re p o rts.
Definition.
V io la tio n s .
Section 1. The person in charge of any factory* workshop or
other industrial, establishment shall report in writing to the com
missioner of labor all deaths, accidents* or serious physical in
juries sustained by any person therein or on the premises, within
ten days after the time of the accident* death or injury, stating
a s fully as possible the cause of the death or the extent and
cause of the injury, and the place where the injured person haik
been sent, with such other or further information relative thereto
as may be required by said commissioner* who may investigate
the causes thereof and require such precautions to be taken ds
will prevent the recurrence of similar happenings No statement
contained in any such report shall be admissible in evidence in
any action arising out of the death or accident therein reported. *
Sec* 2. The term “ serious physical injuries*" as used in this
act, shall be construed* to mean every accident which* results in
the death o f the employe or causes his absence from work for at
least six days thereafter.
S e c . 3.. Any person in charge of properties, as described in
section one o f this act* where accidents shall have occurred* who
shall fail or refuse to send such notices and statements and other
wise comply with the provisions of this act* shall be guilty of a
misdemeanor and upon conviction thereof shall be punished by
a fine of mot less than twenty-five dollars nor more than fifty
dollars
Approved March 28* 1011.
C hapter 113.— E m p lo y m e n t o f children— S ch oo l attendance.
E n f o rcem ent.
fThis chapter amends section 51, chapter 15, Revised Statutes,
as amended by chapter 238, Acts o f 1900, by directing eases of
improper employment o f children to be reported by the truant
officers to the commissioner o f labor, instead o f to the inspector
of factories, workshops, mines, and quarries.!
Approved March 28, 1911.
Chapter 118.— E m p lo y m e n t o f children — Certificates.
E ffe ct o f c e r
tifica tes.
[This chapter amends chapter 257, Acts of 1909, by inserting a
provision to the effect that age and schooling certificates shall
exempt the holder from school attendance.!
Approved March 28, 1911.
LABOR LAW S-----M AINE— ACTS OF 1911.
C
h apter
1103
143.— E m p lo ym en t o f w om en and children .
S e c t i o n 1. Chapter forty of the Revised Statutes, as amended
C o m m is s io n by chapter forty-six of the Public Laws of Nineteen Hundred e{* o f la b o r is
and Seven, and chapters seventy and two hundred and fifty-seven cmer mspector*
of the Public Laws of Nineteen Hundred and Nine, relating to
the employment of women and children is hereby amended by
striking out the words, “ inspector of factories, workshops, mines
and quarries,” where these words occur, and substituting therefor
the words “ commissioner of labor.”
Approved March 29, 1911.
Chapter
175.— E x e m p tio n o f w ages.
S e c t i o n 1. Subsection six of section fifty-six [fifty-five] of
chapter eighty-eight of the Revised Statutes as amended by sec
tion one of chapter two hundred and fifty-six of the Public Laws
of Nineteen Hundred and Nine * * * is hereby further
amended * * * so that said subsection as amended shall read
as follow s:
V I. By reason o f any amount due from him to the principal
What wages
defendant, as wages for his personal labor, or that o f his wife or exem Pt*
minor children, for a time not exceeding one month next preced
ing the service o f the process, and not exceeding twenty dollars
o f the amount due to him as wages for his personal labor; and
ten dollars shall be exempt in all cases; moreover, wages o f minor
children and of women, are not, in any case, subject to trustee
process on account of any debt o f parent or husband; if after
wages for personal labor or services have been attached and be
fore entry o f the writ, the defendant tenders to the plaintiff or
to, his attorney the whole amount due and recoverable in the
action and the fees o f the officer for serving the writ, the plaintiff
shall recover no costs, except the fees o f the officer; and if the
defendant is defaulted without an appearance or if he files an
offer o f judgment on the return day o f the writ, and the plaintiff
accepts such offer or fails to secure more than the amount thereof
and o f the interest thereon from its date, the plaintiff shall re
cover nq, costs, except the entry fee and the officers’ fees.
Approved March 30, 1911.
MASSACHUSETTS.
ACTS OF 1911,
C hapter
151.— H olid a y labor.
S e c t i o n 1. No employee shall be required to work in any mill
Labor fori
or factory on any legal holiday, except to perform such work as b idd en ,
is both absolutely necessary and can lawfully be performed on
the Lord’s Day.
S e c . 2. Whoever violates the provisions of this act shall be
renalty.
punished by a fine not exceeding five hundred dollars.
Approved March 17, 191L
C h apter
158.— F r e e public em p loym en t offices— D istribu tion o f
Im m igra n ts .
S e c t i o n 1. Section three of chapter five hundred and fourteen
of the Acts of the year nineteen hundred and nine is hereby
amended * * * so as to read as follow s:
Section 3. The superintendents of said employment offices shall
receive applications from those seeking employment and from
those desiring to employ, and shall register them in such man
ner as may be prescribed by the director of said bureau, and shall
take such other action as the director may deem best to promote
the purposes of said offices. Said superintendent shall also re-
A p p lic a t io n s ,
1104
BULLETIN OF TH E BUREAU OF LABOR,
Aliens.
ceive applications from alien immigrants seeking employment in
agricultural labor and from those desiring to employ immigrants
in agricultural labor, and shall take such other action as the
director may deem best to promote a more general distribution of
alien immigrants throughout the agricultural sections of the Com
monwealth.
Approved March 17, 1911.
C hapter
208.— P a ym en t o f w a g es b y e x p ress com panies— W e e k ly
p a y day.
A ll
com p a -
mes in clu d ed .
[This chapter amends section 112 of chapter 514, Acts of 1909,
by making it apply to all express companies, instead of to incor
porated companies only.]
Approved March 28, 1911.
C
h apter
229.— E m p lo y m e n t o f w om en before and a fter childbirth .
E m p lo y m e n t
S e c t i o n 1. No woman shall knowingly be employed in laboring
f o r b i d d e n , j n a mercantile, manufacturing or mechanical establishment
when*
within two weeks before or four weeks after childbirth.
S e c . 2. The foregoing section shall be included in the notice
with regard to the employment of women now required to be
posted in mercantile, manufacturing and mechanical establish
ments, and the provisions thereof shall be enforced by the district
police.
V io la tio n s .
Sec. 3* Violations of section one of this act shall be punished
by a fine of not exceeding one hundred dollars.
L a w in e ffe ct,
S e c . 4. This act shall take effect on the first day of January^
when.
nineteen hundred and twelve.
Approved March 31, 1911.
Law
p osted .
to be
C hapter
unun e r
- .
241.— E m p lo y m e n t o f children— Illitera tes .
[This chapter amends section 17 of chapter 514, Acts of 1909,
by mo(jifying the definition of the words “ child ” and “ minor ”
as used in that act so that the word “ minor ” as used in.reference
to the compulsory attendance of illiterates on evening schools
shall include all such persons under 21 years of age.]
Approved April 6, 1911.
C h apter
249.— P a ym en t o f w ages— W a g e s to be paid b efore close
o f w o rk d a y .
B a y d u r in g
S e c t i o n 1. Manufacturing corporations and contractors, perwork tim e.
song or partnerships engaged in any manufacturing business
wherein one hundred employees or more are employed shall, on
the day chosen as pay day, pay such of their employees as are
on that day working in the manufacturing establishment, before
the close of the regular wrorking hours.
V io la tio n s .
S e c . 2. Whoever violates the provisions of this act shall be
punished by a fine of not more than fifty dollars.
Approved April 6, 1911.
C h apter
Requirem ents.
269.— E m p lo y m e n t o f children— C ertificates .
[This chapter amends section 58 of chapter 514, Acts of 1909,
by adding the requirement that the age and schooling certificate
shall certify that the holder is able to read and write so as to
meet the requirements for admission to the fourth grade of the
local public schools.]
Approved April 10, 1911.
LABOR LAW S---- MASSACHUSETTS-----ACTS OF 1911.
C hapter
1105
281.— F a c to ry regulations— U se o f suction shuttles.
1. It shall be unlawful for any proprietor of a factory
Use forbidor any officer or agent or other person to require or permit th edenuse of suction shuttles, or any form of shuttle in the use of which
any part of the shuttle or any thread is put in the mouth or
touched by the lips of the operator. It shall be the duty of the
State board of health to enforce the provisions of this act.
S e c . 2 . Violations of this act shall be punished by a fine of not
V io la tio n s ,
less than fifty dollars for each offense.
S e c . 3. This act shall take effect on the first Monday of May in
L a w in effect,
the year nineteen hundred and twelve; but if the proprietor or w h en,
manager of a factory shall, in good faith, show to the State board
of health sufficient reasons for its inability to comply with the
provisions hereof at the time when this act is to take effect, the
said board may, in its discretion, grant a reasonable extension of
time within which the said factory shall comply with the pro
visions hereof.
Approved April 13, 1911.
S e c t io n
C hapter
310.— E m p lo ym en t o f children— Illitera tes .
1. No illiterate minor between the age of sixteen and
twenty-one years shall be employed in a factory, workshop, me
chanical or mercantile establishment unless his employer procures
and keeps on file, accessible to the truant officers of the city or
town and to the district police and inspectors of factories and
public buildings, a certificate showing that such minor is sixteen
years of age or over. Said certificate shall give the place and date
of birth of such minor and his personal description. The printed
form of the certificate shall be provided by the chief of the district
police and shall be approved by the attorney general.
S e c . 2. This act shall take effect upon its passage.
Approved April 20, 1911.
S e c t io n
C hapter
Age limit,
313.— E m p lo y m e n t o f w o m en
and children — G arm entw o rk ers in m ercantile esta blish m en ts .
S e c t i o n 1. The provisions of section forty-seven of chapter five
S cop e o f law
hundred* and fourteen of the Acts of the Year Nineteen Hundred exten d ed ,
and Nine, relative to the employment of children and women in
mercantile establishments, shall also apply to children and women
employed in a workshop for the making, altering or repairing of
garments: P rovid ed , That the workshop is connected with a mer
cantile establishment where the said garments are sold at retail,
and is owned and operated by the proprietor of such mercantile
establishment: A n d provided , also , That such children and women
shall not be employed more than fifty-six hours in any one week.
The provisions of section forty-eight of the said chapter shall not
apply to children and women employed as aforesaid.
Approved April 20, 1911.
C hapter
338.— R etirem en t sy ste m s fo r em p loyees o f cities and
tow n s .
[This chapter amends several sections of chapter 619, Acts of D e fin itio n .
1910. Section 1 is amended by inserting a definition of the term
“ employees,” as used in the act, the word being held to mean
“ only regular and permanent employees whose only or principal
employment is in the service of the city or town.”
Section 2 is amended so as to make the vote of acceptance or
rejection apply to the act in its amended form, instead of to the
form in which it was originally enacted.
Section 3 is amended so as to read as follow s:]
Section 3. Whenever a city or town shall have voted to estab- O r g a n iz a tio n
lish a retirement system under the provisions of section two, a o f system ,
retirement association shall be organized as follow s:
(1)
A ll employees of the city or town, on the date when the
retirement system is declared established by the issue of the
1106
BULLETINS OF T H E BUREAU OE LABOR,
certificate, as provided in section two, may become members of
the association. On the expiration of thirty days from said date
every such employee shall be considered to have elected to become,
and shall thereby become, a member, nnless he shall have, within
that period, sent notice in writing to the loeal election commis
sioners or the officers corresponding thereto that he does not wish
to join the association.
(2) A ll employees who enter the service o f the city or town
Wh o a r e
members.
after the date when the retirement system is declared established
by the issue of the certificate, as provided in section two, except
persons who have passed the age of fifty-five years, shall upon
completing thirty days of service become thereby members of the
association. Persons over fifty-five years of age who enter the
service of the city or town after the establishment o f the retire
ment system shall not be allowed to become members o f the asso
ciation, and no such employee shall remain in the service of the
city or town after reaching the age of seventy years.
(3) No officer elected by popular vote may become a member
o f the association, nor any employee who is or will be entitled to
a pension from the city or town for any reason other than mem
bership in the association.
