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U. S. DEPARTMENT OF LABOR
BUREAU OF LABOR STATISTICS
ROYAL MEEKER, Commissioner
BULLETIN OF THE UNITED STATES \
BUREAU OF LABOR STA TISTICS/ “ * ‘
LABOR
LAWS
OF
THE
UNITED
STATES
(WHOLE 1 | O
( NUMBER I T U
SERIES:
No.
LABOR LAWS OF THE UNITED
STATES, WITH DECISIONS OF
COURTS RELATING THERETO
IN TWO PARTS
PART II
/ v \
u MM J
APRIL 10, 1914
WASHINGTON
GOVERNMENT PRINTING OFFICE
1914
3
CONTENTS.
PART n .
Text of labor laws reproduced—Concluded.
rage.
Montana....................................................................................................... 1217-1278
Nebraska..................................................................................................... 1279-1319
Nevada......................................................................................................... 1321-1354
N ew Hampshire.......................................................................................... 1355-1372
New Jersey................................................................................................. 1373-1432
New Mexico................................................................................................ 1433-1451
New York................................................................................................... 1453-1562
15G3-1582
North Carolina........................................................................................
North Dakota.............................................................................................. 1583-1601
O h io............................................................................................................. 1603-1701
Oklahoma................................................................................................... 1703-1745
Oregon......................................................................................................... 1747-1781
Pennsylvania.............................................................................................. 1783-1938
Philippine Island3...................... ............................................................. 1939-1950
Porto R ico..........................: ....................................................................... 1951-1965
Rhode Island............................................ ................................................ 1967-1989
South Carolina............................................................................................ 1991-2008
South Dakota.............................................................................................. 2009-2028
Tennessee................................................................................................... 2029-2069
Texas........................................................................................................... 2071-2104
Utah............................................................................................................ 2105-2134
Vermont....................................................................................................... 2135-2150
Virginia....................................................................................................... 2151-2177
Washington................................................................................................. 2179-2228
West Virginia.............................................................................................. 2229-2254
W isconsin......................................................................... ......................... 2255-2325
Wyoming..................................................................................................... 2327-2352
United States............................................................................................. 2353-2445
in
TEXT OF LABOR LAWS— Concluded.
MONTANA.
CONSTITUTION.
A rticle 15.— Liability of employers fo r injuries to employees —
Waivers.
S ection 16. It shall be unlawful for any person, company or
C o n tr a c ts
corporation to require o f its servants or employees, as a condition limiting liabilo f their employment or otherwise, any contract or agreement,
whereby such persons, company or corporation, shall be released
or discharged from liability or responsibility on account o f per
sonal injuries received by such servants or employees while in
the service o f such person, company or corporation, by reason o f
the negligence o f such person, company or corporation, or the
agents or employees thereof; and such contracts shall be abso
lutely null and void.
A r t ic le 18.— Bureau of agriculture, labor, and industry.
Section 1. The legislative assembly may provide for a bureau Assembly may
of agriculture, labor and industry, to be located at the capital provide for buand be under the control o f a commissioner appointed by the gov- reau*
ernor subject to the confirmation of the senate. The commissioner
shall hold his office for four years, and until his successor is
appointed and qualified; his compensation shall be as provided
by law.
A rticle 18.— Employment of children in mines— Hours o f labor of
employees on public tvorlcs and in mines, smelters, etc.
S ection 3. It shall be unlawful to employ children under the
Age limit of
age of sixteen (16) years of age in underground mines.
sixteen years.
Sec. 4. A period o f eight hours shall constitute a day’s work on Limit of eight
all works or undertakings carried on or aided by any municipal, hours per day.
county or State government, and on all contracts let by them, and
in m ills and smelters for the treatment of ores, and in under
ground mines.
Sec . 5. The legislature by appropriate legislation shall provide Enforcement,
for the enforcement o f the provisions o f this article.
REVISED CODES—1907.
TJnion label to be used on public printing.
S ection 254. All printing for which the State of Montana is
state printchargeable, including reports o f State officers, State boards, pam- ing to b e a r
phlets, blanks, letterheads, envelopes, and printed matter of every union labelkind and description, save and except certificates of appointment
and election to office, shall have the label o f the branch o f the
International Typographical Union o f the city in which they are
printed.
Sec. 255. Any officer o f the State who shall accept any printed
Penalty,
matter, save and except certificates named in section 1[254], for
which the State is chargeable, which does not bear a label indi
cating that it was printed in an office under the jurisdiction of the
International Typographical Union, shall be subject to a fine o f
fifty dollars for each and every offense.
39387°—Bull. 148, pt 2—14------1
1217
1218
BULLETIN OF THE BUKEAU OF LABOR STATISTICS.
Free public employment offices.
Section 2S8 (as amended by chapter 15, Acts of 1011). It is the
Offices to be
established.
duty of the common council o f any incorporated city o f the first
Reports.
or second class within this State, and it shall be lawful for the
common council o f any incori>orated city other than a city o f the
first or second class within this State, to provide for the establish
ment o f a free public employment office to be conducted on the
most approved plans, and to provide for the expenses thereof out
o f the revenues o f the city in which the same is established. The
annual report o f the commissioner o f agriculture, labor and indus
try shall contain a detailed account o f the transactions of all free
employment offices within this State, showing the number of appli
cants for help, the number of applicants for employment, male raid
female, the number securing employment through said offices, and
the expenses thereof.
Employment of children— School attendance.
Section 965. All parents, guardians and other persons who have
S c h o o l attendance re care of children, shall instruct them, or cause them to be in
quired.
structed in reading, spelling, writing, English grammar, geogra
phy, physiology and hygiene, and arithmetic. Every parent,
guardian or other person having charge of any child between the
ages of eight and fourteen years shall send such child to a public,
private, or parochial school, for the full time that the school at
tended is in session, which shall in no case be for less than six
teen weeks during any current year, and said attendance shall be
gin within the first week o f the school term, unless the child is
excused from such attendance * * * upon satisfactory show
ing, either that the bodily or mental condition o f the child does
not permit o f its attendance at school, or that the child is being
instructed at home by a person qualified, * * * or that there
is no school taught the required length o f time within 2| miles of
the residence o f such child by the nearest traveled road: Pro
vided , That no child shall be refused admission to any public
school on account o f race or color. * * *
S ec. 966. No child under fourteen years o f age shall be em
Certificates.
ployed or be in the employment of any person, company or cor
poration during the school term and while the public schools are
in session, unless such child shall present to such person, com
pany or corporation an age and schooling certificate herein pro
vided for. An age and schooling certificate shall be approved only
by the superintendent o f schools, or by a person authorized by
him, in city or other districts having such superintendent, or by
the clerk o f the board of trustees in village and township dis
tricts not having such superintendent, upon a satisfactory proof
o f the age o f such minor and that he has successfully completed
the studies enumerated in section 965 o f this article; or if be
tween the ages o f fourteen and sixteen years, a knowledge of his
or her ability to read and write legibly the English language.
The age and schooling certificate shall be formulated by the super
intendent of public instruction and the same furnished, in blank,
by the clerk o f the board of trustees or the clerk of the district.
Every person, company, or corporation employing any child under
sixteen years o f age, shall exact the age and schooling certificate
prescribed in this section, as a condition o f employment and shall
keep the same on file, and shall upon the request o f the truant
officer hereinafter provided for, permit him to examine such age
and schooling certificate. Any person, company, or corporation,
employing any minor contrary to the provisions o f this section
shall be fined not less than twenty-five nor more than fifty dollars
for each and every offense.
Sec. 967. All minors over the age of fourteen and under the age
Illiterates.
of sixteen years, who can not read and write the English language
shall be required to attend school as provided in section 965, o f
this article and all the provisions o f said section shall apply to
LABOR LAWS----MONTANA----REVISED CODES----1907.
said minors: Provided, That such attendance shall not be re
quired o f such minors after they have secured a certificate from
the superintendent of schools in districts having superintendents,
or the clerk o f the board o f trustees in districts not having super
intendents, that they can read, and write the English language.
No person, company or corporation shall employ any such minor
during the time schools are in session, or having such minor in
their employ shall immediately cease such employment, upon
notice from the truant officer who is hereinafter provided. Every
person, company, or corporation violating the provisions o f this
section shall be fined not less than twenty-five nor more than fifty
dollars for each and every offense.
S ec. 969. * * * The truant officer shall be vested with police
powers, the authority to serve warrants, and have authority to
enter workshops, factories, stores and all other places where chil
dren may be employed, and do whatever may be necessary, in the
way of investigation or otherwise to enforce the provisions o f this
act [secs. 965-971]; * * *
1219
Enforcement,
Inspection o f steam boilers.
Section 1639 (as amended by chapter 30, Acts o f 1913). There
Appointment
must be appointed' by the governor, by and with the advice and of inspector,
consent o f the senate, one inspector o f boilers, whose duty it is
to inspect all steam boilers now in use in the State, not subject
to inspection under the laws o f the United States, and to examine
and grant licenses to steam engineers intrusted with the care
and management o f steam boilers and steam machinery. The
salary o f the inspector of boilers is $2,500 per year, and his term
of office is four years, unless sooner removed by the governor.
The inspector o f boilers must execute an official bond in the sum
of five thousand dollars.
Sec. 1640 (as amended by chapter 30, Acts o f 1913). No person Qualifications,
is eligible to hold the office o f inspector o f boilers and steam
engines who has not had at least ten (10) years o f actual experi
ence in the operation o f steam engines, steam boilers and steam
machinery, and who has not held for at least five years immedi
ately preceding his appointment a first class stationery [station
ary] engineer’s license o f the State of Montana, or who is directly
or indirectly interested in the manufacture or sale o f boilers or
steam machinery or any patented article required to be sold relat
ing thereto.
S ec. 1641 (as amended by chapter 30, Acts o f 1913). There shall Assistants,
be three assistant inspectors o f boilers, each o f whom shall be
called assistant inspector o f boilers. Such assistant inspectors
must be persons who have had at least five years’ practical experi
ence in the operation o f steam engines and boilers and must have
held a first class stationery [stationary] engineer’s license within
the State o f Montana for at least one year immediately prior to
appointment as assistant inspectors and must be persons of tem
perate habits and good character and qualified to perform the
duties o f their office. They shall be appointed by the governor, by
and with the advice and consent o f the senate, and be subject to
removal at the will o f the governor. The salary o f each assistant
inspector shall be $2,100 per year. Each assistant inspector must
execute an official bond in the sum o f $2,500.
There shall be a clerk to the State boiler inspector to be ap- clerk,
pointed by the governor who shall also perform the duties o f
clerk to the State quartz mining inspector and the clerk o f the
State coal mine inspector. The salary o f such clerk shall be one
thousand, five hundred ($1,500) dollars per year, nine hundred
($900) dollars o f which shall be charged to the State boiler in
spector’s department; three hundred ($300) dollars o f which shall
be charged to the State quartz mining inspector’s department;
and three hundred ($300) dollars o f which shall be charged to the
State coal mine inspector’s department: Provided, That when such
clerk ceases to perform the duties as clerk to any one o f the de
1220
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
partments no part of sucli salary sliall be charged to that depart
ment. Such clerk shall execute an official bond in the sum of
$2,000.
Rules for inSec. 1642 (as amended by chapter 30, Acts o f 1913). The in
spection.
spector o f boilers must have his office at the seat of government,
and must adopt rules as nearly uniform as possible for the in
spection o f steam boilers and prescribe the nature and extent of
the examination o f applicants for licenses and adopt such rules
for the issuing thereof as are required by the provisions of this
article, and must adopt such rules as he may deem necessary to
carry into effect the provisions of this article,
inspection
Sec. 1643 (as amended by chapter 30, Acts of 1913). The inbefore use.
spector o f boilers must inspect all steam boilers and steam gener
ators before the same are used and all persons who bring into
Notice.
this State any boiler or boilers must notify the boiler inspector
stating the number and kind of boilers, where the same had
theretofore been located and where they are to be located and
operated in this State, and must secure from the boiler inspector
a certificate of inspection before said boilers are placed in opera
tion, except in the case o f new boilers, which must' be inspected
within ninety (90) days after they are put in use, and all boilers
must be inspected at least once in every y e a r: Provided, That where
a boiler has not been in use for more than sixty days during
the year the inspector may, if he is satisfied that said boiler has
been properly cared for and in [is] in good condition, extend
such certificate for an additional year without further inspection
of such boiler, which extension shall be made without additional
Violation.
charge. Any person failing to give notice to the boiler inspector
as herein provided, or who operates such boilers without a cer
tificate from the boiler inspector shall be punished by a fine o f
not less than one hundred ($100) dollars nor more than five
hundred ($500) dollars for each offense, or by imprisonment in
the county jail for not less than thirty days nor more than ninety
Method o f days, or by both such fine and imprisonment. The inspector o f
inspection.
boilers must subject all boilers to hydrostatic pressure, which
hydrostatic pressure must be 33 per cent greater than the steam
pressure allowed on the boilers, providing there are no such leaks
on such boilers which prevent the inspector from applying such
hydrostatic pressure, and the inspector must satisfy himself by
and through interior and exterior examination that the boilers
are well made and o f good and suitable material; and the open
ings for the passage o f water and steam, respectively, and all
pipes and tubes exposed to heat are o f the proper dimensions and
free from obstructions; that the flues are circular in form ; that
the fire line o f the furnace is at least two inches below prescribed
minimum water line o f the boilers; that the arrangement for de
livering the feed water is such that the boilers can not be injured
thereby, and that such boilers and the steam connections may be
safely employed without danger to life.
Safety valves,
Sec. 1644 (as amended by chapter 30, Acts o f 1913). The inetc.
spector must also satisfy himself that the safety valves are o f
suitable dimension, sufficient in number and area, and properly
arranged, and that the safety valve weights are properly adjusted
so as to allow no greater pressure in the boilers than the amount
prescribed by the inspection certificate; that there are a sufficient
number o f gauge cocks properly inserted to indicate the amount
of water, and suitable gauges that will correctly record the pres
sure of steam; and adequate and certain provisions for an ample
supply o f water to feed the boilers at all times, and that suitable
means for blowing out are provided, so as to thoroughly remove
mud and sediment from all parts of the boilers when they are
under pressure o f steam, and any renter, user or owner of a
boiler or any person or persons who tamper with the safety valve
to allow the boiler to carry greater pressure than is allowed by the
inspection certificate shall be deemed guilty o f a misdemeanor.
Tests.
In subjecting the boilers to the hydrostatic test, the test applied
must exceed the working pressure allowed in the ratio o f 100 to
LABOR LAWS— MONTANA— REVISED CODES— 1907.
1221
66§, provided the valves and other conditions o f piping on the
boiler will allow the inspector to make such test. But where there
are leaks on the boiler which make it impossible to apply such
hydrostatic pressure or where the water can not be procured with
which to make such test, the inspector may make a hammer test
o f said boiler and inspect same closely and give to such boiler a
rating for steam pressure as its condition will warrant. In all
cases the inspector must use judgment in the steam pressure
allowed on boilers. Where a boiler is constructed with lap hori
zontal seams on boilers, dome or drum, a factor o f four and onehalf shall be used in determing [determining] the safe working
pressure allowed on such boiler. But where the boilers are con
structed with butt-strap horizontal seams, a factor o f four may
fee used in determining such safe working pressure. But in any
case the inspector may use a higher factor i f the conditions are
such as to warrant it. I f boiler rests on side wall on lugs, or
is hung by eye beams or is in any way set up so that the weight of
the boiler is pulling against the horizontal seam o f rivets, a factor
of five must be used to determine the safe working pressure
allowed on boiler. Where the horizontal lap seams o f boiler are
exposed to the fire, a factor o f five must be used to determine the
safe working pressure to be allowed on such boiler. On stay
bolts, if new, seven thousand five hundred pounds pressure per
square inch shall be allowed. I f such stay bolts are corroded or
defective the inspector must determine the pressure to be allowed
on same. On braces made o f solid material, eight thousand
pounds pressure per square inch shall be allowed. On welded
braces or braces with only one crowfoot, six thousand pounds
pressure per square inch shall be allowed. No cast iron shall be
used in the construction or reinforcements o f any boiler where
the pressure allowed on said boiler is more than one hundred
pounds per square inch.
Sec. 1645. No boiler or steam pipe, nor any o f the connections
Use of bad
thereto must be approved which is made in whole or in part o f material, etc.
bad material, or is unsafe from any cause. Nothing herein shall
be construed to prevent the use o f any boiler or steam generator
which may not be constructed o f riveted iron or steel plates, when
the inspector has satisfactory evidence that such boiler or steam
generator is equal in strength to and as safe from explosion as
boilers o f the best quality, constructed o f iron or steel plates. In
any case where fo r good cause the inspector is unable to make any
such inspection or examination o f any steam boiler, it is the duty
o f the assistant inspector to proceed and act in accordance with
the requirements o f this article [secs. 1639-1659] as fully as the
inspector is empowered to do.
S ec. 1646. In addition to the annual inspection, it is the duty o f # Additional
the inspector, or o f the assistant inspector, to examine at proper inspections,
times, when in their opinion such examination is necessary, all
such boilers as shall have become unsafe from any cause, and to
notify the owner or the person using such boilers o f any defect
and what repairs are necessary to render them safe.
S ec. 1647 (as amended by chapter 30, Acts o f 1913). It is the
ess to
duty o f the owners or managers o f steam boilers to allow the
inspector free access to the same. In case the owner or manager
o f any boiler is notified by the inspector to have said boiler ready
for inspection on a day certain and fails to have such boiler
ready for inspection at such time, the inspector shall at once
seal up the fire box in such boiler and such seal must not be re
moved from the fire door without a written order from the in
spector. Any person tampering with or removing said seal shall Penalty,
be deemed guilty o f a misdemeanor and upon conviction thereof
shall be punished by a fine o f not less than one hundred dollars
nor more than five hundred dollars or by imprisonment in the
county jail for not less than two months nor more than six
months, or by both such fine and imprisonment. I f the owner or
manager of any boiler that has been so sealed desires to have the
same inspected before the next regular visit o f the inspector to
1222
BULLETIN OF THE BUREAU CF LABOR STATISTICS.
tlie district where said boiler is situated, he must pay all trans
portation and hotel expenses of tlie inspector who makes the in
spection, in addition to the inspection fee provided by law. It
shall be the duty o f the engineer operating any boiler or boilers
to assist the inspectors in their examination o f the same and
point out any defects known to him in the boilers or machinery
under his charge. Any engineer not complying with this section
shall have his license revoked or suspended.
in spectors
gEC. 1651 (as amended by chapter 30, Acts o f 1913). In making
mtelj^
Sepa an inspection of the boilers and machinery herein provided for
the inspectors may act jointly or separately but the inspector or
assistant inspector making such inspection must in all cases
certify the same under the seal o f the boiler inspector’s office.
Any inspector or assistant inspector who willfully and feloni
ously certifies regarding any steam boilers or their attachments
or grants a license to any person to act as engineer contrary to the
provisions o f this article is punishable under the provisions of
section 8446, o f the Revised Codes.
Fees.
Sec. 1652 (as amended by chapter 30, Acts of 1913). The in
spector or assistant inspectors are authorized to charge a fee o f
ten dollars for the inspection o f each single boiler and its steam
connections and five dollars for each additional boiler when con
nected. The fee for the inspection o f each traction engine boiler
on wheels shall be ten dollars. The fee for the inspection o f
boilers in incorporated cities shall be five dollars. Such fees shall
be payable at the time o f the inspection. In case o f the failure
of the owner or manager or person in charge o f any boiler to pay
such fee upon the demand o f the inspector, said inspector is au
thorized to seal the fire box o f said boiler and such seal shall not
be removed until said fee is paid and the written order o f the in
spector authorizing its removal is received by said owner or
manager. Any person who tampers with or removes, said seal
without such written order shall be deemed guilty o f a misde
meanor and punished as provided by section 1647.
Exceptions.
Sec. 1655 (as amended by chapter 30, Acts o f 1913). This
article does not apply to locomotives in Montana nor to cast iron
boilers, nor to boilers used for heating purposes in private resi
dences, nor to any boiler having a capacity o f five horsepower
or less; nor are locomotive engineers or persons operating any
o f the engines or boilers herein exempted from the operation
of this article required to procure license from the inspector or
assistant inspectors o f boilers. It shall be the duty o f the owner
or user o f any traction engine or boiler on wheels, other than
locomotives, to notify the inspector o f the location o f such boiler
on or before the first day o f June o f each year. Any owner or
user o f such traction engine or boiler who shall fail to notify
the inspector shall be deemed guilty o f a misdemeanor. Any
person purchasing any steam boiler, whether a traction or station
ary boiler, shall be entitled to receive from the seller the cer
tificates o f inspection issued on such boiler, and any person pur
chasing any steam boiler, whether traction or stationary, not ex
empted by the provisions o f this section, shall within ten days
after such purchase report the fact o f such purchase to the boiler
inspector and notify such inspector where he intends to locate
or operate said boiler. And any person failing to comply with
this provision o f this section shall be deemed guilty o f a mis
demeanor.
Bureau o f child and animal protection.
Bureau ereSection 1660. There is hereby created a State bureau o f child
ated.
and animal protection, for the purpose o f enforcing the laws of
Inspectors.
the State o f Montana, pertaining to children and dumb animals
which may now or hereafter ex ist; and to promote the growth of
education and sentiment favorable to the protection of children
and dumb animals.
S ec. 1664 (as amended by chapter 127, Acts o f 1911). The secre
tary [o f the bureau o f child and animal protection] shall have
LABOR LAWS----MONTANA----REVISED CODES----H>07.
1223
the power to appoint six deputies, one o f wliom shall have Lis
office in the city of Butte, one in Great Falls, one in Havre, one in
Billings, one in Missoula and one in Kalispell. Such deputies shall
take and subscribe the same oath required by the principal, and
the same shall be of record in the secretary’s office.
The deputies shall have the same power and authority as fixed
by law in the principal, and shall have a salary o f eighteen hun
dred (|1800) dollars, per annum, payable monthly, out o f the
public treasury. They shall make full and complete reports every Reports,
month to said principal showing all their official acts, with names
o f persons accused and against whom prosecutions may have been
instituted, and the results thereof. Said deputies may be removed,
at any time by the secretary, and another appointed to fill the
vacancy. All deputies shall have authority to investigate cases
reported to said bureau from any section o f the State o f Montana
when called or directed to so do by the secretary o f said bureau.
S ec. 1669. The secretary is hereby vested with authority to make
P o w e r s of
arrests o f any person, or persons, violating any provisions o f the secretary of l>ulaws relating to wrongs to children and dumb animals, and is Ieau*
hereby further vested with the authority to enter workshops, fac*
tories, stores, mines, mills and smelters, and all other places
where children may be employed, and do what may be necessary
in the way of investigation, or otherwise, to enforce the laws per
taining to minor children and animals.
Arbitration o f labor disputes— State board.
S ection 1670. There is a State board o f arbitration and conciliaAppointment
tion consisting o f three members, whose term o f office is two years of board*
and until their successors are appointed and qualified. The board
must be appointed by the governor, with the advice and consent of
the senate. I f a vacancy occurs at any time the governor shall
appoint some one to serve out the unexpired term, and he may in
like manner remove any member o f said board.
S ec. 1671. One o f the board must be an employer, or selected . Q u a lific a from some association representing employers o f labor; and one o f tionsthem must be a laborer, or selected from some labor organization,
and not an employer o f labor, and the other must be a disinterested
citizen.
S ec. 1672. The members o f the board must, before entering upon Organization,
the duties o f their office, take the oath required by the constitu
tion. They shall at once organize by the choice o f one o f their
number as chairman. Said board may appoint and remove a clerk
o f the board, who shall receive such compensation as may be al
lowed by the board, but not exceeding five dollars per day for the
time employed. The board shall, as soon as possible after its or
ganization, establish such rules or modes o f procedure as are nec
essary, subject to the approval o f the governor.
S ec. 1673. Whenever any controversy or dispute, not involving
Mediation,
questions which may be the subject o f a civil action, exists between
an employer (if he employs twenty or more in the same general
line o f business in the State) and his employees, the board must,
on application as is hereinafter provided, visit the locality o f the
dispute and make inquiry into the cause thereof, hear all persons
interested therein, who may come before them, advise the respec
tive parties what, if anything, ought to be done, by either or both,
to adjust said dispute, and the board must make a written decision
thereon. The decision must at once be made public, and must b e ,
°
recorded in a book kept by the clerk o f the board, and a statement
thereof published in the annual report, and the board must cause a
copy thereof to be filed with the clerk o f the county where the
dispute arose.
S ec. 1674. The application to the board o f arbitration and conApplications
cilia tion must be signed by the employer, or by a majority o f his to be Slgned*
employees in the department o f the business in which the contro
versy or difference exists, or their duly authorized agent or by
both parties, and shall contain a concise statement o f the griev
1224
BULLETIN OF THE BTJBEAU OF LABOB STATISTICS.
ances complained of, and a promise to continue 011 in business or at
work without any lockout or strike until tlie decision o f said board
if it shall be made within four weeks o f the date o f filing said ap
plication. When an application is signed by an agent claiming to
represent a majority o f such employees, the board shall satisfy
itself that such agent is duly authorized in writing to represent
such employees, but the names o f the employees giving such
authority shall be kept secret by said board; as soon as may be
after the receipt o f said application the secretary o f said, board
shall cause public notice to be given for the time and place for the
hearing thereon; but public notice need not be given when both
parties to the controversy join in the application and present
therewith a written request that no public notice be given; when
such request is made notice shall be given to the parties interested
in such manner as the board may order; and the board may, at
any stage o f the proceedings, cause public notice to be given, not
withstanding such request. When notice has been given as aforeE x pe r t as- said, each o f the parties to the controversy, the employer on one
sistants.
side, and the employees interested on the other side, may in writ
ing nominate, and the board may appoint, one person to act in the
case as expert assistant to the board. The two persons so ap
pointed shall be skilled in and conversant with the business or
trade concerning which the dispute has arisen. It shall be their
duty, under the direction o f the board, to obtain and report to the
board, information concerning the wages paid, the hours o f labor
and the methods and grades o f work prevailing in manufacturing
establishments, or other industries 01* occupations, within the
State Of a character similar to that in which the matters in dis
pute have arisen. Said expert assistants shall be sworn to the
faithful discharge o f their du ty; such oath to be administered by
any member o f the board, and a record thereof shall be preserved
with the record o f the proceedings in the case. They shall be en
titled to receive from the treasury o f the State such compensation
as shall be allowed and certified by the board not exceeding--------dollars per day, together with all necessary traveling expenses.
Nothing in this act [secs. 1G70-1678] shall be construed to prevent
the board from appointing such other additional expert assistant
or assistants as it may deem necessary, who shall be paid in like
manner. Should the petitioner or petitioners fail to perform the
promise made in said application, the board shall proceed no fur
ther thereupon without the consent o f the adverse party. The
board shall have power to summon as witness any operative or
employee in the department o f business affected and any person
who keeps the records o f wages earned in those departments, and
to examine them under oath, and to require the production o f
books containing the record of wages paid. Summons may be
signed and oaths administered by any member o f the board.
Decision.
Sec. 1675. Upon the receipt o f said application and after such
notice, the board shall proceed as before provided, and render a
written decision, which shall be open to public inspection, shall
be recorded upon the records o f the board, and published at the
discretion o f the same in an annual report to be made to the
governor on or before the first day o f December in each year.
Effect of de- Sec. 1676. Any decision made by the board is binding upon the
cision.
parties who join in the application for six months, or until either
party has given the other notice in writing of his intentions not to
be bound by the same at the expiration o f sixty days therefrom.
The notice must be given to employees by posting the same in
three conspicuous places in the shop, office, factory, store, mill or
mine where the employees work.
Local boards. Sec. 1677. The parties to any controversy or difference as de
scribed in section 1673 o f this Code may submit the matters in dis
pute, in writing, to a local board of arbitration and conciliation;
such board may be either mutually agreed upon, or the employer
may designate one o f the arbitrators, the employees, or their duly
authorized agent, another, and the two arbitrators so designated may
choose a third, who shall be chairman of the board. Such board
LABOR LAWS----MONTANA----REVISED CODES----1907.
1225
shall, in respect to the matters referred to it, have and exercise
Powers,
all the powers which the State board might have and exercise,
and its decisions shall have whatever binding effect may be
agreed upon by the parties to the controversy in the written sub
mission. The jurisdiction o f such board shall be exclusive in
respect to the matters submitted to it, but it may ask and receive
the advice and assistance o f the State board. The decision of
such board shall be rendered within 10 days o f the close of any
hearing held by it; such decision shall at once be filed with the
clerk o f the county in which the controversy or difference arose,
and a copy thereof shall be forwarded to the State board and en
tered on its records. Each o f such arbitrators shall be entitled
Compensato receive from the treasury of the county in which the con- tion.
troversy or difference that is the subject of the arbitration exists,
if such payment shall be approved by the commissioners o f said
county, the sum o f three dollars for each day o f actual service,
not exceeding ten days for any one arbitration. Whenever it is
made to appear to the mayor of any city or two commissioners D u t y o f
of any county, that a strike or lockout such as described hereafter mayor to give
in this section is seriously threatened or actually occurs, th e noticeof strike,
mayor o f such city, or said commissioners o f such county, shall
at once notify the State board o f the fact. Whenever it shall
come to the knowledge o f the State board, either by notice from
the mayor o f a city, or two or more commissioners o f a county,
as provided in this section, or otherwise, that a strike or lockout
is seriously threatened or has actually occurred in any city or
county o f this State, involving an employer and his present or
past employees, if at the time he is employing or up to the occur
rence o f the strike or lockout was employing not less than twenty
persons in the same general line o f business in any city, town
or county in this State, it shall be the duty of the State board to
put itself in communication as soon as may be with such em
ployer and employees, and endeavor by mediation to effect an
amicable settlement between them, or to endeavor to persuade
them, providing that a strike or lockout has not actually
occurred or is not then continuing, to submit the matters
in dispute to a local board o f arbitration and conciliation
as above provided, or to the State board; and said State
board may, if it deems it advisable, investigate the cause or
causes o f such controversy, and ascertain which party thereto
is mainly responsible or blameworthy for the existence or con
tinuance o f the same, and may make and publish a report finding
such cause or causes, and assigning such responsibility or blame.
The board shall have the same powers for the foregoing purposes
as are given it by section 1673 o f this Code. Witnesses summoned Witnesses.
by the State board shall be allowed the sum o f fifty cents for
each attendance, and the further sum o f twenty-five cents for each
hour o f attendance in excess o f two hours, and shall be allowed
five cents a mile for travel each way from their respective places
of employment or business to the place where the board is in
session. Each witness shall certify in writing the amount o f his
travel and attendance, and the amount due him shall be certified
to the State board o f examiners fo r auditing, and the same shall
be paid as other expenses of the State from any moneys in the
State treasury.
S ec. 1678. The arbitrators hereby created must be paid five dolCompensa
tors for each day of actual service and their necessary traveling t on*
expenses and necessary books or records, to be paid out o f the
treasury o f the State, as by law provided.
Protection of employees on street railways—Inclosed vestibules.
Section 1727. * * * It shall be unlawful for any person,
partnership or corporation owning or operating a street railway
in this State, or any officer or agent thereof, superintending, man
aging the said line of railway, or of the cars thereof, operating
electric, cable or ether cars, propelled either by steam, cable pr
Vestibules,
1226
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
electricity, which require the constant services, care, or attention
o f any person or persons on any part o f such car, to require or
permit such services, attention or care, o f any o f its employees,
(or any other person or persons,) between the first day o f Novem
ber and the first day o f May, o f each year, unless such person or
persons, partnership or corporation, its said officers or superin
tendents and managing agents, have first provided the said car or
cars with a proper and sufficient inclosure constructed o f wood,
iron or glass, or similar suitable material sufficient to protect such
employees from exposure to the inclemencies o f the weather:
Provided, That such inclosures shall be so constructed as not to
obscure the vision o f the person operating the c a r : Provided fur
ther, That during a fog or fall o f snow sufficient to obscure the
view of [a] motormen [motorman] he may be allowed to remove
the glass in his immediate front so that the same shall not prevent
the safe operation o f the car.
Same s abject. Sec. 1728 (as amended by chapter 104, Acts o f 1913). * * *
It shall be unlawful for any person or persons, partnership or cor
poration so owning or operating street railways using steam,
electric or cable cars, or any superintendent or managing officer
or agent thereof, to cause or to permit to be used upon such line o f
railway, between the said November first and May first o f each
and every year, any car or cars upon which the services o f any
employee such a [s] specified in section one [1727] o f this act is
required, unless such car or ears shall be provided with the in
closure required by said section 1728 (1) [1727] o f this act.
Except that the type o f cars known as open cars or summer cars
must be equipped with wind 'shield constructed o f glass, iron and
wood or other suitable material to extend completely across front
o f said car or cars to protect such employees from exposure to
the Inclemencies o f the weather.
Violations.
Sec. 1729. Any person or persons, partnership or corporation
owning, operating or superintending or managing any such line o f
street railway or managing or superintending officer or agent
thereof, who shall be found guilty o f a violation o f the provi
sions o f sections 1727 (1) or 1728 (2) o f this act, shall be
deemed guilty o f a misdemeanor, and upon conviction thereof
shall be punished by a fine o f not less than fifty dollars or more
than one hundred dollars. Each and every day that any such
person or persons cause or permit any o f their employees to
operate such cars in violation o f the provisions o f section 1727 (1)
o f this act or cause such cars to be operated in violation o f sec
tion 1728 (2 ) o f this act, shall be deemed a separate offense.
Enforcement.
S ec. 1730. It is hereby made the duty o f the county attorney o f
any county in which any street railway is situated and operated,
upon information given to him by any person that any person or
persons, partnership or corporation has violated any o f the pro
visions o f this act [secs. 1727-1730], to promptly prosecute such
person or persons, partnership or corporation for such violation.
Hours o f labor.
Eight hours S ection 1734. It shall be unlawful for any person or persons,
for hoisting en-comI)any or corporation, to operate or handle, or to induce, pergineers.
suade or prevail upon any person or persons to operate or handle
for more than eight hours in twenty-four hours o f each day, any
This act shall apply only
to such plants as are in continuous operation or are operated
sixteen or more hours in twenty-four hours o f each day, or at
or in any mine where said hoisting engine develops fifteen or
more horsepower, or at or in any mine wherein there are fifteen
cr more men employed underground in twenty-four hours of each
d a y : Provided, however, That the provisions o f this act [secs.
1734, 1735] shall not apply to any person or persons operating
any hoisting engine more than eight hours in each twenty-four
hours for the purpose o f relieving another employee in case of
sickness or other unforeseen cause or causes.