(4 ) Any member who reaches the age of sixty years and who
Retirement.
has been in the continuous service of the city or town for a period
of fifteen years immediately preceding may retire or may be re
tired by the board of retirement, upon recommendation of the
head of the department in which the member is employed, and
any member who reaches the age of seventy must be retired, irre
spective o f such recommendation.
(5) Any member who has completed a period of thirty-five
years of continuous service may retire, or may be retired at any
age by the board of retirement upon recommendation o f the head
of the department in which the member is employed if such action
be deemed advisable for the good of the service.
r
[Section 4 is amended so as to allow 60 days for the choice of
the second member of the board of retirement, instead of but 30*
by requiring that the acts of the board contemplated in para
graphs (2) and (4) shall be subject to the approval of the city
council or the board of selectmen; by requiring that deductions
from wages or salaries for dues to the fund, credited to the retire^
ment fund under the provisions of paragraph (3) of section 5,
shall be reported as deposit reserve (see section 4, paragraph (6)
A ) ; and defining the annuity surplus mentioned in paragraph (6)
G simply as “ the undistributed surplus arising from annuity
deposits/’
Funds raised,
Sections 5 and 6 are amended so as to read as follows r]
how.
Sec. 5. The funds of the retirement system shall be raised as
follow s:
(1)
EXPENSE AND CONTINGENT FUND.
The city or town shall appropriate annually such an amount as
may be necessary to defray the wiiole expense of administration,
according to estimate prepared by the treasurer.
(2) ANNUITY AND PENSION FUND.
A.
D ep o sits b y m em b ers .— Each member shall deposit in this
fund from his wages or salary, as often as the same are payable,
not less than one per cent and not more than five per cent of the
amount of his wages or salary as determined by the board of re
tirement under the provisions of section four ( 5 ) : P rovid ed , how
e v e r , That employees who receive more than thirty dollars weekly
in wages or salary shall not be assessed for contribution to this
fund on the excess above that amount.
BL Con tribu tion s b y th e c ity or tow n . — (a) Every month the
city or town shall contribute such amount as the board of retire
ment may determine to be necessary to pay current pensions for
subsequent services, under section six, (2 ) C (a).
LABOR LAW S— MASSACHUSETTS— ACTS OF 1911.
1107
(b ) Every year, in February, in ease the actual annuity de
posits shall be less than the amount of the annuity reserve, the
city or town shall make good such deficiency.
( c ) Every month the city or town shall contribute such amount
as the board of retirement may determine to be necessary to pay
current pensions for prior service under section six, (2 ) G (h).
(d ) Every month the city or town shall contribute such amount
as the board of retirement may determine to be necessary to en
sure the minimum payments provided for in section six, E.
(e ) The eity or town shall appropriate annually such an
amount as may be necessary to defray the contributions to be
made by it under paragraph (2 ) B (a), (b ), (c ) and (d) of this
section, according to estimates prepared by tbe treasurer.
(3 )
P r o v is io n s
eor
Paym
ents.
A ll amounts payable by members of the association under para Payments.
graph (2 ) A of this section shall be deducted by the city or town
from the amounts payable to them as wages or salary, as often
as the same are payable, and shall be credited immediately to the
retirement fund by the eity or town treasurer.
S ec . fi. The city or town treasurer shall administer the funds Funds admin
of the retirement system in accordance with the following plan: istered, how.
(1 )
E xpense
and
C o n t in g e n t F
und.
The fund provided for under section five, (1>, shall be used,
so far as may be necessary, for the payment of the expenses of
administration. The portions not so used, if any, shall be repaid
into the city or town treasury. In ease the amount appropriated
for the expense and contingent fund in any year should prove
insufficient, the city or town shall appropriate in the follow
ing year such additional sum as may be required to cover the
deficit.
(2 )
A
n n u it y
and
P e n s io n
F un ds.
A. R efu n d s. — (a) Should a member of the association cease to
be an employee of the city or town for any cause other thqp
death before becoming entitled to a pension, there shall be re
funded to him all the money that has been paid in by him under
section five, (2 ) A, with regular interest
(b )
Should a member of the association die before becoming
entitled to a pension, there shall be paid to his legal represent
atives all the money that has been paid in by him under section
five, (2) A, with such interest as shall have been earned on such
deposits.
B . A n n u ities fr o m em p lo y e es * d ep osits .— Every member who Annuities.
reaches the age of sixty years and has been in tbe continuous
service of the eity or town for fifteen years immediately preceding,
and then or thereafter retires or is retired, every member who
retires or is retired at the age of seventy years, and every mem
ber who is retired for the good of the service under the provisions
of section three, (5 ), shall receive an annuity to which the sum
of his deposits under section five, (2), with regular interest, shall
entitle him, according to the tables adopted by the board of re
tirement, in one o f the following form s:
(a ) A life annuity, payable monthly.
(b) A life annuity, payable monthly, with the provision that in
the event o f the death of the annuitant before receiving payment
equal to the sum at the date of bis retirement of his deposits
under section five, (2 ) A , with regular interest, the difference
shall be paid to his legal representatives.
C. P en sion s derived fr o m contribu tion s b y th e c i t y o r to w n .—
Pensions.
(a ) Pensions based upon subsequent service. Any member en
titled to an annuity under paragraph (2) B, o f this section, shall
receive in addition thereto a pension for life payable monthly
1108
BULLETIN OP TH E BUREAU OP LABOR.
equivalent to that annuity, to be paid out of tlie fund contributed
by the city or town under the provisions of section five, (2)
B (a).
(b)
P e m io n s based upon p rior se r v ic e .— Any member of the
association who reaches the age of sixty years, having been in
the continuous service of the city or town for fifteen years or
more immediately preceding, and then or thereafter retires or is
retired, shall receive in addition to the annuity and pension pro
vided for by paragraphs (2) B and C (a ) of this section, an extra
pension for life as large as the amount of the annuity to which
he might have acquired a claim if the retirement system had
been in operation at the beginning of such period of continuous
service, and if accordingly he had paid regular contributions from
that date to the date of the establishment of the retirement asso
ciation, at the same rate as that first adopted by the board of
retirement, and if such deductions had been accumulated with
regular interest.
Any employee who had already reached the age of fifty-five
years on the date when the retirement system was established, and
also became a member of the association, may be retired under
the provisions of the preceding paragraph without having com
pleted the otherwise required service period of fifteen years.
For the purpose of computing any pension payable for prior
service, the board of retirement may estimate on a basis de
termined by them the wages received at any period for which
they may deem it impracticable to consult the original records.
Any employee not a member of the association who had already
reached the age of fifty-five years on the date when the retire
ment system was established, may be retired at any time and shall
be paid a pension equivalent to the minimum payment herein
provided for.
S urp lu s.
D. A pplication o f surplus .— The board of retirement shall have
power to determine the application of any surplus, as defined
under section four, (6) G, subject to the approval of the insur
ance commissioner.
E. M in im u m and m a xim u m p a ym en ts .— In no case shall the
total monthly payment to a member be at a fate less than two
hundred dollars per year, or at a rate more than one half the
amount of the average wages or salary received by the member
during the ten years prior to his retirement.
F. A sso cia tio n m em bersh ip and pen sion certificate .— Member
ship in the association shall be evidenced by a certificate to be
issued to each member by the board of retirement, and the right
to an annuity or a pension shall be evidenced by a policy to be
issued to each member who retires or is retired by the board of
retirement.
[A new section is added to the original law, as follow s:]
A m en d m en ts.
Sec. 11. This act may be altered or amended from time to time,
and all such alterations and amendments shall, upon their pas
sage, become binding upon cities and towns which have previously
accepted this act, and all contractual rights entered into by and
between any city or town and the employees thereof under the
provisions of this act shall be deemed to have been entered into
subject to being subsequently affected by such alterations or
amendments: P ro vid ed , h ow ever , That no such alteration or amend
ment shall affect the rights of employees given by section six,
(2) A, of this act with reference to deposits previously made.
In effect April 22, 1911.
Chapteb 345.— S a fe ty appliances on s tr e et ra ilw a ys .
Equipm ent
req u ired .
Section 1. Section ninety of Part III of chapter four hundred
and sixty-three of the Acts of the year nineteen hundred and six
is hereby amended * * * so as to read as follow s:
Section 90. A street railway company shall equip its cars, when
in use, with such headlights, fenders, wheel guards, brakes and
1109
LABOR LAW S---- MASSACHUSETTS---- ACTS OF 1911.
emergency tools as may be required by the board of railroad com
missioners, and said board may modify its requirements.
Approved April 27, 1911.
Chapter 431.— L a b o r organizations— F in e s on m em bers .
Section 1. No fine or notice of intention to impose a fine by any
union or any other association, incorporated or unincorporated, or
by any authorized representative thereof, upon any member
thereof, according to the rules thereof to which such member has
agreed to conform, shall be held to be unlawful or coercive as to
such member or as to any other person: P ro vid ed , That such fine
is reasonable in amount and is for a purpose which is legal.
Approved May 13, 1911.
Fines
legal,
Proviso,
Chapter 455.— F a c to ry regulations— In spection o f eleva tors .
[This chapter amends section 128 of chapter 104 of the Revised Who may inLaws, by giving local building inspectors in cities and towns spect*
equal authority with the State inspector in prohibiting the use of
elevators found dangerous.]
Approved May 18, 1911.
Chapter 484.— E m p lo ym en t o f w om en and children— H ou rs o f
labor .
Section 1. Section forty-eight of chapter five hundred and four
teen of the Acts of the year nineteen hundred and nine is hereby
amended by striking out the whole of said section and substituting
in place thereof the following:
Section 48. No child under eighteen years of age and no woman T e n - h o u r
shall be employed in laboring in a manufacturing or mechanicalday*
establishment more than ten hours in any one day, except as here
inafter provided in this section, unless a different apportionment
of the hours of labor is made for the sole purpose of making a
shorter day’s work for one day of the week; and in no case shall
the hours of labor exceed fifty-four in a week, except that in any
such establishment where the employment is by seasons, the num
ber of such hours in any week may exceed fifty-four, but not
fifty eight. P ro vid ed , That the total number of such hours in any Weekly limit,
year shall not exceed an average of fifty-four hours a week for the
whole year, excluding Sundays and holidays. Every employer Schedule to
shall post in a conspicuous place in every room in which such be posted,
persons are employed a printed notice stating the number of
hours’ work required of them on each day of the week, the hours
of commencing and stopping work, and the hours when the time
allowed for meals begins and ends or, in the case of establish
ments exempted from the provisions of sections thirty-six and
thirty-seven, the time, if any, allowed for meals. The printed
forms of such notices shall be provided by the chief of the dis
trict police, after approval by the attorney general. The employ
ment of such person at any time other than as stated in said
printed notice shall be deemed a violation of the provisions of this
section unless it appears that such employment was to make up
time lost on a previous day of the same week in consequence of
the stopping of machinery upon which he was employed or de- stoppage of
pendent for employment; but no stopping of machinery for less machinery,
than thirty consecutive minutes shall justify such overtime em
ployment, nor shall such overtime employment be authorized
until a written report of the day and hour of its occurrence and
its duration is sent to the chief of the district police or to an in
spector of factories and public buildings.
4
Sec. 2. This act shall take effect on the first day of January in
the year nineteen hundred and twelve.
Approved May 27, 1911.
25202°— Bull. 97— 12----- 16 '
1110
BULLETIN OF TH E BUREAU OF LABOR.
C h a p t e r 494.— H o u rs o f labor on public w o r k s — E igh t-h ou r d a y..
S ection 1. The service of all laborers, workmen and mechanics,
E ig h t-h o u r
day.
now or hereafter employed by the Commonwealth or by any
county therein or by any city or town which has accepted the
provisions of section twenty of chapter one hundred and six of
the Revised Laws, or of section forty-two of chapter five hundred
and fourteen of the Acts of the year nineteen hundred and nine,
or by any contractor or subcontractor for or upon any public
works of the Commonwealth or of any county therein or of any
such city or town, is hereby restricted to eight hours in any one
calendar day, and it shall be unlawful for any officer of the Com
monwealth or of any county therein, or of any such city or town,
or for any such contractor or subcontractor or other person whose
duty it shall be to employ, direct or control the service of such
laborers, workmen or mechanics to require or permit any such
laborer, workman or mechanic to work more than eight hours in
any one calendar day, except in cases of extraordinary emergency.
Emergencies. Danger to property, life, public safety or public health only shall
be considered cases of extraordinary emergency within the mean
ing of this section. In cases where a Saturday half holiday is given
the hours of labor upon the other working days of the week may
be increased sufficiently to make a total of forty-eight hours for
the week’s work. Threat of loss of employment or to obstruct or
prevent the obtaining of employment or to refrain from employing
in the future, shall each be considered to be “ requiring ” within
the meaning of this section. Engineers shall be regarded as
mechanics within the meaning of this act.
Contracts.
S ec. 2. Every contract, excluding contracts for the purchase of
material or supplies, to which the Commonwealth or any county
therein or any city or town which has accepted the provisions of
section twenty of chapter one hundred and six of the Revised
Laws, is a party which may involve the employment of laborers,
workmen or mechanics shall contain a stipulation that no laborer,
workman or mechanic working within this Commonwealth, in the
employ of the contractor, subcontractor or other person doing
or contracting to do the whole or a part of the work contemplated
by the contractor shall be requested or required to work more
than eight hours in any one calendar day, and every such con
tract which does not contain this stipulation shall be null and
void.
Violations.
S ec . 3. Any agent or official of the Commonwealth or of any
county therein or of any city or town or any contractor or sub
contractor or any agent or person acting on behalf of any con
tractor or subcontractor who violates any provision of this act
shall be punished by a fine not exceeding one thousand dollars
or by imprisonment for six months or both such fine and impris
onment for each offense.
Exceptions.
S ec . 4. This act shall not apply to the preparation, printing,
shipment and delivery of ballots to be used at a caucus, primary,
State, city or town election, nor during the sessions of the general
court to persons employed in legislative printing or binding; nor
shall it apply at any time to persons employed in any State,
county or municipal institution, on a farm, or in the care of the
grounds, in the stable, in the domestic or kitchen and dining-room
service or in store rooms or offices.
Approved May 27, 1911.
C h a p t er 532.— R etirem en t s y s te m fo r e m p lo yees o f the S ta te .
Definitions.
. S ection 1. In this act, unless the context otherwise requires
(a ) The words “ retirement system ” mean the arrangements
provided in this act for the payment of pensions.
(b ) H ie word “ annuities” means the payments for life de
rived from money contributed by the employees.
(e)
The word “ employee” means any person on the pay roll
of the Commonwealth, whether employed in the direct service of
LABOR LAW S-----MASSACHUSETTS— ACTS OF 1911.
1111
tlie Commonwealth or in the metropolitan district service, who
regularly gives his whole time to that service.
(d ) The word “ pensions ” means the payments for life derived
from money contributed by the Commonwealth.
(e) The words “ regular interest ” mean interest at three per
cent per annum compounded semiannually on the last days of
December and June, and reckoned for full three and six months"
periods only.
( /) The words “ continuous service” mean uninterrupted em
ployment, with these exceptions: a lay-off on account of illness
or reduction of force, and a leave of absence, suspension or dis
missal followed by reinstatement within one year. As to ap
pointees of the sergeant at arms the interval between sessions of
the general court shall not be considered as breaking the continu
ity of service.
S ec . 2. The retirement system shall be established on th e first Law in effect,
day of January or the first day of July following the expiration when,
of three months after the date on which this act takes effect.
S ec . 3. A retirement association shall be organized among the
employees of the Commonwealth, including employees in the
metropolitan district service, as follow s:
(1 ) A ll employees of the Comonwealth, on the date when the W h o a r e
retirement system is established, may become members of th ememl)ers*
association. On the expiration of thirty days from said date
every such employee shall be considered to have elected to be
come, and shall thereby become, a member, unless he shall have
within that period, sent notice in writing to the State insurance
commissioner that he does not wish to join the association.
(2 ) A ll employees who enter the service of the Commonwealth
after the date when the retirement system is established, except
persons who have already passed the age of fifty-five years, shall
upon completing thirty days of service become thereby members
of the association. Persons over fifty-five years of age who enter
the service of the Commonwealth after the establishment of the
retirement system shall not be allowed to become members of the
association, and no such employee shall remain in the service of
the Commonwealth after reaching the age of seventy years.
(3) No officer elected by popular vote may become a member
of the association, nor any employee who is or will be entitled to
a pension from the Commonwealth for any reason other than
membership in the association.
(4 ) Any member who reaches the age of sixty years and has Retirement
been in the continuous service of the Commonwealth for a period
of fifteen years immediately preceding may retire or be retired
by the board of retirement upon recommendation of the head of
the department in which he is employed, and any member who
reaches the age of seventy must so retire.
(5 ) Any member who has completed a period of thirty-five
years of continuous service may retire, or may be retired at any
age by the board of retirement upon recommendation of the head
of the department in which he is employed, if such action be
deemed advisable for the good of the service.
Sec. 4. (1) The management of the retirement system is hereby Board of re
vested in the board of retirement, consisting of three members, tire m e n t.
one of whom shall be the State treasurer; the second member
shall be a member of the association elected by the latter within
sixty days after the date on which the retirement system is estab
lished, in a manner to be determined by the State insurance com
missioner; the third member shall be chosen by the other two
members. In case of the failure of the latter to choose the third
member within thirty days after the election of the second mem
ber, the governor shall appoint the third member. The first per
son so chosen or appointed as third member shall serve for two
years; otherwise and thereafter the term of office of the two
elected members shall be three years. On a vacancy occurring in
the board for any cause or on the expiration of the term of office
1112
BU LLETIN OF TH E BUREAU OF LABOR.
o f any member, a successor of the person whose place has become
vacant or whose term has expired shall be chosen in the same
manner as his predecessor.
(2)
The members of the board of retirement shall serve with
out compensation; but they shall be reimbursed out of the con
tingent fund for any expense or loss of salary or wages which
they may incur through service on the board. A ll claims for re
imbursement on this account shall be subject to the approval of
the governor and council.
C o n tro l
of
(3) The State treasurer shall have charge and control of the
funds.
funds of the system, subject to the approval of the board of re
tirement, and shall invest and reinvest the same, and may from
time to time sell any securities held by him and invest and re
invest the proceeds, and any and all unappropriated income of
said furnjs: P ro vid ed , h o w ever, That all funds received by him,
and not required for current disbursements, shall be invested in
accordance with the provisions of the laws of this Commonwealth
relating to the investment of the funds of savings banks. He
shall in the investment of the funds give preference to the securi
ties of the Commonwealth. He may, whenever he sells such
securities, deliver the securities so sold upon receiving the pro
ceeds thereof, and may execute any and all documents necessary
to transfer the title thereto.
By-laws.
(4) The board of retirement shall have power to make by-laws
and regulations not inconsistent with the provisions of this act, and
to employ such clerical or other assistance as may be necessary
for the fulfillment of its purposes, subject to the approval of the
governor and council.
Co n t r i bu (5) The board shall determine the percentage of wages or
tions*
salary that employees shall contribute to the pension fund, sub
ject to the minimum and maximum percentages, and shall, fur
thermore, have the power to classify employees for the purposes
of the retirement system and to establish different rates of con
tribution for different classes within the prescribed limits.
R e p o rts.
(6) The State treasurer shall, in January of each year, unless
for cause the insurance commissioner shall have granted an ex
tension of time, file in the office of the insurance commissioner a
sworn statement, which shall exhibit the financial condition of the
retirement system on the thirty-first day of the preceding Decem
ber, and its financial transactions for the year ending with said
day. The said statement shall be in a form approved by the
insurance commissioner, and shall show, among other things, the
liability of the retirement system on account of the following
item s:
A.
DEPOSIT RESERVES.
The total of the deposits of the members actually received by
the treasurer or due from the Commonwealth under section five,
(2 ) A , and held subject to withdrawal by such members.
B . INTEREST RESERVE.
Regular interest on such deposits.
0 . A N N U IT Y RESERVE.
The net value of the annuities entered upon under section six,
(2 ) B , on the basis of the mortality tables and interest rates pro
vided for this in this act.
D .
EXPENSE AND CONTINGENT FUND.
(a ) The unexpended portion of the amounts received under
section five, (1 ).
(b ) The contingent fund.
LABOR LAW S-----MASSACHUSETTS— ACTS OF 1911.
E.
1113
GIFTS AND BEQUESTS.
The amounts received as gifts or bequests and held under the
terms of such gifts or bequests.
F .
OTHER LIABILITIES.
All other liabilities.
G .
SURPLUS.
(a ) A n n u ity Surplus. — The undistributed surplus arising from
annuity deposits.
(b) O th er S u rplu s .— A ll unassigned funds.
S ec . 5. The funds of the retirement system shall be raised as Funds raised,
follow s:
how(1 )
EXPENSE AND CONTINGENT FUND.
The general court shall appropriate annually such an amount as
may be necessary to defray the whole expense of administration,
according to estimates prepared by the treasurer.
(2)
A N N U ITY AND PENSION FUND.
A . D ep o sits b y M em b ers .— Each member shall deposit in this
fund from his salary or wages, as often as the same are payable,
not less than one per cent and not more than five per cent of the
amount of his wages or salary, as determined by the board of re
tirement under the provisions of section four (5) : P ro v id ed , how
e v e r , That employees who receive more than thirty dollars weekly
in salary or wages shall not be assessed for contribution to this
fund on the excess above that amount.
B . Con tribu tion s o f th e C om m on w ea lth .— (a) Each month the
Commonwealth shall contribute such amount as the board of re
tirement may determine to be necessary to pay current pensions
for subsequent service, under section six (2) C ( a) .
( b) Each year, in January, the Commonwealth shall contribute
an amount equal to the surplus arisin g from an n u ity deposits.
In case there should be a deficiency arising from such annuity de
posits, instead of a surplus, then the Commonwealth shall make
good the deficiency.
(c) Each month the Commonwealth shall contribute such
amount as the board of retirement may determine to be necessary
to pay current pensions for prior service under section six (2)
O
(b).
Each month the Commonwealth shall contribute such
amount as the board of retirement may determine to be necessary
to ensure the minimum payments provided for in section six, E.
( d)
(3 )
PROVISION FOR PAYM ENTS.
A ll amounts payable by members of the association under para- Collection,
graph (2) A of this section shall be deducted by the Common
wealth from the amounts payable to them as salary or wages, as
often as the same are payable, and shall immediately be credited
to the retirement fund by the State treasurer.
Sec . 6. The State treasurer shall administer the funds of the Funds adminpension system in accordance with the following plan:
istered, how.
(1 )
EXPENSE AND CONTINGENT FUND.
The fund provided for by section five, (1), shall be used, so
far as may be necessary, for the payment of the expenses of ad
ministration. The portions not so used, if any, shall be repaid
into the treasury of the Commonwealth. In case the amount
appropriated for the expense of a contingent fund in any year
1114
BULLETIN OF TH E BUREAU OF LABOR.
should prove insufficient, the Commonwealth shall appropriate
in the following year such additional sum as may be required to
cover the deficit.
(2)
Refunds.
Annuities.
Pensions.
A N N U IT Y AND PENSION FUNDS.
A . R efu n d s. — (a ) Should a member of the association cease to
be an employee of the Commonwealth for any cause other than
death before becoming entitled to a pension, there shall be re
funded to him all the money paid in by him under section five,
(2) A, with regular interest.
(b )
Should a member of the association die before becoming
entitled to a pension, there shall be paid to his legal representa
tives all the money paid in by him under section five, (2) A ,
with such interest as shall have been earned on such deposits.
B . A n n u ities fr o m e m p lo yees* d ep osits .— Any member who
reaches the age of sixty years and has been in the continuous
service of the Commonwealth for fifteen years immediately pre
ceding, and then or thereafter retires or is retired, any member
who retires or is retired at the age of seventy years, and any
member who is retired for the good of the service under the pro
visions of section three, (5), shall receive an annuity to which
the sum of his deposits under section five, (2), with regular in
terest, shall entitle him, according to the tables adopted by the
board of retirement, in one of the following form s:
(a ) A life annuity, payable monthly.