Application of hoisting engine at or in any mine.
law-
LABOK LAWS----MONTANA----EEVISED CODES----1907.
S ec. 1735. Any person or persons, company or corporation, wlio
shall violate any of the provisions of this act, shall, upon convic
tion. be punished by a fine of not less than ten ($10) dollars, nor
more than one hundred ($100) dollars; and each and every day
that such person or persons, company or corporation may con
tinue to violate any of the provisions o f this act, shall be con
sidered a separate and distinct offense and shall be punishable
as such.
S ec. 1736 (as amended by chapter 21, Acts o f 1911). The period
1227
Violation,
Eight-hour
o f employment of working men in all underground mines o r j ^ in mines>
workings, including railroad or other tunnels, shall be eight (8)
hours per day, except in cases o f emergency where life and prop
erty is in imminent danger.
S ec. 1739. A period o f eight (8 ) hours shall constitute a day’s
L i mi t o f
work on all works or undertakings carried on or aided by any eight hours on
municipal, county, or State government, and on all contracts le t 1
works,
by them, and in mills and smelters for the treatment o f ores, and
in underground mines, and in the washing, reducing or treatment
o f coal.
S ec. 1740. Every person, corporation, stock company or associaViolations,
tion o f persons who violate[s] any o f the provisions o f section
1739 (1) of this act shall be guilty o f a misdemeanor, and upon
conviction thereof shall be punished by a fine o f not less than one
hundred (100) dollars nor more than five hundred ($500) dollars,
or by imprisonment in the county ja il for not less than thirty
days nor more than six months, or by both such fine and im
prisonment.
Employing a workman in a mine in excess of the period fixed by this
statute is legal negligence; the defenses of assumed risks and contributory
negligence are not abolished, however, and the employee’s act in working
overtime was also a violation of the law and a contributing proximate
cause, so that he can not recover damages for the resultant injury
incurred during such unlawful employment. 130 Pac. 441.
S ec. 1741. On all lines o f steam railroads or railways operated Limit of sixin whole or in part, within this State the time o f labor o f locomo- railways!^ ° a
live engineers, locomotive firemen, conductors, trainmen, operators
and agents acting as operators, employed in running or operating
the locomotive engines or trains on or over such railroads or rail
ways in this State, shall not at any time exceed sixteen (16) con
secutive hours or to be on duty for more than sixteen (16) hours
in the aggregate in any twenty-four (24) hour period. At least
eight (8) hours shall be allowed them off duty before said engi
neers, firemen, conductors, trainmen, operators and agents acting
as operators, are again ordered or required to go on duty: Pro
vided, however, That nothing in this section shall be construed to
allow any engineer, fireman, conductor or trainman to desert his
locomotive or train in case o f accident, storms, wrecks, washouts,
snow blockade or any unavoidable delay arising from like causes,
or to allow said engineer, fireman, conductor or trainman to tie
up any passenger or mail train between terminals.
Sec. 1742. Any railroad company or superintendent, train dis- Violations,
patcher, train master, master mechanic or other railroad or rail
way official who shall order or require any locomotive engineer,
locomotive fireman, conductor, trainman, operator or agent acting
as operator, to labor contrary to the provisions o f section 1741 (1)
o f this act [sic] shall be deemed guilty o f a misdemeanor and on
conviction thereof shall be punished by a fine o f not less than
one hundred ($100) dollars or more than five hundred ($500)
dollars, or by imprisonment o f not less than thirty days or more
than sixty days in the county ja il; and all railroad or railway
corporations operating lines o f railroads or railways in whole or
in part in this State, shall be liable in damages for all injuries to
any person or persons resulting from violations o f the provisions
o f section 1741 (1) o f this act.
S ec. 1743. The provisions o f section 1741 (1 ) o f this act shall Relief trains,
not apply to relief or wreck trains.
The provision as to employees on railways is constitutional.
945.
93 Pac.
1228
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Payment of -wages in scrip.
Wages to he
Section 1744. It shall be unlawful for any person, firm, com-
1-aid in money, pany, corporation or trust, or the business manager or agent o f
rroviso.
renalty.
any such person, firm, company, corporation or trust, to sell,
give, deliver or [issue] in any way, directly or indirectly, to any
person employed by him, or it in payment o f wages due or to
become due, any script [scrip], token, check, draft, order, credit,
or any book of account or other evidence o f indebtedness payable
to bearer or to his assignees, except as hereinafter provided, but
such wages shall be paid only in lawful money o f the United
States, or by check or draft drawn upon some bank in which
such person, firm, company, corporation or trust, or the agent or
business manager of such person, firm, company, corporation or
trust, has money upon deposit to cash the same, and no assign
ment o f any wages due, or to become due to any employee, shall
be made to any person, firm, company, corporation or trust, or
the business manager or agent of any such person, firm, company,
corporation or trust, or to anyone interested, directly or indi
rectly in any firm, company, corporation, or trust employing said
laborer. And any contract to the contrary shall be void: Provided, however, This shall not prevent ranchmen, farmers, lumber
camps, or mining camps from supplying their employees or paying
said employees in other than cash or check where there is no
bank or other store than that owned by said employers at which
said employees may purchase supplies, or cash their bankable
checks received for their labor.
Sec. 1745. Every person, company, corporation or trust, or agent
or business manager of such person, firm, company, corporation or
trust, who violates any of the provisions o f this act [secs. 17441745], shall be guilty o f a misdemeanor, and upon conviction
thereof, shall be subject to a fine o f not less than one hundred
($100) dollars, or more than five hundred ($500) dollars, or by
imprisonment in the county jail of not less than one month, or
more than six months, or by both such fine and imprisonment.
Employment of children— General provisions.
Age limit.
Section 174G. Any person, company, firm, association, or cor
poration engaged in business in this State, or any agent, officer,
foreman or other employee having control or management o f em
ployees, or having the power to hire or discharge employees, who
shall knowingly employ or permit to be employed any child under
the age o f sixteen years, to render or perform any service or
labor, whether under contract o f employment or otherwise, in, on,
or about any mine, mill, smelter, workshop, factory, steam, elec
tric, hydraulic, or compressed air railroad, or passenger or freight
elevator, or where any machinery is operated, or for any tele
graph, telephone or messenger company, or in any occupation not
herein enumerated which is known to be dangerous or unhealth
ful, or which may be in any way detrimental to the morals of said
child, shall be guilty o f a misdemeanor and punishable as here
inafter provided.
Hiring o u t
Sec. 1747. Any parent, guardian or other person having the
children.
care, custody or control of any child under the age o f sixteen
years, who shall permit, suffer or allow any such child to work or
perform service for any person, company, firm, association or
corporation doing business in this State, or who shall permit or
allow any such child over whom he has such care, custody or
control, to retain such employment as is prohibited in section
1746 (1) o f this act, whether under contract o f employment or
not, shall be guilty o f a misdemeanor and punishable as herein
after provided.
List*
Sec. 1748. The commissioner o f the bureau o f agriculture,
labor and industry shall compile and preserve in his office from
reports made to him by the county superintendent o f schools, as
LABOR LAWS----MONTANA----REVISED CODES— 1907.
1229
otherwise provided, a full and complete list o f the name, age,
date of birth and sex of each child, and the names o f the parents
or guardians o f each child under the age o f sixteen years who is
now or may hereafter become a resident o f this State, and such
list shall be the official record o f the age of children in this
State.
Certificate.
Sec. 1749. Upon attaining the age of sixteen years any child
may make application to the commissioner of the bureau o f agri
culture, labor and industry for an age certificate, which must be
presented to any employer with w
’hom such child may seek em
ployment. The employer, if such employment be given, must
countersign the certificate, and return the same to the commis
sioner of said bureau, who shall keep the same on file in his
Violation.
office. Any person, firm, company, association or corporation
who employs or permits to be employed in any occupation pro
hibited in section 1746 (1) o f this act, any child without such
certificate showing the child to be at least sixteen years o f age,
shall be guilty o f a misdemeanor and punishable as hereinafter
provided, should such child prove to be less than sixteen years o f
age.
Sec. 1750. To enforce this act the commissioner o f the bureau Enforcement.
o f agriculture, labor and industry, the bureau o f child and animal
protection and all county attorneys shall, each upon their own
volition, or upon the sworn complaint o f any reputable citizen
that this act is being violated, make prosecutions for such viola
tions.
Sec. 1751. Every person, firm, company, association or corpora Penalty.
tion who violates any of the provisions o f this act [secs. 17461751] shall be guilty o f a misdemeanor, and upon conviction
thereof shall be punished by a fine o f not less than twenty-five
dollars nor more than five hundred dollars, or by imprisonment
in the county jail for a period o f not less than thirty days nor
more than six months, or by both such fine and imprisonment.
Employment
Sec. 1752. Any person, corporation, stock company or associa
tion o f persons, owning or operating any underground mine, or of children in
mines.
any officer, agent, foreman or boss, having the control or manage
ment o f employees, or having the power to hire or discharge em
ployees, who shall employ, or knowingly permit to be employed,
any child under the age o f sixteen years, for work or service in
any such mine, or the underground workings thereof, or permit
or allow any such child to render or perform any work or service
whatever in such mine, whether under contract o f employment or
otherwise, shall be guilty of a misdemeanor and punishable as
hereinafter provided.
Sec. 1753. Any parent, guardian or other person having the .Violations by
care, custody, or control o f any child under the age o f sixteen parents.
years, who shall permit, suffer, or allow such child, to work in any
mine having underground workings, or who shall permit or allow
any such child over whom they may have such care, custody, or
control to retain employment in any such mine, or who, after
having knowledge that any such child has taken employment in
any such mine, or is performing work or service therein, whether
under contract o f employment or not, shall fail forthwith to
notify the person or corporation owning or operating such mine,
or some officer, foreman or employee thereof having the power to
hire or discharge employees, o f the age o f such child, shall be
guilty o f a misdemeanor and punishable as hereinafter provided.
Sec. 1754. Any person or corporation violating any o f the pro Penalty.
visions of this act [sec. 1752-1754] shall be guilty o f a misde
meanor, and upon conviction thereof shall be punished by a fine
not less than twenty-five ($25) dollars nor more than ($500)
five hundred dollars, or by imprisonment in the county jail for a
period of not less than thirty days nor more than six months,
or by both such fine and imprisonment.
1230
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Blacklisting— statement of d im e of discharge.
Preventing
S ection 1755. I f any person, after having discharged an emPloyee from his service prevents, or attempts to prevent, by word
discharged em
OY’ or writing o f any kind, such discharged employee from obtaining
TI
ployee.
employment with any other person, such person is punishable as
provided in section 8467 (656), o f the Penal Code, and is liable
in punitive damages to such discharged person, to be recovered by
civil action; no person is prohibited from informing, by word or
writing, any person to whom such discharged person or employee
has applied for employment, a truthful statement o f the reason
for such discharge.
Damages.
S ec. 1756. I f any company or corporation in this State author
izes or allows any o f its agents to blacklist, or any person does
blacklist, any discharged employee, or attempts by word or writ
ing, or any other means whatever, to prevent any discharged
employee, or any employee who may have voluntarily left said
company’s service, from obtaining employment with another per
son, except as provided for in the next preceding section, such
company or corporation or person, is liable in punitive damages
to such employee so prevented from obtaining employment, to
be recovered by him in civil action; and is also punishable as pro
vided in section 8467 ( 656) o f the Penal Code.
Reason f o r
S ec. 1757. It is the duty o f any person, after having discharged
furnished t0 1)6 any employee from his service, upon demand by such discharged
employee, to furnish him in writing a full, succinct and complete
statement o f the reason o f his discharge, and if such person
refuses so to do within a reasonable time after such demand, it
is unlawful thereafter for such person to furnish any statement
o f the reason o f such discharge to any person, or in any way to
blacklist or to prevent such discharged person from procuring
employment elsewhere, subject to the penalties and damages pre
scribed in this chapter.
Hours o f labor, etc., on irrigation ivories.
Eight hours
a day s labor,
S ection 2250.
* * * In all contracts let under this act
2238-2251] eight hours shall constitute a day’s work, and
no Mongolian shall be employed thereon.
Private employment offices.
License fee.
S ection 2758. License must be obtained for the purposes here
inafter named, for which the county treasurer must require pay
ment as follow s;
*
*
*
*
*
4. For each keeper o f an intelligence office, ten dollars per
quarter.
Laundries to be licensed.
Fee.
Proviso.
S ection 2776. Every person engaged in laundry business, other
than the steam-laundry business shall pay a license o f ten dollars
per quarter: Provided, That this act shall not apply to the women
engaged in the laundry business, where not more than two women
are engaged or employed or kept at work, and said license shall be
for one place o f business only.
This statute was held to be constitutional.
33 Sup. Ct. 102.
Earnings of minors.
Pay ment s
S ection 3757. The wages o f a minor employed in service may be
tice.
no’ paid him until the parent or guardian entitled thereto gives the
employer notice that he claims such wages.
LABOR LAWS----MONTANA----REVISED CODES----1907.
1231
Liability of railroad companies for injuries to employees.
S ection 4286. In every case tlie liability of the corporation to a
Acts of felservant or employee acting under the orders of his superior, shall low servants,
be the same in cases of injury sustained by default or wrongful
act of his superior, or to an employee not appointed or controlled
by him, as if such servant or employee were a passenger.
Railroads— Construction, etc., of caboose cars.
S ection 4338. It shall be unlawful for any person, corporation or
Length and
company operating any railroad or railway in this State to re-equipment,
quire or permit the use o f any caboose cars, unless said caboose
cars shall be at least twenty-four feet in length, exclusive o f plat
forms, and shall be provided with a door in each end thereof, and
with suitable water-closets, cupolas, platforms, guardrails, grab
irons and steps for the safety o f persons in alighting [from l or
getting on said caboose cars, and said caboose cars shall be
equipped with at least two four-wheel trucks;
Sec. 4339. Any person, corporation or company operating any
Violations,
railroad or railway in this State, violating any of the provisions of
section 4338(1), of this act [secs. 4338-4339], shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be
fined not less than five hundred dollars ($ 50 0), nor more than
one thousand dollars ($1,000), for each offense.
Accidents on railroads—Reports and investigations.
S ection 4379. The said board [o f railroad commissioners] or Investigation,
some members thereof, to be deputed by it, shall investigate and
make inquiry into every accident occurring in the operation o f any
railroad in this State, resulting in death or injury to any per
son, of such gravity as to require the attention o f a physician
or surgeon, or in the destruction o f property greater in value than
two thousand dollars. The testimony taken on any such hearing
shall be transcribed and filed in the office o f the board.
S ec. 4380. It is hereby made the duty o f every railroad company
Reports reoperating any line o f railroad within this State, promptly upon quired*
the occurrence or in connection with the operation o f its line
within the State, o f any accident such as is mentioned in the next
preceding section, to report the same to the board o f railroad com
missioners, in which report shall be stated the time and place o f
the accident, the names o f the persons killed or injured, and the
value o f any property destroyed.
Sec. 4381. The said board in making any examination or investi-. n W8rs 0 f
^
gation provided for in this act [secs. 4363-4399], shall have the
power to issue subpoenas for the attendance of witnesses, by such
rules as they may prescribe. Each witness shall receive the sum
of three dollars per day, together with the sum o f five cents per
mile traveled by the nearest practicable route in going to and
returning from the place o f meeting o f said commission. And no
witness furnished with free transportation shall receive mileage
for the distance he may have traveled on such free transporta
tion. No person shall be excused from attending or testifying, or
producing any books, papers, documents, or any thing or things,
before any court or magistrate, or commissioner or board, upon
any investigation, proceeding or trial under the provisions o f this
act or for any violation of any o f them, upon the ground or for
the reason that the testimony or evidence documentary or other
wise required o f him, may tend to convict him o f a crime, or to
subject him to a penalty or forfeiture; but no person shall be
prosecuted or subjected to any penalty or forfeiture for or on
account o f any transaction, matter or thing concerning which he
may so testify, or produce evidence; and no testimony or evidence
so given or produced shall be received against him upon any civil
or criminal proceeding, action or investigation.
1232
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Liability of employers fo r injuries to employees— Waivers.
Co n t r a c t s
invalid.
Section 5053. Any contract or agreement entered into by any
person, company or corporation, with its servants or employee
whereby such person, company o f [or] corporation shall be re
leased or discharged from liability or responsibility on account of
personal injuries received by such servants or employees while in
the service o f such person, company or corporation, by reason of
the negligence o f such person, company or corporation, or the
agents or employees thereof, shall be absolutely null and void.
Employment of labor— General provisions.
Contract de
Section 5241. The contract of employment is a contract by which
fined.
one, who is called the employer, engages another, who is called
the employee, to do something for the benefit o f the employer or
of a third person.
Employees to
Sec. 5242. An employer must indemnify his employee, except as
be indemnified,
prescribed in the next section, 5243, for all that he necessarily
when.
expends or loses in direct consequence o f the discharge of his
duties as such, or o f his obedience to the directions o f the em
ployer, even though unlawful, unless the employee, at the time of
obeying such directions, believed them to be unlawful.
Ordinary
Sec. 5243. An employer is not bound to indemnify his employee
risks.
for losses suffered by the latter in consequence of the ordinary
risks o f the business in which he is employed.
Want of care.
Sec. 5244. An employer must in all cases indemnify his em
ployee for losses caused by the former’s want o f ordinary care.
Acts of su
Sec. 5248. Every company, corporation, or individual operating
perintendents
and others in any mine, smelter, or mill for the refining o f ores shall be liable
for any damages sustained by any employees thereof within this
mines, etc.
State, without contributing negligence on his part, when such
damage is caused by the negligence o f any superintendent, fore
man, shiftboss, hoisting, or other engineer, or crane men.
This section takes away the defense of fellow-service in the cases
enumerated* hut does not affect that of contributory negligence, which,
however, must he pleaded unless it appears from the employee’s own
pleading or proof. 132 Pac. 552.
Contracts.
Sec. 5249. No contract o f insurance, relief, benefit, or indemnity
in case of injury or death, nor any other contract entered into be
fore the injury, between the person injured and any o f the em
ployers named in this act [secs. 524S-5250] shall constitute any
bar or defense to any cause of action brought under the provi
sion o f this act.
Death.
Sec. 5250. In case of the death o f any such employees in con
sequence o f any injury or damages so sustained, the right of
action shall survive and may be prosecuted and maintained by its
heirs, or personal representatives.
Acts of em
Sec. 5251. Every person or corporation operating a railway or
ployees.
railroad in this State shall be liable for all damages sustained by
any employee o f such person or corporation in consequence o f the
neglect o f any other employee or employees thereof, or by the mis
management o f any other employee or employees thereof, and in
consequence o f the willful wrongs, whether o f commission or omis
sion, o f any other employee or employees thereof, when such
neglect, mismanagement or wrongs, are in any manner connected
with the use and operation o f any railway or railroad on or about
which they shall be employed, and no contract which restricts
such liability shall be legal or binding.
Death.
Sec. 5252. In case o f the death o f any such employee in conse
quence o f any injury or damage so sustained, the right of action
shall survive and may be prosecuted and maintained by his heirs
or personal representatives.
A similar law which this supersedes was held to apply to all persons
engaged in operating the road, and to be constitutional. 92 Pac. Rep. 469.
LABOR LAWS----MONTANA----REVISED CODES----1907.
Sec. 5253. One wlio, without consideration, undertakes to do a
sejtvice for another, is not bound to perform the same, but if he
acwaally enters upon its performance, he must use at least slight
care and diligence therein.
1233
Service withco dera-
Sec. 5254. One who, by his own special request, induces another Employment
to intrust him with the performance of a service, must perform on request,
the same fully. In other cases, one who undertakes a gratuitous
service may relinquish it at any time.
Sec. 5255. A gratuitous employee, who accepts a written power
Ac c ept i ng
o f attorney, must act under it so long as it remains in force, o rw rit*en power
until he gives notice to his employer that he will not do so.
0 a orneySec. 5256. One who, for a good consideration, agrees to serve Service f o r
another, must perform the service, and must use ordinary care consideration,
and diligence therein, so long as he is thus employed.
Sec. 5257. One who is employed at his own request to do that
Service for
which is more for his own advantage than for that of his em- vantage,
ployer, must use great care and diligence therein to protect the
interest o f the latter.
Sec. 5258. A contract to render personal service, other than a Limit of term
contract of apprenticeship, * * * can not be enforced against of con*ract.
the employee beyond the term o f two years from the commence
ment o f service under i t ; but if the employee voluntarily continues
his service under it beyond that time, the contract may be referred
to as affording a presumptive measure of the compensation.
Sec. 5259. An employee must substantially comply with all the Obedience to
directions of his employer concerning the service on which he is orders,
engaged, except where such obedience is impossible or unlawful,
or would impose new and unreasonable burdens upon the employee.
Sec. 5260. An employee must perform his service in conformity
usage of
to the usage of the place o f performance, unless otherwise directed place,
by his employer, or unless it is impracticable, or manifestly in
jurious to his employer to do so.
Sec. 5261. An employee is bound to exercise a reasonable degree ® e s r e e of
of skill, unless his employer has notice, before employing him, of
his want o f skill.
S ec. 5262. An employee is always bound to use such skill as he Same subject,
possesses, so far as the same is required, for the service specified.
S ec. 5263. Everything which an employee acquires by virtue o f
Acquisitions
his employment, except the compensation, if any, which is due t o l,y emPioyee.
him from his employer, belongs to the latter, whether acquired
lawfully or unlawfully, or during or after the expiration of the
term of his employment.
Sec. 5264. An employee must, on demand, render to his employer
Accounts,
just accounts o f all his transactions in the course of his service,
as often as may be reasonable, and must, without demand, give
prompt notice to his employer of everything which he receives for
his account.
Sec. 5265. An employee who receives anything on account of
G o o d s rehis employer, in any capacity other than that of a mere servant, ceived may be
is not bound to deliver it to him until demanded, and is not at
until de~
liberty to send it to him from a distance, without demand, in any
mode involving greater risk than its retention by the employee
himself.
Sec. 5266. An employee who has any business to transact on his
Empl oyer’ s
own account, similar to that intrusted to him by his employer,business h a s
must always give the latter the preference.
precedence.
Sec. 5267. An employee who is expressly authorized to employ
Substitutes,
a substitute is liable to his principal only for want o f ordinary
care in his selection. The substitute is directly responsible to the
principal.
Sec. 5268. An employee who is guilty o f a culpable degree o f ' C u l p a b l e
negligence is liable to his employer for the damage thereby caused negligence,
to the latter; and the employer is liable to him, if the service is
not gratuitous, for the value o f such services only as are properly
rendered.
39387°—Bull. 148, pt 2—14------ 2
1234
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Survivor o f
gEc. 5269. Wliere service is to be rendered by two or more perJointly, and one of them dies, the survivor must act alone, if
the service to be rendered is such as he can rightly perform with
out the aid of the deceased person, but not otherwise.
Termination
Sec. 5271. Every employment in which the power o f the emof employment. pioyee is not coupled with an interest in its subject is terminated
by notice to him o f :
1. The death o f the employer; or,
2. His legal incapacity to contract.
ees.
em p ° y
Same subject.
sous
gE >
C
5272. Every em|)loyment is terminated:
1.
2.
3.
4.
By the expiration o f its appointed term.
By the extinction of its subject.
By the death o f the emi>loyee; or
By his legal incapacity to act as sucli.
Continuance
Sec. 5273. An employee, unless the term of his service has exemDio\^th °f
or un^
ess fce has a right to discontinue it at any time with
out notice, must continue his service after notice o f the death or
incapacity o f his employer, so far as is necessary to protect from
serious injury the interests o f the employer’s successor in interest,
until a reasonable time after notice o f the facts has been commu
nicated to such successor. The successor must compensate the
employee for such service according to the terms o f the contract
o f employment.
Termination
Sec. 5274. An employment having no specified term, may be terat will.
minated at the will o f either party, on notice to the other, except
where otherwise provided by this title [secs. 5241-5295].
duty1 1>yCe m^EC*
An employment, even for a specified term, may be terpioyee;
" minated at any time by the employer, in case o f any willful breach
o f duty by the employee in the course o f his employment, or in
case o f his habitual neglect o f his duty or continued incapacity to
perform it.
By employer.
gEC. 5276. An employment, even for a specified term, may be ter
minated by the employee at any time, in case of any willful or
jiermanent breach o f obligations o f his employer to him as an
employee.
Forfeiture of
gE 5277. An employee, dismissed by his employer for good
C
wages.
cause, is not entitled to any compensation for services rendered
since the last day upon which a payment became due to him under
the contract.
"Proportionate S ec. 5278. A n employee who quits the service o f his employer
compensation. ^Q ^(X)^ cause^
T
entitled to such proportion of the compensation
which would become due in case of full performance, as the serv
ices which he has already rendered, bear to the services which he
was to render as full performance.
Definition.
S ec. 5279. A servant is one who is employed to render personal
service to his employer, otherwise than in the pursuit o f an inde
pendent calling, and who in such service remains entirely under
the control and direction o f the latter, who is called his master.
Measure o f
Sec. 5280. A servant is presumed to have been hired for such
icem °£ serv" length of time as the parties adopt for the estimation o f wages.
A hiring at a yearly rate is presumed to be for one y ea r; a hiring
at a daily rate, for one day; a hiring by piecework, for no speci
fied term.
Monthly term sec . 528I. In the absence of any agreement or custom as to the
presumed.
term of service? the time o f payment, or rate or value o f wages, a
servant is presumed to be hired by the month, at a monthly rate
of reasonable wages, to be paid when the service is performed.
sumed^when8 Seg*
Wliere> after the expiration of an agreement respect’
* ing the wages and the term o f service, the parties continue the
relation o f master and servant, they are presumed to have renewed
the agreement for the same wages and term of service.
Empl oyee’ s
Sec. 5283. The entire time of a domestic servant belongs to the
Ten hours a master’ an(*
^ me
otlier servants to such extent as is usual
day’s work.
in the business in which they serve, not exceeding in any case ten
.
hours in the day.
o'oods etcf
S ec. 5284. A servant must deliver to his master, as soon as with
reasonable diligence he can find him, everything that he receives
LABOR LAWS----MONTANA----REVISED CODES----1907.
1235
for his account, without demand; but he is not bound without
orders from his master, to send anything to him through another
person.
S ec. 5285. A master may discharge any servant, other than an Discharge for
apprentice, whether engaged for a fixed term or n o t:
cause.
1. I f he is guilty o f misconduct in the course of his service, or
of gross immorality, though unconnected with the same; or,
2. If, being employed about the person o f his master, or in a
confidential position, the master discovers that he has been guilty
of misconduct, before or after the commencement of his service,
of such a nature that if the master had known or contemplated it,
he would not have so employed him.
S ec . 5295. One who officiously, and without the consent of the
Service withreal or apparent owner o f a thing, takes it into his possession for ^ n t. 6
the purpose of rendering service about it, must complete such serv
ice, and use ordinary care, diligence, and reasonable skill about
the same. He is not entitled to any compensation for his service
or expenses, except that he may deduct actual and necessary ex
penses, incurred by him about such service from any profits which
his service has caused the thing to acquire for its, owner, and
must account to the owner for the residue.
Injunctions in labor disputes.
S ection 6121 (as amended by chapter 28, Acts of 1913). An
injunction can not be granted:
*
*
*
*
*
8. In labor disputes under any other or different circumstances When not to
or conditions, than if the controversy were o f another or different he slanted,
character, or between parties neither or none of whom were
laborers or interested in labor questions.
Wages as preferred claims— In assignments. etc.
S ection 6140. In all assignments o f property made by any perWages to l>
e
son, association, corporation, copartnership, chartered company or Paid firstcorporation, to trustees or assignees on account o f inability o f the
assignor or assignors at the time o f the assignment to pay his
or their debts, or in proceedings in insolvency, the wages of the
miners, mechanics, salesmen, servants, clerks or laborers employed
by such assignor or assignors for services rendered within sixty
days immediately previous to such assignment, not to exceed two
hundred dollars for each person, are preferred claims, and must
be paid by such trustees or assignees before any other creditor or
creditors of such assignor.
Exemption of wages from execution.
S ection 6825 (as amended by chapter 48, Acts of 1013). * * *
Thirty days’
there shall be exempt to all judgment debtors who are married, or f^ ^ w h e n *
who are heads o f families, the following property:
'
*
*
*
*
*
7. The earnings o f the judgment debtor for his personal services
rendered at any time within forty-five days next preceding the levy
of execution or attachment, when it appears by the debtor’s affi
davit or otherwise that such earnings are necessary for the use
of his family, supported in whole or in part by his labor; but
where debts are incurred by any such person or his wife or family
for the common necessaries of life, then the one-half of such earn
ings above mentioned are nevertheless subject to execution, gar
nishment and attachment, to satisfy debts so incurred. The words
“ his family ” as used herein, are to be construed with the words
“ head of family ” as used in section 4718 (1694) of the Civil Code.
*
*
*
*
*
1236
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Suits for wages— Attorneys' fees .
Fees to
allowed.
"b
e
Section 7167. In an action to establish a claim for salary or
wages under the provisions of * * * [Secs. 7302-7308] the
court must allow as costs a reasonable attorney's fee to each
claimant who establishes his claim as provided in section 7302 of
this code.
Wages as preferred claims—In assignments, etc.
Wages to be
Section 7302. In all assignments o f property made by any perpaid first.
gon
trustees or assignees on account o f the inability o f the per
son, at the time o f the assignment, to pay his debts, or in proceed
ings o f insolvency, the wages o f the miners, mechanics, salesmen,
servants, clerks, or the laborers employed by such person, to the
amount o f two hundred dollars each and for services rendered
within sixty days previously, are preferred claims, and must be
paid by such trustees or assignees before any other creditor or
creditors o f the assignor.
Order of payS ec. 7303. In case o f the death of any employer the wages o f
mands in ad-eacl1 miner, mechanic, salesman, clerk, servant and laborer for
ministration, services rendered within sixty days next preceding the death of
the employer, not exceeding two hundred dollars, rank in priority
next after the funeral expenses, expenses o f the last sickness, the
charges and expenses o f administering upon the estate, and the
allowance to the widow and infant children, and must be paid
before other claims against the estate o f the deceased person.
Wage claims
gEC 7304. In case o f executions, attachments and writs o f simin
etc. ex u 10 , jar nature> igslie<i against any person, except for claims for labor
done, any miners, mechanics, salesmen, servants, clerks, or la
borers who have claims against the defendant for labor done,
may give notice o f their claims and the amount thereof, sworn to
by the person making the claim, to the parties plaintiff and defend
ant to the action in which such execution, attachment or other
writ has been issued, and upon the officer executing the same.
Service o f notice herein required may be made upon the officer
charged with the execution o f such writ in one or more cases that
may be pending against such person, who shall forthwith serve
such notice and claim, by copy, upon the said parties, plaintiff
and defendant, i f found in the county where such action is pend
ing, or upon their respective attorneys employed in such case or
cases pending.
Service v Da
Sec*
Tlie officer serving said notice and claim shall forthment, ’ etc.
~with, after such service o f the same, make return thereof, showing
such service, where and how made. Service may be made in any
case at any time before the actual sale of the property levied upon
in such pending action, and unless such claim is disputed by the
debtor or a creditor or party plaintiff, such officer must pay such
person out o f the proceeds o f the sale the amount he is entitled
to receive for services rendered within the sixty days next pre
ceding the levy o f the writ, not exceeding two hundred dollars.
I f any or all o f the claims so presented, and claiming preference
under this chapter, are disputed by either the debtor or a creditor,
the person presenting the same must commence an action within
ten days after notice o f such dispute is served upon such claimant,
as provided for in the next section, for the recovery thereof; and
the officer must retain possession o f so much of the proceeds o f the
sale as may be necessary to satisfy such claim and costs until the
final determination o f such action; and in case judgment be had,
the costs are a preferred claim, which may include a reasonable
attorney’s fee.
Cont es t ed
Sec. 7306. The debtor or creditor intending to dispute any claim
claims.
presented under the provisions of the last section shall, within
ten days after receiving notice of such claim, serve upon the
claimant and officer holding such execution, attachment or other
writ, a statement in writing, verified by the oath of the debtor or
person disputing such claim for services, setting forth that no part
o f said claim, not exceeding a sum specified, is justly due from
http://fraser.stlouisfed.org/
the
Federal Reserve Bank of St. Louis debtor to the claimant for services rendered within the sixty
LABOB LAWS— MONTANA----REVISED CODES----1901.
1237
days next preceding the levy of the execution, attachment or
other writ, as the case may be. I f the claimant bring suit on a
claim which is disputed in part only, and fail to recover a sum
exceeding that which was admitted to be due, he shall not re
cover costs, but costs shall be adjudged! against him; and where
such claimant fails to bring suit upon his claim, which is disputed
in party [part] only, he shall be deemed to have waived that por
tion of his claim disputed.
Sec. 7307. 'Persons having the preferred claims mentioned in L i e n s o f
this chapter, are entitled to a lien upon the property attached or claimants,
levied upon, and if said claims are not disputed, or if a judgment
is recovered for the same, the officer must pay such claims out o f
the property, and the original action can not be dismissed without
the consent of the owners o f such preferred claims.
S ec. 7308. Nothing in this chapter shall be construed so as to
A c t conaffect any lien, incumbrance or mortgage held by any creditor o f strued*
such employer prior to said sixty days.
Protection of employees, etc.f as voters.
Section 8172. The following jiersons shall be deemed to be guilty
Threatening
o f the offense of “ undue influence,” and shall be punishable ac- discharge, etc.
cordingly by a penalty o f not less than two hundred dollars, nor
more than five thousand dollars, and by imprisonment for not to
exceed two years in the penitentiary:
1. Every person who, directly or indirectly, by himself, or by
any other person on his behalf, makes use of, or threatens to make
use o f any force, violence or restraint, or inflicts or threatens the
infliction by himself or by or through any other person, of any
injury, damage, harm or loss o f employment, position, trade, in
fluence, or in any manner practices intimidation upon, or against
any person, in order to induce or compel such person to register
or vote or refrain from registering or voting, or on account of such
person having voted or refrained from voting, at any election.