( b ) A life annuity, payable monthly, with the provision that
in the event of the death of the annuitant before receiving pay
ments equal to the sum, at the date o f his retirement, of his
deposits under section five, (2) A , with regular interest, the
difference shall be paid to his legal representatives.
C. P en sion s d erived fr o m contribu tion s b y th e C om m on w ea lth .—
(a ) Pensions based upon subsequent service.
Any member en
titled to an annuity under paragraph (2) B of this section shall
receive in addition thereto a pension for life payable monthly
equivalent to that annuity, to be paid out of the fund contributed
by the Commonwealth under the provisions of section five, (2)
B
(a).
( b)
P en sions based upon prior serv ice .— Any member of the
association who reaches the age of sixty years, having been in
the continuous service of the Commonwealth for fifteen years or
more immediately preceding, and then or thereafter retires or is
retired, shall receive in addition to the annuity and pension pro
vided for by paragraphs (2) B and C (a ) of this section, an
extra pension for life as large as the amount of the annuity to
which he might have acquired a claim if the retirement system
had been in operation at the time when he entered the service
of the Commonwealth, and if accordingly he had paid regular
contributions from that date to the date of the establishment of
the retirement association at the same rate as that first adopted
by the board of retirement, and if such deductions had been
accumulated with regular interest.
Any employee who had already reached* the age of fifty-five
years on the date when the retirement system was established,
and also became a member of the association may be retired under
the provisions of the preceding paragraph without having com
pleted the otherwise required service period of fifteen years. For
the purpose of computing any pension payable for prior service,
the board of retirement may estimate on the basis determined
by them the wages received* at any period for which they may
deem it impracticable to consult the original records.
Any employee not a member of the association who had already
reached the age of fifty-five years on the date when the retire
ment system was established may be retired at any time and shall
be paid a pension equivalent to the minimum payment hereinafter
provided for.
LABOB LAW S---- MASSACHUSETTS-----ACTS OF 1911,
1115
D . A pplica tion o f surplus. — The board of retirement shall have
power to determine the application of any surplus, as defined
under section four (6) G, subject to the approval of the insurance
commissioner.
E . M in im u m and m a xim u m p a ym en ts. — In no case shall the
Payments.
total monthly payment to a member be at a rate less than two
hundred dollars per year, or at a rate more than one half the
amount of the average salary or wages received by the member
during the ten years prior to his retirement.
F . A sso cia tio n m em bersh ip and pen sion certificate. — Member
ship in the association shall be evidenced by a certificate to be
issued to each member by the board of retirement, and the right
to an annuity or a pension shall be evidenced by a policy to be
issued to each member who retires or is retired by the board of
retirement
Sec. 7. The funds of the retirement system, so far as they are Exemptions
of funds.
invested in personal property, shall be exempt from taxation.
That portion of the wages of a member deducted or to be de
ducted under this act, the right of a member to an annuity or
pension, and all his rights in the funds of the retirement system
shall be exempt from taxation, and from the operation of any
law relating to bankruptcy or insolvency, and shall not be at
tached or taken upon execution or other process of any court.
No assignment of any right in or to said funds shall be valid.
Duty of in
Sec. 8. The insurance commissioner shall prescribe for the surance
com
retirement system of the Commonwealth one or more mortality missioner.
tables, and shall determine what rates of interest shall be estab
lished in connection with such tables, and may later modify such
tables or prescribe other tables to represent more accurately the
expense of the retirement system, or may change said rates of
interest and may determine the application of the changes so
made. He shall also prescribe and supervise the methods of
bookkeeping of the retirement association formed under the pro
visions of this act.
The insurance commissioner shall at least once in each year,
either personally or by deputy or assistant, thoroughly inspect
and examine the affairs of the retirement association to ascertain
its financial condition, its ability to fulfill its obligations, whether
all parties in interest have complied with the provisions o f law
applicable to the retirement association, and whether the transac
tions of the board of retirement have been in accordance with
the rights and equities of those in interest. The retirement
system shall be credited, in the account of its financial con
dition, with the amounts due from the Commonwealth, under the
provisions of section five, (2) B (a), its investments having fixed
maturities upon which the interest is not in default at amortized
values, and its other investments at a reasonable valuation.
For the purposes aforesaid, the insurance commissioner or other
persons making examination shall have access to all the securities,
books and papers of the retirement system, and may summon and
administer oaths and examine as witnesses the members of the
board of retirement or any other person relative to the financial
affairs, transactions and condition of the retirement system. The
insurance commissioner shall preserve in a permanent form a full
record of the proceedings at such examination, and the results
thereof. Upon the completion of such examination, verification
and valuation, the insurance commissioner shall make a report
in writing of his findings to the board of retirement, and shall
send a copy thereof to the governor and the executive council of
the Commonwealth.
Sec. 9. If, in the judgment of the insurance commissioner, the Violations to
Commonwealth or the board of retirement has violated or neg be reported.
lected to comply with any of the provisions of this act, or of the
rules and regulations established by the board of retirement here
under, he shall give notice thereof to the governor of the Com
monwealth and to the board of retirement, and thereafter if such
1116
BU LLETIN OF T H E BUBEAU OF LABOR,
violation or neglect continues shall forthwith present the facts
to the attorney general for his action.
S ec . 10. The superior court shall have jurisdiction in equity
Jurisdiction
of court.
upon petition of the insurance commissioner or of any interested
party to compel the observance and restrain the violation of this
act, and of the rules and regulations established by the board
of retirement hereunder.
Approved June 7, 1911.
C h a p t er 539.— Railroads— Qualifications o f
engineers
and con
ductors.
E xp erien ce
S ection 1. No person shall act as a locomotive engineer unless
required.
he shall have been employed two years as a locomotive fireman or
Engineers.
as an engineer’s helper, or, prior to the passage of this act, shall
have been employed as a locomotive engineer.
Sec. 2. No person shall act as a conductor on a railroad train
unless he shall have been employed as a brakeman for two years,
or, prior to the passage of this act, shall have been employed as
a conductor on a railroad train.
Sec. 3. No person shall knowingly engage, promote, require, per
em
for- suade, prevail upon, or cause any person to act in violation of
either of the preceding sections.
Conductors.
What
ployment
hidden.
Construction
S ec . 4. Nothing in this act shall be construed as applying to the
of statute.
operating of locomotive engines by engine hostlers in or around
engine houses. In the event of the disability of an engineer or
conductor on the road, railroad companies may employ persons
without the qualifications prescribed by this act, but only for the
purpose of reaching a terminal station.
Violations.
Scope of law.
Sec. 5. Any violation of the provisions of this act shall be pun
ished by imprisonment for not more than one year, or by a fine
of not more than five hundred dollars, or by both such imprison
ment and fine, and each day’s violation shall constitute a separate
offense.
S ec . 7. This act shall apply to standard gauge railroads only.
Approved June 10, 1911.
C h a p t er 541.— R a tes o f w a g es o f certain em p lo yees on public
w orks.
Minimum
rate-
S ection 1. The wages paid by the metropolitan park commission and by the metropolitan water and sewerage board to
laborers directly employed by them shall be not less than two
dollars and twenty-five cents a day.
In effect June 12, 1911.
C h a p t e r 562.— E xa m in a tion and licensing o f sta tion a ry engineers
and firem en.
[This chapter amends several sections of chapter 102, Revised
Laws.
Law applies,
where.
Section 78 is amended so as to allow boilers of less than nine
horsepower to be operated by unlicensed persons, instead of less
than eight horsepower.
U n lic en se d
Section 80 is amended by defining the person operating an
assistants.
engine or boiler as one in charge thereof or of its appurtenances,
under the direction of a licensed person, and providing that not
more than one unlicensed person can work with a licensed person.
Sections 81 and 84 are amended so as to read as follow s:]
Application
Section 81. Whoever desires to act as engineer or fireman shall
for license.
apply for a license therefor to the State inspector of boilers for the
city or town in which he resides or is employed, upon blanks to be
furnished by the boiler inspection department of the district
police. The application shall be accompanied by a fee of one dol
Q u a l i f i c a - lar, and shall show the total experience of the applicant. To be
tions.
eligible for examination for a first class fireman’s license, a per-
LABOK LAW S---- MASSACHUSETTS-----ACTS OF 1911,
1117
son must have been employed as a steam engineer or fireman in
charge of or operating boilers for not less than one year, or he
must have held and used a second class fireman’s license for not
less than six months. To be eligible for examination for a third
class engineer’s license, a person must have been employed as a
> steam engineer or fireman in charge of or operating boilers for not
less than one and one half years, or he must have held and used
a first class fireman’s license for not less than one year. To be
eligible for examination for a second class engineer’s license, a
person must have been employed as a steam engineer in charge of
a steam plant or plants having at least one engine of over fifty
horse power for not less than two years, or he must have held
and used a third class engineer’s license for not less than one
year, or have held and used a special license to operate a first
class plant for not less than two years; except that any person
who has served three years as apprentice to the machinist or
boiler making trade in stationary, marine or locomotive engine
or boiler works, and who has been employed for one year in con
nection with the operation of a steam plant, or any person gradu
ated as a mechanical engineer from a duly recognized school of
technology, who has been employed for one year in connection with
the operation of a steam plant, shall be eligible for examination
for a second class engineer’s license. To be eligible for examina
tion for a first class engineer’s license, a person must have been
employed for not less than three years as a steam engineer in
charge of a steam plant or plants having at least one engine of
over one hundred and fifty horse power, or he must have held and
used a second class engineer’s license in a second class or first
class plant for not less than one and one half years. The appli
cant shall make oath to the statements contained in his applica
tion, and the members of the boiler inspection department of the
district police are hereby authorized to administer the oath. W ill
ful falsification in the matter of a statement contained in an ap
plication shall be deemed a sufficient cause for the revocation of
the license at any time. The applicant shall be given a practical
examination, and, if found competent and trustworthy, he shall
receive a license graded according to the merits of his examina- E x a m i n a
tion. An applicant for a first class or second class engineer’s tlons»
license, or for a special license to operate a first class plant, or for
a special license to have charge of a second class plant, shall be
examined by a board of three examiners, one of whom may be the
chief inspector, and, if the applicant is employed, one member of
said board shall be the State inspector of boilers for the city or
town in which the applicant is employed, and the decision of said
board shall be final. The applicant shall have the privilege of
having one person present during his examination, who shall take
no part in the same, but who may take notes if he so desires. A
period of ninety days shall elapse between examinations, except
in the case of an appeal as hereinafter provided. A license shall
continue in force until it is suspended or revoked for the incom
petence or untrustworthiness of the licensee, except that a special
license shall not continue in force after the holder thereof ceases
to be employed in the plant specified in the license. A person
whose license is suspended or revoked shall surrender his license
to a member of the boiler inspection department. I f a new license
of a different grade is issued, the old license shall be destroyed
by the examiner. I f a license is lost, or is destroyed by fire or
other means, a new license shall be issued in its place, without
reexamination of the licensee, upon satisfactory proof of such
loss or destruction to an examiner.
Sec. 82. Licenses Shall be granted according to the competence Classes of liof the applicant and shall be distributed in the follow ingcensesclasses:— Engineers’ licenses:— First class, to have charge of and
operate any steam plant. Second class, to have charge of and
operate a boiler or boilers, and to have charge of and operate en
gines, no one of which shall exceed one hundred and fifty horse
power, or to operate a first class plant under the engineer in
1118
BULLETIN OP T H E BUREAU OP LABOR.
direct charge of the plant. Third class, to have charge of and
operate a boiler or boilers not exceeding in the aggregate one hun
dred and fifty horse power, and an engine not exceeding fifty
horse power, or to operate a second class plant under the engineer
in direct charge of the plant. Fourth class, to have charge of and
operate hoisting and portable engines and boilers. Portable cla ss,,
to have charge of or to operate portable boilers and portable en
gines, except hoisting engines or steam fire engines. Steam fire
engineers’ class, to have charge of or to operate steam fire engines
and boilers.
Firemen’s licenses:— Extra first class, to have
charge of and operate any boiler or boilers. First class, to have
charge of and operate any boiler or boilers where the safety valve
or valves are set to blow at a pressure not exceeding twenty-five
pounds to the square inch, or to operate high pressure boilers un
der the engineer or fireman in direct charge thereof. Second class,
to operate any boiler or boilers under the engineer or fireman in
direct charge thereof. A person holding an extra first class or
first class fireman’s license may operate a third class plant under
the engineer in direct charge of the plant. Special licenses:— A
person holding an engineer’s or fireman’s license, who desires to
have charge of or to operate a particular steam plant, may, provided that he holds an engineer’s or fireman’s license and that he
files with his application for such examination a written request
signed by the owner or user of said plant, be examined as to his
competence for such service and no other, and, if found competent
and trustworthy, he shall be granted a license for such service
and no other: P ro vid ed , h o w e ve r , That no special license shall be
granted to give any person charge of an engine of over one hun
dred and fifty horse power.
Rating boil
Sec. 83. The horse power of a boiler shall be ascertained upon a
ers.
basis of three horse power for each square foot of grate surface
or equivalent, when the safety valve is set to blow at a pressure
exceeding twenty-five pounds per square inch, and on a basis of
one and one half horse power for each square foot of grate sur
face or equivalent, when the safety valve is set to blow at twentyfive pounds pressure per square inch or less.
The horse power of a reciprocating steam engine shall be ascer
tained upon the basis of a mean effective pressure of forty pounds
per square inch of piston for a simple engine, fifty pounds for a
condensing engine, and seventy pounds for a compound engine,
calculated upon the area of the high pressure piston.
A steam turbine engine shall be rated at less than nine horse
power when the external diameter of the steam supply pipe does
not exceed one and three fourths inches. A steam turbine engine
shall be rated at fifty horse power when the external diameter of
the steam supply pipe exceeds one and three fourths inches and
does not exceed three and one half inches. A steam turbine en
gine shall be rated at one hundred and fifty horse power when the
external diameter of the steam supply pipe exceeds three and one
half inches and does not exceed five inches.
Sec. 84. A person who is aggrieved by the action of an examiner
Appeals.
in refusing, suspending or revoking a license, may appeal there
from to the chief inspector o f the boiler inspection department,
who shall appoint three members of the boiler inspection depart
ment to act together as a board of appeal, one of whom may be
said chief inspector. I f an appeal is taken, it must be within one
week after the decision of the examiner. The appellant shall have
the privilege of having one person present during the hearing of
his appeal, who shall take no part in the same but who may take
notes if he so desires. The decision of the majority of the said
examiners, acting as a board of appeal, shall be final.
[Section 85 is amended by substituting nine for eight, in har
mony with the like change in section 78.
The concluding section of the act is as follow s:]
Sec. 8. This act shall take effect on the first day of January in
Law in effect,
when.
the year nineteen hundred and twelve, and a license in force on
the first day of January in the year nineteen hundred and twelve
LABOR LAW S-----MASSACHUSETTS— ACTS OF 1911,
1119
shall continue in force until it is suspended or revoked for the
incompetence or untrustworthiness of the licensee, except that a
special license shall not continue in force after the holder thereof
ceases to be employed on the plant specified in the license. A
license in force on the first day of January in the year nineteen
hundred and twelve may be exchanged .for a license of the same
class under this act at any time thereafter, on application to the
boiler inspection department of the district police, upon forms to
be furnished by said department. The applicant shall make oath
to the statement contained in the said application, and the mem*
bers of the boiler inspection department of the district police are
hereby authorized to administer the oath.
In effect June 17, 1911.
C h a p t e r 584.— F in es o f w ea v ers fo r im p erfect w ork.
S ection 1. No employer shall impose a fine upon an employee Fi nes forengaged at weaving for imperfections that may arise during thebidden*
process of weaving.
S ec. 2. Any employer who violates the provisions of this act Violations.
Shall be punished by a fine not exceeding one hundred dollars for
the first offense, and not exceeding three hundred dollars for any
subsequent offense.
Approved June 22, 1911.
Chapter
603.— F a c to ry regulations — L ightin g— Occupational dis
eases.
S ection 1. The State inspectors of health, or such other officers in vest! gaas the State board of health may from time to time appoint,tionShall, when obtaining information concerning the proper lighting
of factories, workshops and other industrial establishments, make
Such investigation concerning the eye and vision in their relation
to diseases of occupation, including injuries to the eyes of the injuries to
employees, and to the pathological effects which are produced o reyespromoted by the circumstances under which the various occupa
tions are carried on, as, in the opinion of said board is practicable,
and the board shall from time to time issue such printed matter
containing suggestions to employers and employees for the pro
tection of the eyes of the employees as it may deem advisable.
S ec . 2. If it appears to an inspector of health, or other officer Changes may
appointed by said board, that in any factory, workshop or otherbe required,
industrial establishment, from the nature of the work or of the
machinery used in connection therewith, or of other circum
stances, there is danger of injury to the eyes of employees en
gaged in such work, and that the danger of injury may be de
creased or prevented by any mechanical device or other practicable
means, he shall, if said board so directs, order in writing that
such device or other means shall be provided therein; and it
shall be the duty of the proprietors and managers of the factory,
workshop or other industrial establishment to comply with the
order.
S ec . 3. Any person, firm or corporation violating any provisions violations,
o f this act shall be subject to a fine of not less than five nor more
than two hundred dollars for every week during which such viola
tion continues: P ro vid ed , h ow ever, That a criminal prosecution
for any violatoin hereof shall not be begun unless such person,
firm or corporation shall, for a period of four weeks after the
receipt of an order in writing from a State inspector of health or
other officer, as provided in the preceding section, neglect to
comply therewith.
Approved June 30, 1911.
C h a p t e r 607.— Com m ission on h om es fo r w orkin gm en.
S ection 1. A commission is hereby established, to be known
Commission
as the Homestead Commission, and to consist of the follow ingcreated*
1120
B ill fo r
BULLETIN OF T H E BUREAU OF LABOR.
persons: the director of the bureau of statistics, the bank com
missioner, the president of the Massachusetts agricultural college,
one member of the State board of health, to be selected by the
board, and three other persons to be appointed by the governor,
with the advice and consent of the council. The three members
of the commission last named shall be appointed in the first place
for terms of one, two and three years, respectively, and thereafter
their successors shall be appointed for terms of three years. Of
the persons so appointed by the governor, one shall be a woman,
and one at least shall represent the laboring class. The commis
sion shall report to the next general court, not later than the
la w . tenth day of January, nineteen hundred and twelve, a bill or bills
embodying a plan and the method of carrying it out whereby, with
the assistance of the Commonwealth, homesteads or small houses
and plots of ground may be acquired by mechanics, factory em
ployees, laborers and others in the suburbs of cities and towns.
The members of the commission shall serve without compensa
tion, but shall be allowed such sums for their expenses as may
be approved by the governor and council.
Approved June 80, 1911.
C hapter
620.— In sp ectors o f stea m boilers — A pp oin tm en t .
S e c t i o n 1. The governor is hereby authorized and directed to
appoint five additional members of the boiler inspection department of the district police, who shall be not above forty-five years
of age; and this age limit shall apply hereafter to all appoint
ments to the said department. The said five additional members
shall be detailed for the inspection of boilers and the examination
of engineers and firemen, and shall receive the same compensa
tion now received by the present inspectors of boilers. The civil
E x am in a-service commissioners shall hold an examination for the said aptions.
pointments, and no person shall hereafter be eligible to take
the civil service examination for appointment as an inspector of
boilers, unless he holds a first class engineer’s license granted
by the boiler inspection department of this commonwealth.
Approved June 80, 1911.
A dditional
in sp e ctors.
A ge limit,
C hapter
629.— E m p lo y m e n t o f children— N ight m essen g er service.
S e c t i o n . 1. Except for the delivery of messages, directly connected with the business of conducting or publishing a newspaper,
to a newspaper office or directly between newspaper offices, no
person under the age of twenty-one years shall be employed or
permitted to work as a messenger for a telegraph, telephone or
messenger company in the distribution, transmission or delivery
of goods or messages before five o’clock in the morning or after
ten o’clock in the evening of any day.
V io la tio n s .
Sec. 2. Whoever, in violation of the provisions of section one
of this act, employs a person under the age of twenty-one years or
whoever procures or, having under his control any such person,
permits him to be so employed shall for each offense be punished
by a fine of not less than fifty nor more than three hundred dol
lars or by imprisonment for not more than six months, or by
both such fine and imprisonment.
E n fo rce m e n t.
S e c . 3. The district police shall enforce the provisions of this
act.
In effect July 3, 1911.
N ig h t
w o rk
re s tricte d .
C h apter
634.— R etirem en t sy ste m f o r em p lo yees o f counties .
[This chapter makes provision for employees of counties simi
lar to those made for employees of cities and towns by chapter
619, Acts of 1910, as amended by chapter 338, Acts of 1911.]
LABOR LAW S— MASSACHUSETTS— ACTS OP 1911,
1121
C h a p t er 635. L ia b ility o f employer's f o r in ju ries to em p loyees.
S ection 1. In any civil action brought under the provisions of Damages for
section sixty-three of Part I of chapter four hundred and sixty- conscious sufthree of the acts of the year nineteen hundred and six, a s terlng*
amended by section one of chapter three hundred and ninety-two
of the acts of the year nineteen hundred and seven, damages may
be recovered under a separate count at common law for conscious
suffering resulting from the same injury, but any sum so recovered
shall be held and disposed of by the executors or administrators
of the estate of the deceased.
Approved July 7, 1911.
C h a p t e r 656.— E xa m in a tion and licensing o f opera tors o f hoisting
m ach in ery.
S ection 1. No person shall operate derricks, cableways, ma- License r e chinery used for discharging cargoes, temporary elevator cars quired.
used on excavation work or used for hoisting building material,
when the motive power to operate such machinery is mechanical
and other than steam, unless he holds a license as hereinafter
provided. The owner or user of hoisting machinery specified in
this section shall not operate, or cause to be operated, such ma
chinery for a period of more than one week, unless the person
operating it is duly licensed.
S ec . 2. The owner of hoisting machinery specified in this act D u t y o f
shall not operate or cause to be operated according to the pro-ownersvisions of this act such hoisting machinery for a period of more
than one week, unless the person in charge of and operating such
hoisting machinery is duly licensed.
S ec . 3. Whoever desires to act as operator of hoisting ma- Applicants,
chinery, as specified in section one of this act, shall apply for a
license therefor to the State inspector of boilers for the city or
town in which he resides or is employed, upon blanks to be fur
nished by the boiler inspection department of the district police.
The application shall be accompanied by a fee of one dollar, and
shall show the total experience of the applicant in operating hoist
ing machinery. The applicant shall make oath to the statements
contained in his application, and the members of the boiler
inspection department of the district police are hereby authorized
to administer said oath. W illful falsification in the matter of
statements contained in an application shall be deemed sufficient
cause for the revocation of said license at any time. The applicant e x a m i n a shall be given a practical examination by a member of the boiler tions.
inspection department of the district police, and, if found com
petent and trustworthy, he shall receive a license to operate hoist
ing machinery, as specified in section one of this act. The appli
cant shall have the privilege of having one person present during
his examination, who shall take no part in the same, but who
may take notes if he so desires. A period of ninety days shall
elapse between examinations, except in the case of an appeal as
hereinafter provided. A license shall continue in force until it
is suspended or revoked for the incompetence or untrustworthiness
of the licensee. I f a license is lost, or is destroyed by fire or
other means, a new license shall be issued in its place, without
reexamination of the licensee, upon satisfactory proof to an
examiner of such loss or destruction.
S ec . 4. A person who is aggrieved by the action of an examiner
Appeals,
in refusing, suspending or revoking a license, may appeal there
from to the chief inspector of the boiler inspection department of
the district police, who shall appoint three members of the boiler
inspection department to act together as a board of appeal, one
of whom may be said chief inspector. I f appeal is taken, it must
be within one week after the decision of the examiner. The ap
pellant shall have the privilege of having one person present
during the hearing of his appeal, who shall take no part in the
1122
BULLETIN OF TH E BUBEAU OF LABOB.
same, but who may take notes if he so desires. The decision of
the majority of such examiners, acting as a board of appeal, shall
be final.