*
*
*
*
*
*
*
Sec. 8173. It shall be unlawful fo r any employer, in paying his
Attempting
employees the salary or wages due them, to enclose their pay in {S0y eege ilc e em "
fl u
“ pay envelopes ” upon which there is written or printed the name
of any candidate or political mottoes, devices or arguments con
taining threats or promise, express or implied, calculated or in
tended to influence the political opinions or actions o f such em
ployees. Nor shall it be lawful for an employer, within ninety
days of an election, to put up or otherwise exhibit in his factory,
workshop, or other establishment or place where his workmen or
employees may be working, any handbill or placard containing
any threat or promise, notice or information, that in case any
particular ticket or political party, or organization, or candi
date, shall be elected, work in his place or establishment will
cease, in whole or in part, or shall be continued or increased, or
his place or establishment be closed up, or the salaries or wages
o f his workmen or employees be reduced or increased, or other
threats, or promises, express or implied, intended or calculated to
influence the political opinions or actions of his workmen or em
ployees. This section shall apply to corporations as well as indi
viduals, and any person violating the provisions o f this section is
guilty o f a misdemeanor, and shall be punished by a fine of not
less than twenty-five dollars nor more than five hundred dollars,
and imprisonment not exceeding six months in the county jail,
and any corporation violating this section shall be punished by
fine not to exceed five thousand dollars, or forfeit its charter, or
both such fine and forfeiture.
Labor combinations not unlawful..
Section 8289. The provisions of this chapter [sec-s. 8284-8289]
Agreements
do not apply to any arrangement, agreement or combination b
e
- gm
en
tween laborers made with the object o f lessening the number of
1238
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
hours of labor or increasing wages, nor to persons engaged in
horticulture or agriculture, with a view of enhancing the price
of their products.
Employment of children— Certain employments forbidden.
mendicant0 ao<> S ection 8347. Any person, whether as parent, relative, guardian,
cupations.
employer or otherwise, having in his care, custody or control any
child under the age o f sixteen years, who shall sell, apprentice, give
away, let out or otherwise dispose o f any such child to any person,
under any name, title or pretense, for the vocation, use, occupation,
calling, service or purpose of singing, playing on musical instru
ments, ropewalking, dancing, begging or peddling in any public
street or highway, or in any mendicant or wandering business
whatever, and any person who shall take, receive, hire, employ,
use or have in custody any child for such purposes, or either o f
them, is guilty o f a misdemeanor.
Employment
S ec. 8349. Every person who receives or employs any child under
m mmes, etc. f ourteen years o f age in any underground works or mine, or in
any similar business, is punishable by a fine not exceeding one
thousand dollars.
Sunday labor—Barbers.
S ection 8370. It is unlawful to conduct the business of hair
"cutting, shaving or shampooing, or to open barber shops for the
doing o f such business, on Sunday.
gEC^ gSll. Any person violating the provisions o f this act is
guilty o f a misdemeanor and upon conviction thereof shall be fined
for the first offense, not less than fifteen dollars and not to exceed
fifty dollars and for any subsequent violation, a fine not less than
twenty-five dollars and not exceeding one hundred dollars shall be
imposed.
iosedP
ont^une
Penalty.
Negligence of operators o f steam boilers.
NegligenceenSection 8443. Every engineer or other person having charge o f
dangering ku-any steam boiler, steam engine, or other apparatus for generating
man life.
or employing steam, used in any manufactory, steamboat, railway,
mining, milling or other mechanical works, who willfully or from
ignorance, or gross neglect, creates, or allows to be created, such an
undue quantity o f steam as to burst or break the boiler, or engine
or apparatus, or cause any other accident whereby human life is
endangered, is guilty o f a felony.
Using uninS ec. 8444 (as amended by chapter 30, Acts o f 1913). Every perspected engine son * * * who operates or causes to be operated any steam
or boiler.
engine or boiler without having the same inspected and the in
spector’s certificate issued thereon as required by law, or who
violates any o f the provisions o f section 1639 to and including
section 1659 o f the Revised Codes o f 1907 as amended ♦ ♦ *
shall be deemed guilty o f a misdemeanor and upon conviction
Penalty.
thereof, where no other punishment is prescribed, shall be pun
ished by a fine o f not more than five hundred dollars or by im
prisonment in the county jail o f not exceeding six months, or by
both such fine and imprisonment.
Using unsafe ’Sec. 8445. Every owner, renter, or user o f a steam boiler, who
boiler. *
*
uses a boiler or steam engine which has become unsafe from any
cause, or has been notified by the boiler inspector or his assistant,
that such boiler or steam engine is unsafe from any defect, or that
repairs are necessary, and after such notice, uses the same, is pun
ishable by imprisonment in the county jail not exceeding three
months, or by fine not exceeding two hundred and fifty dollars, or
both.
False certiflSeo. 8446. I f the State boiler inspector, or assistant inspector,
cations.
willfully and falsely certifies regarding any steam boiler, steam
engine, or its attachments, or grants a license to any person to act
as engineer, contrary to law, he is punishable by imprisonment not
LABOR LAWS----MONTANA----REVISED CODES----1907.
1239
exceeding one year in the county jail, or by a fine not exceeding
five hundred dollars, or both.
Blacklisting.
S ection 8467. Every person who violates any of the provisions
of * * * [sections 1755, 1756 and 1757] o f the Political Code,
relating to the protection o f discharged employees, and the pre
vention o f blacklisting, is guilty o f a misdemeanor.
Penalty.
Employment of labor—False representations, etc.
S ection 8469. It shall be unlawful for any person or persons, so Deception.
ciety, company, association, corporation, or organization of any
kind, doing business in this State, to induce, influence, persuade
or engage workmen to change from one place to another in this
State, through or by means o f deception, misrepresentation and
false advertising concerning the kind or character o f the work, or
the sanitary or other conditions of employment, or as to the ex
istence o f a strike or other trouble pending between the employer
and the employees, at the time of, or immediately prior to such
engagement. Failure to state in any advertisement, proposal or N o t i c e of
contract for the employment o f workmen that there is a strike, strikes.
lockout, or other labor trouble at the place o f the proposed em
ployment, when in fact such strike, lockout or other trouble then
actually exists at such place, shall be deemed a false advertise
ment and misrepresentation for the purpose o f this a ct
Sec. 8470. Every person, company, corporation, society, associa Violation.
tion, or organization of any kind, doing business in this State,
violating any of the provisions of this act, is punishable by a fine
of not less than one hundred ($100) dollars, nor more than two
thousand ($2,000) dollars.
Recovery of
Sec. 8471. Any workman o f this State, or any workman of any
State, who has been, or shall be, influenced, induced or persuaded damages.
to engage with any person mentioned in section 8469 (1) o f this
act, through or by means o f any o f the things prohibited by this
act, shall have a right o f action for recovery o f all damages that
he has sustained in consequence of the deception, misrepresenta
tion and false advertising used to induce him to change his place
of employment, against any person [.] corporation, company or
association, directly or indirectly procuring such change, and in adsdition thereto, he shall recover reasonable attorney’s fees to be
fixed by the court and taxed as costs in any judgment recovered.
Protection o f employees in choice of boarding houses.
Section 8472. It shall be unlawful for any person, firm, com Coercion for
pany or corporation now operating, or who shall hereafter operate bidden.
a boarding house in connection with their general business, either
directly or through others, to compel an employee to board in such
boarding house against his will.
S ec. 8473. Any person, firm, company or corporation violating
Penalty.
any of 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.
Negligence of employees in charge o f steam boilers, railroad
cars, etc.
Negligence
S ection 847S. Every person having charge o f a steam boiler or causing death.
steam engine, or other apparatus for generating or employing
steam, used in any manufactory, or on a railroad, or in any ves
sel, or in any kind! o f mining, milling or mechanical works, who
willfully, or from ignorance or neglect, creates or allows to be
created such an undue quantity o f steam as to burst or break the
boiler, engine or apparatus, or to cause any other accident,
whereby the death of a human being is produced, is punishable by
1240
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
imprisonment in tlie State prison, for not less than one nor
more than ten years.
Same subject.
Sec. 8479. Every conductor, engineer, brakeman, switchman or
other person having charge, wholly or in part, o f any railroad
car, locomotive or train, who willfully or negligently suffers or
causes the same to collide with another car, locomotive or train,
or with any other object or thing, whereby the death of a human
being is produced, is punishable by imprisonment in the State
prison for not less than one nor more than ten years.
Intoxication.
gE > 8521. Every person who is intoxicated while in charge o f a
C
locomotive engine, or while as conductor or driver upon any rail
road car or train, whether propelled by steam or otherwise, or
while acting as train dispatcher, or as telegraph operator re
ceiving or transmitting dispatches, in relation to the movement o f
trains, is guilty o f a misdemeanor.
Endangering
Sec. 8523. Every engineer, conductor, brakeman, switch tender
1 c’
or other officer, agent, or servant o f any railroad company, who is
guilty o f any willful violation or omission of his duty as such
officer, agent or servant, whereby human life or safety is endan
gered, the punishment o f which is not otherwise prescribed, is
guilty o f a misdemeanor.
Mine regulations.
Section 8536. It is unlawful for any corporation to sink or
work, through any vertical shaft where mining cages are used,
to a greater depth than three hundred feet, unless said shaft shall
be provided with an iron-bonneted safety cage, to be used in
the lowering and hoisting o f the employees thereof, said cage
to be also provided with sheet iron or steel casing not less than
one-eighth inch in diameter; doors to be made o f the same ma
terial shall be hung on hinges, or may be made to slide and
shall not be less than five feet high from the bottom of the
cage, and said door[s] must be closed when lowering or hoisting
the men: Provided, That when such cage is used for sinking only,
it need not be equipped with such doors as are hereinbefore
provided for. The safety apparatus, whether consisting of ec
centrics, springs or other device, must be securely fastened to
the cage, and must be of sufficient strength to hold the cage loaded
at any depth to which the shaft may be sunk. The iron bonnet
o f the aforesaid cage must be made o f boiler sheet iron, o f good
quality, o f at least three-sixteenths o f an inch in thickness, and
must cover the top o f such cage in such manner as to afford
the greatest protection to life and limb from anything falling down
said shaft. It shall be the duty o f the mining inspector and
his assistant to see that all cages are kept in compliance with
this section and to also see that the safety dogs are kept in
good order. Every person or corporation failing to comply with
any of the provisions o f this section is punishable by a fine o f not
less than three hundred dollars, nor more than one thousand
dollars.
Stoping limSec. S537. It is unlawful for any corporation or person operat1 *
ing any mine in this State worked through a vertical or incline
shaft, to stope within a less distance than twenty-five (25) feet
of the said shaft, when other work is being carried on below said
stoping.
Speed o f
Sec. S538. It is unlawful for any person or corporation operatcage.
ing any mine in this State worked through a vertical or inclined
shaft, where a cage or other device is used for the purpose of
hoisting or lowering men to run such cage when men are upon the
same at a greater rate o f speed than eight hundred (800) feet per
minute.
Location of
Sec. 8539. It is unlawful for any person, company or corporashops, etc.
|-0 erect or maintain any building, or inclosure used for a
blacksmith shop or drying room within a distance o f fifty (50)
feet of the mouth o f any tunnel or shaft, unless the same shall be
fireproof in its construction.
Safety cages,
etc*
LABOR LAWS----MONTANA— REVISED CODES----1907.
1241
Penalty.
Sec. 8540. Tlie penalty for violating the provisions o f any of the
preceding sections is the same as provided in section 8536 ( 705)
of the Penal Code: Provided, That when it shall appear that any Proviso.
engineer has violated the express order of his employer in run
ning his engine at a greater speed than 800 feet per minute the
engineer alone shall be subject to prosecution, and to the fine
imposed by the provisions o f this act.
S ec. 8541. It is the duty o f any person, company or corporation, Escape shafts
who shall have sunk on any mine a vertical or incline to a required, when.
greater depth than one hundred feet, and who shall have the top
o f such shaft or hoisting opening covered or enclosed by a shaft or
building which is not fireproof, and who shall have drifted on or
along the vein or veins thereof, a distance o f two hundred feet or
more, after crosscutting to the same, and shall have commenced
to stope, to provide and maintain to the hoisting shaft or the open
ing through which men are let into or out o f the mine and the ore
is extracted, a second escapement shaft, raise, or opening, or an
underground opening or communication between every such mine Proviso.
and some other contiguous m ine; Provided, That in case such con
tiguous mine belongs to a different person, company, or corpora
tion, the right to use the outlet through such contiguous mine in
all cases when necessary, or in cases of accident must be secured
and kept in force. Where such an escapement shaft or opening
shall not be in existence at the time that stoping is commenced,
work upon such an escapement shaft or opening must be com
menced as soon as stoping begins and be diligently prosecuted until
the same is completed, and said escapement shaft, raise or opening
shall be continued to and connected with the lowest workings in
the mine. The exit, escapement shaft, raise, or opening provided
for in the foregoing paragraphs must be o f sufficient size as [sic]
to afford an easy passageway, and if it be a raise, or shaft, must be
provided with good and substantial ladders from the deepest work
ings to the surface. Whenever the exit or outlet herein provided
for is not in a direct or continuous course, signboards plainly
marked showing the direction to be taken must be placed at each
departure from the continuous course.
Application
Sec. 8542. This act shall apply only to quartz mines in which
nine or more men are employed underground, and shall not apply of law.
to mines not actually extracting ores, by stoping, nor to mines in
which the shaft or hoisting opening, or hauling way is not cov
ered by a shaft house?, and has no building structure within thirty
(30) feet of the shaft or opening, nor to mines in which the hoist
ing shaft or opening shall be covered by or enclosed in a fireproof
shaft or building.
Sec. 8543. The penalty for violating any of the provisions o f the Penalty.
preceding section is the same as provided in section 8536 (705) of
the Penal Code.
Sec. 8546. No person, company or corporation shall store, de Explosives.
posit or keep in any mine a greater quantity than three thousand
pounds of blasting powder, giant or Hercules powder, or other
highly explosive substance, and no explosives named in this sec
tion shall be stored, deposited or kept in any place where its
[their] accidental explosion would cut off the escape o f miners
working in said mine.
Sale of intoxicants near labor camps.
S ection 8555. Every person who sells, furnishes or gives away
Sale forbid
any spirituous or malt liquors, wine or cider, or any beverage den.
containing any intoxicating liquors, within five miles of any rail
road grade, irrigating ditch, or canal under course of construction,
or on any railroad grade on which track is being laid, or within
five miles of any logging camp, sawmill, mine, stone quarry, or
sheep-shearing camp in operation is punishable by imprisonment
in the county jail not exceeding sixty days, or a fine not exceed
ing one hundred ($100) dollars or by both such fine and imprison
The provisions of this section do not apply to the selling,
ment.
1242
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
furnishing or giving away intoxicating liquors, wine or cider
within the limits o f any town or city: Provided, That the word
“ town ” or “ city,” within the meaning of this act, shall include
all places and only such places as have a bona fide permanent
population of not less than thirty persons over the age o f twentyone years residing within the territory not exceeding one mile
square, and excluding from such enumeration all persons who
have not resided at least six months in such place, and also ex
cluding all employees, owners or agents engaged in any of the
above named businesses: Provided, That the provisions of this act
shall not apply to any person previously engaged in selling intoxi
cating liquors at a fixed place o f business, established six months
prior to the beginning of work in or upon, or the erection o f [or]
construction, or operation of any o f the things enumerated in this
act, or to his assigns.
Liability of employers for injuries to employees— Waivers—Ex
tortion,
Contracts re-
S ection 8676. Every person, company or corporation, which requires of its servants or employees, as a condition of their employ
ment or otherwise, any contract or agreement whereby such
person, company or corporation is released or discharged from
liability or responsibility on account o f personal injuries received
by such servants or employees, while in the service o f such per
son, company or corporation, by reason of the negligence of such
person, company or corporation, or the agents or employees there
of, is punishable by imprisonment in the State prison not exceed
ing five years, or by a fine not exceeding five thousand dollars, or
both.
Wage debts.
S ec. 8677. Every person, company or corporation, indebted to
another person for labor, or any agent of any person, copartner
ship, or corporation so indebted, who shall, with intent to secure
from such other person a discount upon the payment o f such in
debtedness, willfully refuse to pay the same, or falsely deny the
same, or the amount or validity thereof, or that the same is due,
is guilty of a misdemeanor: Provided, however, That nothing here
in contained shall prohibit any employer from fixing regular pay
days for the payment o f wages or salary earned in the calendar
month immediately preceding such pay days, except in cases
where the employee is discharged.
lfabiUty
Employment of labor—Foremen, etc., accepting fees.
Accepti ng
S ection 8678. Any superintendent, foreman, assistant, boss, or
fees forbidden, any other person, or persons, who shall receive, or solicit, or cause
to be received or solicited, any sum of money or other valuable
consideration, from any person for or on account o f the employ
ment, or the continuing o f the employment o f such person, or of
anyone else, or for, or on account of any promise, or agreement, to
employ or to continue to employ, any such person, or anyone else,
shall be guilty o f a misdemeanor and upon conviction shall be sub
ject to a fine o f not more than one thousand (1,000) dollars,
or undergo an imprisonment in the county jail of not more than
one (1) year, or both, at the discretion of the court.
Witnesses.
Sec. 8679. No person shall be excused from attending or testi
fying, or producing any books, papers, documents, or any thing, or
things before any court, or magistrate upon any investigation,
proceeding, or trial, for a violation of any of the provisions of this
act, upon the ground, or for the reason that the testimony, or evi
dence, documentary, or otherwise required o f him, may tend to
convict him of a crime, or to subject him to a penalty, or for
feiture; but no person shall be prosecuted or subjected to any
penalty, or forfeiture for or on account of any transaction, matter
or thing concerning which he may so testify, or produce evidence
o f documentary, or otherwise; and no testimony or evidence so
given, or produced shall be received against him in any civil or
criminal proceeding, action or investigation.
LABOR LAWS----MONTANA----REVISED CODES----1907.
1243
Labor organizations, etc.— Unauthorized use of badges.
S ection 8866. Any person wlio willfully wears tlie badge o f Unauthorized
* * * labor organizations, * * * o r 'u s e [s] the name t o use
’
obtain aid or assistance within this State, or willfully uses the
nan.e of such society, order or organization, the title o f its officers,
or its insignia, rituals or ceremonies, unless entitled to use or
wear the same under the constitution and by-laws, rules and regu
lations of such order, or o f such society, order or organization,
shall be guilty o f a misdemeanor, and, upon conviction, shall be
punished by imprisonment for a term not to exceed ninety days
in the county jail, or a fine not to exceed two hundred and no-100
($200) dollars, or by both such fine and imprisonment: Provided,
This shall not apply to the wives, daughters, sisters or mothers of
members o f these orders who are in good standing.
ACTS OF 1900.
C hapter 18.— Railroads—Headlights on locomotives.
Section 1. It shall be the duty of any person, corporation or
Headlights
company operating any railroad or railway in this State, within required,
one year after the passage of this act, to equip all locomotive
engines used in the transportation o f trains over said railroad
or railway with electric headlights o f not less than fifteen hun
dred (1500) eandlepower measured without the aid of a reflector,
or other headlights of not less than fifteen hundred (1500) candlepower measured without the aid o f a reflector: Provided, That
this act shall not apply to locomotive engines regularly used in
the switching of trains.
Sec. 2. Any person, corporation or company operating any railViolations
road or railway in this State violating the provisions of section 1
o f this act shall be deemed guilty o f a misdeamor [misdemeanor]
and, upon conviction thereof, shall be fined not less than one hun
dred ($100) dollars nor more than one thousand ($1,000) dollars
for each offense.
C hapter
75.—Hours of labor of telephone operators.
Section 1. On all lines of public telephones, operated in whole Nine hours a
or in part within this State, it shall hereafter be unlawful for day’s laborany owner, lessee, company or corporation to hire or employ any
operator or operators, other person or persons to run or operate
a telephone board or boards for more than nine (9) hours, in
twenty-four hours in cities or towns having a population of 3,000
inhabitants, or over: Provided, however, That the provisions of
this act shall not apply to any person or persons, operator or
operators, operating any telephone board or boards more than
nine (9) hours in each twenty-four for the purpose o f relieving
another employee in case of sickness or other unforeseen cause
or causes.
Sec . 2. Any owner, lessee, company or corporation, who shall
Violations,
violate any of the provisions o f this act shall upon conviction
be punished by a fine o f not less than one hundred ($100) dollars
nor more than five hundred ($500) dollars, and each and every
day that such owner, lessee, company or corporation, may con
tinue to violate any of the provisions of this act, shall be con
sidered a separate and distinct offence and shall be punished as
such.
C hapter 95.—Railroads— Medical aid for injured employees.
Section 1. In cases o f injuries to or received by any railroad . Nearest phytrainmen or employee of any railroad doing business in this State, gjf^Joiied7 ^
which said injuries shall have been received during the regular
course o f employment o f said railroad trainmen or employee, any
one of
said railroad trainmen or employee shall have the right,
1244
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
and is hereby empowered and given authority to call upon and
retain the services o f the nearest practicing physician or surgeon
to care for and treat any such injured trainmen or employee,
during and until such time as one o f the regularly employed and
paid physician or surgeon of such railroad corporation can and
is able to treat and care for said railroad trainmen or employee.
Fee.
S ec. 2. In cases where the services of any physician or surgeon
other than the regularly employed physician or surgeon of the
railroad corporation are retained and hired as provided in section
1, of this act, such physician or surgeon shall be compensated
and paid a reasonable fee for such services performed by him as
provided in section 1 o f this act.
Railroad to
Sec. 3. I f any railroad corporation refuses or neglects to pay
pay in reason- f or the services of any such physician as hereinbefore provided
able time.
for wm 1jn a reasonable time after such physician and surgeon
has rendered the services therefor, such railroad corporation shall
be guilty of a misdemeanor.
C hapter 07.—Antitrust law—Labor organizations exempt.
Exemption of
Section 2. The provisions of this act [forbidding monopolies
w a g e agree- and contracts in restraint o f trade] do not apply to any arrange-
ments‘
ments, agreement, or combination between laborers, made with
the object of lessening the number of hours of labor or increasing
wages.
C hapter 107.—Protection of employees on buildings.
Section 1. All scaffolds erected in this State for the use in
the erection, repair, alteration or removal of buildings, shall be
well and safely supported, and [of] sufficient width, and properly
secured, so as to insure the safety of persons working thereon
or passing thereunder, or by the same, and to prevent the falling
thereof, or of any material that may be used, placed or deposited
thereon.
Protective
gEc. 2. It shall be the duty of every owner, person or corfloors.
poration who shall have the direct and immediate supervision
or control o f the construction or remodeling of any building hav
ing more than three framed floors, whether some or all o f said
floors are above or below the established street grade, to pro
vide and lay upon the upper side of the joists or girders, or
both, o f the first floor below the riveters and structural street
[sic] setters, a plank floor, which shall be laid to form a good sub
stantial temporary floor for the protection of employees and all
persons engaged above or below or on such temporary floor in
such building: Provided, however, That where the permanent
floor is in place on the floor herein required to be planked, a
temporary protective floor, shall not be required.
I f the floor or permanent floor o f the second floor, or of any
other floor above the second, or roof, is being placed previous
to the permanent floor immediately below the floor which is
being arched or planked, a good substantial temporary floor shall
be laid on the joists and girders of the next lower floor. For
the purpose o f this section the lowest framed floor in the build
ing shall be considered the first floor.
Shields.
Sec. 3. In buildings more than three stories high where per
sons are working on a scaffold or scaffolds on the outside of such
Scaffolds.
e t c . , ll'toa
guarded.
buildings, such persons shall be protected by well-secured plank
ing, set over the heads of such persons for the full width of the
scaffolding on which they are working i f another story or stories
are being raised above such persons during the time they are
working on such outside scaffold or scaffolding,
S e c . 4. It shall be the duty of all owners, contractors, builders,
or persons having the direct and immediate control or supervision
of any buildings in course of erection which shall be more than
thirty feet high, to see that all stairways, elevator openings, flues
and all other openings in the floors shall be covered or properly
LABOR LAWS----MONTANA— ACTS OF 1909.
protected: Provided further, That wherever such building or
buildings over three stories high are being erected in any city or
town, other than a residence, temporary toilets in or convenient
to such building shall be maintained for the convenience o f em
ployees.
Sec. 5. Any person violating any o f the provisions o f the foregoing sections shall be fined not less than one hundred dollars nor
more than two hundred dollars for each offense. It is hereby
made the duty o f the building inspector, his deputy or other au
thorities in any county, city, town or village in the State, through
the county attorney or any other attorney, in case o f failure o f
such owner, person or corporation to comply with this act promptly,
to take the necessary steps to enforce the provisions of this act.
1245
Violations,
Enforcement,
C hapter 136.— Railroads— Safety appliances, etc.
Section 1. The railroad commission o f the State o f Montana Equipment
shall have full authority to, after notice and hearing, make and may *e ordered,
>
enforce rules and regulations providing for the installation on
and equipment of, trains, cars or engines, with safety appliances
and shall have authority to inspect the same and enforce regula
tions with regard thereto[,] such inspection[,] rules and regula
tions to be from time to time coextensive with the requirements
of, and in conformity to, the provisions o f the acts of Congress
and rules and regulations o f the Interstate Commerce Commission
as then effective.
Sec. 2. The railroad commission of the State o f Montana shall Inspection,
have the power and authority to examine and inspect all brakes
and brake equipment and, to, after notice and hearing, make and
enforce reasonable rules and regulations with respect to the ex
amination, inspection and repair thereof, with a view o f deter
mining the proper measure o f efficiency of said brakes and brake
equipment. Such rules and regulations to be from time to time
coextensive with the requirements of, and in conformity to the
provisions of the acts of Congress and rules and regulations of
the Interstate Commerce Commission as then effective.
ACTS OF 1911.
C hapter
29.—Liability of railroad companies for injuries to
employees.
Section 1. Every person or corporation operating a railroad in
Liability dethis State shall be liable in damages to any person suffering in -clarea*
jury while he is employed by such person or corporation so oper
ating any such railroad, or, in case o f the death o f such employee,
instantaneously or otherwise, to his or her personal representa
tive, for the benefit of the surviving widow or husband and chil
dren of such employee; and, i f none, then o f such employee's
parents; and, if none, then o f the next o f kin dependent, upon Acts of feisuch employee, for such injury or death resulting in whole or in low servants,
part from the negligence of any o f the officers, agents, or em
ployees of such person or corporation so operating such rail
road in or about the handling, movement or operation o f any
train, engine or car, on or over such railroad, or by reason of any Defective apdefect or insufficiency, due to its negligence, in its cars, engines, Prances, etc.
appliances, machinery, track, roadbed, works, boats, wharves or
other equipment.
S ec. 2. In all actions hereafter brought against any such per- Negligence to
son or corporation so operating such railroad, under or by virtue be measuiedof any of the provisions o f this act, the fact that the employee
may have been guilty o f contributory negligence shall not bar a
recovery, but the damages shall be diminished by the jury in pro
portion to the amount o f negligence attributable to such em
ployee : Provided, That no such employee who may be injured or
killed shall be held to have been guilty of contributory negligence
in any
case where the violation by such person or corporation so
1246
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
operating such railroad of any statute enacted for the safety of
employees contributed to the injury or death of such employee.
Rifiksih°tas
®EC*
emPloFee
any suck person or corporation so opsumed, w en. era^ing such railroad shall not be deemed to have assumed any
risk incident to his employment when such risk arises by reason
of the negligence of his employer or of any person in the service
of such employer.
+ C,°^emDtine
^EC* ^ Any contract> rille> regulation or device whatsoever, the
from liability, purpose or intent o f which shall be to enable any such person or
corporation so operating such railroad to exempt itself from any
liability created by this act shall, to that extent, be void: Pro
vided, That in any action brought against any such person or
corporation so operating such railroad, under or by virtue of any
Set-offs.
of the provisions of this act, such person or corporation may set
off therein any sum it has contributed 01* paid to any insurance,
relief benefit, or indemnity that may have been paid to the injured
employee, or the person entitled thereto, on account of the injury
or death for which said action is brought.
C hapter 56.— Assignments of tcages— Wage "brokers.
j J ^ n se
C e *
jtim
re‘
Section 1. From and after the passage of this act, no person,
company, corporation, or association, shall establish or conduct
the business o f wage broker within the State of Montana, unless
such person, company, corporation or association, shall have first
procured a license from the proper authorities as hereinafter pro
vided, and shall have executed a bond in such sum a s said author
ities m ay require for the faithful carrying out of the provisions
of this act, and o f the ordinances o f any town or city in which
such business may be carried on.
W h o m ay
Sec. 2. The board o f county commissioners o f any county in this
gran icen . gtate^ or^ in case sai(j fousiness be carried on in any incorporated
city or town, the city council or board o f trustees o f said city 01*
tt>wn, may in their discretion from time to time, grant license to
any person or persons, company, corporation, or association to con
duct or carry on the business of wage broker upon payment of
such sum thereof and upon such terms and conditions as the said
board o f county commissioners or city council 01* board of trustees
shlla [shall] by resolution or ordinance require.
W a g e brogEa
person, company, corporation, or association parting
ers*
with, giving or loaning money, either directly or indirectly to any
employee, or wage earner, upon the security of, or in consideration
of any assignment or transfer of wages or salary of such em
ployee, or wage earner, shall be deemed to be a wage broker
within the meaning o f this act.
be‘tpleciffcnt t0
^ EC*
assignment of his or her wages or salary by any em'
*
ployee or wage earner to any wage broker for his or her benefit
shall be valid or enforceable, nor shall any employer or debtor
recognize or honor such assignment for any purpose whatever,
unless it be for a fixed and definite part or all, of the wages or
salary theretofore earned.
Rate cf inSec. 5. No wage broker shall ask, demand or receive, either as
'terest.
compensation or interest, or in any other manner, directly or indi
rectly, any compensation or interest for the use o f money ad
vanced or loaned by him to any employee or wage earner in excess
o f twelve per cent per annum, and said compensation or rate of
interest shall be computed upon the amount actually advanced to,
and received by, the employee or wage earner and shall include
all commissions 01* compensation whatsoever to the wage broker
or any other person for making or procuring said loan.
wife's conS ec. 6. No assignments o f his wages or salary to a wage broker
s
by a married man, who shall have a wife, residing in this State
shall be valid or enforceable without the consent of his wife evi
denced by her signature to said assignment executed and acknowl
edged before a notary public or other officer empowered to take
acknowledgments, and no wage broker or person connected with
LABOR LAWS----MONTANA----ACTS OF 1911.
1247
him directly or indirectly sliall be authorized to take any such
acknowledgments.
Sec. 7. No assignment of wages or salary to a wage broker shall ^ N o t i c e to
be valid or enforceable unless notice in writing of the same accom- emp oyer*
panied by a copy of the assignment shall be given to the employer
within one day from the date of its execution; and all assign
ments shall be filed in the office o f the county clerk o f the county
Filing,
where the assignor resides, and no assignment shall be valid un
less so filed.
S ec. 8. Every purchase by a wage broker o f an assignment o f the
Assignments
wages or salary o f any emjiloyee or wage earner, shall be held and as
considered a loan, in the sum o f the amount, actually paid to and
received by such employee or wage earner, and shall be subject to
all the provisions o f this act.
S ec. 9. Any person, company, corporation or association and any
Violations,
officer, member, agent or employee thereof violating any or either
o f the provisions o f this act, shall be deemed guilty o f a misde
meanor, and upon conviction, shall be liable to a fine in the sum
o f not less than one hundred ($100) dollars nor more than five
hundred ($500) dollars for each offense, or to imprisonment in the
county jail for a period o f not to exceed ninety days, or both.
S ec. 10. Any note, bill or other evidence o f indebtedness and
What notes,
any assignment o f wages or salary given to or received by any e c’’ V 1 '
G
wage broker in violation o f any o f the provisions o f this act shall
be void, as against the creditors of the assignor or transferor
[transferrer].
C hapter
72.— Mine regulations— Quartz mines.
S ection 1. It shall be the duty o f all mining operators o f any
Ventilation,
and all quartz mines in this State, when working to a greater
depth than three hundred feet, or any general manager,, super
intendent, or foreman acting on behalf o f the above, whether said
mining property is operated by tunnel, shaft, or other opening,
to provide where necessary, feasible and practicable, a suitable
and practical method for ventilating said mine either by separate
shaft, or other mine working o f suitable size or capacity which
said ventilating system shall provide for the delivery o f air to
all portions of said mine that are being operated, and also pro
vide reasonable means for carrying away o f noxious fumes, gas,
or smoke.
S ec. 2. It shall be the duty o f all mining operators to provide Toilet rooms,
suitable and practicable toilet arrangements, or places which may
be used for toilet purposes, for the use of employees in mines, such
toilets, or sanitary arrangements may consist o f a properly con
structed toilet car, or receptacle where it is practical and feasible
to use the same, that may be taken into the different working
levels of a mine, and when such cars, or receptacles are used they
shall be sent to the surface each day for proper cleaning or dis
infecting. Where proper toilet apparatus is not provided, the
employee shall be allowed to go to the surface or other suitable
place, which place shall be kept in a reasonably sanitary condition.
Underground stables shall be cleaned and droppings in waste Stables,
taken to the surface each day. This section applies to mines
working thirty men or over.
S ec. 3. Underground workings consisting o f chutes, manways
and winzes, or any opening kept for ventilating purposes, or for shafts,
the removal o f ore, or waste material, shall when necessary be
protected by guardrails, or by a suitable cover known as a grizzly,
made of good substantial timbers, or metal bars. Shafts at sta
tions shall be protected by guardrails at every level. In vertical
msmways used by employees exclusively for traveling purposes in
addition to proper ladders there shall be suitable landings, placed
not to exceed thirty feet apart and so far as feasible and prac
ticable all such manways, or air course used as an escape for
men must be kept free from all obstructions.
1248
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Chapter
Title.
120.— Mine regulations— Coal mines.
Section 1. Tliis act shall be known as the Coal Mining Code
of the State o f Montana.
Sec. 2. The governor, by and with the advice and consent of
Inspector.
the senate, shall appoint one State coal mine inspector qualified
as hereinafter provided, who shall hold office for a term o f four
years from the date o f his appointment, unless otherwise removed
by the governor.
Q u a 1 i ficaSec. 3. No person shall be eligible to the office o f State coal mine
tions.
inspector until he shall have attained the age of thirty years. He
shall be a citizen o f the United States, a qualified resident o f the
State o f Montana, shall have been actually employed at coal
mining ten years prior to bis appointment and shall possess a com
petent knowledge o f all the different systems o f coal mining and
working and properly ventilating coal mines, and the nature and
constituent parts o f noxious and explosive gases o f coal mines, and
of the various ways o f expelling the same from the said mines.
He shall have passed a successful examination by the board of
examiners and his certificate of qualification shall have been filed
with the governor by the said board o f examiners, as provided by
law.