H o l d e r to
carry license.
Sec. 5. An operator’s license, granted under the provisions of
this act, shall be carried on the person of the holder thereof when
operating hoisting machinery as specified in section one of this act.
Enforcement.
Sec. 6. The boiler inspection department of the district police
shall act as examiners and enforce the provisions of this act;
and whoever violates any of the provisions of this act shall be
punished by a fine of not less than ten nor more than three hun
dred dollars, or by imprisonment for not more than three months.
A trial justice shall have jurisdiction of complaints for violations
of the provisions of this act, and in such cases may impose a fine
of not more than fifty dollars. A ll members of the boiler inspec
tion department of the district police shall have authority, in the
pursuance of their duty, to enter any premises having thereon
hoisting machinery, as specified in section one of this act; and any
person who hinders or prevents, or attempts to prevent, any State
boiler inspector from so entering, shall be liable to the penalty
specified in this section.
Approved July 11, 1911.
C hapter
727.— A ssig n m en ts o f tvagcs — R elea ses.
Release to be
Section 14. If a loan to which the provisions of this act [regu
made, when.
lating the business of making small loans] apply is secured by a
mortgage or pledge of personal property, or by an assignment of
wages, the mortgage shall be discharged, the pledge restored or
the assignment released, upon payment or tender of the amount
legally due under the provisions of this act; and such payment or
tender may be made by the debtor, by any person duly authorized
by him, or by any person having an interest in the property mort
gaged or pledged, or in the wages assigned. Whoever refuses or
neglects upon request to discharge a mortgage, release an assign
ment or restore a pledge to the party entitled to receive the same,
after payment of the debt secured thereby or the tender of the
amount due thereon as aforesaid, shall be liable in an action of
tort to the borrower for all damages thereby sustained by him.
S t at ement s
Sec. 15. A mortgage or pledge of personal property or an assign
required.
ment of or order for, wages or salary to which the provisions of
this act apply, shall not be valid unless it states with substantial
accuracy the actual amount of the loan, the time for which the
loan is made, the rate of interest to be paid, and the expense of
making and securing the loan, if any. * * *
Assignments
Sec. 22. No assignment of or order for wages or salary to be
to be accepted.
earned in the future to secure a loan of less than three hundred
dollars shall be valid against an employer of the person making
such assignment or order until the assignment or order is ac
cepted in writing by the employer, nor until the assignment or
order and the acceptance of the same have been filed and recorded
with the clerk of the city or town where the person making the
assignment or order resides, if he is a resident of the Common
wealth, or in which he is employed if he is not a resident of the
Recording.
Commonwealth. No such assignment or order shall be recorded
by the clerk of a city or town unless it states on its face that the
sum of ten dollars per week, as earned, of the wages or salary so
assigned is exempt from such assignment or order. No such as
signment or order shall be valid when made by a married man un
Wife’s con less the written consent of his wife to the making thereof is
sent.
attached thereto. No such assignment or order shall be valid for
a period exceeding one year from the making thereof.
Approved July 19, 1911.
LABOR LAW S— MASSACHUSETTS— ACTS OF
Chapteb 751.—
1911,
1123
Com pensation fo r in ju red em p loyees— S ta te insur
ance association .
Part I.
MODIFICATION OF REMEDIES.
S ection 1 . In an action to recover damages for personal injury
Suits f o r
sustained by an employee in tlie coursi of bis employment, or for d a m a ges,
death resulting from personal injury sb sustained, it shall not be r0gated!SeS ^
a defense:
1. That the employee was negligent;
2. That the injury was caused by the negligence of a fellow’
employee;
3. That the employee had assumed the risk of the injury.
Sec. 2. The provisions of section one shall not apply to actions F a rm laborto recover damages for personal injuries sustained by domestic ers, e tc.
servants and farm laborers.
S ec . 3. The provisions of section one shall not apply to actions
Employees of
to recover damages for personal injuries sustained by employees subscribers to
of a subscriber.
association.
Sec. 4. The provisions of sections one hundred and twenty-seven
to one hundred and thirty-five, inclusive, and of one hundred and
forty-one to one hundred and forty-three, inclusive, of chapter
five hundred and fourteen of the acts of the year nineteen hundred
and nine, and of any acts in amendment thereof, shall not apply
to employees of a subscriber while this act is in effect.
Sec. 5. An employee of a subscriber shall be held to have waived
Sam e,
Presumption
his right of action at common law to recover damages for personalof waiver,
injuries if he shall not have given his employer, at the time of his
contract of hire, notice in writing that he claimed such right, or
if the contract of hire was made before the employer became a
subscriber, if the employee shall not have given the said notice
within thirty days of notice of such subscription. An employee
who has given notice to his employer that he claimed his right
of action at common law may waive such claim by a notice in
writing which shall take effect five days after it is delivered to
/h e em ployer or his agent.
Part II.
PAYMENTS.
S ection 1. If an employee who has not given notice of his claim
C om pensaof common law rights of action, as provided in Part 1, section five, ti®n payable,
or who has given such notice and has waived the same, receives w en*
a personal injury arising out of and in the course of his employ
ment, he shall be paid compensation by the association, as herein
after provided, if his employer is a subscriber at the time of the
injury.
Sec. 2. I f the employee is injured by reason of his serious and M is co n d u c t,
willful misconduct, he shall not receive compensation.
S ec . 3. I f the employee is injured by reason of the serious and Double comwi Ilfill misconduct of a subscriber or of any person regularly en- Pensation*
trusted with and exercising the powers of superintendence, the
amounts of compensation hereinafter provided shall be doubled.
In such case the subscriber shall repay to the association the extra
compensation paid to the employee.
S ec . 4. No compensation shall be paid under this act for any
Waiting
injury which does not incapacitate the employee for a period of a t time*
least two weeks from earning full wages, but if incapacity extends
beyond the period of two weeks, compensation shall begin on the
fifteenth day after the injury.
Sec. 5. During the first two weeks after the injury, the associa- M e d ica l, etc.,
tion shall furnish reasonable medical and hospital services, a n d aid*
medicines when they are needed.
1124
BULLETIN OF T H E BUREAU OF LABOR.
S ec . 6 . I f death results from the injury, the association shall
pay the dependents of the employee, wholly dependent upon
his earnings for support at the time of the injury, a weekly
payment equal to one-half his average weekly wages, but not more
than ten dollars nor less than four dollars a week, for a period of
three hundred weeks from the date of the injury. I f the employee
leaves dependents only partly dependent upon his earnings for
support at the time of his injury, the association shall pay such
dependents a weekly compensation equal to the same proportion
of the weekly payments for the benefit of persons wholly depend
ent as the amount contributed by the employee to such partial
dependents bears to the annual earnings of the deceased at the
time of his injury. When weekly payments have been made to an
injured employee before his death, the compensation to dependents
shall begin from the date of the last of such payments, but shall
not continue more than three hundred weeks from the date of
the injury.
Dependents.
gEC. 7 . The following persons shall be conclusively presumed to
be wholly dependent for support upon a deceased employee:
(a ) A wife upon a husband with whom she lives at the time of
his death.
(b) A husband upon a wife with whom he lives at the time of
her death.
(c) A child or children under the age of eighteen years (or over
said age, but physically or mentally incapacitated from earning)
upon the parent with whom he is or they are living at the time of
the death of such parent, there being no surviving dependent par
ent* In case there is more than one child thus dependent, the
death benefit shall be divided equally among them.
In all other cases questions of dependency, in whole or in part,
shall be determined in accordance with the fact, as the fact may
be at the time of the injury; and in such other cases, if there is
more than one person wholly dependent, the death benefit shall be
divided equally among them, and persons partly dependent, if any,
shall receive no part thereof; if there is no one wholly dependent
and more than one person partly dependent, the death benefit shall
be divided among them according to the relative extent of their
dependency.
No depend- S ec . 8 . If the employee leaves no dependents, the association
ents*
shall pay the reasonable expense of his last sickness and burial,
which shall not exceed two hundred dollars.
Incapacity.
S ec . 9. W hile the incapacity for work resulting from the injury
is total, the association shall pay the injured employee a weekly
compensation equal to one-half his average weekly wages, but not
more than ten dollars nor less than four dollars a week; and in no
case shall the period covered by such compensation be greater
than five hundred weeks, nor the amount more than three thou
sand dollars.
Partial incagEc. 1 0 . W hile the incapacity for work resulting from the injury
pacity.
jS partial, the association shall pay the injured employee a weekly
compensation equal to one-half the difference between his average
weekly wages before the injury and the average weekly wages
which he is able to earn thereafter, but not more than ten dol
lars a week; and in no case shall the period covered by such
compensation be greater than three hundred weeks from the date
of the injury.
Specific in- gEC. n . in case of the following specified injuries the amounts
juries.
hereinafter named shall be paid in addition to all other compen
sation :
( a)
For the loss by severance of both hands at or above the
wrist, or both feet at or above the ankle, or the loss of one hand
and one foot, or the entire and irrecoverable loss of the sight of
both eyes, one-half of the average weekly wages of the injured
person, but not more than ten dollars nor less than four dollars a
week, for a period of one hundred weeks.
(I?) For the loss by severance of either hand at or above the
wrist, or either foot at or above the ankle, or the entire and irreDeath
bene-
fits*
LABOR LAW S— MASSACHUSETTS— ACTS OF 1911.
112&
coverable loss of the sight of either eye, one-half the average
weekly wages of the injured person, but not more than ten dollars
nor less than four dollars a week, for a period of fifty weeks.
(c) For the loss by severance at or above the second joint of
two or more fingers, including thumbs, or toes, one-half the aver
age weekly wages of the injured person, but not more than ten
dollars nor less than four dollars a week, for a period of twentyfive weeks.
( d) For the loss by severance of at least one phalange of a
finger, thumb, or toe, one-half the average weekly wages of the
injured person, but not more than ten dollars nor less than four
dollars a week, for a period of twelve weeka
Sec. 12. No savings or insurance of the injured employee, inde I n s u r a n c e ’
pendent of this act, shall be taken into consideration in determin not considered..
ing the compensation to be paid hereunder, nor shall benefits de
rived from any other source than the association be considered in
fixing the compensation under this act.
Sec. 13. The compensation payable ujnder this act in case of the Payee.
death of the injured employee shall be! paid to his legal represen
tative ; or, if he has no legal representative, to his dependents; or,
if he leaves no dependents, to the persojns to whom payment of the
expenses for the last sickness and burial are due. I f the payment
is made to the legal representative of the deceased employee, it
shall be paid by him to the dependents or other persons entitled
thereto under this act.
Sec. 14. I f an injured employee is mentally incompetent or is Incompetent
a minor at the time when any right or privilege accrues to him persons.
under this act, his guardian or next friend may in his behalf
claim and exercise such right or privilege.
Sec. 15. No proceedings for compensation for an injury under Notice.
this act shall be maintained unless a notice of the injury shall
have been given to the association or subscriber as soon as prac
ticable after the happening thereof, and unless the claim for com
pensation with respect to such injury shall have been made within
six months after the ocurrence of the sam e; or, in case of the
death of the employee, or in the eVeiit of his physical or mental
incapacity, within six months after diath or the removal of such
physical or mental incapacity.
Sec. 16. The said notice shall be in writing, and shall state in Contents.
ordinary language the time, place and cause of the injury; and
shall be signed by the person injured, br by a person in his behalf,
or, in the event of his death, by his legal representative or by a
person in his behalf.
Sec. 17. The notice shall be served upon the association, or an Service.
officer or agent thereof, or upon the subscriber, or upon one sub
scriber, if there are more subscribers than one, or upon any of
ficer or agent of a corporation if the subscriber is a corporation,
by delivering the same to the person on whom it is to be served,
or leaving it at his residence or place of business, or by sending
it by registered mail addressed to the person or corporation on
whom it is to be served, at his last known residence or place of
business.
Sec. 18. A notice given under the1 provisions of this act shall Sufficiency.
not be held invalid or insufficient byj reason of any inaccuracy in
stating the time, place or cause of tne injury, unless it is shown
that it was the intention to mislead and the association was in
fact misled thereby. Want of notice shall not be a bar to pro
ceedings under this act, if it be shown that the association, sub
scriber, or agent had knowledge of the injury.
Medical ex
Sec. 19. After an employee has given notice of an injury, as amination.
provided by this act, and from time to time thereafter during the
continuance of his disability he shall, if so requested by the asso
ciation, submit himself to an examination by a physician or sur
geon authorized to practise medicine under the laws of the Com
monwealth, furnished and paid for by the association. The em
ployee shall have the right to have a physician provided and paid
for by himself present at the examination. I f he refuses to sub25202°— Bull. 97— 12------17
1126
BULLETIN OP TH E BUREAU OF LABOR.
mit himself for the examination, or in any way obstructs the
same, his right to compensation shall be suspended, and his com
pensation during the period of suspension may be forfeited.
Sec. 20. No agreement by an employee to waive his rights to
compensation under this act shall be valid.
Payments ex
Sec. 21. No payment under this act shall be assignable or sub
Waivers.
empt.
ject to attachment, or be liable in any way for any debts.
Lump s u m
Sec. 22. Whenever any weekly payment has been continued for
payments.
not less than six months, the liability therefor may in unusual
cases be redeemed by the payment of a lump sum by agreement of
the parties, subject to the approval of the industrial accident
board.
P art III.
procedure.
Industrial
accident board.
S e c t i o n 1. There shall be an industrial accident board consist
ing of three members, to be appointed by the governor, by and
with the advice and consent of the council, one of whom shall be
designated by the governor as chairman. The term of office of
members of this board shall be six years, except that when first
constituted one member shall be appointed for two years, one for
four years, and one for six years. Thereafter one member shall
be appointed every second year for the full term o f six years.
Salaries, etc.
Sec. 2. The salaries and expenses of the board shall be paid by
the Commonwealth. The salary o f the chairman shall be sixtyfive hundred dollars a year, and the salary o f the other members
shall be six thousand dollars a year each. The board may ap
point a secretary at a salary o f not more than three thousand
dollars a year, and may remove him. It shall also be allowed an
annual sum, not exceeding ten thousand dollars, for clerical serv
ice, and traveling and other necessary expenses. The board
shall be provided with an office in the statehouse or in some
other suitable building in the city of Boston, in which its records
shall be kept.
Sec. 3. The board may make rules not inconsistent with this
Rules.
act for carrying out the provisions of the act. Process and pro
cedure under this act shall be as summary as reasonably may be.
Powers.
The board or any member thereof shall have the power to sub
poena witnesses and to examine such parts of the books and
records of the parties to a proceeding as relate to questions in
dispute.
Agreements.
Sec. 4. I f the association and the injured employee reach an
agreement in regard to compensation under this act, a memo
randum of the agreement shall be filed with the industrial acci
dent board and, if approved by it, thereupon the memorandum
shall for all purposes be enforcible as a decree o f the superior
court. Such agreements shall be approved by said board only
when the terms conform to the provisions o f this act.
Sec. 5. I f the association and the injured employee fail to
Arbitration.
reach an agreement in regard to compensation under this act,
either party may notify the industrial accident board who shall
thereupon call for the formation of a committee o f arbitration.
The committee o f arbitration shall consist of three members, one
of whom shall be a member of the industrial accident board, and
shall act as chairman. The other two members shall be named,
respectively, by the two parties.
Arbitrators.
Sec. 6. It shall be the duty of the industrial accident board,
upon notification that the parties have failed to reach an agree
ment, to request both parties to appoint their respective represen
tatives on the committee o f arbitration. The board shall desig
nate one of its members to act as chairman, and, if either party
does not appoint its member on this committee within seven days
after notification, as above provided, the board or any member
thereof shall fill the vacancy and notify the parties to that effect.
Investiga
Sec. 7. The committee o f arbitration shall make such inquiries
tion.
and investigations as it shall deem necessary, The hearings of
LABOR LAW S---- MASSACHUSETTS---- ACTS OF 1911.
1127
the committee shall be held at the place where the injury occurred,
and the decision of the committee shall be filed with the industrial
accident board. Unless a claim for a review is filed by either
party within seven days, the decision shall he enforcible as if it
were a decree of the superior court.
Physician.
S ec . 8. The industrial accident board or any member thereof
may appoint a duly qualified impartial physician to examine the
injured employee and to report. The fee for this service shall be
five dollars and traveling expenses, but the board may allow addi
tional reasonable amounts in extraordinary cases.
Fees.
Sec. 9. The arbitrators named by or for the parties to the dis
pute shall each receive five dollars as a fee for his services, but
the industrial accident board or any member thereof may allow
additional reasonable amounts in extraprdinary cases. The fees
shall be paid by the association, which shall deduct an amount
equal to one third of the sum from any compensation found due
the employee.
S ec . 10. I f a claim for a review is filed, as provided in Part
Review.
III, section seven, the board shall hear the parties and file its
decision with the records of the proceedings.
Appeal.
S ec . 11. There shall be a right of appeal to the supreme judicial
court on questions of law, and the industrial accident board may
report questions of law to the supreme judicial court for its
determination.
I
S ec . 12. Any weekly payment under |this act may be reviewed
R e v i e w of
by the industrial accident board at the! request of the association award.
or of the employee; and on such review it may be ended, dimin
ished or increased, subject to the maximum and minimum amounts
above provided, if the board finds that the condition of the em
ployee warrants such action.
Sec. 13. Fees of attorneys and physicians for services under Fees to be
this act shall be subject to the approval of the industrial accident approved.
board.
!
S ec . 14. I f the committee of arbitration, industrial accident
Costs.
board, or any court before whom any proceedings are brought un
der this act determines that such proceedings have been brought,
prosecuted, or defended without reasonable ground, it shall assess
the whole cost of the proceedings ubon the party who has so
brought, prosecuted or defended them.]
Injuries
S ec . 15. Where the injury for whicjh compensation is payable
by third
under this act was caused under circumstances creating a legal caused
parties.
liability in some person other than the subscriber to pay damages
in respect thereof, the employee may At his option proceed either
at law against that person to recover damages, or against the
association for compensation under this act, but not against both;
and if compensation be paid under this act, the association may
enforce in the name of the employee, (or in its own name and for
its own benefit, the liability of such otjher person.
S ec . 16. A ll questions arising under this act, if not settled by
S e t t l e me n t
agreement by the parties interested therein, shall, except as other of disputes.
wise herein provided, be determined! by the industrial accident
board. The decisions of the industrial accident board shall for all
purposes be enforcible as if they were decrees of the superior
court.
Independent
S ec . IT, I f a subscriber enters into a contract, written or oral,
contractors.
with an independent contractor to do such subscriber’s work, or if
such a contractor enters into a contract with a subcontractor to do
all or any part of the work comprised in such contract with the
subscriber, and the association would* if such work were executed
by employees immediately employed by the subscriber, be liable to
pay compensation under this act to those employees, the associa
tion shall pay to such employees any compensation which would
be payable to them under this act il the independent or subcon
tractors were subscribers. The association, however, shall be en
titled to recover indemnity from any other person who would have
been liable to such employees independently of this section, and if
the association has paid compensation under the terms of this
1128
BULLETIN OF TH E BUREAU OF LABOR.
section, it may enforce in the name of the employee, or in its own
name and for the benefit of the association, the liability of such
other person. This section shall not apply to any contract of an
independent or subcontractor which is merely ancillary and inci
dental to, and is no part of or process in, the trade or business car
ried on by the subscriber, nor to any case where the injury
occurred elsewhere than on, in, or about the premises on which the
contractor has undertaken to execute the work for the subscriber
or which are under the control or management of the subscriber.
Accidents to
S ec . 18. Every employer shall hereafter keep a record of all inDe reported.
juries, fatal or otherwise, received by his employees in the course
of their employment. Within forty-eight hours, not counting Sun
days and legal holidays, after the occurrence of an accident result
ing in personal injury a report thereof shall be made in writing to
the industrial accident board on blanks to be procured from the
board for the purpose.
Upon the termination of the disability of the injured employee
or, if such disability extends beyond a period of sixty days, at the
expiration of such period the employer shall make a supplemental
report on blanks to be procured from the board for that purpose.
The said reports shall contain the name and nature of the busi
ness of the employer, the location of the establishment, the name,
age, sex and occupation of the injured employee, and shall state
the date and hour of the accident, the nature and cause of the in
jury, and such other information as may be required by the board.
Any employer who refuses or neglects to make the report re
quired by this section shall be punished by a fine of not more than
fifty dollars for each offense.
P a r t IV.
THE MASSACHUSETTS EMPLOYEES INSURANCE ASSOCIATION.
A ssociation
created.
S ec tio n . 1. The Massachusetts Employees Insurance Associa
tion is hereby created a body corporate with the powers provided
in this act and with all the general corporate powers incident
thereto.
Board of di
rectors.
Sec. 2. The governor shall appoint a board o f directors o f the
association, consisting o f fifteen members, who shall serve for a
term o f one year, or until their successors are elected by ballot by
the subscribers at such time and for such term as the by-laws shall
provide.
Powers
board.
S ec . 3. Until the first meeting of the subscribers the board of
directors shall have and exercise all the powers of the subscribers,
and may adopt by-laws not inconsistent with the provisions of this
act, which shall be in effect until amended or repealed by the
subscribers.
Officers.
Quorum.
of
Sec. 4. The board o f directors shall annually choose by ballot a
president, who shall be a member o f the board, a secretary, a
treasurer, and such other officers as the by-laws shall provide.
Sec. 5. Seven or more o f the directors shall constitute a quorum
for the transaction o f business.
Vacancies in any office piay be filled in such manner as the by
laws shall provide.
Membership.
S ec . 6. Any employer in the Commonwealth may become a sub
scriber.
First
meet
S ec . 7. The board of directors shall, within thirty days of the
ing.
subscription of twenty-five employers, call the first meeting of the
subscribers by a notice in writing mailed to each subscriber at his
place of business not less than ten days before the date fixed for
the meeting.
Votes.
S ec . 8. In any meeting of the subscribers each subscriber shall
be entitled to one vote, and if a subscriber has five hundred em
ployees to whom the association is bound to pay compensation he
shall be entitled to two votes, and he shall be entitled to one addi
tional vote for each additional five hundred employees to whom
the association is bound to pay compensation, but no subscriber
LABOR LAW S— MASSACHUSETTS— ACTS OF 1911,
1129
shall cast, by his own right or by the right of proxy, more than
twenty votes.
Sec. 9.
than one
than ten
bound to
No policy shall be issued by the association until not less Policies is
hundred employers have subscribed, who have not less sued, when.
thousand employees to whom the association may be
pay compensation.
Sam e.
S ec . 10. No policy shall be issued until a list of the subscribers,
with the number of employees of each, together with such other
information as the insurance commissioner may require, shall
have been filed at the insurance department, nor until the presi
dent and secretary of the association shall have certified under
oath that every subscription in the list so filed is genuine and
made with an agreement by every subscriber that he will take the
policies subscribed for by him within thirty days of the granting
of a license to the association by the insurance commissioner to
issue policies.
Issues cease,
S ec . 11. I f the number of subscribers falls below one hundred,
or the number of employees to whom the association may be bound when.
to pay compensation falls below ten thousand, no further policies
shall be issued until other employers have subscribed who, together
with existing subscribers, amount to not less than one hundred
who have not less than ten thousand employees, said subscriptions
to be subject to the provisions contained in the preceding section.
Sec. 12. Upon the filing o f the certificate provided for in the two
preceding sections the insurance commissioner shall make such in
vestigation as he may deem proper and, if his findings warrant it,
grant a license to the association to issue policies.
Sec. 13. The board o f directors shall distribute the subscribers
into groups in accordance with the nature o f the business and the
degree o f the risk o f injury.
Subscribers within each group shall annually pay in cash, or
notes absolutely payable, such premiums as may be required to
pay the compensation herein provided for the injuries which may
occur in that year.