Sec. 4. The salary o f the State coal mine inspector shall be
Salary.
twenty-five hundred dollars per annum and all necessary and
traveling expenses. The State coal mine inspector shall file with
Bond.
the State treasurer a bond, approved by the governor o f the State,
in the sum o f five thousand dollars ($5,000), for the faithful per
formance o f his duties.
Duties.
Sec. 5. The State coal mine inspector shall have the right, and
it is hereby made his duty, to enter, inspect, and examine any coal
mine or any shaft, drift or slope in the process o f sinking fo r the
purpose o f mining coal in this State and the workings and the
machinery belonging thereto, at all reasonable times, either by
day or night, but not so as to impede or obstruct the workings o f
the mine, and when such inspection is contemplated he shall first
notify the person in charge o f his intention to make such exami
nation. He shall also have the right and it is his duty to make
inquiry into the condition o f such mine, workings, machinery,
scales, ventilation, drainage, method o f lighting or using lights,
and into all methods and things connected with or relating to, as
well as to make suggestions providing for the health and safety of
persons employed in or about the same, and especially to make in
quiry whether or not the provisions o f the laws providing for regu
lations o f coal mines, or other acts which may hereafter be enacted
governing coal mines, have been complied with. The owner, opera
tor or superintendent o f such mine is hereby required to furnish
the means necessary for such entry, inspection, examination, in
quiry and exit. It shall also be the duty o f the said coal mine
inspector to carefully examine all the coal mines in operation in
Quarterly in this State at least every three months and oftener if necessary;
spections.
to see that every precaution is taken to insure the safety o f all
the workmen that may be engaged in said coal mine. The said
inspector shall make a record o f the visit, noting the time and
the material circumstances o f the inspection. At the time of
making his regular quarterly inspection, in the event of the in
spector having in his possession any complaint in writing to the
effect that the mining code is being violated, he shall notify the
employees that he is about to make such inspection, and if the
employees, in some proper manner, select one o f their number to
accompany the inspector on such inspection, he shall permit such
employee to so accompany him. In the event o f no such selection
being made, the inspector may, i f he so desire, request some em
ployee to accompany him. The owner or operator shall at all times
have the right to personally accompany the inspector while in
specting his property, or to designate some one to so accompany
him.
C o n flictinj ‘ Sec. 6. The said State coal mine inspector while in office shall
interests.
not act as agent for any corporation, superintendent or manager
LABOR LAWS----MONTANA— ACTS OF 1911.
1249
o f any mines, and .shall in no manner whatever be under the em
ploy of mining companies nor shall he be interested in any coal
mining operation either as owner, lessee or otherwise. It shall be
the duty o f the said State coal mine inspector, on or before the
first day o f January o f every year, to make a report to the gov- Annual r e ernor of his proceedings as such State coal mine inspector and the ports,
conditions of each and every coal mine in the State, stating
therein all accidents that have happened in or about said mine
or mines, and to set forth in said report all such suggestions as he
may deem important as to any further legislation on the subject
o f coal mines.
Sec. 7. For the more efficient discharge o f the duties herein iminstruments,
posed upon him, the said State coal mine inspector shall be fur
nished at the expense of the State with an anemometer, a safety
lamp and whatever other instruments or other appliances may
be necessary in order to carry into effect the provisions o f the
acts regulating coal mines.
.Sec. 8. The State coal mine inspector shall post up in some conNotices to be
spicuous place at the top o f each mine visited and inspected by posted,
him, a plain statement o f the conditions of such mine, showing
what in his judgment is necessary for the better protection o f the
lives and health o f persons employed in such m ine; such statement
shall give the date of inspection and be signed by the said in
spector. He shall also post a notice at the landing used by the
men, stating what number o f men may be permitted to ride on the
cage, car or cars at one time, and at what rate o f speed men may
be hoisted and lowered on the cage, car or cars in accordance as
hereinafter provided for in this act. He must observe especially
that the code o f signals provided in the act regulating coal mines
between engineer and top men and bottom men, is conspicuously
posted for the information o f all employees.
Sec. 9. In case the State coal mine inspector becomes incapaciSubstitutes,
tated and cannot perform the duties of his office for a longer
period than two weeks, it shall be the duty of the governor to
deputize some competent person having the qualifications pro
vided in this act to fulfill the duties of the said inspector until
the said inspector shall return to the performance of his official
duties, and the person deputized by the governor shall be paid by
the State out of any moneys in the general fund o f the State not
otherwise appropriated, for the services rendered at the same rate
as received by the State coal mine inspector.
In case of the death, resignation, or removal from office of the Vacancies.
State coal mine inspector before the expiration of the term of
office, the governor shall appoint a duly qualified person as pro
vided in this act, to fill the vacancy for the unexpired term.
Sec. 10. The State coal mine inspector is hereby made, equally Weights and
with the county clerk, ex officio sealer o f weights and measures, in measures*
so far as the same relates to coal mines and coal mining, and as
such is empowered to test and compare all weights and measures
used in weighing and measuring coal at any coal mine, or used in
measuring air passages or other openings in coal mines, with the
standards o f weights and measures kept by the county clerk of any
county. Upon the written request o f any coal mine owner or
operator or ten coal miners employed at any one mine, it shall be
his duty to test and prove 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 o f the
mine owner, lessor or operator to the fact and direct that said
scale or scales be at once overhauled and readjusted so as to indi
cate only true and correct weights, and he shall forbid the further
operation of such scale until such scales are adjusted. In the
event that such test shall conflict with any test made by any
county sealer of weights and measures, or under and by virtue of
any municipal ordinance or regulation, then the test by such State
coal mine inspector shall prevail.
Sec. 11. For the purpose of carrying out the provisions of this Test weights,
act, the State coal mine inspector shall be furnished by the State
39387°— Bull. 148, pt 2—14------ 3
1250
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
witli such sets of standard weights suitable for testing the accu
racy of track scales, and o f all smaller scales at mines, as may in
the judgment o f the State coal mine inspector be necessary; said
test weights shall remain in the custody of the State coal mine in
spector for use at any point within the State, and for any amounts
expended by him for the storage, transportation or the handling of
the same, he shall be fully reimbursed upon making proper entry
o f the proper items in his expense voucher.
Inspection re
Seo. 12. I f any owner, lessor or operator shall refuse to permit
fused.
such inspection or to furnish the necessary facilities for making
such examination and inspection, the inspector shall file his affida
vit setting forth his refusal, w ith the judge of the district court in
T
said county in which said mine is situated, either in term time or
vacation, and obtain an order on such owner, operator or agent so
refusing as aforesaid, commanding him to permit and furnish such
necessary facilities for the inspection of such coal mine, or to
be adjudged to stand in contempt of court and punished accord
ingly.
Charges of
S ec. 13. Whenever a petition signed by fifty or more reputable
i n c o mpetence,
citizens, legal residents of the State, verified by oath by two
etc.
or more o f the said petitioners, and accompanied by a bond in
the sum o f five hundred dollars, running to the State, executed
by two or more freeholders, approved and accepted by the clerk
o f the district court o f the county or counties of their residence,
conditioned for the payment o f all costs and expenses arising
from the investigation of the charges is filed with the clerk of the
district court setting forth that the State inspector o f mines neg
lects his duties or is incompetent, or is gulty [guilty] o f malfeas
ance in office or misfeasance in office, it shall be the duty o f the
district court o f the county to issue a citation in the name o f the
State to the said inspector, to appear, at not less than five days’
notice, on a day fixed, before said court, and the court shall then
proceed to inquire into and investigate the allegations o f the peti
tioners ; such action shall be prosecuted by the county attorney.
Removal.
S ec. 14. I f the court finds that the said State coal mine in
spector is neglectful of his duties or incompetent to perform the
duties of his office, or that he is guilty of malfeasance or mis
feasance in office, the court shall certify the same to the governor,
who shall declare the office o f said State coal mine inspector
vacant, and proceed in compliance with the provisions o f this act
to fill the vacancy; and the costs of such investigation shall, if
the charges are sustained, be imposed upon the said State coal
mine inspector.
Board of ex
Sec. 15. The governor of the State shall within sixty days after
aminers.
the passage o f and approval o f this act, upon the recommendation
o f the coal miners of this State, appoint one practical coal miner
actively employed in coal mining in the State o f Montana, and
one mine manager or superintendent, who shall be recommended
to the governor by the majority of the coal mine operators o f
the State o f Montana, and one practical coal mining engineer;
the three so named by the governor shall constitute a board of
examiners to pass upon the qualifications of applicants for State
coal mine inspector of the State of Montana. They shall hold
office for four years and until their successors, appointed in the
same manner, are appointed and qualified.
D u t i e s of
S ec. 16. It shall be the duty o f the said board to examine into
hoard.
the qualifications of all applicants for appointment to the position
o f State coal mine inspector o f the State of Montana, by conduct
ing a thorough examination as to their knowledge o f mine work
ings, ventilation, gases, fire damp, machinery and actual experi
ence in underground coal mining, and to acquaint themselves with
the personal character, habits, and general worthiness of each
E x a m i n a applicant. The general examination shall be in writing, and the
tions.
manuscript and* other papers of all applicants, together with the
tally sheets and the solution of each question as given by the
examining board, shall be filed with the secretary o f state as
public documents, but such applicants shall undergo an oral
LABOR LAWS----MOXTAJSTA----ACTS OF 1911.
1251
examination pertaining to explosive gases and safety lamps. All
candidates shall be allowed the use o f such text books as in the
discretion o f the board may be deemed proper, during the exami
nation. The board o f examiners shall confine the examination
of applicants to subjects such as are designated in this section.
No person shall be certified as competent whose average per cent
shall be less than 75 per centum and his certificate shall show
what per cent the applicant has attained, and such certificate
shall be valid only when signed by a majority number o f the
examining board. The examining board shall, immediately after
the examination, furnish to each person who came before it to be
examined a copy of all questions, whether oral or written, which
were given at the examination, on printed slips o f paper, which
shall be marked solved right, imperfect or wrong as the case may
be, together with a certificate o f competency to each candidate
who shall have made at least 75 per centum.
Applications.
Sec. 17. Applications to the said board for examination for
State coal mine inspector must be made in writing and accom
panied by an affidavit that the applicant is a citizen o f the United
States, a resident o f the State o f Montana, and that he has at
tained the age of thirty years; has had at least ten years’ experi
ence in underground coal mining in the United States and at least
one year’s experience in underground coal mining in the State of
Montana.
Names to be
Sec. 18. The board of examiners shall file with the governor filed.
the names of all persons who shall have successfully passed the
examination. From those so named the governor shall select one
person to be State coal mine inspector: Provided, That any one
who has served capably as State coal mine inspector for one full
term, upon making written application to the board setting forth
these facts, shall be certified to the governor as properly qualified
for appointment, but no man shall be eligible for the appointment
as State coal mine inspector, who has any pecuniary interest in
any coal mine, either directly or indirectly, as owner, leasee
[lessee], or employer, or otherwise.
Vacancies.
S ec. 19. As often as vacancies occur in the office o f State coal
mine inspector, caused either by death, resignation, removal for
malfeasance or misfeasance as provided for in section 14 o f this
act or as otherwise determined as with other officers o f the State,
the governor shall fill the same by appointment for the unex
pired term by selecting a person whose name is on file in his office
as provided for in section 18 o f this act.
Oath of ex
Sec. 20. The board o f examiners appointed under this act shall
each take the following oath o f office before some person only aminers.
[sic] authorized by law to administer an oath, We do solemnly
swear or affirm that we will perform the duties devolving upon
us to the best of our ability, and that in rejecting or recommend
ing applicants for the position o f State coal mine inspector for
the State of Montana we will be governed by the evidence o f
qualification to fill the position under the law creating the same,
and not by any consideration o f political affiliation or personal
fa v ors; that we will certify all whom we may find qualified, and
who shall have passed the required examination, according to
the act and none other, to the best o f our knowledge and judg
ment. The board shall meet for the purpose o f examining appli Meetings.
cants for the position of State coal mine inspector on the second
Monday in December, 1912, in the city o f Helena, at the State
capitol in the office o f the State coal mine inspector, and on the
second Monday in December every two years thereafter. The
secretary of state shall furnish whatever blanks, blank books,
printing or stationery the board may require in the discharge of
its duties. Public notice o f meetings o f the board for the pur
pose of holding examinations shall be given by the board, by the
posting of notices in the post office in the several coal mining
towns throughout the State at least fifteen days previous to the
date o f the examination, and by publication in at least two daily
1252
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
papers published in the city o f Helena, for ten consecutive days
previous to the holding of the examination.
Examinations
Sec. 21. The board shall then proceed to the examination of
to he held.
those who may present themselves as candidates for said office,
and who shall have complied with the requirements necessary
to entitle such applicant to be examined as provided for in section
17 o f this act, and after a thorough examination as to knowledge
and qualification o f said applicants the said board o f examiners
shall certify to the governor the names o f all such applicants who
have successfully passed the required examination for the posi
tion o f State coal mine inspector as required under the provisions
of the law.
Co mp e n s a S ec. 22. The board of examiners shall receive as compensation
tionsix dollars ($6) per diem for the time not exceeding ten days
actually engaged in the performance o f the duties imposed upon
them in this act and their actual expenses, such compensation to
be paid out o f the general fund in the manner provided by law.
Appointment.
Sec. 23. The governor shall, from the names certified to him by
said board o f examiners, appoint a State coal mine inspector for
the State o f Montana, who shall hold office for the period of time
as required by the law creating such office.
S u b sequent Sec. 24. Every four years the governor shall in the manner prohoards.
vided in section 15 appoint a board of examiners to pass upon the
qualifications o f applicants for coal mine inspector, which board
shall be constituted, sworn and paid and shall perform the same
duties as the board provided for in section fifteen (15) o f this
act, during the term for which they were appointed, (and from
the names certified to by them the governor shall appoint a State
coal mine inspector for the State o f Montana).
Reappoi nt Sec. 25. Nothing in this act [shall] be construed as preventing
ments.
the reappointment by the governor o f any State coal mine inspec
tor, who shall have successfully passed the required examination
and qualified as hereinbefore provided for.
Rules
of
Sec. 26. Each successive board o f examiners shall have the
hoards.
power to adopt their own rules and regulations for examination
as will best serve the purpose of this act; said rules not to con
flict with the manner o f examination as prescribed in section six
teen (16) o f this act.
Vacancies.
Sec. 27. Vacancies upon the said board o f examiners shall be
filled by the governor, in accordance with the intent and provi
sions o f this act.
County e x Sec. 28. On petition of the State coal mine inspector a judge o f
a m i n i n g the district court o f any county where coal is mined shall appoint
tooaras.
an examining board o f three persons, consisting o f the State coal
mine inspector, a miner and an operator or superintendent, to be
known as the county examining board. The members o f said ex
amining board shall be citizens o f the United States and legal
residents o f the State of Montana, and shall hold office for the
term of two years or until their successors have been appointed
and qualified. The persons so appointed shall, after being duly
organized as a board, take and subscribe before an officer au
thorized to administer the same, the following oath namely: >We,
the undersigned do solemnly swear or affirm that we will perform
the duties o f examiners o f applicants for the position of mine
foreman, mine examiner, or fire boss for the coal mines o f Mon
tana to the best o f our abilities, and that in certifying or rejecting
said applicants we will be governed by the evidence o f the quali
fications to fill the positions under the law creating the same, and
not by any consideration of personal favors; that we will certify
all whom we find qualified and none other.
ExaminaSec. 29. The examination shall consist o f oral and written ques
tions.
tions on theoretical and practical mining, on the nature and prop
erties of noxious, poisonous and explosive gases found in the
mines, and on the different systems of working and ventilating
coal mines. During the progress of the examination the use of
such text books as the board shall [have] approved shall be al
lowed applicants during the examination, and the board shall
LABOR LAWS----MONTANA----ACTS OF 1911.
1253
issue to those examined and found to possess requisite qualifica
tions, certificates of competency for the position o f mine foreman,
mine examiner or fire boss; but such certificates shall be granted
only to persons o f twenty-three (23) years o f age, or over, o f
good moral character, citizens of the United States and residents
of the State of Montana, and with at least five years’ practical
experience in the working of coal mines. All papers and blanks,
blank books and stationery used at the examination, to be fur
nished by the board of county commissioners of the said county
and each candidate for examination shall be given such questions,
as are required, in writing and each question shall be on a sepa
rate paper.
Candidates must return such papers to the board, with answer
to questions thereon, attested by his signature. All question
papers and answers shall be filed in the office of the county clerk
and recorder, in and for the county where examinations are held,
and kept by him in some secure place, subject to examination at
any time.
S ec. 30. Certificates of qualifications to mine foremen in the Certificates of
coal mines o f Montana, shall be granted by the board o f examiners mine foremen,
herein provided for, to each applicant who shall have passed a
successful examination showing his knowledge o f mine workings,
ventilation, gases, fire damp and his actual experience in under
ground coal mining. The certificates shall be in a manner and
form as shall be prescribed by the State coal mine inspector, who
shall keep a record in his department o f all such certificates
granted. Each certificate shall contain the full name and age and
birthplace o f applicant and also the length or nature o f his
previous service in coal mines.
Sec. 31. Persons seeking certificates of competency as mine ex- Applications,
aminers or fire boss must produce evidence satisfactory to the
board that they are citizens o f the United States, residents of the
State of Montana, have had at least five (5) years’ practical ex
perience in working o f coal mines, at least twenty-three (23)
years of age, and of good repute and temperate habits. They must
prepare to submit and satisfactorily pass an examination as to
their experience in mines generating dangerous and explosive
gases, their practical and technical knowledge o f the nature and
properties of fire damp, the laws o f ventilation, and- the structure
and use o f the safety lamp.
S ec. 32. The said board o f examiners shall meet at the call of Meetings,
the State coal mine inspector, who shall call them upon receipt of
five requests for examination and shall grant certificates to all
persons whose examination shall disclose their fitness for the
duties of mine foreman as above classified, or mine examiner or
fire boss and such certificate shall be sufficient evidence of the
holder’s competency for the duties of said position so far as relates
to the purpose o f this a c t : Provided, That any person who shall
have been employed as mine foreman, continually for a period o f
one year preceding the approval of this act, by the same firm, per
son or corporation, shall be granted a certificate "without under- Certificates
going such examination, but shall not be employed by any other JJtion* exami"
person, firm or corporation without having successfully undergone
such examination. No person shall be certified as competent whose
average percentage shall be less than seventy-five (75) per centum
on his entire examination, and such certificates shall designate the
position qualified for and shall be valid only when signed by a
majority of the examining board.
S ec. 33. The board may exercise its discretion, in issuing certifi- Peys£ns from
cates of any class, without examination, to persons presenting with other States,
proper credentials certificates for the same or a similar position
issued by competent authorities in this or other States: Provided, Fees.
however, That for every such certificate issued, the board shall
charge a fee of five ($5) dollars.
Sec. 34. An applicant for examination for any certificate herein Applicants to
provided for, before being examined, shall register his name with resister
1254
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
the State coal mine inspector, at Helena, Montana, and file with
him the credentials required by this act, to w it: An affidavit as
to all matters o f fact establishing his rights to and qualifications
for receiving the examination, and a certificate o f good character
and temperate habits, signed by at least ten ( 10 ) o f the citizens
who know him best in the place in which he lives. Each candi
date, before receiving the examination, shall pay to the State coal
Fees.
mine inspector the sum o f two ($ 2 ) dollars as an examination fee,
and those who pass the examination for which they are entered,
before receiving their certificate, shall also pay to the State coal
mine inspector the further sum of three dollars ($3) each as a
certificate fee. All such fees shall be duly accounted for by the
State coal mine inspector and turned into the State treasurer at
the close o f the fiscal year.
C o m p e nsa- gE #
C
^lie members o f the examining board except the State
n*
coal mine inspector shall receive as a compensation the sum of
five dollars ($5) each day, for a term not exceeding two meetings
of five days each in any year, and whatever sum is necessary to
reimburse them for such traveling expenses as may be incurred
in the discharge o f their duties. All such salaries and expenses of
the members of the board shall be paid upon vouchers duly sworn
to by each member o f the said board and approved and ordered by
the State board of examiners, and the State auditor is hereby au
thorized! to draw his warrants on the State treasurer for the
amounts thus shown to be due, payable out o f any money in the
State treasury not otherwise appropriated.
Who to have Sec. 38 (a ) Any person who acts in the capacity of mine forecertificates.
man, mine examiner or fire boss without a certificate of com
petency as provided for in this act, shall be deemed guilty of an
offense against this act: Provided, however, The State coal mine
inspector shall have the power to grant permits to persons to
perform the duty o f mine foreman, mine examiner or fire boss as
provided for in this act, who may be employed by any company,
corporation, association, person or persons engaged in the operat
ing o f any coal mines in the State of Montana until such time as
the person so employed has had an opportunity to be examined
as to his competency by the board of examiners provided for in
this act, but no longer.
Empl oyi ng
(&) Every company, corporation[.] association, person or perforemen etc
sons operating any coal mine or coal mines in the State of Mon
tana, who employs any uncertified mine foreman, mine examiner
or fire boss, except as provided for in section 33 o f this act, shal
[shall] be deemed guilty o f an offense against this act: Provided ,
hoivever, That in cases o f emergency any competent man may be
employed and act as a temporary mine foreman, examiner or fire
boss until a certificate or permit can be obtained, not to exceed a
period o f thirty (30) days, without violating this act or incurring
any o f its penalties.
Maps.
Sec. 37. Every operator of every coal mine in this State shall
make or causedi [cause] to be made an accurate map or plan of
such mine, drawn to a scale of not less than two hundred feet to
one inch, and as much larger as practicable, on which shall ap
pear the name of the State, county and township in which the
mine is located, the designation of the mine, the name o f the com
pany or owner, the certificate of the mining engineer or surveyor
as to the accuracy and date o f the survey, the north point and the
scale to which the drawing is made.
Underground
gEa 33 . For the underground working the said map shall show
wor mgs.
slopes, tunnels or other openings to the surface or to
the workings o f a contiguous mine, all excavations, entries, rooms
and crosscuts, the rise or dip of the seam from the bottom o f the
shaft, mouth o f drift or slope in either direction to the face o f the
workings, the location of the fan or furnace, the location o f the
permanent pumps, hauling engines, engine planes and fire walls,
the location o f any standing water which might prove a menace
to life or danger to property from flood, and the line o f any con
tiguous surface outcrop of the seam.
LABOR LA W S---- MONTANA----ACTS OF 1911.
1255
Maps for
Sec. 39. A separate and similar map, drawn to tlie same scale
in all cases, shall be made of each and every seam, which, after each seam.
the passage of this act, shall be worked in any mine, and the
maps of all such seams shall show all shafts, drifts, tunnels, in
cline planes or other passageways connecting the same.
Surface
S ec. 40. Every such map or plan, or at the option o f the opera
tor a separate map, shall show the surface boundary lines con boundaries.
tiguous to the workings and pertaining to each mine, also all sec
tion or quarter-section lines and corners, town lots and* streets,
the tracts [tracks] and side tracts [tracks] o f all railroads, the
location of all wagon roads, rivers, streams, ponds, buildings [,]
landmarks and principal objects on the surface within the said
boundary lines; and in all cases if o f a separate surface map the
same shall be drawn on transparent cloth or paper so that it can
be laid upon the map o f the underground workings and thus truly
indicate the relative location o f the lines and objects on the sur
face to the excavations o f the mine.
S ec. 41. The original or true copies o f all such maps shall be
Maps to be
kept in the office at the mine, and true copies thereof shall also kept, where.
be furnished the State coal mine inspector within thirty days
after completion of the same. The maps so delivered to the in
spector shall be the property of the State and shall remain in the
custody o f the said inspector during his term o f office and be
delivered by him to his successor in office. They shall be kept
at the office of the inspector and be open to inspection by all per
sons interested in the same, but such examinations shall only be
made in the presence o f the inspector and he shall not permit
any copies o f the same to be made without the written consent
of the operator or owner of the property, under penalty of re
moval from office.
S ec. 42. An extension of the last preceding survey o f every
Extensions.
mine in active operation shall be made once in every twelve
months, prior to July 1st o f every year, and the result o f said
survey, with the date thereon, shall be promptly and accurately
entered upon the original maps so as to show all changes in plain
or new work in the mine and all extensions o f the workings to
the most advanced face or boundary o f said workings which have
been made since the preceding survey. The said changes and
extensions shall be entered upon the copies of the maps in the
hands o f the State coal mine inspector, or new copies thereof be
furnished him, within thirty days after the last survey is made.
Whenever the operator o f any mine shall neglect or refuse, or for
any cause not satisfactory to the State coal mine inspector fail,
for a period o f three months, to furnish to the said State coal
mine inspector the map or plan o f such mine, or a copy thereof
or o f the extension thereto, as provided for in this act, the said
State coal mine inspector is hereby authorized to make or cause
to be made an accurate map or plan o f such mine at the expense
of the owner or leaser [lessor] thereof, and the cost o f the same
may be recovered by law from said owner, leaser [lessor] or oper
ator in the same manner as other debts by suit in the name o f the
State.
Sec. 43. When any coal mine is worked out or is about to be F i n a l sur
abandoned or indefinitely closed the operator o f the same shall veys.
make or cause to be made a final survey o f all available parts of
such mine, and the results o f the same shall be duly extended on
all maps o f the mine and copies thereof, so as to show all excava
tions and the most advanced workings o f the mine, and their exact
relations to the boundary or section lines on the surface.
The State coal mine inspector may order a survey to be made
o f the workings of any mine which is about to be abandoned, or
o f which he has reason to believe the maps are inaccurate, when
ever in his judgment the safety o f the workmen, the support o f
the surface, the conservation of the property or the safety o f an
adjoining mine requires it. Such survey shall be paid for by the
State.
1256
B U L L E T IN OF T H E BUREAU OF LABOR STATISTICS.
Sec. 44. It shall be tlie duty of tlie owner, operator or superin
tendent of any coal mine in tlie State o f Montana to provide a
suitable building, not an engine or boiler liouse, for the use of
tlie persons employed in sucli mine for the purpose o f washing
themselves and changing their clothes wT
hen entering the mine
and returning therefrom. The said building shall not be over 800
feet from and convenient to tlie principal entrance o f such mine
when practical to do so. When not practicable to fcuild the wash
house wT
ithin tlie said distance and still conform to the other re
quirements o f this section the State coal mine inspector may give
written permission to place the building at a greater distance
from the mine than that herein specified and the operator shall
not be guilty o f violation o f this section. The said building shall
be maintained in good order, be properly lighted and heated and
supplied with pure cold and warm water, and be provided with
facilities for persons to wash and a suitable locker for each person
to be used by him as a repository for his clothes.
If any person shall maliciously injure or destroy or cause to be
injured or destroyed, the said building or any part thereof, or
any o f the appliances or fittings used for supplying light, heat or
water therein or doing any act tending to the injury or destruc
tion thereof, he shall be deemed guilty o f an offense against this
act and subject to a fine as hereinafter provided for.
Weighmen.
Sec. 45. The weighman employed at any mine shall subscribe to
an oath or affirmation before some officer authorized to administer
oaths, to do justice between employer and employee, and to truly
and correctly weigh the output o f coal from the mines as herein
provided. The miners employed by or engaged in working for any
mine owner, operator or lessee o f any mine in this State shall have
the privilege, if they desire, o f employing at their own expense a
Checkweigh-check weighman, who shall have like equal rights, powers and
men.
privileges in the weighing o f coal as the regular weighman and be
subject to the same oath and penalties as the regular weighman.
Said oath or affirmation shall be kept conspicouosly [conspicu
ously! posted in the weight office, and any weigher o f coal or
person so employed, who shall knowingly violate any o f the pro
visions o f this section, or any owT
ner, operator or agent o f any coal
mine in this State who shall forbid or hinder miners employing
or using a checkweighman as herein provided, or who shall pre
vent or willfully obstruct any such checkweighman in the dis
charge o f his duty, shall be deemed guilty o f an offense against
this act. Whenever the State coal mine inspector, or his deputy,
shall be satisfied that the provisions of this section have been
willfully violated, it shall be his duty to forthwith inform the
prosecuting attorney o f any such violation, together with all the
facts within his knowledge and the prosecuting attorney shall
thereupon investigate the charges so preferred, and if he is satis
fied that the provisions o f this section have been violated, it shall
be his duty to prosecute the person or persons guilty thereof.
Scales.
Sec. 46. Any person or persons having or using any scale or
scales for the purpose o f weighing the output o f coal at mines
must not arrange or construct them so that fraudulent weighing
may be done thereby, and must not knowingly resort to or em
ploy any means whatsoever by reason of which such coal is not
correctly weighed and reported in accordance with the provisions
of this act.
Cages.
Sec. 47. Every hoisting shaft must be equipped with safely con
structed substantial cages fitted to guide rails running from the top
to the bottom of shaft. Said cages must be furnished with suitable
boiler-iron covers to protect persons riding thereon from falling
objects and with sheet iron or steel casings on each side, not less
than one-eighth inch in thickness, or wire netting o f not less than
one-eighth inch in diameter. They must be equipped with safety
catches, said safety apparatus, whether consisting o f eccentrics,
springs or other devices, must be securely fastened to each cage
and must be of sufficient strength to hold the cage loaded at any
depth to which the shaft may be sunk. Every cage must be fitted
with iron bars, chains or rings in proper place and sufficient in
Wash rooms.
LABOR LAWS----MONTANA— ACTS OF 1911.
1257
number to furnish a secure .handhold for every person permitted
to ride thereon. Gates not less than four feet high from the bot
tom o f the cage shall be fitted to each cage and must be used
during the regular hoisting or lowering o f men: Provided, That
when such cage is used for sinking only it need not be equipped
with such doors as are hereinbefore provided for. At the top
landing cage supports, when necessary, must be carefully set
and adjusted so as to act automatically and securely hold the cage
when at rest.
Sec. 48. At the bottom of every shaft and at every caging Passageways,
place therein a safe and commodious passageway must be cut
around such landing place to serve as a travel way by which men
or animals may pass from one side o f the shaft to the other
without passing under or on the cage..
S ec. 49. The upper and lower landings at the top o f each shaft Landings,
and the opening o f each intermediate seam from or to the shaft,
shall be kept free and clear 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.
Sec. 50. For every coal mine in this State, whether worked by E s c a p e
shaft, slope or drift, there shall be provided and maintained in shafts, etc.
addition to the hoisting shaft, slope or drift or other place of
delivery a separate escapement shaft, slope or drift or opening to
the surface, or an underground communication [communicating]
passageway between every such mine and some other contiguous
mine, such as shall constitute two distinct and available means
of egress to all persons employed in such coal mine. The time
allowed for completing such escapement shaft or drift or making
such connections with an adjacent mine, as is required by the
terms of this act, shall be three months for shafts, slopes or drifts
two hundred feet or less in depth or length, six months for shafts,
slopes or drifts less than than [sic] five hundred feet in depth or
length and more than two hundred, and twelve months for all
other shafts, slopes or drifts or connections with adjacent mines.
The time to date in all cases from hoisting of coal from main
shaft, slope or drift.
Sec. 51. It shall be unlawful to employ at any one time more
C om pietion
men than in the judgment o f the State coal mine inspector is of connections,
absolutely necessary for speedily completing the connections with
the escapement shaft, slope or drift or adjacent mine and said
number must not exceed ten men at any one time for any purpose
in said mine until such escapement connection is completed.
S ec. 52. Such escapement shaft or opening, or communication Clear w a y s
with an adjacent mine aforesaid, shall be constructed in connec- *°.
mai ntion with every seam of coal worked in such mine, and all pasne *
sageways communicating with the escapement shaft or place of
exit, from the main hauling ways to said place of exit, shall be
maintained free of obstructions, at least five feet wide and five
feet in height. Such passageways must be so graded and drained
that it will be impossible for water to accumulate in any depres
sion or dip of the same, in quantities sufficient to obstruct the
free and safe passage of men. At all points where the passageway to the escapement shaft or other place o f exit is intersected
by other roadways or entries, conspicuous signboards shall be
placed indicating the direction it is necessary to take in order to
reach such place o f exit. Where pillars are being drawn on an
entry outside of where other men are working, or where more
than 50 per cent of the coal is taken out in rooms, connections for
escapement shall be made with some adjoining entry to provide
a safe exit for the men.
S ec. 53. The distance between the main shaft and escapement
Distance
shall not be less than one hundred feet where steel headframes t r om escape
are used, nor less than three hundred feet where wooden headframes are used: Provided, That where slopes or drifts are driven
in or on the coal strata, the distance between the escapement road
or travel way and the slope drift or hauling way shall not be less
than
fifty feet.
1258
B U L L E T IN OF T H E BUREAU OF LABOR STATISTICS.
Inflammable
S ec. 54. It shall be unlawful to erect any inflammable structure
structures.
or founding in any space intervening between the main shaft, slope
Stairways.
or drift and the escapement shaft, slope or drift on the surface, or
any powder magazine in such location or manner as to jeopardize
the free and safe exit of the men from the mine by said escape
ment shaft, slope or drift in case of fire in the main shaft, slope
or drift buildings.
S ec. 55. The escapement shaft at every mine which does not ex
ceed one hundred feet in vertical depth shall be equipped with
safe and ready means for the prompt removal of men from the
mine in time of danger, and such means shall be a substantial
stairway wliich shall be provided with handrails and with plat
forms or landings not more than ten feet apart. Where the
escapement exceeds one hundred feet in vertical depth, in place of
Cages.
the stairway, it may be equipped with a cage for hoisting men,
and such cage must be suspended between guides and be so con
structed that falling objects can not strike persons being hoisted
upon it. Such cage must be operated by steam or electricity which
power shall be kept available for immediate use at all times and
equipment of said hoisting apparatus shall include a depth indi
cator, a brake on the drum, a steel or iron cable and safety
catches on the cage; and all such hoisting machinery must be
inspected at least once each week by some competent person rep
resenting the operating company or owner.
Obstructions
S ec. 56. No accumulation of ice or obstruction of any kind shall
in shafts.
be permitted in any escapement shaft, nor shall any steam be dis
charged into said sh aft; and all surface or other water which
flows therein shall be conducted by rings or otherwise, to recep
tacles for same so as to keep the stairway or cage free from fa ll
ing water.
inspection of
S ec. 57. All escapement shafts and passageways leading thereto
shafts.
or to the works of a contiguous mine must be carefully examined
at least once each week by the mine foreman or by a man specially
delegated by him for that purpose, and the date and findings of
such inspection must be entered in a record book in the office at
the mine. I f obstructions are found their location and nature must
be stated together with the date on which they were removed.