S ec . 14. The association may in its by-laws and policies fix the
contingent mutual liability of the subscribers for the payment of
losses and expenses not provided for by its cash funds; but such
contingent liability of a subscriber shall not be less than an
am ount equ al to and in addition to the cash premium.
S ec . 15. I f the association is not possessed of cash funds above
its unearned premiums sufficient for the payment of incurred
losses and expenses, it shall make an assessment for the amount
needed to pay such losses and expenses upon the subscribers liable
to assessment therefor in proportion to their several liability.
Every subscriber shall pay his proportional part o f any assess
ments which may be laid by the association, in accordance with
law and his contract, on account of injuries sustained and ex
penses incurred while he is a subscriber.
Sec. 16. The board o f directors may, from time to time, by vote
fix and determine the amount to be paid as a dividend upon poli
cies expiring during each year after retaining sufficient sums to
pay all the compensation which may be payable on account o f
injuries sustained and expenses incurred.
License.
Risk groups.
Liabilities.
Assessments.
Dividends.
A ll premiums, assessments, and dividends shall be fixed by and
for groups as heretofore provided in accordance with the experi
ence of each group, but all the funds of the association and the
contingent liability o f all the subscribers shall be available for
the payment of any claim against the association.
Rates to be
S ec . 17. Any proposed premium, assessment, dividend or dis
tribution of subscribers shall be filed with the insurance depart approved.
ment and shall not take effect until approved by the insurance
commissioner after such investigation as he may deem necessary.
S ec . 18. The board of directors shall make and enforce reason Rules.
able rules and regulations for the prevention of injuries on the
premises of subscribers, and for this purpose the inspectors of the
association shall have free access to all such premises during
regular working hours.
BULLETIN OF T H E BUKEATJ OF LABOB.
1130
Any subscriber or employee aggrieved by any such rule or regu
lation may petition the industrial accident board for a review, and
it may affirm, amend, or annul the rule or regulation.
False stateSec. 19. I f any officer of the association shall falsely make oath
ments.
to any certificate required to be filed with the insurance commis
sioner, he shall be guilty of perjury.
of
No t i c e
Sec. 20. Every subscriber shall, as soon as he secures a policy,
policy.
give notice, in writing or print, to all persons under contract of
hire with him that he has provided for payment to injured em
ployees by the association.
New employ
Sec. 21. Every subscriber shall give notice in writing or print
ees.
to every person with whom he is about to enter into a contract of
hire that he has provided for payment to injured employees by the
association.
Employers
Sec. 22. I f a subscriber, who has complied with all the rules,
r e i m b u r s e d , regulations and demands of the association, is required by any
when.
judgment of a court of law to pay to an employee any damages
on account of personal injury sustained by such employee during
the period of subscription, the association shall pay to the sub
scriber the full amount of such judgment and the cost assessed
therewith, if the subscriber shall have given the association notice
in writing of the bringing of the action upon which the judgment
was recovered and an opportunity to appear and defend the same.
State insur
Sec, 23. The provisions of chapter five hundred and seventy-six
ance code does of the acts of the year nineteen hundred and seven and of acts
not apply.
in amendment thereof shall apply to the association, so far as
such provisions are pertinent and not in conflict with the provi
sions of this act, except that the corporate powers shall not
expire because of failure to issue policies or make insurance.
Expenses.
Sec. 24. The board of directors appointed by the governor under
the provisions of Part IV, section two, may incur such expenses
in the performance of its duties as shall be approved by the gov
ernor and council. Such expenses shall be paid from the treasury
Limit.
of the Commonwealth and shall not exceed in amount the sum of
fifteen thousand dollars.
P art V.
m is c e l l a n e o u s p r o v is io n s .
C om pen sa-
S ec tio n 1 . I f an employee of a subscriber files any claim with
ines^ar* suit. or accePts any payment from the association on account of per-
s
Definitions.
* sonal injury, or makes any agreement, or submits any question to
arbitration, under this act, such action shall constitute a release
to the subscriber of all claims or demands at law, if any, arising
from the injury.
Sec. 2. The following words and phrases, as used in this act,
shall, unless a different meaning is plainly required by the con
text, have the following meaning:—
“ Employer ” shall include the legal representative of a deceased
employer.'
“ Employee ” shall include every person in the service of an
other under any contract of hire, express or implied, oral or writ
ten, except one whose employment is but casual, or is not in the
usual course of the trade, business, profession or occupation of
his employer. Any reference to an employee who has been in
jured shall, when the employee is dead, also include his legal representatives, dependents and other persons to whom compensation
may be payable.
“ Dependents ” shall mean members of tbe employee’s family or
next of kin who were wholly or partly dependent upon the earn
ings of the employee for support at the time of the injury.
“Average weekly wages ” shall mean the earnings of the injured
employee during the period of twelve calendar months immedi
ately preceding the date of injury, divided by fifty-tw o; but if the
injured employee lost more than two weeks’ time during such
period then the earning for the remainder of such twelve calen
dar months shall be divided by. the number of weeks remaining
LABOR LAW S— MASSACHUSETTS— ACTS OF 1911,
1131
after the time so lost has been deducted. Where, by reason of the
shortness of the time during which the employee has been in the
employment of his employer, or the nature or terms of the em
ployment, it is impracticable to compute the average weekly
wages, as above defined, regard may be had to the average weekly
amount, which during the twelve months previous to the injury,
as being earned by a person in the same grade employed at the
same work by the same employer; or, if there is no person so em
ployed, by a person in the same grade employed in same class of
employment and in the same district.
“Association” shall mean the Massachusetts Employees Insur
ance Association.
“ Subscriber ” shall mean an employer who has become a mem
ber of the association by paying a year’s premium in advance and
receiving the receipt of the association therefor, provided that the
association holds a license issued by the insurance commissioner
as provided in Part IV, section twelve.
S ec . 3. Any liability insurance company authorized to do busiPrivate comness within this Commonwealth shall have the same right as the Paaeies may in'
association to insure the liability to pay the compensation pro
vided for by this act, and a policy holder of such liability company
shall be regarded as a subscriber so far as applicable within the
meaning of this act, and when any such company insures such
payment of compensation it shall be subject to all the regulations
and obligations imposed upon the association.
S ec . 4. Sections one hundred and thirty-six to one hundred and
V oluntary
forty, inclusive, of chapter five hundred and fourteen of the acts c o m p e n s a t i o n
of the year nineteen hundred and nine are hereby repealed.
sc emes*
S ec . 5. The provisions of this act shall not apply to injuries
Prior injursustained prior to the taking effect thereof.
.
iesS ec . 6. Part I V of this act shall take effect on the first day of
Law in effect,
January, nineteen hundred and twelve; the remainder thereof when,
shall take effect on the first day of July, nineteen hundred and
twelve.
Approved July 28, 1911.
RESOLVES.
C hapteb 64.— Schooling fo r em p loyed children — In v estig a tio n .
The board of education is hereby authorized and directed to P a rt-tim e
investigate the need and practicability of part-time schooling, vo- schooling,
cational and otherwise, for working children, and also the estab
lishment of an apprentice system, especially for children between
the ages of fourteen and seventeen years. The board shall inves
tigate and report as to the means now existing which might be
used to furnish vocational training, and is authorized to employ
such agents as may be necessary to collect pertinent information
from employers and others. The board shall report the result Report,
o f its investigations with its recommendations, in print, to the
general court not later than the second Wednesday in January,
nineteen hundred and thirteen. For the purposes of this resolve,
there shall be allowed and paid out of the treasury of the com
monwealth a sum not exceeding six thousand five hundred dollars.
Approved April 20, 1911.
C h a p t e r 71.— E m p lo y m e n t o f w om en and children— C om m ission
on m in im u m w a g es .
The governor, with the advice and consent of the council, shall, in v estig a within thirty days after the passage of this resolve, appoint a tion of wages<
commission of five persons, citizens of the Commonwealth, of
whom at least one shall be a woman, one shall be a representative
of labor and one shall be a representative of employers, to study
the matter of wages of women and minors, and to report on the
advisability of establishing a board or boards to which shall be
referred inquiries as to the need and feasibility of fixing minimum
1132
Beport.
BULLETIN OF T H E BUBEAU OF LABOB.
rates of wages for women or minors in any industry. The said
commission may employ experts and all necessary clerical and
other assistance, and may incur such reasonable expenses, in
cluding travelling expenses, as may be authorized by the governor
and council. Before incurring any expenses the commission shall,
from time to time, estimate its probable amount, and submit the
estimate to the governor and council for their approval, and no
expense shall be incurred by the commission beyond the amount
so estimated and approved. The commissioners shall serve without pay, and shall report to the general court on or before the
second Wednesday in January, nineteen hundred and twelve, with
such drafts of bills, if any, as may be necessary to carry its
recommendation into effect. To carry out the purposes of this
resolve there may be expended from the treasury of the Com
monwealth a sum not exceeding two thousand dollars.
Approved May 11, 1911.
C h a p t e r 94.— C om m ission on em p loym en t offices .
Time for re
port.
Expenses.
The time for filing the report of the commission appointed to
investigate the condition and management of employment agencies
and intelligence offices, pursuant to the provisions of chapter one
hundred and forty-six o f the resolves of the year nineteen hundred
and ten and chapter two of the resolves of the year nineteen
hundred and eleven, is hereby further extended to the thirty-first
day of May in the current year, and all recommendations shall be
accompanied by drafts of bills; the existence of said commission
is hereby extended to the second Wednesday o f January, nineteen
hundred and twelve, on or before which date final report shall be
made to the next general court, with such additional information
as may have been obtained and with such additional recommen
dations as may be deemed advisable; and that said commission
shall be allowed for its necessary expenses, in addition to the
sum of two thousand dollars authorized by the resolve first men
tioned herein, such further sum not exceeding one thousand dol
lars as may be approved by the governor and council.
Approved June 10, 1911.
C h a p t e r 110.— W o rk m e n 's C om pen sa tion C om m ission— R ep o rts o f
accidents to w orkm en .
The commission which was appointed under chapter one hundred and twenty of the resolves of the year nineteen hundred and
ten to determine upon a plan of compensating employees for inju
ries sustained in the course of their employment is hereby con
tinued until the first day of July, nineteen hundred and twelve. The
commission shall continue its studies and investigation, and shall
A c c id e n t collect and compile statistical data of accidents to employees, and
s ta tis tic s .
other pertinent information, and shall report to the general court
on or before May first, nineteen hundred and twelve, with drafts
of such bills as it may recommend for legislation. Every em
ployer shall hereafter, until July first, nineteen hundred and
twelve, keep a record of all injuries, fatal or otherwise, received
by his employees in the course of their employment; and within
forty-eight hours, not counting Sundays and legal holidays, after
the occurrence of an accident resulting in personal injury to an
employee a report thereof shall be made in writing by the em
ployer to the commission on blanks furnished for the purpose.
Upon the termination of the disability of the injured employee or,
if such disability extends beyond a period of sixty days, at the
expiration of that period, the employer shall make a supplemental
report on blanks furnished by the commission for the purpose.
The said reports shall state the name and nature of the business of
the employer, the location of his establishment, the name, age, sex
and occupation of the injured employee, the date and hour of
the accident, the nature and cause of the injury, and such other
C o m m is s io n
co n tin u ed .
LABOR LAW S— MASSACHUSETTS— ACTS OF 1911.
1133
infoimation as may be required by the commission. Any employer
who refuses or neglects to make a report required by this resolve
shall be punished by a fine o f not more than fifty dollars for each
offense. The total additional expense to be incurred under this
resolve shall not exceed the sum o f thirteen thousand dollars.
Approved June 30, 1911.
MICHIGAN.
ACTS OF 1911.
No.
6 8 .— A ccid en t insurance .
Section 1. On and after January first, nineteen hundred twelve, Restrictions
no policy of insurance against loss or damage from disease or from on i s s u e of
bodily injury by accident, or both, of the assured, shall be issued policies.
or delivered in this State * * *.
( 6 ) Unless it contains in substance the following provisions:
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C h a n g e of
6 . A provision that if the insured is injured or contracts disease
after
@FedFRASER