Joint escape Sec. 58. When operators of adjacent mines have by agreement
shafts.
established underground communication between said mines as an
escapement outlet for the men employed in both mines, the road
ways to the boundary on either side shall be regularly patrolled
once each week and kept clear o f all obstructions to travel by
respective operators, and the intervening door shall remain un
locked and ready at all times for immediate use. When such com
munication has once been established between adjacent mines, it
shall be unlawful for the operator of either mine to close the
same without the consent o f the contiguous operator and the State
coal mine inspector: Provided, That when either operator desires
to abandon mining operations the expense and duty o f maintain
ing such communications shall devolve upon the party continuing
operations and using the same.
Ventilation.
Sec. 59. The owner, operator or superintendent o f every coal
mine, whether operated by shaft, slope or drift, shall provide and
hereafter maintain ample means o f ventilation for the circulation
o f air through the main entries, cross entries and all other work
ing places, to an extent that will dilute, carry off and render
harmless the noxious or dangerous gases generated in the mine,
affording not less than one hundred cubic feet per minute for each
and every person employed therein, and not less than six hundred
cubic feet per minute for each and every animal in the mine; but
in any mine, or section of a mine, where fire damp is generated not
less than one hundred and fifty cubic feet o f air per minute shall
be provided for each person or as much more as may be necessary
to keep such section free from fire damp. The quantities o f air in
circulation shall be ascertained with an anemometer or other
efficient instrument; such measurement shall be made by the fore
man or his assistants once a week at the inlet and outlet airways,
LABOR LA W S---- M O X T A N A -----ACTS OF 1911.
1 25 9
and also at or near tlie face of each entry, and shall be recorded in
a book kept for that purpose at the mine office. The quantity o f air
as provided for in this act for each person shall be conducted to
each working place.
In rooms generating fire damp the volume o f air required by
this act shall be conducted to the face thereof by the use o f brat
tice cloth or other suitable means.
S ec. 60. A t each mine generating fire damp so as to be detected
Record of air
by a safety lamp a water gauge for the purpose of recording the current,
pressure or vacuum of the main air current shall be provided and
maintained which shall be kept in constant use and records pre
served subject to the inspection o f the State coal mine inspector
or his authorized representative.
S ec. 61. The current o f air in mines must be split or subdivided
Separate cur-
so as to give a separate current to a number not exceeding one 1,entshundred men at work, and the inspector has the discretion to
order a separate current for a smaller number of men if special
conditions render it necessary.
S ec. 62. Crosscuts between the entries, except where same are
Crosscuts,
within the confines o f shaft-bottom pillars, shall be made not
exceeding sixty feet apart, unless sufficient brattice is used to
keep the air current up to the entry face in which case they shall
not exceed one hundred feet apart. When there is a solid block
on one side o f a room, crosscuts shall be made between such
room and the adjacent room not to exceed sixty feet apart; where
there is a breast or group o f rooms, a crosscut shall be made oil
one side or the other o f each room, except the room adjoining
said block, not to exceed fifty feet from the outside com er o f the
crosscut to the nearest corner o f the entrance o f the room and on
the opposite side of the same room a crosscut shall be made not
to exceed ninety feet from the outside corner o f the crosscut to
the nearest corner o f the entrance o f the room, and thereafter
crosscuts shall be made not to exceed eighty feet apart on each
side of the room. The required air current shall be conducted to
the crosscut nearest the face o f each entry or room.
Brattices between permanent inlet and outlet airways shall here- Brattices,
after be constructed in a substantial manner o f brick, blocks,
masonry, concrete or nonperishable material. Rooms must not
be worked in advance o f the ventilating current.
S ec. 63. All ventilating fans, furnaces and any means in use to
Operation of
ventilate mines shall be kept in constant operation, day and night,fans* etc*
in -mines generating fire damp or where two shifts are being
worked. Where no fire damp is generated, or only one shift is
worked, the fan, furnace or other means o f ventilation shall be
started and kept running not less than two hours before the time
to begin work. Should it at any time become necessary to stop
the fan or other means o f ventilation on account of accident or
needed repairs to any part o f the machinery, furnace or other
means o f ventilation connected therewith, or by reason o f any
unavoidable cause, it shall then be the duty o f the mine foreman,
or any official in charge, after first having provided as far as
possible for the safety o f the persons employed in the mine, to
order said fan or other means of ventilation to be stopped so as
to make the necessary repairs or to remove any other difficulty
that may have been the cause o f such stoppage. All ventilating
furnaces in mines shall, for two hours before the appointed time
to begin work and during working hours, be properly attended by
a person employed for the purpose.
Sec. 64. In all mines, all main air bridges or overcasts built
Overcasts,
after the passage o f this act shall be constructed o f masonry or
other incombustible material o f ample strength, or be driven
through the solid strata. In all mines the doors used in guiding
and directing ventilation o f the mine shall be so hung and ad
justed that they will close themselves, or can be supplied with
springs or pulleys so that they cannot be left standing open, and
an attendant shall be employed at all principal doors through
which cars are hauled, for the purpose of opening and closing
1260
Stables.
B U L L E T IN OF T H E BU REA U OP LABOR STATISTICS.
said doors when trips of cars are passing to and from workings,
unless an approved self-acting door is used. Necessary room
shall be provided at each door so as to protect said attendant
from being run over by the cars while attending to his duties,
and persons employed for this purpose shall at all times remain
at their post o f duty during working hours. On every inclined
plane, or where haulage is done by machinery, and where a door
is used, an extra door shall be provided to use in case o f necessity.
Sec. G5. Where live stock is kept underground the stables or
stalls shall be separated from the main air course by not less than
twenty feet o f solid strata or a solid wall o f brick masonry or
concrete, not less than twelve inches in thickness. The construc
tion of the stable shall, as far as possible, be free from all com
bustible material. No hay or straw shall be taken into the mine
unless same be compressed into compact bales, and only from time
to time in such quantities as will be required for two days’ use.
No greater quantity o f hay or straw shall be stored in the mine
or stable and when such is taken inside the mine it shall be
taken to the stable at once and placed in a separate room pro
vided therein for the same. The stable must be so placed that
the air ventilating the same is returned immediately to the main
outlet air course and not allowed to go further into the mine to
where men are working. The connections between the air courses
and the stables must be fitted with substantial doors, placed so
that they can be readily reached in the event o f fire in the stable.
Where conditions prohibit the use o f entirely incombustible mate
rial in the construction o f the stable the doors leading to or from
the same shall be made o f iron or steel plate, not less than onequarter inch in thickness, set in masonry or concrete walls. The
lights used in the stable shall be incandescent lamps placed so that
same will not be injured by the stock or the 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 be promptly removed from the stable in
the mine and shall not be allowed to accumulate.
Stables constructed underground after the passage o f this act
shall be located not nearer than one hundred and fifty feet to any
opening to the mine used as a means o f ingress or egress.
Approaching ,gE > qq Whenever any working place of a mine approaches
C
workings? n
within one hundred feet o f the abandoned workings o f another
mine as indicated by an accurate survey, or while driving any
working place parallel with the workings of such abandoned mine
within one hundred feet thereof, and such abandoned mine cannot
be explored or when same contains fire damp or water which may
inundate such working place, the mine foreman shall not permit
such working place to be advanced until a drill hole has been
extended not less than twelve feet in the center o f such working
place and a flank hole not less than twelve feet extended on each
rib, starting at the working face after taking out each cut o f
breaking.
Whenever the limits of an abandoned mine are not known by
actual survey the above rule shall apply whenever any working
place approaches within two hundred feet o f the supposed limits
of such abandoned mine.
Timber.
gEC. 67. The operator o f any mine shall keep an adequate sup
ply o f suitable timber constantly on hand, and deliver to the
working place o f each miner the props o f approximate length,
caps and other timbers necessary to securely prop the roof thereof.
Such props, caps and other timbers shall be delivered in mine
cars at the point where the miner receives his empty cars or un
loaded at the entrance to the room.
hauia^^wavs1 Sec*
1
a11
roads or entries on which the hauling
”
is done by machinery, where men have to pass to or from their
work, and on all entries on which the hauling is done by draft ani
mals, there shall be a clearance on one side o f at least two and
one-half feet between the car and the rib o f such entry. > This
place shall be kept free from all obstructions and no material shall
LABOR LAW S-----M O N T A N A ---- ACTS OF 1911.
126 1
be placed therein. In mines already opened prior to the passage
o f this act where such clearance does not exist, or in mines where
mining conditions prohibit the driving o f entries wide enough
to give such clearance, places o f refuge must be cut in the side Places of refwall at least three feet wide, two and one-half feet deep, five feet usehigh and not more than twenty yards apart, but such places of
refuge shall not be required in entries from which rooms have
been driven at regular intervals not exceeding twenty yards. All
such places o f refuge must be kept clear of obstructions and no
material shall be stored nor allowed to accumulate therein.
S ec. 69. It shall be the duty o f the owner, lessee or operator of
Airways,
every coal mine to provide and maintain airways o f sufficient
dimensions and in no case shall the area o f the air course be less
than twenty-five feet in mines operated on the room and pillar
system.
Sec. 70. Standing or stagnant water shall not be allowed to re- Obstructions,
main in traveling ways, nor shall the intake airways be used by
miners or other persons as a depository for excrement or any
other refuse. Obstructions o f any kind must not be placed in
crosscuts, rooms or entries used as main airways. Where nec
essary to provide a traveling way other than the main entries,
slope or drift in any mine for men going to or returning from their
work, the same shall be kept clear from debris or obstructions
o f any kind, and all loose coal, slate and rock overhead or in rib
in traveling ways, where miners have to travel to or from their
work, must be taken down or carefully secured.
Sec. 71. All main airways or traveling ways in any under- . Inspection of
ground workings shall be examined at least twice a week by airways,
the mine foreman or some other competent person so directed
by said mine foreman and a record o f such inspections;* [inspec
tions] shall be kept at the mine office.
Sec. 72. It shall be the duty o f the mine foreman or his assist- C o a l dust,
ant in charge o f any coal mine where coal dust or any otheretcinflammable material may accumulate to cause the same to be
properly saturated with water or with some compounds or chemi
cals used for such purpose as often as necessary in either air
courses or entries, or all accumulated matter, explosive in its
nature, shall be removed from the mine.
Sec. 73. In order to secure efficiency in the coal mines the op- Foremen,
erator or superintendent shall employ a competent and practical
forem an; said mine foreman shall have passed an examination
and obtained a certificate o f competency as required by this act,
and said mine foreman shall devote the whole o f his time to his
duties at the mine when in operation.
The mine foreman or his assistant shall visit and examine every
working place in the mine at least each alternate day while the
miners of such places are or should be at work and shall examine
and see that each working place is secured by timbering so that
the safety of the mine is assured; he shall see that a sufficient
supply of timbers and material is always on hand at the work
ing places in compliance with this act.
When the mine foreman is personally unable to carry out the
requirements o f this act as pertaining to his duties, on account of
sickness or other unavoidable conditions, a competent person shall
be appointed to act in his place. The said person so appointed
shall possess a certificate o f competency, either as mine foreman
or mine examiner as provided for in this act, or shall receive a
permit to act as such from the State coal mine inspector’s office
within thirty days after taking charge.
Whenever such mine foreman, his assistant or assistants, shall
have an unsafe place reported to him or them, he or they shall
order and direct that the same be placed in a safe condition and
until such is done no person or persons shall enter such unsafe
place except for the purpose of making it safe.
S ec. 74. A mine examiner shall be required at all coal mines Examiners,
generating dangerous and explosive gases.
1262
B U L L E T IN OF T H E BU REA U OF LABOR STATISTICS.
His duty sliall be to visit the mine before the men are permitted
to enter it and, first, he shall see that the air current is traveling
in its proper course and quantity. He shall inspect all places
where men are expected to pass or to work and observe if there
are any recent fall or obstructions in rooms and roadways or
accumulations o f fire damp or other unsafe conditions.
He shall especially examine the edges and accessible parts of
recent falls and old gobs and air courses. As evidence o f such
examination he shall mark with chalk upon the face o f the coal
his initial and the date of the month and y ea r; if there is any
standing gas discovered he shall leave a danger signal across
every entrance to such place.
He shall mak6 a report on a blackboard provided on the outside
of the mine, or at some other convenient place, for that purpose
and arranged so that the men can inspect it while passing to their
work, showing the conditions o f the mine as to the presence o f
fire damp, and indicating the place or places where present if
any is present, before he permits any person or persons to enter
the mine. He shall complete his inspection before the time for
the day-shift men to go to work and shall personally check each
miner or loader into the mine, advising each as to the condition
o f his working place and holding back any man whose working
place is in dangerous condition. He shall return to the mine with
such miners or loaders thus held back and remain there attending
to the removal o f any standing gas.
He shall examine parts o f the mine not in actual course o f
working and vailable [available], not less than once each three
days. He shall see that every part o f the mine is kept free from
standing gas and all old workings are properly fenced off. He
shall examine the mine on idle days and Sundays if any men are
required to work in any part o f it, and, if any time elapse between
the day turn leaving and night turn starting, the places to be
worked by night turn must be examined by him with a safety
lamp and reported safe before persons go to them. He shall make
a daily record o f the conditions o f the mine as he has found them,
in a book kept for that purpose, which shall be preserved in the
office of the company. No miner or loader, when advised by the
mine examiner that his working place is dangerous, shall leave
the bottom o f the shaft or the main partings on slopes or drifts
until accompanied by the miner [mine] examiner.
S a f e t y
Sec. 75. At any mine where fire damp or other explosive gases
lamps.
are being generated so as to require the nse of safety lamps in
any part thereof the operator o f such mine, upon receiving notice
from the State coal mine inspector or the mine examiner that
one or more lamps are necessary to the safety o f the men in such
mine, shall at once procure and keep for use such number o f the
most improved safety lamps as may be necessary. All safety
lamps used for working therein shall be the property o f the opera
tor and shall remain in the custody of the mine foreman or other
competent person, who shall clean, trim and fill, examine and
deliver the same, locked and in safe condition, to the men when
entering the mine, and shall receive the same from the men at
the end o f their shift. Persons using such lamps shall be respon
sible for the conditions and proper use o f safety lamps while in
their possession.
Same.
S ec. 70. In every working approaching any place where there is
likely to be an accumulation o f explosive gases, or in any work
ing where danger is imminent from explosive gases, no light or
fire other than a locked safety lamp shall be allowed or used.
Keys
t o Sec. 77. No one except a duly authorized person shall have in
lamps.
his possession a key or other contrivance for the purpose o f un
locking any safety lamp in any mine where locked safety lamps
are used. No lucifer matches or any other apparatus for striking
light shall be taken into said mine or parts thereof.
Firing blasts.
Sec . 78. In any mine where locked safety lamps are used no
blast shall be fired in such portion of the mine except by per
mission of the mine foreman or his assistants, and before a blast
LABOR LAWS----MONTANA----ACTS OF 1911.
1263
is fired the person in charge must examine the place and adjoin
ing places and satisfy himself that it is safe to fire such blast
before such permission is given.
S ec. 79. No workman shall have at any time more than one
rowder.
twenty-five-pound keg of black powder in the mine nor more than
five pounds o f high explosives. Every person who has powder or
other explosives in a mine shall keep it or them in a wooden or
metallic box or boxes, securely locked, and said boxes shall be
kept at least five feet from the track and no two powder boxes
shall be kept within twenty-five feet o f each other nor shall black
powder and high explosives be kept in the same box.
S ec. 80. Whenever a workman is about to open a box or keg O p e n i n g
containing powder or other explosives and while handling the boxes,
same he shall place and keep his lamp at least five feet distance
from such explosive, and in such position that the air current
cannot carry sparks to it, and no person shall approach nearer
than five feet to any open box containing powder or other ex
plosives with a lighted lamp, lighted pipe or other thing containing
fire.
S ec. 81. In the process o f charging and tamping a hol§, no pert amping
son shall use an iron oi\steel pointed needle. The needle used in neecllepreparing a blast shall be made of copper and the tamping bar
shall be tipped with at least five inches o f copper. Some soft
material must always be placed next the cartridge or explosive.
Sec. 82. A workman who is about to explode a blast with a Firing blasts,
squib shall not shorten the match, saturate it with oil, or ignite it
except at the extreme end; he shall see that all persons are out
of danger from probable effects o f such shots, and shall take
measures to prevent any one from approaching by shouting
“ Fire ” immediately before lighting the fuse or squib.
When firing shots in close proximity to other workmen on rib
or in crosscut driven for air or other purposes, he or they, firing
such shots, shall notify in person or by signals the workmen in
adjoining rooms or other place or entry.
When a squib is used and a shot misses fire no person shall
return until five minutes shall have elapsed. When a fuse is used
and a shot misses fire no person shall return until one hour for
each foot of fuse shall have elapsed. When it is necessary to tamp
dynamite, nothing Jbut a wooden tamper shall be used.
No hole shall be drilled to a greater depth than the cut or
shearing, neither shall fine coal, coal dust or any combustible
material be used for tamping any hole.
No workman shall put off any blast in any mine known as a
“ following shot.”
At all coal mines the firing o f shots shall be restricted to a
specific time at the end of each shift, except that in entries, slants
and doom [room?] necks, when necessary, one snubbing shot may
be fired in each at the middle o f the shift. No miner shall fire a
shot until the time appointed for him to do so and then only in
such rotation as designated by the proper authority. After each
blast he shall exercise great care in examining the roof and coal
and shall secure them safely before beginning to load coal.
Where shooting is done by shift work the same precaution shall
be used by some person or persons designated by the operator.
When draw slate is over the coal the miner shall not go under- Draw slate,
neath the draw slate until it is made safe from falling by se
curely posting it, and he shall not remove the posts until the coal
is removed and he is ready to take down the draw slate. He
shall not place in the gob or refuse pile any fine coal or coal
dust but shall load same into cars. When more than one shot
is to be fired at the same time with fuse, in the same working
place, different lengths o f fuse shall be used so as to prevent any
possibility of the shots going off simultaneously.
S ec. 83. Each miner shall examine his working place upon en- D u t i e s of
tering the same and shall not commence to mine or load until it mineisis made safe. He shall be very careful to keep his working place
in safe condition at all times.
1264
B U L L E T IN OF T H E BUREAU OF LABOR STATISTICS.
Should lie at any time find his place becoming dangerous from
any cause or condition, to sucli an extent that he is unable to
take care o f the same personally, he shall at once cease work and
notify the mine foreman, or his assistant as provided for here
inbefore in this act, o f such danger, and upon leaving such place
he shall place some plain warning at the entrance thereto [to]
warn others from entering into the said danger and he shall not
return to his place until ordered to do so by the mine foreman or
his assistant. Each miner, or other person employed in a mine,
shall securely prop the roof o f the working place therein under
his control, and shall obey any order or orders given by the super
intendent or mine foreman relating to the width o f his working
place or safety o f the same. Such miner or other person shall
not be held to have violated the provisions o f this section if the
owner, lessee, agent, superintendent or mine foreman fail to sup
ply the necessary props, caps, timber or necessary material as
provided for in this act.
Each miner or other person shall avoid waste o f props, caps,
timber or other material. When he has props, caps, timber or
other material unsuited for his purpose he shall not cover them
up or destroy them but shall place same near the track where
they can be readily seen.
Machine run- > ec. 84. Machine runners and helpers shall use care while operS
ners>
ating mining machines. They shall not operate a machine unless
the shields are in place and shall warn all persons not engaged
in the operating of a machine o f the danger in going near a ma
chine while in operation, and shall not permit such persons to
remain near the machine while in operation. They shall examine
the roof o f the working place and see that it is safe before start
ing to operate the machinery. They shall not move the machine
while the cutter chain is in motion. When connecting the power
E l e c t r i c cable to electric wires they shall make the negative or grounded
wires.
connections before connecting to the positive and, when discon
necting the power cable, shall disconnect from the positive line
before disconnecting the negative, or grounded. When positive
feed wires extend into rooms they shall connect such wires to the
positive wire on the entry before connecting the power cable.and
as soon as the power cable is disconnected shall disconnect such
wire from the wire on the entry. They shall use care that the
cable does not come in contact with metallic rails o f the track
and shall avoid, where possible, leaving the cable in water. I f
any machine men remove props which have been placed by the
miner for the security of the roof, they shall reset such props as
promptly as possible.
M o t o r men Sec. 85. Motormen and trip riders shall use care in handling
and trip riders, the motors and cars and shall see that signals or markers, as
provided for, are used as provided, and shall be governed by the
speed provided for in this act in handling cars. They shall not
run the motors with the trolley ahead o f the motors, except in
case whore they can not do the alternative, and then only at a
speed of two miles an hour. They shall warn persons forbidden
to ride on tlie motors or cars, and shall not permit such persons
to ride on motors or cars contrary to the provisions o f this act.
Drivers shall use care in handling cars, especially when going
down extreme grades and at junction points.
Motormen, trip riders and drivers in charge o f haulage trips
passing through doors used as a means o f directing the ventila
tion, shall see that such doors are closed promptly after the trip
passes through.
Enteri ng
Sec. 86. No person shall enter a mine generating fire damp so as
gaseous mines. t0 be detected by a safety lamp until the mine examiners make a
report on the blackboard for that purpose as hereinbefore pro
vided for in this act.
No person, unless accompanied by the mine examiner, shall go
beyond a danger signal until all standing gas discovered has been
removed or diluted and rendered harmless by a current of air.
Any person being ordered to withdraw by the mine foreman or
LABOR LAWS----MONTANA----ACTS OF 1911.
1265
mine examiner from the mine on account o f the interruption of
the ventilation shall not reenter the mine until given permission
to do so by the mine foreman.
No person other than the mine examiner shall remove any Acts forbidcaution board or danger signal placed at the entrance to a n y denworking place or at the entrance to any old workings in a mine.
No person shall erase or change a mark o f reference or monu
ment made in connection with a measurement; change marks or
dates or any caution board, or erase or change the dates at room
or entry face, when made by the mine examiner; change the
checks on cars, wrongfully check a car or do any act with intent
to defraud. No person shall take a lighted pipe or other thing
containing fire, except lanterns as provided for in this act, into
any underground stable or barn.
No person shall place refuse in or obstruct any airway or break
through used as an airway. No workman or other person shall
injure a water gauge, barometer, air course, brattice equipment,
machinery 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 a m ine; open a door o f a mine and neglect to close i t ; endanger
the miners or those working therein; disobey an order given in
pursuance o f law, or do a willful act whereby the lives and health
o f persons working therein or the security o f a mine or machinery
connected therewith may be endangered.
Sec. 87. No person or persons except those in charge of trips. R i d i n g on
superintendents, mine foremen, mine examiners, electrician, me-haillase trips,
chanics and blacksmiths, when required by their duty, shall ride
on haulage trips, except where by mutual agreement in writing
between the superintendent or agent and the employees a special
trip o f empty cars is run for the purpose o f taking employees into
or out o f the mine, or empty cars are attached to loaded trips,
which shall not be run at a speed exceeding six miles per hour.
Sec. 88. Each employee o f a mine shall go to or from his place . Travel to be
o f duty by the traveling ways provided; shall not travel arounddirect*
the mine or the buildings, where duty does not require, and when
not on duty shall not loiter at, in or around the mine, the build
ings or machinery connected therewith, except by permission of
the owner, lessee, operator, superintendent or foreman.
No person shall go into or around a mine, the buildings or the Intoxicated
machinery connected therewith, while under the influence o f in- persons,
toxicants. No person shall use, carry or have in his possession,
at, in or around a mine, the buildings or the machinery connected
therewith, any intoxicants.
S ec. 89. A t every shaft, operated by steam or other power, the
operator must station at the top and the bottom o f such shaft a
competent man, charged with the duty of attending to signals,
preserving order and enforcing rules, during the carriage of the
men on cages.
Sec. 90. Whenever the hoisting or lowering of men occurs be-
Signal men.
Landings to
fore daylight or after dark, or when the landing at which m enbe llgllted*
leave or take the cage, car, or cars 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 dis
tinctly. Lights shall also be maintained at each landing and the
bottom of all shafts while men are at work underground.
Sec. 91. Cages in shafts, or cars in any slope, on which men Hoisting,
are riding shall not be lifted or lowered at a rate of speed greater
than six hundred feet per minute.
No more than (12) twelve persons shall ride on any cage or car
at any one time except where specially constructed man cars are
used on a slope.
No person shall carry any explosives, tools, timber or other
material with him on a cage, car or cars in motion, in any shaft
or any slope or incline plane while the men are being hoisted
or lowered, except for use in repairing the shaft, slope or incline
plane.
39387°—Bull. 148, pt 2—14------ 4
1266
.BULLETIN OF THE BUREAU OF LABOR STATISTICS.
No cage having an unstable or self-dumping platform shall be
used for the carriage of men or materials unless the same is pro
vided with some device by which the platform can be securely
locked, and unless it is so locked whenever men or materials are
being conveyed thereon.
The rope rider on any slope or incline plane shall, during
working hours, see that all ropes and signals are in perfect work
ing order, and, if he perceives anything wrong, he shall at once
report the same to the mine foreman or his assistant.
He must be cautious when men are being hoisted out o f or
lowered into any slope and shall see that all safety appliances
are properly attached and that all cars are securely coupled. He
shall pay strict attention to all signals.
W hen more than twelve persons get on a cage or on one car on
a slope or incline plane, except as above provided for, the bottom
man, top man, or rope rider in charge o f the lowering and hoist
ing of such persons shall order a sufficient number to get off to
reduce the number to twelve persons on the cage or car, and the
person or persons so ordered shall immediately comply.
The car or cars used to hoist or lower men into or out o f any
slope or on any plane shall be connected by safety chains, or
some safety appliance must be used to maintain the trip in case
o f breakage o f coupling or other connection.
M en to be Sec. 92. Whenever men who have finished their day’s work, or
taken up.
who have been prevented from further work for any cause, shall
come to the bottom o f any shaft to be hoisted out, a 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 to be hoisted. Whenever the designated
number o f persons for a cage load shall arrive at the bottom o f
the shaft in which persons are regularly hoisted or lowered they
shall be furnished with an empty cage and be hoisted.
Supplies for
gEa 93. At every mine where men are employed underground
first aid.
it; gllall ke £ke duty o f the operator thereof to keep always on hand
and at some readily accessible place a properly constructed
stretcher, a woolen and waterproof blanket, and a roll o f band
ages, in good condition and ready fo r immediate use, for binding,
covering and carrying any one who may be injured at the mine;
also to provide a comfortable apartment near the mouth of the
mine in which any one so injured may rest while awaiting trans
portation home, and to provide for the speedy transportation o f
any one injured in such mine to his home. When more than
one hundred and fifty men are employed in any one mine two
stretchers, two woolen and two waterproof blankets, with a cor
responding supply o f bandages, shall be provided and kept on
hand. There shall also be provided and kept in store a suitable
supply o f linseed or olive oil for use in case men are burned by
an explosion or otherwise.
Illuminating Sec. 94. (a). No person, firm 01* corporation shall compound,
oil*
sell or offer for sale, for illuminating purposes in any coal mine,
any oil other than oil composed o f not less than eighty-four per
cent o f pure animal or vegetable oil, or both, and not more than
sixteen per cent pure mineral oil, the gavity [gravity] of such
animal or vegetable oil shall not be less than twenty-one and onehalf and not more than twenty-two and one-half degrees Baume
scale measured by Tagliabue or other standard hydrometer, at a
temperature o f sixty degrees Fahrenheit. The gravity o f such
mineral oil shall not be less than thirty-four and not more than
thirty-six degrees Baume scale, measured by Tagliabue or other
standard hydrometer, at a temperature o f sixty degrees Fahren
heit, and gravity o f the mixture shall not exceed twenty-four de
grees Baume scale, measured by Tagliabue or other standard
hydrometer, at a temperature o f sixty degrees Fahrenheit. It is
provided, however, that any material that is as free from smoke
and bad odor, and o f equal merit as an illuminant as a pure ani
mal or vegetable oil, may be used at the pleasure o f mine operators
and miners.
LABOR LAWS— MONTANA— ACTS OF 1911.
1267
(b) Each person, firm or corporation compounding oil for illumi
nating purposes in a coal mine or mines, shall, before shipment
thereof is made, securely brand, stencil or paste upon the head
o f such barrel or package, a label which shall have plainly printed,
marked or written thereon the name and address o f the person,
firm or corporation compounding the oil therein contained, the
name and address o f the person, firm or corporation having pur
chased same, the date o f shipment, the percentage and gravity
in degrees Baume scale, at a temperature o f sixty degrees Fahren
heit, o f each o f the component parts o f animal, vegetable and
mineral oil contained in the mixture, and the gravity in degrees
Baume scale of the mixture, at a temperature o f sixty degrees
Fahrenheit.
Each label shall have printed thereon, over the facsimile sig
nature o f the person, firm or corporation having compounded the
oil, the follow ing: “ This package contains oil for illuminating
purposes in coal mines in the State o f Montana, and the composi
tion thereof as shown herein is correct”
(c ) No person, firm or corporation shall sell or offer for sale
any oil for illuminating purposes in any coal mine unless the
barrel or package in which such oil was received bears the label
o f the compounder as provided for in this a ct
Each person, firm or corporation selling or offering for sale any
oil for illuminating purposes in any coal mine, shall, upon request
o f the State coal mine inspector, or o f any officer or duly author
ized agent o f any owner or lessee o f a coal mine located within
five miles o f the point where such oil is offered fo r sale, or o f any
coal miner, submit such oil for examination, and upon request
give a sample o f such oil from one or more original containers
selected by such inspector, officer, agent or miner for the purpose
o f making a test thereof.
(d ) No person shall adulterate any oil, either before or after
taking same from original containers, and shall not alter, transfer
or refuse any label placed upon any container.
(e) No person shall use for illuminating purposes in any coal
mine any oil other than oil specifically provided for in this act.
Each person while in a coal mine shall, upon request o f the in
spector of mines or any officer or duly authorized agent of the
owner or lessees, submit his lamp and supply o f oil for examina
tion and upon request give sample o f oil for purpose o f making
test thereof, and state from whom purchased.
The provisions o f this act relating to compounding, sale and use
of oil for illuminating purposes in coal mines shall apply to oil
used in lamps for open lights only, but do not apply to drivers,
rope riders or motor men while acting in such capacity. The
oil used in safety lamps may be o f such composition as will best
serve the purpose.
W o r k ings
Sec. 95. In no case shall the workings o f a coal mine be driven
near
nearer than ten feet to the boundary line o f the coal rights per aries. bound
taining to said mine, except for the purpose o f establishing con
necting workings between properties owned by the same person
or an underground communication between contiguous mines as
provided for elsewhere in this a ct
Sec. 96. Immediate notice must be conveyed to the State coal Notices r e
quired.
mine inspector by the operator interested:
F irst: Whenever an accident occurs whereby any person re
ceives serious or fatal in ju ry :
Second: Whenever work is commenced to sink a shaft, slope or
drift, either for hoisting or escapement purposes:
T hird: Whenever it is intended to abandon any mine or to
reopen any abandoned mine:
F ourth: Upon the appearance o f any large body o f fire damp in
mine, whether accompanied by explosion or not, and upon the
occurrence o f any serious fire within the mine or on the surface
around the mine:
F ifth : When the workings o f any mine are approaching near
any abandoned mine believed to contain accumulation of water
or g a s:
1268
B U L L E T IN OF T H E BU BEA U OF LABOR STATISTICS.
Sixth: Upon the accidental closing or intended abandonment o f
any regularly established passageway to an escapement outlet.
Investigation
Sec. 97. When advised by an operator o f any accident in a coal
of accidents.
mine involving loss of life or serious personal injury the State
Inquests.
Signals.
coal mine inspector shall, if he deem necessary from the facts re
ported, and in all cases o f loss of life, immediately go to the
scene o f said accident or send some competent person authorized
by him. It shall, moreover, be the duty o f every operator of a
coal mine, or his agent, to make and preserve fo r the informa
tion o f the inspector, upon uniform blanks furnished by the said
inspector, a record o f all injuries sustained by any employees in
the pursuance o f their regular occupation.
The State coal mine inspector may also make any original or
supplementary investigation which he may deem necessary as
to the nature and cause o f any accident within liis jurisdiction and
shall make a record o f the circumstances attending the same and
of the result of his investigations for preservation in the files
of his office.
To enable him to make such investigation he shall have the
power to compel the attendance o f the witnesses and to administer
oaths or affirmations to them, and the cost o f such investigation
shall be paid by the county in which such accident has occurred
in the same manner as the cost o f coroners’ inquest is paid.
Sec. 98. I f any person is killed by any explosion, or other acci
dent, the operator must also notify the coroner o f the county, his
authorized deputy or, in the absence o f either or in the inability
of either to act, any justice o f the peace of said county for the
purpose o f holding an inquest concerning the cause o f such death.
At such inquest the State coal mine inspector, his deputy or au
thorized representative shall offer such testimony as he may be
possessed of, and he may question or cross-question any witness
appearing in the case; and the owner, agent or manager o f the
coal mine, either in person or by counsel, shall also be at- liberty
to examine or cross-examine any witness at any such inquest.
Any person having personal interest in or employed in the man
agement o f the mine in which the accident occurred shall not be
qualified to serve on the jury empaneled on the inquest; and it
shall be the duty o f the constable or other officer not to summon
any person disqualified under this provision, and it shall be the
duty of the coroner not to allow any such to be sworn or sit on
the ju ry ; nevertheless, when possible, one-third of the jurymen
shall be miners.
Unless the State coal mine inspector, or some person authorized
by him, is present at an inquest held upon the body o f any person,
where death may have been caused by any such accident, the cor
oner shall adjourn the same and, by written notice or telegram
delivered or sent to the State coal mine inspector at least two
days before holding the adjourned inquest, give notice o f the time
and place o f the holding o f the same. Before such adjournment
the coroner, his authorized deputy or the justice o f the peace, may
take evidence to identify the body and order the interment
thereof.
Sec. 99. A t any coal mine operated by shaft more than one hun
dred feet in depth, or by slope, the manner o f signaling to and
from the bottom man, the top man, the rope riders and the ‘en
gineer shall consist o f wires or a tube or tubes through which
signals shall be communicated by electricity, compressed air or
other pneumatic devices.
The following signals are provided for use at coal mines where
signals are required:
One ring or whistle.— One ring or whistle shall signify to hoist
coal or the empty cars or cage, and also to stop either when in
motion.
Two rings or whistles.— Two rings or whistles shall signify to
lower cage or car.
Three rings or whistles.—Three rings or whistles shall signify
that men are coming u p ; when return signal is received from en-
LABOR LAWS----MONTANA----ACTS OF 1911.
1269
gineer, either by bell, whistle or slight movement o f the trip, men
will get on cage or cars and. the eager or rope rider shall ring or
whistle “ on e” to start.
Four rings or whistles.— Four rings or whistles shall signify to
hoist slowly, implying danger.
Five rings or whistles.— Five rings or whistles shall signify acci
dent in the mine and call for stretchers.
From top to bottom.— One ring or whistle shall signify—All
ready, get on cage or cars.
From top to bottom.— Two rings or whistles shall signify— To
send away empty cage or cars.
Provided, That the management of any mine may, with the con
sent o f the State coal mine inspector, add to or change this code
of signals at their discretion for the purpose of increasing its effi
ciency or o f promoting the safety o f the men in said mine, but,
whatever code may be established and in use at any mine it must
be approved by the State coal mine inspector, and shall be con
spicuously posted at the top and at the bottom o f every shaft or
slope, and at the landing place on all rope haulage systems, also
in all engine rooms for the information and instruction o f all per
sons. In any coal mine, where more than fifty men are employed
underground, one or more telephones shall be installed communi
cating with the surface.
Sec. 100. The hoisting engineer on any shaft, slope or drift at Hoisting enany mine shall be in constant attendance at his engine during £ineersworking hours when there are workmen underground. He shall
not permit any one to enter or to loiter in the engine room, except
those authorized by their positions or duties to do so, and he shall
hold no conversation with any officer o f the company or other
person, or leave his engine, while in motion or while his attention
is occupied with the signals. A notice to this effect shall be posted
on the door o f the engine house.
The hoisting engineer must thoroughly understand the estab
lished code o f signals, and such signals must be delivered in the
engine room in a clear and unmistakable manner, and he shall not
recognize any signals other than those provided for in this act, or
such as have been approved by the State coal mine inspector; and
when he has the signal that men are on the cage, car or cars, he
must work his engine only at the rate o f speed herein provided
for by this act. He shall permit no one to handle or meddle with
any machinery under his charge, nor suffer any one who is not a
certified engineer to operate his engine except for the purpose o f
learning to operate it or repair same, and then only in the pres
ence o f the engineer in charge and when men are not on the cages,
car or cars.
Sec . 101. Each person desiring to work by himself, at mining or Qualifications
loading shall first produce satisfactory evidence, in writing, to the of miners,
mine foreman of the mine in which he is employed, or to be
employed, that he has worked at least nine months with, under
the direction of, or as a practical m iner: Provided, however, That
if the mine in which such person is to be employed generates
explosive gas ore [or] fire damp, he shall have worked not less
than twelve months with, under the direction of, or as a practical
miner. Until a person has so satisfied the mine foreman of his
competency, he shall not work or be permitted to work at mining
or loading unless accompanied by a miner holding the foregoing
qualifications.
Sec. 102. Every coal mine operator, whether person, copartner- s t a t is tic a l
ship or corporation shall within thirty days after receipt of blanks reports,
from the State coal mine inspector asking for statistical data
relative to any coal mine operated by the person, copartnership or
corporation addressed, fill in the blanks of such forms, answering
all interrogations correctly and mail the same to the State coal
mine inspector.
Sec . 103. If any operator, company or corporation neglects to
violations,
comply with, or violates the requirements o f this act, either in part
1270
B U L L E T IN OF T H E BU REA U OF LABOR STATISTICS.
or in whole, or if any owner, operator, manager, superintendent,
mine foreman or his assistant coerces, intimidates or causes any
employee to do the things prohibited, or causes them to do as pro
vided against in this act, such operator, company, corporation,
manager, superintendent, mine foreman or his assistant shall be
liable to a penalty o f twenty-five dollars for each and every day
during which the offense continues; proceedings to be instituted
in any court o f competent jurisdiction in the county in which such
offense is committed.
In case o f the failure o f any operator, company or corporation
to comply with the provisions in this act in relation to the sink
ing of escapement shaft or the ventilation o f mines the State
coal mine inspector, through the county attorney for the county
in which such failure occurs, or through any other attorney in
case the county attorney fails to act promptly, shall proceed
against such operator by injunction, without bond, to restrain
him from continuing to operate such portion o f the mine until all
legal requirements have been complied with.
When the State coal mine inspector shall discover that any sec
tion o f this act, or any part thereof, is being neglected or violated
he shall order immediate compliance therewith and in case o f
continued failure to comply shall, through the county attorney
or any other attorney in case o f his failure to act promptly, take
the necessary legal steps to enforce compliance therewith through
the penalties herein prescribed.
t I f it becomes necessary, through refusal or failure o f the county
attorney to act, for any other attorney to appear fo r the State
in any suit involving the enforcement o f any o f the provisions o f
this act, reasonable fees for the services o f such attorney shall be
allowed by the county commissioners in and for the county in
.which such proceedings are instituted.
\ Any employee engaged at work in or around any coal mine in
the State o f Montana, or any other person, who violates any part
o f this act shall for each offense be liable to a penalty not ex
ceeding five dollars, or in default o f payment shall be imprisoned
in the county jail for a period o f time not exceeding ten days, pro
ceedings to be instituted in any court o f competent jurisdiction
in the county in which such offense is committed. Any person,
firm or corporation who compounds, sells or offers for sale to
dealers any oil for illuminating purposes in any coal mine in this
State, contrary to the provisions o f section 97 o f this act, shall,
upon conviction thereof, be fined not less than fifty dollars nor
more than one hundred dollars and for the second offense, or any
subsequent offense shall be fined not less than one hundred dol
lars or imprisonment not less than thirty days nor more than
sixty days, or both at the discretion o f the court, proceedings to
be instituted in any court o f competent jurisdiction,
i Any person, firm or corporation who sells, or offers for sale, to
*
any employee o f a coal mine any oil for illuminating purposes in
a mine contrary to the provisions o f section 97 o f this act, shall,
upon conviction thereof, be fined not less than twenty-five dollars
or more than fifty dollars, and for a second or subsequent offense
shall be fined not less than twenty-five dollars and not more than
fifty dollars or imprisonment, not less than ten days and not more
than twenty days, or both at the discretion o f the court, proceed
ings to be instituted in any court o f competent jurisdicion.
Definitions.
Sec. 104. (a ) “ Mine.” In this act the words “ mi ne” and
“ coal m ine” used in their general sense are intended to signify
any and all underground parts o f the property o f a mining plant
which contribute, directly or indirectly, under one management,
to the mining or handling o f coal.
(b ) “ Excavations or Workings.” The words “ excavations”
and “ workings ” signify any and all parts o f a mine excavated or
being excavated, including shafts, slopes, tunnels, entries, rooms
and working place, whether abandoned or in use.
(c ) “ Shafts.” The term “ shaft ” means any verticle [vertical]
opening through the strata which is or may be used for the pur-
LABOR LAWS----MONTANA— ACTS OF 1911.
pose o f ventilation or escapement, 01* for hoisting or lowering o f
men or material in connection with the mining o f coal.
(d ) “ Slope” or “ Drift.” The terms “ slope” and “ d r ift”
mean respectively an incline or horizontal way, opening or tunnel
to a seam o f coal to be used for the same purpose as a shaft.
(e) “ Following shot.” A “ following sh ot” is a shot which is
dependent in its action on the result o f another shot.
(f ) “ Operator.” The term “ operator” as applied to the party
in control o f a mine under 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 man
agement thereof.
(g) “ Mine Foreman.” The “ mine forem an” is a person who
is charged with the general direction o f the underground work, or
both the underground work and the outside work of any coal mine,
and who is commonly known and designated as “ mine boss.”
(h) “ Mine examiner.” The “ mine examiner” is the person
charged with the examination o f the condition of the mine before
the miners are permitted to enter it, and who is commonly known
as the “ fire boss.”
S ec. 105. The following sections 1679, * * * [to] 1710, 2023
o f the Revised Codes o f the State of Montana and chapter 64 and
69 of the laws o f 1909, o f the State o f Montana are hereby ex
pressly repealed, and all other acts or parts o f acts in conflict
herewith.
1271
Repeals,
ACTS OF 1913.
C hapter 44.— Protection of employees on street railways—
Vestibules to be heated.
Section 1. It shall be unlawful for any corporation, person, or
Heating reassociation, owning or controlling or operating any street railway, quiL'edelectric car or trolley car within the State o f Montana, to run or
operate its cars in the regular service o f carrying passengers,
during the months o f November, December, January, February
and March, without first providing that the vestibule o f such cars
shall be heated in the same manner as the interior o f said cars
at all times.
Sec. 2. Any corporation, person, or association owning, control- Violation,
ling or operating any street railway, electric, or trolley car, failing
to comply with the provisions o f this act shall be liable to a fine
o f ($ 10 ) [ten] dollars, per car for each day operated in violation
of the provisions of this act.
C hapter 52.—Accidents to public service employees—Investi
gations.
Section 27.—The [public service] commission or some member investigation
thereof, or some person deputed by it, shall investigate and make required,
inquiry into every accident occurring in the operation o f any
public utility in this State, resulting in death, or injury to any
person, of such gravity as to require the attention of a physician
or surgeon. The testimony taken at such hearing shall be tran
scribed and filed in the office o f the commission.
C hapter 55.—Department of labor and industry.
S ection 1. The department of labor and industry of the State Department
o f Montana is hereby created, which shall consist of a commis- createdsi oner, boiler inspector, inspector o f mines and coal mine inspector
and such deputies and emiiloyees as are now or may hereafter be
authorized by law.
Sec. 2. The commissioners [commissioner] o f labor and industry
Appointment
shall be appointed by the governor, his term o f office shall be four ^ commissionyears and he may be removed by the governor for incompetence,
negligence or malfeasance in office. The commissioner shall exe
1272
BULLETIN OF THE BUKEAU OF LABOK STATISTICS.
cute an official bond in the penal sum of one thousand ($ 1 ,000)
dollars to be approved by the governor, and to be filed with the
State auditor. Such commissioner shall also and is hereby author
ized to appoint one clerk who shall hold office at the pleasure of
the commissioner. He is also authorized to employ one stenog
rapher.
Duties.
Sec. 3. The duties o f the commissioner of labor and industry
shall be to enforce the provisions o f sections 1746 to and including
section 1754 o f the Revised Codes o f the State o f Montana, 1907,
and to discharge the duties now imposed upon the commissioner
o f the bureau of agriculture, labor and industry relating thereto
and to free employment offices within this State.
Report.
Sec. 4. The commissioner shall collect, assort and arrange, sys
tematize and present in an annual report to the governor on or
before the first day of December in each year, statistical details
relating to all departments of labor and industry in the State o f
Montana.
Sec. 5. The commissioner shall have the power to administer
Inves t ig a
tions.
oaths, have and use a seal, with power, to examine witnesses
under oath, to take depositions or cause the same to be taken by
any one authorized to take depositions, and said commissioner
may deputize any male citizen over the age of twenty-one years to
serve subpoenas upon witnesses who shall be summoned in the
same manner as witnesses before the district court, and any per
son or owner, operator, or lessee o f any mine, factory, workshop,
smelter, mill, warehouse, elevator, foundry, machine shop or other
establishment, any agent or employee o f such owner, operator,
manager or lessee, who shall refuse to said commissioner ad
mission therein for the purpose o f inspecting, or who shall when
requested by him willfully neglect or refuse to furnish to him any
statistics or other information relating to his lawful duties, which
may be in their possession or under their control, or who shall
willfully neglect or refuse for thirty days to answer questions by
circular or by personal application, or who shall knowingly answer
such questions untruthfully or who shall refuse to obey any such
subpoenas and give testimony according to the provisions o f this
act, shall for every such willful neglect or refusal be guilty o f a
misdemeanor, and upon conviction thereof shall be punished by a
fine not less than fifty ($50) [dollars] nor more than one hundred
($100) dollars: Provided, That no witness shall be compelled to
answer questions respecting his private affairs nor to go outside
of his own county to give testimony.
Office, etc.
Sec. 6. The office o f said commissioner shall be at the capitol o f
the State where all the books, records and statistics o f the depart
ment shall be kept. The salaries and other expenses of the said
office shall be paid by the State in the same manner as is provided
by law for the payment o f the salaries and expenses o f other
State officers.
Expenses.
Sec. 7. The commissioner may incur such expenses as are nec
essary in the discharge o f the official duties of his department
provided that such expenses shall not exceed the amount appro
priated therefor in each year.
Salaries.
Sec. 8 . The commissioner shall receive an annual salary of
twenty-five hundred ($2,500) dollars, payable monthly; the clerk
an annual salary o f twenty-one hundred ($ 2 ,100 ) dollars, payable
monthly, and the stenographer an annual salary o f twelve hun
dred ($ 1 ,200) dollars, payable monthly.
B oiler in
Sec. 9. The State boiler inspector, the State inspectors of
spector, etc.
mines and the State coal mine inspector, their deputies, assist
ants and employees shall be appointed in the manner and perform
the duties now required by law and shall receive the same sala
ries as are now prescribed by law.
Reports.
Sec. 10. Each o f said officers provided for in this act shall
make reports as now required by law and the provisions o f this
act. Such reports shall be combined in one volume and published
biennially and shall contain such statistical and descriptive mat
ter as shall be approved by the State board o f examiners.
Bond.
LABOR LAWS— MONTANA— ACTS OP 1813.
1273
C hapter 63.— Inspection of steam vessels.
Section 1. The board of railroad commissioners of the State
Appointment
of Montana, shall appoint some suitable person inspector of steam of inspector,
vessels, other boats propelled by machinery, sailing crafts, ferry
boats and barges, other than private pleasure boats, on any of
the navigable waters o f the State o f Montana. Said inspector
Q u a i l ficashall have a practicable knowledge o f such boats and vessels and tions*
ferryboats as ply the navigable waters o f the State o f Montana,
and shall be experienced in the construction and familiar with the
safety appliances o f all such boats and their appurtenances.
S ec. 2. The inspector shall annually, or as often as the board
Duties,
of railroad commissioners may order, inspect every steamboat
or other barge propelled by machinery, or sailing boat, ferryboat
or barge, other than private pleasure boat, and shall examine
carefully the hull o f such boats and their equipment, and require
such changes, repairs and improvements to be adopted and used
as he may deem expedient for the safety o f all such boats. He
shall also fix the number o f passengers that may be transported
upon any b oa t; he shall likewise fix the number o f tons o f freight
that may be carried upon any such boat, barge or ferryboat. He
shall, whenever he deems it expedient to do so, visit any such
boat and examine into Its condition or their condition, fo r the
purpose o f ascertaining whether such boat or boats have a cer
tificate from the board o f railroad commissioners and whether
such boats are conformable to and obeying the conditions im
posed by this act and by the board o f railroad commissioners.
The owner, master, pilot and captain or engineer o f such vessel
or boat shall answer all reasonable questions and give all the in
formation in his or her possession in regard to such boat or boats,
or any o f them, concerning their machinery and the manner o f
managing said boat. The said inspector shall examine all lifesaving appliances and lifeboats carried on any such vessels, steam
boats or other boats propelled by machinery, as well as all ferry
boats. The inspector shall report the condition o f all such boats,
life-saving appliances and lifeboats to the board* o f railroad com
missioners.
Sec. 3. The inspector shall at all times have free access to any
A c c e s s to
and all o f such boats and parts thereof, and shall have free trans- boats,
portation thereon for the purpose o f making such inspection; and
he is hereby authorized, whenever in his judgment the master,
owner, captain or pilot of any o f the boats mentioned in this act,
has failed to comply with the provisions o f this act, or when he
deems such boat unsafe, to cause the same to be tied up until such
owner, master, captain or pilot shall have complied with the pro
visions of this act, or until such boat shall have been made safe
and seaworthy, as the case may be; and if any such master,
owner, captain or pilot or any other persons shall release or cause
to be released, any such boat, he shall be deemed guilty o f a mis
demeanor.
Sec. 4. The inspector shall report all of his findings to the board tificS
ates
C
6r
o f railroad commissioners o f the State o f Montana, which said
commission shall thereupon, if in its opinion said boat shall be
seaworthy and safe for the carrying o f passengers and freight,
issue to such boat a certificate or permit to engage in the business
o f navigation on any o f the navigable waters o f the State o f Mon
tana, and shall likewise issue licenses to any captain or pilot o f Licenses,
said boat, if in its judgment said captain or pilot is qualified for
the duties imposed upon him by the provisions o f this act; and
said commission shall issue all rules and regulations that that Regulations,
[sic] may be in its judgment necessary for the safe navigation
of all steamboats all all [sic] boats propelled by machinery, sail
boats, ferryboats and barges, including pleasure crafts propelled
by machinery navigating on any o f the navigable waters of this
State.
S ec. 12. Every steamboat or other boat affected by this act,
Life preservshall have a life preserver lor each passenger, and she shall also ers*
1274
BULLETIN' OF THE BUBEATJ OF LABOR STATISTICS.
carry one for each o f her crew. Such life preserver shall be made
of good, sound cork blocks, easily adjusted to the body with belts
and straps, properly attached, and so constructed as to pass the
cork under the shoulders and around the body o f the person
wearing the same. Each life preserver, shall contain at least six
pounds o f good cork, having a buoyancy o f at least four pounds to
each pound o f cork. It shall be the duty o f the inspector, to satis
factorily ascertain that every life preserver is as herein required.
All such life preservers shall be kept in a convenient place, acces
sible in case o f accident, in readiness for immediate use, and the
place where same are kept shall be designated in the certificate
issued by the board o f railroad commissioners and pointed out
by printed notices posted in such places as the board of railroad
commissioners may direct.
Boilers.
gE . 13. The State boiler inspector shall inspect all steam
C
boilers in each o f the steamboats within the State.
Absence of ligE t ^5 j f any
C
subject to the provisions o f this act shall
censec o cer.
deprived o f the services o f any licensed officer without the con
sent, fault or collusion o f the matter [master], owner, or person
interested in such boats, the board o f railroad commissioners
shall be notified and the deficiency may be temporarily supplied
until the services o f a licensed officer can be obtained.
in spection
S ec. 16. The owner o f every steamboat or other boat propelled
feesby machinery, sailing-boat, ferryboat or barge, subject to the pro
visions o f this act, shall pay the board o f railroad commissioners,
for the use and benefit o f the State, an inspection fee on such
boats, as follows, to w it: For each boat under ten tons burden,
ten ($ 10 ) dollars; for each boat over ten tons burden and under
twenty tons burden, fifteen ($15) dollars; for each boat over
twenty tons and under fifty tons burden, twenty ($ 20 ) dollars;
for each boat over fifty tons and under one hundred tons burden,
twenty-five ($25) dollars; and all over a hundred tons burden,
thirty ($30) dollars. For each ferryboat, ten ($ 10 ) dollars, and
for each barge, ten ($ 10 ) dollars.
License fees.
Sec. 17. For every license granted under the provisions o f this
act, there shall be charged and collected from the person receiving
such license, for the use and benefit o f the State, the sum o f five
($5) dollars, which said license shall remain in full force for one
year from the date thereof.
Enforcement.
S ec. 19. It is hereby made the duty o f the board o f railroad
commissioners, to enforce the provisions o f this act, and said
board o f railroad commissioners shall have the jurisdiction to
make all needful rules providing for the safety o f all passengers,
crews and freight traveling or being transported upon the navi
gable waters o f this State, provided that such rules are within
the provisions o f this act.
When unlawS ec. 20. It shall be unlawful for any person or persons to operfui to operate. ate any. steamboat or other boat propelled by machinery, sailing
craft or ferryboat, or engage in the business o f the navigation of
boats, without first complying with the provisions o f this act.
Violation.
gEC. 21. Any person violating any o f the provisions o f this act
shall be deemed guilty o f a misdemeanor, and upon conviction
thereof, be fined in any sum not less than twenty-five ($25) dol
lars, nor more than three hundred ($300) dollars or imprisoned
in the county jail not exceeding six months; and in addition
thereto the board o f railroad commissioners may revoke or sus
pend the license o f any captain or pilot o f any boat navigated in
violation of the provisions of this act.
C hapter 72.—Highway law—Liability o f employers fo r taxes—
Employment o f drivers.
Employer liaChapter II, Section 4. I f any person required to pay the special
bie to pay tax. roa(j fax mentioned in this act does not pay the same and has no
property subject to taxation and the person owing the same is in
the employment o f any other person, the county treasurer must
deliver to the employer .a written notice, stating the amount o f
LABOR LAWS----MONTANA— ACTS OF 1913.
1275
tax due for such employee, and from the time o f receiving said
notice the employer is liable to pay said tax, and the tax so paid
May deduct
may be deducted by such employer from the amount then due or from wages,
to become due to such employee.
Chapter V I I I , Sec. 2 . No person must' employ, to drive any intem perate
vehicle, for the conveyance o f passengers upon any public highway drivers,
or road, a person addicted to drunkenness, under penalty of $5.00
for every day such person is in his employ.
Sec. 3. I f any person while actually employed in driving any in t o x i c a t e d
vehicle is intoxicated to such a degree as to endanger the safety drivers,
o f his passengers, the owner, on receiving from any passengers a
written notice o f the fact, verified by his oath, must forthwith dis
charge such driver, and if he have such driver in his service within
six months after such notice he incurs a like penalty.
Sec. 5. The owner o f every vehicle running or traveling upon
Liability of
any highway or road for the conveyance o f passengers, is liable owner*
for all damage to person or property done by any person in his
employment as a driver while driving such vehicle, whether done
willfully or negligently, or otherwise, in the same manner as
such driver would be liable.
C hapter
76.—Employment of children— School attendance.
Section 1100. All parents, guardians, and other persons who
Attendance
have care of children, shall instruct them, or cause them to be in- required,
structed in reading, spelling, writing, language, English gram
mar, geography, history and civics, physiology and hygiene and
arithmetic. Every parent, guardian or other person having
charge of any child between the ages o f eight and fourteen years
shall send such child to a public, private, or parochial school, for
the full time that the school attended is in session, which shall in
no case be fo r less than sixteen weeks during any current year,
and said attendance shall begin within the first week o f the
school term, unless the child is excused from such attendance by Exceptions,
the superintendent o f the public schools, in city and other districts
having such superintendent, or by the clerk o f the board o f
trustees in districts not having such superintendent, or by the
principal o f the private, or parochial school, upon satisfactory
showing, either that the bodily or mental condition o f the child
does not permit o f its attendance at school, or that the child is
being instructed at home by a person qualified, in the opinion of
the superintendent o f schools in city or other districts having
such superintendent, or clerk o f the board o f trustees in districts
not having such superintendent, to teach the branches named in
this section: Provided, That the county superintendent may excuse
children from attendance upon such schools where in his judg
ment the distance makes such attendance an undue hardship. In
case the county superintendent, city superintendent, principal or
clerk refuses to excuse a child from attendance at school, an
appeal may be taken from such decision to the district court of
the county, upon giving a bond, within ten days after such re
fusal, to the approval o f said court, to pay all costs o f the appeal,
and the decision o f the district court in the matter shall be final.
All children between the ages o f fourteen and sixteen years, not Unemployed
engaged in some regular employment, shall attend school for the cbildren*
full term during which the school o f the district in which they
re^ige are [is] in session during the school year, unless excused for
th 6 reason above named. Any parent, guardian or other person
having the care o f or custody o f a child between the ages o f eight
and fourteen years, who shall fail to comply with the provisions
of this section, shall be deemed guilty o f a misdemeanor, and
upon conviction thereof, shall be fined not less than five dollars
nor more than twenty dollars.
Violation.
S ec. 1101. No child under fourteen years o f age shall be e m -sc^oifng acerployed or be in the employment of any person, company or corpo- tificate.
ration during the school term and while the public schools are in
1276
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
session, unless such child shall present to such person, company or
corporation an age and schooling certificate herein provided for.
An age and schooling certificate shall be approved by the superin
tendent o f schools or by a person authorized by him, in city or
other districts having such superintendent, or by the clerk o f the
board of trustees in districts not having such superintendent, upon
a satisfactory proof o f the age o f such minor and that he has suc
cessfully completed the studies enumerated in section 110 0 o f this
chapter; or if between the ages o f fourteen and sixteen years, a
knowledge of his or her ability to read intelligently and write
legibly the English language. The age and schooling certificate
shall be formulated by the superintendent of public instruction
and the same furnished, in blank, by the clerk o f the board of
trustees. Every person, company, or corporation employing any
child under sixteen years o f age, shall exact the age and schooling
certificate prescribed in this section, as a. condition o f employment
and shall keep the same on file, and shall upon the request of the
truant officer hereinafter provided for, permit him to examine
such age and schooling certificate. Any person, company or corpo
ration, employing any minor contrary to the provisions o f this
chapter shall be fined not less than twenty-five nor more than
fifty dollars for each and every offense.
Illiterates.
Sec. 1102. A ll minors over the age o f fourteen and under the
age of sixteen years, who can not read and write the English lan
guage shall be required to attend school as provided in section
1100 o f this chapter, and all provisions o f said section shall apply
to said minors: Provided, That such attendance shall not be
required o f such minors after they have secured a certificate from
the superintendent o f schools in districts having superintendents,
or the clerk o f the board of trustees in districts not having super
intendents, that they can read, and write the English language.
No person, company, or corporation, shall employ any such minor
during the time schools are in session, or having such minor in
their employ shall immediately cease such employment, upon
notice from the truant officer who is hereinafter provided. Every
person, company or corporation violating the provisions o f this
section, shall be fined not less than twenty-five nor more than fifty
dollars for each and every offense.
Truant offi
Sec. 1103. * * * The truant officer shall be vested with
cer.
police powers, the authority to serve warrants, and have authority
to enter workshops, factories, stores, and all other places where
children may be employed, and do whatever may be necessary, in
the way o f investigation or otherwise to enforce the provisions o f
this chapter; * * *
Needy chil
Sec. 1108. When any truant officer is satisfied that any child,
dren.
compelled to attend school by the provisions of this chapter is
unable to attend school because absolutely required to work, at
home or elsewhere, in order to support itself or help support, or
care for others legally entitled to its services, who are unable to
support or care for themselves, or who are unable to attend school
because o f some physical ailment, the truant officer shall report
< Relief,
the case to the authorities charged with the relief o f the poor, and
it shall be the duty o f said officers to afford such relief as will
enable the child to attend school the time each year required under
the provisions o f this chapter. Such child shall not be considered
or declared a pauper by reason o f the acceptance o f the relief
herein provided for. In case the child or its parents or guardians,
refuses or neglects to take advantage o f the provisions thus made
for its instruction, such child may be committed to the industrial
school hereinafter provided for. In all cases where relief, includ
ing books, medical aid and clothing, is necessary it shall be the
duty o f the board o f trustees to furnish such aid free of charge
and said board o f trustees may furnish any further relief it may
deem necessary, the expense incident to furnishing said books,
medical aid, clothing and further relief to be paid from the
general fund of the school district.
LABOR LAWS----MONTANA— ACTS OF 1913.
1277
C hapter 80.— Safety appliances on street railways.
Section 1. On or before September 1st, 1913, all double track
street railway, electric cars or troll [e]y cars, so called, conveying
passengers in the State o f Montana shall be fitted with at least
two independently operating brakes, one o f which must be
mechanical, such as air brake, electric short-circuiting brake or
electric-magnetic brake.
Sec. 2. Any corporation or person owning and operating street
railway cars, electric or troll [e]y cars, failing to comply with the
provisions of this act, shall be liable to a fine of ten ($ 10 ) dol
lars per car for each day operated without such equipment.
Brakes.
Violation.
C hapter 108.—Employment of women—Hours o f labor— Seats.
S ection 1. No female shall be employed in any manufacturing,
Limit
of
mechanical or mercantile establishment, telephone exchange room, nine hours.
or office, or telegraph office, laundry, hotel or restaurant in this
State, for more than nine hours in any one day. The hours o f
work may be so arranged so as to permit the employment o f fe
males at any time so that they shall not work more than nine
hours during the twenty-four o f any one d a y : Provided, That fe
males may be employed, in retail stores to work, not to exceed ten
hours in any one day for one week immediately preceding Christ
mas D a y : And provided further, That over time at extra compen
sation shall be allowed where life or property is in imminent
danger.
Sec. 2. Every employer in any manufacturing, mechanical or
Seats.
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 employed in the active duties o f their employ
ment.
Sec. 3. Any employer who shall require any female to work in Violation.
any of the places mentioned in section 1 , more than the number
of hours provided in this act during any day o f 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 the
number o f 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 2 o f this act, or who shall
permit or suffer any overseer, superintendent or other agent o f
any such employer to violate any o f the provisions o f this act,
shall be guilty o f a misdemeanor, and upon conviction thereof,
shall be fined for each offense not less than fifty ($50) dollars,
nor more than two hundred ($ 200) dollars, or be imprisoned in
the county jail for a period o f not less than ten nor more than
sixty days, or both such fine and imprisonment.
C hapter 115.—Railroads— Observance of safety provisions.
Section 1. It is hereby made the duty o f the board o f railroad
commissioners to make inquiry into the observance by all rail
roads within this State o f the laws of the United States and of
the State o f Montana intended to safeguard the lives o f the em
ployees o f persons or corporations engaged in operating the same
and to lay complaint before the proper officer, State or Federal, o f
any infraction o f any o f such laws and to prosecute before the
proper court or tribunal any person guilty o f violation o f the
penal provisions thereof.
S ec. 2. Said board shall, in its annual report, set out what
effort it has made to carry out the provisions o f this act with the
results thereof, and in detail what steps it has taken to procure
to be prosecuted any violations o f any such acts o f which it has
secured information.
Enforcement.
Report.
1278
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
C hapter 134.— Mine regulations—Deputy inspector.
Appointment
S ection 1. Tlie governor, by and witli tlie advice and consent of
of inspector.
the semite, shall appoint one deputy State coal mine inspector.
Powers.
Said deputy State coal mine inspector shall be selected from
among the list o f names certified to by the county examining
board for mine foreman, fire boss or mine examiner, as having
successfully passed the examination o f mine foreman and who
has been granted a certificate of eomi>etency as such by a county
examining board in Montana.
S ec. 2. He shall have like powers and duties as the State coal
mine inspector, but be under the supervision and subject to the
orders of and report to the State coal mine inspector, any and all
acts pertaining to the inspection o f mines, investigation o f acci
dents. scales, washhouses and any other duties as such deputy
State coal mine inspector and shall reside in and perform the
duties o f deputy State coal mine inspector in the districts as
signed him by the State coal mine inspector. The deputy State
coal mine inspector shall receive a salary o f twenty-one hundred
($ 2,100 ) dollars per year, and all necessary traveling expenses.
He shall file with the State treasurer, a bond in the sum o f five
thousand ($5,000) dollars, approved by the governor for the faith
ful performance of Ms duties.
NEBRASKA.
REVISED STATUTES, 1013.
Wages as preferred claims—In assignments.
S ection 263. Nothing in this chapter [regulating assignments]
Wage claims
contained shall be construed so as to prevent any debtors from J® have p r e
paying or securing to be paid any debt not exceeding the sum o f
one hundred dollars, for clerks’ or servants’ wages, or from paying
or securing any debt which shall have been created within nine
months prior to the date o f such payment, or securing, or to affect
any mortgage or security made in good faith to secure any debt or
liability created simultaneously with such mortgage or security:
Provided, Any such mortgage shall be filed for record in the proper
office within thirty days from its date.
Labor organizations, etc.—Incorporation.
S ection 610. All State, grand, supreme, or national, secret,
Lodges i n fraternal, benevolent or charitable orders, lodges, organizations, corporated.
societies or other bodies issuing charters to, and having subordi
nate or auxiliary orders, lodges, organizations, societies, or other
bodies within this State which may have been heretofore or may
hereafter be regularly established and chartered therefrom, or
thereby, including the following: * * * Knights of L abor;
* * * together with each and every subordinate or auxiliary
lodge, * * * or other designated organization or body within
this State, tinder its properly designated or chartered name as has
heretofore been, or may hereafter be established and chartered
within or for Nebraska, by its respective State, grand, supreme or
national lodge, organization, or other governing body, and working
under a charter or charters from its respective State, grand,
supreme, or national or other governing body, be and the same
are hereby made and declared corporations within this State under
the name and title designated in their respective charters, by
which name they shall be capable of suing, and being sued, o f
pleading and being impleaded in the several courts o f this State,
the same as natural persons.
Mothers* pensions—Aid for dependent children.
Section 1250. When any child under the age of eighteen years
Commitment
shall be found to be delinquent, dependent or neglected within th e to institution,
meaning o f this article, the court may make an order committing
the child to the care o f some suitable institution * * * I f the Support with,
parent or parents o f such dependent or neglected child are poor and parents,
unable to properly care for the said child, but are otherwise proper
guardians and it is for the welfare o f such child to remain at
home, the court may enter an order finding such facts and fixing
the amount o f money necessary to enable the parent or parents
to properly care for such child, and thereupon it shall be the
duty o f such county board, through its county agent or otherwise,
to pay to such parent or parents, at such times as said order may
designate the amount so specified for the care o f such dependent
or neglected child until the further order o f the court: Provided,
Not more than ten dollars per month shall be allowed for the care
1279
1280
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
of each ch ild: And provided further, That no such order shall be
effective for more than six months, unless renewed by the court
at or after the expiration o f that period. All payments are to be
made from the general fund of the county.
Protection of employees as voters— Time to vote.
T w o hours
Section 2193. Any person entitled to vote at a primary election
shall, on the day o f such election, be entitled to absent himself
from any service or employment in which he is then engaged or
employed for a period of two hours between the time of opening
and closing the polls, and such voter shall not, because o f so ab
senting himself, be liable to any penalty nor shall any deduction
be made, on account o f such absence, from his usual salary or
wages: Provided, hoivever, Application for such leave o f absence
shall be made prior to the day o f the primary. The employer may
specify the hours during which the employee may absent himself.
Threatening
gEc. 2405. It shall be unlawful for any person or persons, firm,
close o f 8hu^1 company or corporation employing any voter in the State o f Neness.
braska to coerce or in any way attempt to coerce such voter in
his voting or any other political action at any primary, caucus,
convention or election held or to be held in this State or to at
tempt to influence the political action o f such voter by threatening
to discharge him because o f his political action, or by threats on
the part o f such person or persons, firm, company or corporation
to close his or its place o f business in the event of the election o f
any candidate for public office, or in the event of the success o f
any political party at any election; and any person or persons,
firm, company or corporation in this State found guilty o f a violaVioiations.
tion o f this section shall be fined not more than one hundred
dollars or be imprisoned not to exceed thirty days in the county
jail.
aiiowe .
Inspection and regulation o f factories, etc.—Manufacture of food
products.
Section 2598. Every building, room, basement or cellar occupied
or used as a bakery, confectionery, cannery, packing house,
slaughterhouse, dairy, creamery, cheese factory, restaurant, hotel,
grocery, meat market or other place or apartment used for the
preparation for sale, manufacture, packing, storage, sale or dis
tribution o f any food, shall be properly lighted, drained, plumbed
and ventilated and conducted with strict regard to the influence
o f such condition upon the health of the operatives, employees,
clerks or other persons therein employed and the purity and
wholesomeness o f the food therein produced; and for the pur
pose of this article the term “ Food ” as herein used shall include
all articles used for food, drink, confectionery, or condiment
whether simple, mixed or compound, and all substances or in
gredients used in the preparation thereof.
Floors, walls,
S ec. 2599. The floors, side walls, ceilings, furniture, receptacles,
etc*
implements and machinery o f every establishment or place where
food is manufactured, packed, stored, sold or distributed, and all
cars, trucks and vehicles used in the transportation o f food prod
ucts, shall at no time be kept in an unclean, unhealthy and un
sanitary condition, and for the purpose o f this article, unclean, unliealthful and unsanitary conditions shall be deemed to exist if
food in the process o f manufacture, preparation, packing, storing,
sale, distribution or transportation is not securely protected from
Hies, dust, dirt and, as far as may be necessary, by all reasonable
means from all other foreign or injurious contamination; and if
the refuse, dirt and the waste products subject to decomposition
and fermentation incident to the manufacture, preparation, pack
ing, storing, selling, distributing and transporting o f food, are
not removed d aily; and if all trucks, trays, boxes, baskets, buckets
and other receptacles, chutes, platforms, racks, tables, shelves
and all knives, saws, cleavers and other utensils and machinery
Sanitation.
LABOR LAWS----NEBRASKA----REVISED STATUTES— 1913.
1281
used in moving, handling, cutting, chopping, mixing, canning and
all other processes are not thoroughly cleaned daily, and if the
clothing o f operatives, employees, clerks or other persons therein
employed is unclean.
Sec. 2600. The side walls and ceilings o f every bakery, confec- Construction,
tionery, creamery, cheese factory, hotel and restaurant kitchen, painting, etc.
shall be brick, cement, plastered, wainscoted or ceiled with metal
or lumber and shall be oil painted or kept well limewashed, and
all interior woodwork in every bakery, confectionery, creamery,
cheese factory, hotel and restaurant kitchen, shall be kept well
oiled or painted with oil paints or lime washed and kept clean
*
*
*
Sec. 2601. The doors, windows and other openings of every food
Screens,
producing or distributing establishment during the fly season shall
be fitted with self-closing screen doors and wire window screens
o f not coarser than fourteen-mesh wire gauze.
Sec. 2602. Every building, room, basement or cellar occupied or
Toilet rooms,
used for the preparation, manufacture, packing, canning, sale or etc.
distribution o f food, shall have convenient toilet or toilet rooms
separate and apart from the room or rooms where the process o f
production, manufacture, packing, canning, selling or distributing
is conducted. The floors o f such toilet rooms shall be o f cement,
tile, wood, brick or other nonabsorbent material and shall be kept
in a thoroughly cleanly and sanitary condition. Such toilet or
toilets shall be furnished with separate ventilating flues or pipes,
discharging into soil pipes, or on outside o f the building in which
they are situated. Lavatories and wash rooms shall be supplied
with soap, water and towels, and shall be maintained in a sanitary
condition. Operatives, employees, clerks, and all other persons
who handle the material from which food is prepared, or the
finished product, before beginning work or after visiting toilet or
toilets, shall wash their hands and arms thoroughly in clean
water.
Sec. 2603. Cuspidors for the use o f operatives, employees, clerks
Cuspidors,
or other persons shall be provided whenever necessary, and each
cuspidor shall be thoroughly emptied* and washed out daily with
disinfectant solution and five ounces o f such solution shall be left
in each cuspidor while it is in use. No operative, employee, or
other person shall expectorate on the floor or side walls o f any
building, room, basement, or cellar where the production, manu
facture, packing, storing, preparation, or sale of any food is
conducted.
S ec. 2604. No person or persons shall be allowed to live or sleep S l e e p i n g
in any room o f a bakeshop, kitchen, dining room, confectionery, rooms,
creamery, cheese factory, or place where food is prepared, served
or sold.
Sec. 2605. No employer shall require, permit, or suffer any per- Diseased emson to work, nor shall any person work, in a building, room, ployees.
basement, cellar, or vehicle occupied or used for the production,
preparation, manufacture, packing, storage, sale, distribution and
transportation o f food who is affected with any venereal disease,
smallpox, diphtheria, scarlet fever, yellow fever, tuberculosis, or
consumption, bubonic plague, Asiatic cholera, leprosy, trachoma,
typhoid fever, (epidemic,) epidemic dysentery, measles, mumps,
German measles, (Rothein), whooping cough, chicken pox or any
other infectious or contagious disease.
Sec. 2606. The State food, drug, dairy and oil inspector or
deputy inspector or agent of the said inspector shall have full
power at a ll times to enter and inspect every building, room, base
ment, or cellar occupied or used for the production for sale, manu
facture for sale, storage, sale, distribution or transportation of
food, and all utensils, fixtures, furniture and machinery used as
aforesaid, and if upon inspection, any food-producing or distrib
uting establishment, conveyance, employer, operative, employee,
clerk, driver or other person is found to be violating any of the
provisions o f this article, or i f the production, preparation, manu
facture, packing, storing, sale, distribution or transportation of
39387°—Bull. 148, pt 2—14------ 5
Enforcement,
1282
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
food is being conducted in a manner detrimental to the health o f
the employees and operatives and the character or quality of the
food therein being produced, manufactured, packed, stored, sold,
distributed or conveyed, the officer or inspector making the exami
nation or inspection shall furnish evidence o f said violation to the
county attorney who shall prosecute all persons violating any of
the provisions o f this article, or shall report such conditions and
violations to the State food, drug, dairy and oil inspector, who
shall issue an order to the person in authority at the aforesaid
establishment to abate the condition or violation or make such
improvements as may be necessary to abate them, within the
period o f five days or such reasonable time -as may be required in
which to abate them. Such order shall be in writing and the per
son receiving the order shall have the power of appeal from the
order and instructions, and may within five days from the issu
ance of the order appear in person or by attorney before the State
food, drug, dairy and oil commissioner to give reason why such
order or instruction should not be obeyed.
Violations.
S ec. 2607. A n y person who violates any o f the provisions o f this
article or who refuses to comply with any lawful orders or
requirements o f the State food, drug, dairy, and oil commissioner,
duly made in writing as provided by law, shall be guilty o f a
misdemeanor and on conviction shall be punished for the first
offense by a fine o f not less than ten dollars nor more than fifty
dollars; for the second offense by a fine o f not less than fifty
dollars nor more than one hundred dollars, and for the third and
subsequent offense by a fine of two hundred dollars and imprison
ment in the county jail for not less than thirty days nor more
than ninety days, and each day after the expiration o f the time
limit for abating unsanitary conditions and completing improve
ments to abate such conditions as ordered by the State food com
missioner shall constitute a distinct and separate offense.
Rates of wages o f employees o-n public roads.
Section 2929. * * * When necessary in his judgment, such
officer [in charge o f road work] may, upon one day’s notice, writ
ten or verbal, communicated in person or by telephone, call out
any able-bodied man under fifty years o f age, or any team or
teams owned by any person in the district, to perform such work
upon any road, bridge or culvert in his district as he may direct,
not exceeding two days at any one time, going wages to be paid
for such men and teams for the time actually worked.
Maximum
Sec. 2930. * * * Such highways [used for rural free delivery
rates.
mail routes] shall be kept properly drained and dragged and free
from all obstructions, including snow drifts, so as to be at all
times in good condition fo r ordinary travel, and he [the officer in
charge of road work] shall pay for the shoveling out o f snow
drifts not to exceed twenty cents per hour for one man, and not
to exceed 40 cents per hour for a man with team and scraper.
Current rates
to be paid.
Employment o f intemperate drivers on public conveyances.
in tem p era te
be*empioyed
Section 3 0 2 0 . No person owning any carriage running or trav-
t0 e^ n£ uP°n any roa(l in this State for the conveyance o f passen
gers, shall employ, or continue in employment any person to
drive such carriage who is addicted to drunkenness or the excess
ive use o f spirituous liquors, and if any such owner shall violate
the provisions o f this section, after he shall have had notice and
reasonable proof that such driver is addicted to drunkenness, he
shall forfeit at the rate o f five dollars per day for all the time
during which he shall thereafter have kept any such driver in his
employment.
intoxication
S ec. 3021. I f any driver, actually employed in driving any such
of driver.
carriage, shall be guilty o f intoxication to such a degree as to en
danger the safety of the passengers in the carriage, it shall be the
duty o f the owner o f such carriage, on receiving written notice of
LABOR LAWS----NEBRASKA----REVISED STATUTES----1913.
1283
the fact signed by any one o f said passengers and certified by him
on oath, forthwith to discharge such driver from his employment;
and every such owner who shall retain or have in his employ,
within three months after the receipt o f such notice, any driver
who shall have been so intoxicated, shall forfeit at the rate o f
five dollars per day for the time during which he shall keep any
such driver in his employment after receiving such notice.
Accident insurance.
Section 3240. No policy o f insurance against loss or damage
Standard
from disease or by bodily injury by accident, or both, o f the provisions as
assured, shall be issued or delivered in this State * * * unless occupation*. °
it contains in substance the following provisions:
*
*
*
*
*
Sixth—a provision that if the insured is injured or contracts
disease after having changed his occupation to one classified by
Hie company as more hazardous than that stated in the policy, or
while he is doing any act pertaining to any occupation so classi
fied, the company shall pay such proportion o f the indemnities
provided in the policy as the premium paid would have purchased
at the rate, but within the limit fixed by the company, for such
more hazardous occupation according to the company’s rates and
classification o f risks filed with the insurance board in this State
at or prior to the date o f insurance o f the policy under which
indemnity is claimed;
*
*
*
*
*
S ec. 3242. Nothing in this chapter shall affect any general or Blanket poiiblanket policy o f insurance issued to any municipal corporation or cies.
department thereof, or to any corporation, copartnership, associa
tion or individual employer, police or fire department, under
writers’ corps, salvage bureau or like associations or organiza
tions, when the officers, members or employees or classes or de
partments thereof are insured against specified accidental bodily
injuries or diseases while exposed to the hazards of the occupation
or otherwise, for a premium intended to cover the risks o f all per
sons insured under such policy; * * *
Employers' insurance—Mutual companies.
Section 3322. It is hereby enacted that any twenty or more incorporation,
employers, who have in the aggregate not less than five thousand
employees in the State o f Nebraska, and who have accepted the
provisions o f Part II o f the Workmen’s Compensation Law of 1913,
may form an incorporated employers’ mutual liability insurance
association for the purpose of insuring themselves and such other
employers as may become subscribers to the association, against
loss from the liabilities imposed upon such subscribers by said law,
or any act or acts amendatory thereof. Such incorporated em
ployers’ mutual liability insurance associations shall be permitted
to insure their subscribers against loss from the liability imposed
by law upon such subscribers for damages on account o f bodily
injuries or death, or property damage, suffered as the result o f an
accident by any person or persons, not employed by the subscriber.
S ec. 3323. The articles o f incorporation thereof shall state:
(a ) the name by which the association shall be known in law, ar^cies o^^nwhich name shall not be in conflict with that o f any existing asso- corporation,
ciation or company authorized to transact business in this State;
(b) the location o f its principal business office, which must be
located within the State;
(c) the plan o f doing business, which must be fully and clearly
defined;
(d ) the period o f time for which it is organized;
(e ) the number o f its directors, trustees or managers;
(f ) the title of the officers by whom the affairs o f the associa
tion are to be managed.
1284
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Approval of
Sec. 3324. The subscribers to said articles o f incorporation shall
articles.
acknowledge the same before some person empowered to take ac
knowledgments o f deeds. The articles o f incorporation shall then
be submitted to the auditor o f state and attorney general. I f said
articles are found to comply with the provisions o f this article they
shall approve the same. When said articles o f incorporation are
thus approved, they shall be recorded in the office o f the register o f
deeds in the county where such organization is located, and in the
office of the secretary o f state. A notice shall be published as
provided for under the general incorporation law o f the State
o f Nebraska, but such association shall not engage in business
until the further provisions o f this article have been complied with.
C e r t i ficate
Sec. 3325. Such association shall not begin to issue policies
required.
until the list o f the subscribers, with the number o f employees o f
each, together with such other information as the insurance com
missioner may require, shall have been filed at the insurance
department, nor until the president and secretary o f the associa
tion shall have certified under oath that every subscription in the
list so filed is genuine and made with an agreement o f all the
subscribers that they will take the policies subscribed for within
thirty days o f the granting o f the license by the State insurance
commissioner.
License.
Sec. 3326. Upon the filing o f the certificate provided for in the
preceding section, the State insurance commissioner shall make
such investigation as he may deem proper, and if his findings
warrant it, shall grant a license to the association to issue policies.
T e r m o f Sec. 3327. Charters under this article may be perpetual, or
charter.
limited in time, as the articles o f incorporation shall specify.
By-laws.
Sec. 3328. Such association shall have the power to make by
laws for the government o f its officers and the conduct of its
affairs, and the same to alter and amend; and adopt a common
seal.
Annual meet
Sec. 3329. The annual meeting for the election o f directors shall
ing.
be held at such time in the month of January as the by-laws o f
Notice.
Quorum.
Officers.
Voting.
the association may direct. O f the time and place o f said meeting
at least thirty days’ previous written or printed notice shall be
given to the subscribers, or such notice may be given by publica
tion not less than three times in at least two daily or weekly
newspapers, published in the city or county wherein the associa
tion has its principal office, and in the legal periodical, if any,
designated by the rules o f court of the proper county for the
publication o f legal notices. Subscribers who, during the preced
ing calendar year, have paid into the treasury o f the association,
premiums amounting to more than one-half o f the total premiums
received by it during that year, shall constitute a quorum. At
such annual meeting the subscribers shall elect, by ballot, from
their own number, not less than five directors, a majority o f whom
shall be residents o f this State, to serve for at least one year and
until their successors are duly chosen: Provided, however, That
such association may provide in its by-laws for the division o f its
board o f directors into two, three or four classes, and for the
election thereof, at its annual meetings, in such manner that the
members o f one class only shall retire and their successors be
chosen each year. Vacancies may be filled by election by the
board until the next annual meeting. In the choice o f directors
and in all meetings o f the association, each subscriber shall be
entitled to one vote for every one hundred dollars or any fraction
thereof paid by him in premiums into the treasury o f the associa
tion during the preceding calendar year. Subscribers may vote by
proxy, and the record o f all votes shall be made by the secretary,
and shall show whether the same were cast in person or by proxy
and shall be evidence of $11 such elections. Not less than three
directors shall constitute a quorum. The directors shall annually
choose, by ballot, a president, who shall be a member o f the board;
a secretary; a treasurer, who may also be either the president or
secretary; and such other officers as the by-laws may provide;
LABOR LAWS— NEBRASKA— REVISED STATUTES— 1913.
1285
and they shall fix the salaries o f the president and secretary, as
well as the salaries or compensation o f such other officers and
agents as the by-laws prescribe. Vacancies in any office may be
filled by the directors or by the subscribers, as the by-laws shall
prescribe.
Sec. 3330. Policies o f insurance issued by any such association
Policies.
may be made either with or without the seal thereof, and they
shall be signed by the president, or such other officers as may be
designated by the directors for that purpose, and attested by
the secretary.
When busi
S ec. 3331. I f at any time the number o f subscribers falls below
twenty, or the number o f the subscribers’ employees within the ness to be dis
continued.
State falls below five thousand, no further policies shall be issued
until the total number o f subscribers amounts to not less than
twenty, whose employees within the State are not less than five
thousand.
Inspection.
Sec. 3332. The board o f directors shall be entitled to inspect
the plant, workroom, shop, farm or premises o f any subscriber,
and for such purpose to appoint inspectors, who shall have free
access to all such premises during the regular working hours, and
the board o f directors shall likewise from time to time be entitled
to examine by their auditor or other agent, the books, records and
pay rolls o f any subscriber, fo r the purpose o f determining the
amount o f premium chargeable to such subscriber. The board o f
directors shall make reasonable rules and regulations for the pre R u l e s for
vention o f injuries upon the premises o f subscribers, and they may prevention of
refuse to insure or may terminate the insurance o f any sub injuries.
scriber who refuses to permit such examinations or disregards
such rules or regulations, and forfeit all premiums previously paid
by h im ; but such termination o f the insurance o f any subscriber
shall not release him from liability for the payment o f assessments
then or thereafter made by the board o f directors to make up
deficiencies existing at the termination o f his insurance.
C o n tingent
Sec. 3333. Every subscriber to such association shall be under
a contingent mutual liability for the payment o f losses and ex liability.
penses in excess o f the cash funds o f the association to an amount
equal to the premium paid by him during the current year.
Premiums.
S ec. 3334. The board o f directors shall determine the amount of
the premiums which the subscribers o f the association shall pay
for their insurance, in accordance with the nature o f the business
in which such subscribers are engaged, and the probable risk of
injury to their employees under existing conditions, and they shall
fix premiums at such amounts as in their judgment, subject to
the approval o f the State insurance commissioner, shall be suffi
cient to enable the association to pay to its subscribers all sums
which may become due and payable to their employees under the
provisions o f Part II o f the workmen’ s compensation law o f 1913,
and also the expenses o f conducting the business o f the associa
tion. In fixing the premium payable by any subscriber, the
board o f directors may take into account the condition o f the
plant, workroom, shop, farm or premises o f such subscriber in re
spect to the safety o f those employed therein, as shown by the
report o f any inspector appointed by such board; and they may
from time to time change the amount o f premiums payable by
any o f the subscribers as circumstances may require, and the con
dition o f the plant, workroom, shop, farm or premises o f such sub
scriber in respect to the safety o f their employees may justify;
and they may increase the premiums o f any subscriber neglecting
to provide safety devices required by law, or disobeying the rules
or regulations made by the board o f directors in accordance with
the provisions of the second next preceding section. No policy
o f insurance issued to any subscriber shall be effective until he
shall have paid in cash the premium so fixed and determined.
Assessments.
Sec. 3335. I f the association be not possessed o f cash funds,
over and above its unearned premiums, on undetermined risks,
1286
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
sufficient for the payment o f 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 liabilities.
Dividends.
Sec. 3336. The board o f directors may from time to time fix
and determine the amount to be paid as dividends upon policies
expiring each year, after retaining the unearned premiums upon
undetermined risks and sufficient sums to pay all the compensation
then payable, or which may become payable on account o f inju
ries received by employees of the subscribers, and to pay the
expenses incurred in the operation o f the business o f the associa
tion.
Classification.
Sec. 3337. The board o f directors may divide the subscribers
into groups in accordance with the nature of their business and
the probable risk or injury therein. In such case they shall fix all
premiums, make all assessments, and determine and pay all
dividends by and for each group in accordance with the experi
ence thereof, but all funds o f the association and the contingent
liabilities o f all subscribers shall be available for the payment of
any claim against the association: Provided, however, (As between
the association and its subscribers), until the whole o f the con
tingent liability o f the members o f any group shall be exhausted,
the general funds o f the association and the contingent liability
o f the members o f other groups shall not be available for the
payment o f losses and expenses incurred by such group in excess
o f the earned premiums paid by the members thereof.
Statement to
Sec. 3338. A statement of any proposed premium, assessment,
be filed.
dividend or distribution of subscribers into groups shall be filed
with the insurance department and shall not take effect until ap
proved by the State insurance commissioner.
False swear
Sec. 3339. I f any officer o f the association shall falsely make
ing.
oath to any certificate required to be filed with the State insur
ance commissioner, he shall be guilty o f perjury.
Withdrawal.
Sec. 3340. Any subscriber of the association who has complied
with all its rules and regulations, may withdraw therefrom by
written notice to that effect, sent by such subscriber by registered
mail to the association, and such withdrawal shall become effective
on the first day of the month immediately following the tenth day
after the receipt of such notice; but such withdrawal shall not re
lease such subscriber from liability for the payment of assessments
thereafter made by the board of directors to make up deficiencies
existing at the date of his withdrawal, and such subscriber shall
be entitled to his share of any dividends earned at the date of his
withdrawal.
When no poli
Sec. 3341. I f the State insurance commissioner shall find that
cies shall he is
more than fifty per centum o f the contingent liability o f all the
sued.
subscribers is required to pay accrued losses, after charging
against the funds in hand the unearned premiums on undeter
mined risks, no further insurance shall be issued until the sub
scribers have made good such deficiency.
Investments.
Sec. 3342. Such association shall invest and keep invested all
its funds o f every description, excepting such cash as m ay be
required in the transaction o f its business, as fo llow s:
First— In such real estate as it is authorized to hold by the next
following section;
Second— In bonds o f the United States or the District o f Colum
bia, or of any State or Territory o f the United States;
Third—In the legally authorized bonds or notes o f any govern
mental agency created by this State, or by any other State or
Territory o f the United States or Canada;
Fourth— In the bonds or notes of any solvent railroad corpora
tion, upon which no default in interest has been m ade;
Fifth— In loans upon improved and unincumbered real estate:
Provided, No loans on such real estate shall exceed sixty-six and
two-thirds per centum of the fair market value thereof at the
time of making such loan.
LABOR LAWS— NEBRASKA— REVISED STATUTES----1913.
Sec. 3343. No such association shall purchase, hold or convey
real estate, except for the purpose and in the manner herein set
forth, to w it:
First— Such as shall be requisite for its convenient accommoda
tion in the transaction o f its business;
Second— Such as shall have been mortgaged to it to secure loans
previously contracted or for moneys d u e;
Third— Such as shall have been conveyed to it in satisfaction o f
debts;
Fourth— Such as shall have been purchased at sales, upon judg
ments, decrees or mortgages obtained or made for debts due the
association, or for debts due other persons, where said association
may have liens or incumbrances o f [on] the same.
Any real estate purchased under the second, third or fourth
paragraphs o f this section, which has been held for a period of
more than five years from the date o f its purchase, shall be sold
and disposed o f within a period o f six months after notice to the
association from the State insurance commissioner to sell and con
vey the same: Provided, however, The said commissioner may
extend the time for such disposition if he believes the interest of
the association will suffer materially by a forced sale.
S ec. 3344. Any money o f such association, over and above the
unearned premiums on undetermined risks and such sums as are
required to pay all accrued losses, may be invested in the securi
ties above enumerated, or loaned upon the security o f the same;
or in the stock or other evidence o f indebtedness o f any solvent,
dividend-paying corporation, created under the laws o f this State
o r o f any other State o f the United States or loaned upon the
pledge of the same, except its own stock or the stock o f any other
insurance company: Provided, The current market value o f such
security shall be at least twenty per centum more than the sum
loaned thereon. But no such association shall invest any o f its
funds in any unincorporated business or enterprise, nor in the
stock or evidence o f indebtedness o f any corporation, the owners
or holders o f which stock or evidence o f indebtedness may in any
event be or become liable on account thereof o f any assessment,
except fo r taxes; nor more than one-fifth o f its capital shall be
invested in a single mortgage, nor shall any o f its funds be loaned
on personal security alone. No such association shall invest in,
acquire or hold, directly or indirectly, more than ten per centum
o f the securities o f any single company, nor shall more than ten
per centum of its assets be invested in the stock o f a single
company. No such association shall enter into an agreement to
withhold from sale o f [sic] any o f its property; but the disposi
tion o f its property shall be at all times within the control of its
board o f directors. I f any investment or loan is made in a man
ner not authorized by this article the officers and directors making
or authorizing the same shall be personally liable for any loss
occasioned thereby.
Sec. 3345. The designation “ State insurance commissioner” or
“ insurance commissioner ” as used herein is intended to mean the
State official who has charge o f the insurance department o f the
State o f Nebraska.
1287
Real estate,
Investments,
Definition.
Assignment of wages, etc.— Wage brokers.
S ection 3357. A rate of interest not exceeding one per cent per
month may be charged by agreement on loans not exceeding two
hundred and fifty dollars made for a period o f one year or less,
where such loans are secured * * * by an assignment o f
wages, credits or choses in action. In computing interest on loans
made at a higher rate than ten per cent per annum for a period
o f one year or less, it shall be lawful to charge interest only upon
the amount o f such principal which remains unpaid at the end o f
each installment and such interest so computed may be added to
the principal sum and principal and interest be paid in install-
Rate of in-
on s
1288
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Fees.
License.
Inspection.
Records.
Violations.
ments; but no interest may then be charged on deferred or
defaulted payments at a rate higher than ten per cent per annum,
and in every case the exact amount o f the principal sum and the
rate o f interest charged, shall be plainly stated on the note or
other evidence o f debt given to secure such loan.
Sec. 3358. It shall be unlawful for any person, firm or corpora
tion, which shall lend money at a rate higher than ten per cent
per annum, to charge the borrower any fee or commission or fine
or any sum in addition to the rate o f interest specified: Provided,
A fee o f one dollar may be charged for the inspection o f chattels,
where chattels are pledged for a loan, or a fee o f one dollar for
verifying statements or applications fo r loans or assignment o f
wages.
Sec. 3359. No person, firm or corporation shall lend money at a
rate exceeding ten per cent per annum until such person, firm or
corporation shall have secured a license which shall be issued by
the secretary o f state upon the payment o f a fee o f one hundred
dollars.
Sec. 3360. The secretary o f the State o f Nebraska is hereby
charged with the duty o f inspecting and is made State inspector
of the business records and accounts o f all persons, firms or cor
porations which lend money at a rate exceeding ten per cent per
annum and is hereby empowered to appoint deputy inspectors in
each county in the State who shall, under the direction o f the
secretary o f state, inspect the books and records o f such persons,
firms or corporations semiannually; and said inspectors shall be
compensated for their services at the rate o f ten dollars per day
for the time actually employed for such inspection; said full day
shall consist o f eight working hours. Said compensation fo r said
inspectors’ services shall be paid by the person, firm or corpora
tion whose business, books and records are inspected.
Sec. 3361. Each person, firm or corporation lending money at a
rate higher than ten per cent per annum shall keep a record
showing the name o f each borrower, the amount o f money loaned,
the rate o f interest charged and the manner in which payment is
to be made. All books, papers, records, assignments, notes and
securities connected wT the business shall be open to the inspec
ith
tors, but said inspectors shall not reveal any information so
secured except in a court upon the order o f a judge or a magis
trate thereof, when such information is essential to a trial or
before a grand jury.
*
Sec. 3362. No person, firm or corporation shall charge a rate o f
interest other than that specified in section 12 o f this chapter;
[sec. 3357] and1 any person, firm or corporation violating any of
the provisions herein made shall, upon conviction or upon judg
ment in civil action by the borrower, forfeit to the borrower both
principal and interest and, upon conviction shall be fined not less
than fifty dollars nor more than five hundred dollars or be im
prisoned in the county jail not less than sixty days nor more than
six months or both such fine and imprisonment. Any person,
firm or corporation violating the terms o f section 13 o f this chap
ter, [sec. 3358] shall upon conviction, pay a fine o f not less than
one hundred dollars nor more than one thousand dollars or be
imprisoned in the county jail not less than four months or
more than one year, or both such fine and imprisonment. Any
person, firm or corporation violating the terms o f section 16 o f
this chapter, [sec. 3351] shall, upon conviction, pay a fine o f not
less than twenty-five dollars or more than two hundred and fifty
dollars. Any inspector revealing any information secured from
the books, records or accounts o f money lenders, except as pro
vided in section 16 o f this chapter, [sec. 3361] shall, upon con
viction, be removed from office and pay a fine o f not less than ten
dollars nor more than five hundred dollars or be imprisoned not
more than sixty days in the county jail. Any person convicted o f
making a false statement to secure a loan shall pay a fine o f not
more than twenty-five dollars or be imprisoned in the county jail
LABOR LAWS----NEBRASKA----REVISED STATUTES----1913.
1289
not exceeding ten days, but such a punishment shall not be exacted
where such a loan is made after the money lender is aware o f the
falsity o f the statement.
S ec. 3363. Application for license to conduct such business must
A p p 1i cation
be made in writing to the secretary o f state and shall contain the for license.
name of the city or town where the business is to be carried on,
the name and the private and business address o f the applicant,
and in case o f a corporation, the State under which it is organized
and the name and the private address o f the clerk or the secretary
and the agent or other officer having charge of this proposed
business. I f any change occurs in the name or address o f a
licensee or o f the clerk, secretary or agent aforesaid of any
licensed corporation or in the place where the licensed business
is carried on, or in the membership of any partnership licensed, a
true and full statement of such change shall be filed with the
secretary of state; and in the event the same is not filed within
forty-eight hours after the change is made, the secretary of state
shall have power to revoke the said license, and said license shall
not be assigned or transferred by the licensee or any person on
behalf of such licensee. Every such license shall be kept con
spicuously displayed in the place o f business o f such licensee.
Sec. 3364. Such license shall not be issued until the licensee
Bond.
give[s] to the secretary of state a bond in the penal sum of five
thousand dollars to be executed by the licensee and a surety com
pany approved by the secretary of state conditioned for the faith
ful performance by the licensee o f the duties and obligations per
taining to the business so licensed, and the prompt payment o f
any judgment recovered against him or for which any one o f the
licenses [licensees] m ay be liable under the provisions of this
chapter, which bond shall be renewed and refiled annually in Janu
ary of each y e a r ; or the licensed person, firm or corporation shall
within thirty days thereafter cease doing business and his or
their license shall be revoked by the secretary o f state; but said
bond until renewed and refiled shall remain in full force and
effect.
Receipts, etc.
S ec. 3365. Every person, firm or corporation licensed as herein
provided shall give to each assignor or borrower a card upon which
shall be written in ink or typewritten or printed in English the
name o f the person, firm or corporation making such loan, the
name of the assignor or borrower, the amount o f the loan, the
amount o f interest charged, the amount o f expense charged, ex
clusive of interest, and the time for which such charge is made,
the date when the loan is made and the date when payable; and
shall also give the assignor or borrower a receipt for each pay
ment of principal, interest or any other charge made on the lo a n ;
and if any payment consists of principal and interest or any other
charge, such receipt shall specify the amount o f each.
Blanks to be
Sec. 3366. No such person, firm or corporation so licensed shall
receive any assignment o f salary or wages signed in blank. A ll filled.
blank spaces shall be filled in with ink or typewritten with the
proper names and figures showing the name of the firm, person
or corporation by whom the person making the conveyance or as
signment is employed. I f the borrower is married, the contract,
Consent of
conveyance or assignment shall be void unless executed and ac spouse.
knowledged before some officer having authority to take acknowl
edgments of deeds by both husband and wife.
Sec. 3367. Any person acting as the agent o f any other person,
Violations.
firm or corporation engaged in the business o f chattel or salary
loans, under the terms o f this chapter, who shall in the course of
said business, or who shall in any manner violate any of the pro
visions of this chapter, shall be deemed guilty of a misdemeanor
and shall upon conviction thereof suffer a fine of not less than
twenty-five dollars, and not more than one hundred dollars, or be
imprisoned in the county ja il not less than thirty days nor more
than three months, or both such fine and imprisonment in the
discretion v the court.
of
1290
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
N o t i c e of
Sec. 3368. Every application sliall be filed not less than thirty
filing applica days prior to the granting o f such license and notice o f the filing
tion.
o f such application shall be posted in the office o f the secretary
o f state, and be published at least twice each week for three suc
cessive weeks in a daily newspaper o f general circulation pub
lished in the county where the applicant resides or the said busi
ness is to be located. Protest may be made by any person to the
issuing o f such license and when such protests are filed with the
secretary o f state the latter shall give public notice o f and hold a
public hearing on such protests before issuing such license. The
secretary o f state shall have the power to reject any application
for license after hearing upon such protest.
Bureau of labor census and industrial statistics.
Bureau
ated.
cre
Commissioner.
Deputy com
missioner.
Section 3551. There is hereby created a bureau o f labor census
and industrial statistics, with headquarters in the capitol build
ing, for which stationery, postage, expressage, printing, and facil
ities for transacting business shall be furnished the same as for
other executive departments.
Sec. 3552. The governor of this State is hereby made commis
sioner o f the bureau of labor.
Sec. 3553. Such commissioner shall have the power to appoint a
deputy at a salary o f fifteen hundred dollars per annum, who,
when acting for, or instead o f the commissioner shall have and
may exercise equal power and authority subject to the approval
o f the commissioner.
Duties.
Sec. 3554. The duties o f the commissioner shall be to collect,
collate, and publish statistics and facts relative to manufacturers,
industrial classes, and material resources o f the State, and espe
cially to examine into the relations between labor and capital; the
means o f escape from fire and protection o f life and health in
factories and workshops, mines and other places o f industries;
the employment o f illegal child labor; the exaction o f unlawful
hours o f labor from any employee; the educational, sanitary,
moral, and financial condition o f laborers and artisans; the cost
o f food, fuel, clothing, and building material; the causes o f strikes
and lockouts, as well as kindred subjects and matters pertaining
to the welfare o f industrial interests and classes.
Seal.
Sec. 3555. There shall be provided a seal o f office for the use o f
the bureau, and the commissioner or his deputy, for the purpose
o f making any investigation contemplated by this article, shall
have power to administer oaths, take testimony, and subpoena wit
Witnesses.
nesses, which witnesses shall receive the same fees as are allowed
to any person testifying in district courts o f this State, to be paid
out o f the contingent fund of the bureau: Provided, however, No
person subpcenaed by the commissioner or his deputy shall be
compelled to go outside o f the city or town in which he resides to
testify in behalf o f such investigation.
Sec. 3556. At the time o f the assessment o f property for taxa
Duties of as
sessors.
tion for county and State purposes, it shall be the duty o f the
township and precinct assessors to enroll the names o f all per
sons over twenty-one years o f age in their respective township or
precinct, together with their several occupations as wageworkers
other than farming, the time they have been employed during the
past year, and the wages they have received for the same. It
shall be the duty of the county clerks on or before the first day o f
July in each year, to forward a summary o f such reports of their
respective counties to the State bureau of labor. The deputy com
missioner o f labor shall compile said reports and shall embody
them in his biennial report to the governor.
Reports from
Sec. 3557. The commissioner shall have power to prescribe
employers.
blank forms and transmit them to employers, which shall be filled
out clearly and completely under oath, by the person or persons
to whom they are sent, with the facts, statistics, and statements
Refusing ac asked for, and returned to him within such reasonable time as he
cess.
may fix. In case any owner or occupant, or his agent, shall refuse
LABOR LAWS----NEBRASKA----REVISED STATUTES----1913.
1291.
to admit any officer of the bureau to bis workshop or factory,
wrhen open or in operation, he shall forfeit the sum o f ten dollars
for every offense, and if he shall, through his agent or otherwise,
neglect, fail, or refuse to fill out the blank forms, and verify and
return them as required, he shall forfeit the sum o f ten dollars
for each day such blanks may be so delayed beyond the time fixed
by the commissioner for their return. The forfeits named and
provided in this article shall be sued for in the name o f the State,
by the county attorney o f the respective county where such of
fense is committed, upon the complaint o f any officer of bureau,
or any citizen.
Sec. 3558. The commissioner o f labor is hereby authorized and en^foyme^t ofdirected to establish and maintain in the office o f the bureau o ffice.
labor and industrial statistics, and in connection therewith, a free
public employment office. The deputy commissioner shall receive
all applications for help made to him by any person, company
or firm, and all applications made to him for employment by any
person or persons, and record their names in a book kept for that
purpose, designating the kind and character o f help wanted or the
kind and character o f employment desired, and the post-office
address of the applicant. It shall be the duty of such deputy to
send by mail to all applicants for help the name and post-office
address o f such applicants for employment as in his judgment
will meet their respective requirements and such other information
as he may possess that will bring to their notice the names and
post-office addresses of such unemployed laborers, mechanics,
artisans or teachers as they may require. No compensation or fee
whatsoever shall directly or indirectly be charged or received
from any person or persons applying for help, or any person or
persons applying for employment through the bureau o f labor.
Said deputy or any clerk connected with the bureau, who shall
accept any compensation or fee from any applicant for help or any
applicant for employment, for services as provided in this article
shall be deemed guilty o f a misdemeanor, and upon conviction
thereof shall be fined in a sum not less than twenty-five dollars nor
more than one hundred dollars for each offense, or imprisoned not
to exceed thirty days. Any application for help or any application
for employment made to such office shall be void after thirty days
from its receipt by the deputy, unless renewed by the applicant.
Every applicant for help shall notify the deputy commissioner by
mail immediately after the required help designated in his or her
application has been secured, and every applicant for employ
ment shall notify said deputy immediately after securing the same.
Such notice shall contain the name and last preceding post-office
address o f each employer or employee secured through such em
ployment office, and any failure or refusal to thus notify the
deputy commissioner shall bar such applicant from all future
rights and privileges o f the employment office at the discretion o f
said deputy. Applicants for help shall be construed to mean em
ployers wanting employees, and applicants for employment shall
be construed to mean persons wanting work to do.
Sec. 3559. The commissioner shall report biennially to the govReports,
ernor, accompanying his report with such suggestions and recom
mendations as may be deemed wise and proper. The report shall
be printed and distributed according to the provisions o f the law
governing the printing o f other State reports.
Sec. 3560. The commissioner shall be allowed a sum not to Support o :t
exceed five hundred dollars per annum for traveling and contin- officegent expenses, and a further sum o f one hundred dollars per
annum for the purchase o f books and periodicals on labor and
industrial matters for the bureau library.
The original statute was held constitutional.
90 N. W. 629.
Employment o f labor—Female employees.
Section 3561. Ten hours shall constitute one day’s labor, so far
as it concerns laborers and mechanics, throughout the State.
T,en hours a
y s lat>or*
1292
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Seats for feSec. 35G2. It shall be tbe duty o f every agent, proprietor, supermales.
intendent or employer o f female help in stores, factories, offices,
or schools within the State of Nebraska to provide a chair, stool,
or seat for each and every such employee, upon which their
female workers shall be allowed to rest when their duties will
permit, or when said position does not interfere with the faithful
discharge o f their incumbent duties.
Violation.
Sec. 3563. Any neglect or refusal to provide a chair, stool or
seat for every female worker in the employ o f any agent, pro
prietor, superintendent or employer in the State o f Nebraska shall
be deemed a misdemeanor, and upon conviction thereof such agent,
proprietor, superintendent or employer shall be fined in a sum not
less than ten dollars nor more than two hundred dollars, and
stand committed until such fine be paid, and shall likewise be
liable to an action for damages to such female worker whose
health has been injured by this neglect o f her employer to provide
a chair, stool or seat, as required by the next preceding section.
Lor^of ^females" ^E0* 3564.
female shall be employed in any manufacturing,
‘ mechanical or mercantile establishment, laundry, hotel or res
taurant, office, or by any public service corporation in this State
more than nine hours during any one day or more than fifty-four
hours in one week. The hours o f each day may be so arranged
as to permit the employment o f such female at any time from six
o’clock a. m., to ten o’clock p. m., but in no case shall such employ
ment exceed nine hours in any one d a y : Provided, however, Such
female shall not be employed between the hours o f 10 p. m. and
6 a. m .: Provided, further, Public service corporations may employ
females between the hours o f 10 p. m. and 6 a. m. but in no event
shall such employment be for more than eight consecutive hours.
A former statute of this nature was held constitutional.
Schedule
he posted.
to
Seats.
Penalty.
91 N. W. 421.
Sec. 3565. Every such employer shall post in a conspicuous
place in every room where such females are employed, a printed
notice stating the number o f hours work required o f them each
day o f the week, the hours o f commencing and stopping such work,
and the hours when the time or times allowed for dinner or for
other meals begins and ends. Printed forms o f said notice shall
be furnished by the deputy labor commissioner, and the form of
such notice approved by the attorney general o f this State.
Sec. 3566. Every such employer in such establishment, shall
provide suitable seats for the females so employed, and shall
permit the use o f such seats by them when they are not neces
sarily engaged in the active duties for which they are employed.
Sec. 3567. Any employer, overseer, superintendent or other
agent of any such employer who shall violate any o f the provi
sions o f the three next preceding sections, shall be fined for each
offense in a sum not less than twenty dollars nor more than fifty
dollars; and it is hereby made the duty o f the deputy labor com
missioner to enforce the provisions of the three next preceding
sections.
Termination of contract of employment— Statement o f cause.
Statement on
Section 3572. Whenever any employee o f any public service correquest.
poration, or of a contractor, who works for such corporation or
Form.
contractor doing business in the State o f Nebraska, shall be dis
charged, or voluntarily quits the service o f employer, It shall
be the duty of the superintendent, or manager, or contractor,
upon the request o f such employee, to issue to such employee a
service letter, setting forth the nature o f the service rendered by
such employee to such corporation, or contractor, and the dura
tion thereof, and truly stating the cause for which such employee
was discharged or quits the service.
Sec. 3573. Such letter shall be written in its entirety upon a
plain sheet of white paper to be selected
printed blank shall be used, and if such
typewriter, it shall be signed with a pen
mediately beneath such signature shall
by such employee. No
letter be written by a
and black ink, and im
be affixed the official
LABOR LAWS----NEBRASKA----REVISED STATUTES----1913.
stamp or seal of such superintendent, manager or other official of
such corporation or contractor, in an upright position. There shall
be no figures, words or letters used upon such piece o f paper ex
cept such as are plainly essential, either in the date line or ad
dress, or the body of the letter, or the signature and seal or
stamp thereof, and no such letter shall have any picture, imprint,
or character, design or device, impression or mark, either in the
body thereof or the face or back thereof; and any person o f whom
such letter is required who fails to comply with the foregoing
requirements shall be deemed guilty o f a misdemeanor.
Sec. 3574. I f any superintendent or manager or contractor
should fail or refuse to issue such letter to such employee who so
requested, or should willfully fail, or negligently refuse such let
ter, failing to state the facts correctly, such superintendent, man
ager or contractor shall upon conviction thereof be punished by
a fine not less than one hundred dollars, nor more than five hun
dred dollars, for each offense, or by imprisonment in the county
jail for a period of not less than one month, and not to exceed
one year.
1293
Violations.
Employment of children— General provisions.
Section 3575. No child under fourteen years o f age shall be
employed, permitted or suffered to work in, or in connection with
any theater, concert hall, or place o f amusement, or any place
where intoxicating liquors are sold, or in any mercantile institu
tion, store, office, hotel, laundry, manufacturing establishment,
bowling alley, passenger or freight elevator, factory or workshop,
or as a messenger or driver therefor, within this State. It shall
be unlawful for any person, firm or corporation to employ any
child under fourteen years o f age in any business or service what
ever during the hours when the public schools o f the town, town
ship, village or city in which the child resides are in session.
Sec. 3576. No child between fourteen and sixteen years o f age
shall be employed, permitted or suffered to work in any theater, con
cert hall, or place o f amusement, or in any mercantile institution,
store, office, hotel, laundry, manufacturing establishment, bowling
alley, passenger or freight elevator, factory, or workshop, or as a
messenger or driver therefor, within this State, unless the person
or corporation employing him procures and keeps on file and acces
sible to the truant officers o f the town or city, the State commis
sioner o f labor, and his deputies, and the members of the State
board o f inspection, an employment certificate as hereinafter pre
scribed, and keeps two complete lists o f all such children employed
therein, one on file and one conspicuously posted near the principal
entrance o f the building in which such children are employed.
Upon the termination o f the employment o f a child so registered,
and whose certificate is so filed, such certificate shall be forthwith
transmitted by the employer to the city or county superintendent
o f schools o f the county in which the child resides, and shall be
turned over to the child named therein upon demand. Any truant
officer, the State commissioner o f labor or his deputies, or any
member o f the State board o f inspection may make demand on any
employer in whose place o f business a child apparently under the
age o f sixteen years is employed or permitted or suffered to work,
and whose employment certificate is not then filed as required by
this section, that such employer shall either furnish him within
ten days, evidence satisfactory to him that such child is in fact
over sixteen years o f age, or shall cease to employ or permit or
suffer such child to work in such place o f business. The same
evidence of the age o f such child may be required from such
employer as is required on the issuance of an employment certifi
cate as hereinafter provided, and the employer furnishing such
evidence shall not be required to furnish any further evidence of
the age o f the child. In case such employer shall fail to produce
and deliver to the truant officer, the State commissioner o f labor
or deputy State commissioner of labor, or member of the State
Age limit.
Certificate.
Enforcement.
1294
BULLETIN OF THE BUEEAU OF LABOR STATISTICS.
board o f inspection witliin ten days after demand for the same,
such evidence of the age of any child as may be required of him
under the provisions of this article, and shall thereafter continue
to employ such child or permit or suffer such child to work in
such place o f business, proof o f the giving o f such notice and of
such failure to produce and file such evidence shall be prima facie
evidence in any prosecution brought for a violation of this section,
that such child is under sixteen years of age and is unlawfully
employed.
Approval of
S ec. 3577. An employment certificate shall be approved only by
certificates.
the superintendent of schools o f the school corporation in which
the child resides, or by a person authorized by him in writing, or
where there is no superintendent o f schools, by a person author
ized by the school district officers: Provided, No school district
officer or other person authorized as aforesaid shall have authority
to approve such certificate for any child then in, or about to enter,
his own employment, or the employment o f a firm or corporation o f
which he is a member, officer or employee, or in whose business he
is interested. The officer or person approving such certificate shall
have authority to administer the oath provided for therein, or in
any investigation or examination necessary for the approval
thereof. No fee shall be charged for approving any such certificate
nor for administering any oath or rendering any services therein
in respect thereto. The board o f directors o f each school corpora
tion shall establish and maintain proper records where copies of
all such certificates and all documents connected therewith shall be
filed and preserved, and shall provide the necessary clerical serv
ices for carrying out the provisions o f this article.
Issue of cer* S ec. 3578. The person authorized to issue an employment cer
tificates.
tificate shall not issue such certificate until he has received, ex
amined, approved and filed the following papers duly executed:
The school record o f such child, properly filled out and signed as
provided in this article, showing that the child has completed the
work o f the eighth grade of the public schools, or its equivalent,
or is regularly attending night school in compliance with this ar
ticle. A passport or duly attested transcript o f the certificate o f
birth or baptism, or other religious or official record showing the
date and place o f birth o f such child. A duly attested transcript
o f the birth certificate filed according to law with a registrar o f
vital statistics, or other officer charged with the duty o f recording
births, shall be conclusive evidence o f the age of such child. The
affidavit o f the parent, or guardian, or custodian o f a child, which
shall be required, however, only in case none o f the documents
mentioned above can be produced and filed, showing the place and
date o f birth o f such ch ild ; which affidavit must be taken before
the officer issuing the employment certificate. Such employment
certificate shall not be issued until such child has personally ap
peared before, and been examined by, the officer issuing the cer
tificate and until such officer shall, after making such examination
sign and file in his office a statement that the child can read and
legibly write simple sentences in the English language and that,
in his opinion, the child is fourteen years o f age, or upwards, and
has reached the normal development of a child o f its age, and is
in sound health and is physically able to perform the work which
Physical fit- it intends to do. In doubtful cases such physical fitness shall be
ness.
determined by a medical officer of the board or department o f
health, or by a physician provided by the State board o f inspec
tion. Whenever the person authorized to issue the employment
certificate is in doubt about the age o f a child, he may require
the p&rty or parties making application for the certificate to ap
pear before the judge o f the juvenile court, or the county judge,
where the question of the age of the child shall be determined and
the judgment o f the court shall be final and binding upon the per
son issuing the certificate. Notice o f the hearing before the court
shall be given to some one o f the persons mentioned in section
26 Tsec. 3576] authorized to demand inspection of employment
certificates. Every employment certificate shall be signed in
LABOR LAWS----NEBRASKA----REVISED STATUTES----1913.
1295
the presence of the officer issuing the same by the child in whose
name it is issued.
S ec. 3579. Such certificate shall state the date and place o f birth
Contents of
of such child and describe the color o f the hair and eyes, th ec
ates*
height and weight and any distinguishing facial marks of such
child, and that the papers required by the preceding section hav<B
been duly examined, approved and filed, and that the child named
in such certificate has appeared before the officer signing the cer
tificate and been examined.
Sec. 3580. The school record required by section 28 [sec. 3578] School record,
shall be signed by the teacher and principal of the school which
such child has attended and shall be furnished on demand to a
child entitled thereto. It shall contain a statement certifying that
the child has regularly attended the public schools, or schools
equivalent thereto, or parochial schools for not less than threefourths of the school year previous to his arriving at the age of
fourteen years, or during the year previous to applying for such
school record, and is able to read and write simple sentences in the
English language. It shall also state the amount of work com
pleted by such child, measured by the grade o f the public day
schools in the city or county. Such school record shall also give
the age and residence of the child as shown on the records o f the
school, and the name of its parent or guardian or custodian.
Sec. 3581. The superintendent of schools, or the school directors List» to *e
>
of any village, town, or county, shall transmit between the first
wa
‘
and tenth day o f each month to the office o f the State commis
sioner of labor a list o f the names o f the children to whom cer
tificates have been issued.
Sec*. 3582. Regular attendance of a child at any public evening
Evening
school, maintained in any city or village where instruction is given schools*
not less than twenty weeks each year, and three evenings each
week, and two hours each evening, shall authorize the issuance of
a certificate o f employment where the schooling certificate fails
to show that the child has completed the work o f the eighth
grade, required by section 30 [sec. 3580] : Provided, The schooling
certificate and all other certificates are otherwise in due form,
and the applicant further produces a certificate from the superin
tendent or principal, o f such public evening school, showing the
regular attendance of such child at such evening school: Providing
[sic] further, Every child employed under such certificate shall
furnish to his employer a weekly certificate showing regular
attendance each wT
eek while the evening school is in session.
Whoever employs a child in violation o f the provisions of this
section shall be fined not more than fifty dollars for each offense.
A parent, guardian or custodian who permits a child under his
control to be employed in violation of the provisions o f this section
shall be fined not more than twenty dollars.
Sec. 3583. The age and schooling certificate provided for herein
Forms,
shall be made out upon blank forms furnished by the State com
missioner of labor and shall be in the following fo rm :
SCHOOL ATTENDANCE CERTIFICATE.
(Name o f school) (city or town) N ebraska , (date) 190This certifies that (name o f child) has completed the work o f
the — th grade [and] can read and write legibly simple sentences
in the English language.
/ This also certifies that according to the records o f this school
and in my belief, the said (name o f child) was born at (city or
town) in --------- County, State of --------- on the (date) and is
n o w --------- years a n d -----------months old, and has attended said
school within the past twelve months the following p eriod --------- .
(Name o f parent or guardian)
(Residence)
( S ig n a t u r e ) --------------------teacher
( Signature) --------------------principal
1296
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
AGE AND SCHOOLING CERTIFICATE.
(City or town) N ebraska , (date) 190This certifies that I am the (father, mother, guardian, or cus
todian) o f (name o f child) and th a t ------ was born a t ----------- in
--------- county and State o f -----------on t h e -----------and is now — :—
years a n d ------ months old.
( Signature o f father, mother, guardian, or custodian.)
(Name o f city or town) N ebraska , (date) 190There personally
o f person signing.)
certificate by (him
her) knowledge or
appeared before me the above named (name
and being sworn testified that the foregoing
or her) signed is true to the best o f (his or
belief.
I hereby approve the foregoing certificate o f -------------, height —
feet — inches, w e ig h t------ pou nds--------ounces, complexion (fair
or dark) hair (color) eyes (color) having no sufficient reason to
doubt that (he or she) is o f tU,e age herein certified.
I hereby certify that (he or she can or can not) read at sight
and ------------- write legibly simple sentences in the English lan
guage ; that said 'child has appeared before me and been per
sonally examined by m e; that all certificates and papers required
by law have, in due form, been presented to, and approved by, me
and the same have been placed on file.
(In case the child is attending school insert here the follow ing:)
I further certify that (he or she) is regularly attending the
(name o f school).
This certificate shall continue in force only so long as the regu
lar attendance o f said child at said school is certified weekly by
a teacher thereof.
This certificate belongs to (name o f child) and is to be surren
dered to the superintendent o f schools whenever (he or she)
leaves the service of the person, firm or corporation holding the
same as employer.
(Signature and official title of person
authorized to approve and sign.)
e v e n in g
school
attendance
c e r t if ic a t e .
This certifies that (name of child) is registered in and regu
larly attends the --------- evening school. This also certifies that
according to records o f my school and in my belief (name o f
child) was born at (name of city or town) on t h e ------ day of
--------- 19------- and is n o w --------old.
(Name o f parent or guardian.)
(Signature o f teacher.)
(Signature o f principal.)
Duplicate copies of such certificates shall be retained in all
cases by the person or officer issuing the same and kept on file by
the superintendent o f schools or school district directors o f the
county in which the same are issued.
Hours of lagEC 3534 . x o person under the age of sixteen years shall be employed or suffered or permitted to work in any theater, concert
hall, or place o f amusement, or in any mercantile institution,
store, office, hotel, laundry, manufacturing establishment, pack
ing house, bowling alley, passenger or freight elevator, factory,
workshop, beet field or as a messenger or driver therefor, more
than forty-eight hours in any one week, nor more than eight hours
in any one day, nor before the hour of 6 o’clock in the morning,
Night work, nor after the hour of 8 o’clock in the evening. Every employer
shall post in a conspicuous place in every room where such chil
dren are employed a printed notice stating the hours required of
them each day o f the week, the hours of commencing and stop
ping work and the hours when the time or times allowed for
LABOR LAWS---- NEBRASKA----REVISED STATUTES----1913.
1297
dinner or for other meals begin and end. The printed form of
such notice shall be furnished by the State commissioner o f labor.
S e c . 3585. Whoever employs a child under sixteen years o f age
Violations,
and whoever, having under his control a child under such age,
permits such child to be employed in violation o f this article shall
for each offense be fined not more than fifty dollars; and whoever
continues to employ any child in violation o f either or any section
o f this article after being notified by a truant officer, or a deputy
commissioner of labor, or member o f the State board o f inspection,
shall for every day thereafter that such employment continues
be fined not less than five dollars nor more than twenty dollars.
The failure of an employer o f child labor to produce, upon the
request o f a person authorized to demand the same, any employ
ment certificate or list required by this article, shall be prima facie
evidence o f the illegal employment o f any child whose employ
ment certificate is not produced or whose name is not listed. Any
corporation or employer retaining employment certificates in viola
tion of this article shall be fined ten dollars. Every person au
thorized or required to sign any certificate or statement prescribed
by this article, or who knowingly certifies or makes oath to any
materially false statement therein or who violates any of the pro
visions o f this article, shall be fined not to exceed fifty dollars.
Every person, firm or corporation, agent or manager, superin
tendent or foreman o f any person, firm or corporation who shall
refuse admittance to any officer or person authorized to visit or
inspect any premises or place o f business under the provisions
o f this article and to produce all certificates and lists he may
have, when demanded, after such person shall have announced
his name and the office he holds and the purpose o f his visit,
or shall otherwise obstruct such officers in the performance of
their duties as prescribed by this article, shall be guilty o f a
misdemeanor and, upon conviction, shall be fined in any sum not
exceeding fifty dollars, or be imprisoned not to exceed thirty
days. The presence o f a child under sixteen years of age, ap
parently at work, in any o f the places o f business enumerated
in this article shall be prima facie evidence o f his employ
ment therein. It shall be the duty o f the deputy commissioner Enforcement
o f labor and the several truant officers to enforce the provisions
o f this article, and every county attorney, when informed by any
officer or person authorized to inspect places where child labor
is employed, that any o f the provisions o f this article have been
violated, shall file or cause to be filed information against the
person or .persons guilty o f such offense and cause the arrest and
prosecution o f the same: Provided, Nothing in this article shall
prevent any other person from causing the enforcement o f the
provisions o f this article. Truant officers shall visit the places
of business enumerated in [3575] this article to ascertain whether
any children are employed therein contrary to the provisions o f
this article, and they shall report any cases o f such illegal employ
ment to the commissioner o f labor and to the county attorney.
Sec. 3586. It is the duty o f the governor to appoint five persons, Board of intwo, at least, of whom shall be women who shall constitute the spectors.
board o f inspectors and who shall serve without compensation.
The term for which such inspectors shall serve is hereby made one,
two, three, four, and five years, respectively. The appointment
shall designate the term for which each inspector is appointed.
The governor shall each year appoint one person to serve for a
period o f five years and shall also fill any vacancy on the board.
The chairman shall be the executive head of the board and shall
reside in the county employing the largest number o f children
under the age of sixteen years. Any member o f the board o f in
spectors shall have power to demand the examination, by some
regularly licensed physician to be selected by the board, o f any
child under sixteen years o f age who may seem physically un
able to perform the labor at which such child may be employed,
and no child under sixteen shall be employed who can not obtain
a certificate o f fitness from such physician.
39387°— Bull. 148, pt 2—14------ 6
1298
BULLETIJST OF THE BUREAU OF LABOR STATISTICS.
D an gerous, sec. 3587. No child under tlie age of sixteen years shall be emments’ emp y“ ployed in any work winch by reason o f the nature o f the work, or
place of performance, is dangerous to life or limb, or in which its
health may be injured or its morals may be depraved. Any par
ent, guardian, or other person, who, having under his control any
child, causes or permits such child to work or be employed in
violation o f this section shall be guilty o f a misdemeanor and
upon conviction shall be fined not more than fifty dollars, or be
imprisoned not exceeding ten days.
Inspection and regulation of factories, etc.
Section 35S8. Every factory, mill, workshop, mercantile or mechanical establishment or other building where one or more
persons are employed, shall be provided within reasonable access,
with a sufficient number o f water-closets, earth closets or privies
for the reasonable use of the persons employed therein, and when
ever male and female persons are employed as aforesaid together,
water-closets, earth closets or privies, separate and apart, shall be
provided for the use o f either sex, and plainly so designated, and
no person shall be allowed to use such closet or privy assigned to
the other sex. Such closets shall be properly enclosed and venti
lated and at all times kept in a clean and good sanitary condition.
When the number employed is more than twenty o f either sex,
there shall be provided an additional closet for each sex up to the
number of forty, and above that number in the same ratio. The
labor commissioner, his deputy or any factory inspector, may
require such changes in the placing o f such closets as he may
deem necessary and may require other changes which may serve
the best interests of morals and sanitation.
Dressing
Sec. 3589. In factories, mills or workshops, mercantile or merooms.
chanical establishments or other places where the labor performed
by the operator is o f such a character that it becomes necessary to
change the clothing, wholly or in part, before leaving the building
at the close of the day’s work, separate dressing rooms shall be
provided for females whenever so required by the labor commis
sioner, his deputy or any factory inspector. It shall be the duty
of every occupant, whether owner or lessee o f any such premises
used as specified by this article, to make all the changes and addi
tions thereto. In case such changes are made upon the order of
the commissioner of labor, or any factory inspector to the lessee of
the premises, the lessee may at any time within thirty days after
the completion thereof, bring an action against any person or cor
poration or partnership having interest in such premises, and may
recover such proportion o f expenses o f making such changes and
additions as the court adjudges should justly and equitably be
borne by such defendant.
Ventilation.
Sec. 3590. I f in any of the aforesaid places, any process is car
ried on, by which dust or fumes is caused, which may be inhaled
by the persons employed therein, or if the air should become
exhausted or impure, there shall be provided a fan or other such
mechanical device as will substantially carry away all such dust
or fumes or other impurities, subject to the approval o f the com
missioner of labor, his deputies or factory inspectors.
Sanitation.
Sec. 3591. All o f the aforesaid places shall be kept clean and
free from effluvia arising from any drain, privy or nuisance, and
shall be ventilated and kept in a sanitary condition. The labor
commissioner, his deputy or any factory inspector may require
such changes or additions to be made in any o f the aforesaid
places as will promote the best measures o f sanitation.
Blowers.
Sec. 3592. All persons, companies or corporations operating any
factory or workshop where grinding wheels, or grinding machines,
emery wheels or emery belts of any description are used, either
solid emery, leather covered, felt, canvas, linen, paper, cotton or
wheels or belts rolled or coated with emery or carborundum or
cotton wheels used as buffs, shall, when deemed necessary, by the
labor commissioner, his deputy or any factory inspector, provide
Water-closets,
etc*
LABOR LAWS----NEBRASKA----REVISED STATUTES----1913.
1299
sucli wheels or belts with blowers or similar apparatus, which
shall be placed over, beside or under such wheels or belts in such
manner as to protect the person or persons using the same from
the particles o f the dust produced and caused thereby, and to
carry away the dust arising from or thrown off by such wheels or
belt while in operation, directly to the outside o f the building or to
some receptacle placed so as to receive and confine such dust:
Provided, Grinding machines upon which water is used at the point
of grinding contact and other wheels used for tool grinding shall
be exempt from the provisions of this article.
S e c . 3593. No emery wheels or grindstones in any factory, mill
Cracked
or workshop, shall be used when the same is [are] known to the wheels,
person using the same to be cracked or otherwise defective, nor
operated at a greater speed than indicated or guaranteed by the
manufacturer of such emery wheel or grindstone.
Sec. 3594. It shall be the duty o f any person, company or corpo- ^ Appa?Jt^s t0
ration operating any such factory or workshop to provide or conPr<vlded.
>
struct such appliances, apparatus, machinery or other things
necessary to carry out the purpose o f this article, as set forth in
the preceding section, as follow s: Each and every such wheel shall
be fitted with a sheet or cast iron hood or hopper, o f such form
and so applied to such wheel or wheels that the dust or refuse
therefrom will fall from such wT
heels, or will be thrown into such
hood or hopper by centrifugal force, and be carried off by the cur
rent o f air into a suction pipe attached to same hood or hopper.
Sec. 3595. Each and every such wheel six inches or less in diam- Suction pipes,
eter shall be provided with a three-inch suction pipe; wheels six
inches to twenty-four inches in diameter, with four-inch suction
p ip e; wheels from twenty-four inches to thirty-six inches in diamter, with five-inch suction pipe; and all wheels larger in diameter
than those stated above shall be provided each with a suction pipe
not less than six inches in diameter. The suction pipe from each
wheel, so specified, must be full size as the main trunk suction
pipe, and the main suction pipe to which smaller pipes are at
tached shall, in its diameter and capacity, be equal to the com
bined area o f such smaller pipes attached to the same, and the
discharge pipe from the exhaust fan connected with the suction
pipe or pipes shall be as large or larger than the suction pipe.
Sec. 3596. The provisions of the fourth next preceding section
E xisting apshall not apply to existing mills, factories or workshops which, at Pllancesthe time o f the passage o f this article, have an appliance or appli
ances designed and used for the purpose o f removing such dust
from the polishing-floor room, and which appliance or appliances
substantially effect such design.
Sec. 3597. It shall be the duty of any person, company or corGuards for
poration operating any factory, mill, workshop, mercantile or machlneiTmechanical establishment or other institution where machinery is
used, to provide or construct such guards and protection as will
protect all employees against injury from belting, shafting, gear
ing, elevators, drums, saws, cogs, electric currents, or any vessel
filled with molten metal or hot liquid which shall be properly
protected by placing guards, boxing or screens to prevent all such;
and they shall also furnish and supply therein belt shifters or
other safe mechanical contrivances, for the purpose of throwing on
or off belts or pulleys, which can be operated from the floor.
Such guards and protections shall be constructed in the following
manner: All exposed cogs or gears shall be inclosed in metal
casings or woven wire screens, every protruding set screw in col
lars and couplings o f shaftings or other revolving machinery shall
be countersunk or covered with metal boxing, all keys or shaft
ings, wheels, etc., shall not be allowed to project from ends o f
shaftings and all dead ends of shaftings shall be inclosed in metal
casings or boxings; all pulleys, belts and shaftings must be pro
tected by boxing or inclosing the dangerous parts with metal or
other suitable material. Belts shall not be allowed to rest on
shafting when machinery is in motion. Rest hooks must be pro
vided which will hold the belting free from shafting; on all
lSOO
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
machines known as roll-feed in which the operator feeds, by hand,
the material, there shall be placed, at the point where material is
fed into the rolls, roll guards. A device for instantly stopping
the machine by the hand or foot shall also be provided which shall
be within reach o f the operator when operating the machine.
There shall be placed around each laundry extractor or other
exposed high-speed revolving machinery, when in motion, a metal
or other suitable screen. Wood planers, wood shapers, swing
saws, equalizing saws, circular heading jointers, wood polishers,
buzz planers, lathe bolters and all similar machinery shall be
equipped with safety devices necessary for the protection of the op
erators, said protection to be constructed of such materials as will
afford the proper protection and shall be subject to the approval
o f the commissioner o f labor, his deputy or any factory inspector.
Signs or indicating lamps shall be used at all switches, in electric
light and power plants or other places where high pressure cur
rents are used, to show whether the current is on or off the cir
cuit. When current is turned off a circuit, for repair, the switch
must first be tagged as a means o f showing for whom it is turned
off and said tag shall bear the name o f the person for whom
switch is so tagged. Said tag shall not be removed or current
turned on until the person for whom it was tagged shall notify the
operator that his work has ceased.
Elevators.
Every elevator, whether freight or passenger, shall be equipped
with a speed-governor safety device; every elevator shall be
equipped with gates or doors to be not less than five feet in
height; all freight elevators shall be equipped with a signal or
gong to warn people o f its approach.
Boilers.
Where a number o f boilers deliver to a common steam main,
there shall always be a shut-off or throttle valve for each boiler
to take it out o f service for repairs, and inspection which neces
sitates the entry therein o f the workmen. A metal shield shall be
constructed covering the handwheel o f the valve, hinging in the
center and containing hasp and lock and said shield to be painted
red and marked with the words “ Man in Boiler.” The workman
shall be allowed to retain key in his possession while in said
boiler. Every factory or other institution, more than two stories
in height, shall be equipped with outside fireproof iron stairways,
chutes or toboggans; also one automatic fire escape for every fif
teen persons working or congregating therein at any one time,
who, for any reason, are unable to reach or use the outside fire
proof stairways, chutes or toboggans.
Accidents to
Sec. 3598. It shall be the duty of the owners or superintendents
fee reported.
of all factories, workshops, mills or mechanical establishments or
other institutions where one or more persons are employed to re
port in writing to the labor commissioner or his deputy, all fatal
accidents within forty-eight hours after their occurrence; and
all accidents within two weeks after their occurrence shall be
reported in writing by the person in charge o f such establishment
or place o f employment to the said labor commissioner or his
deputy, stating as fully as possible the cause o f such accidents, to
gether with the nature and extent of all such injuries and the
probable loss o f time which w^ill result therefrom.
Damages.
S ec. 3599. For an injury to a person occasioned by any violation
o f this article, by the failure to comply with any o f its provisions,
a right o f action shall accrue to the party injured, for any direct
damages sustained thereby; and in case o f loss o f life by reason
o f such violation or failure, as aforesaid, a right of action shall
accrue to the heirs o f the person so killed. The fact that any
employee, servant or other person shall continue to work during
the time such owner has failed to comply with the provisions o f
Risks not as this article shall not be considered as an assumption o f the risk o f
sumed, when.
such employment by such employee, servant or other person and
shall not in any case bar recovery of damages for the failure of
such owner, to comply with the provisions of this article. In all
actions brought to recover damages for injuries caused by failure
to comply with the terms and provisions o f this article the owner,
LABOR LAWS----NEBRASKA----REVISED STATUTES----1913.
1301
shall in all cases be liable in damages for all injuries caused Liability for
through a failure to comply with this article. The owner shall in noncompliance.
all cases be held liable for the failure or neglect o f any superin
tendent, foreman, or other agent, employed by them, or either of
them, to comply with the provisions o f this article.
Inspection.
S e c . 3600. For the purpose of carrying out the provisions o f this
article, the commissioner of labor, the deputy commissioner of
labor and all factory inspectors are hereby authorized and re
quired to inspect all factories, mills, workshops, mercantile or
mechanical establishments or other places o f employment where
one or more persons are employed as the means o f determining
where the provisions o f this article are being violated. The
deputy commissioner o f labor may appoint such persons as are
necessary to serve as factory inspectors for the purpose of making
inspections under the provisions o f this article; such persons so
appointed shall be under the direction and control o f the deputy
commissioner o f labor and shall receive such compensation as shall
be fixed by the deputy commissioner o f labor, not to exceed four
dollars per day and traveling expenses. Compensation for services Compensation.
and traveling expenses provided for in this article shall be paid by
the State treasurer out o f the general appropriation or travelingexpense fund for the bureau of labor and industrial statistics,
upon the warrant of the State auditor in like manner as other
warrants are drawn upon the funds of the bureau o f labor and
industrial statistics. It shall also be the duty o f the deputy labor
commissioner, or his deputies, and every factory inspector o f this
State upon ascertaining the facts that the proprietors or managers
o f any factory, workshop, mill, mercantile or mechanical institu
tion or other concern where one or more persons are employed
have failed to comply with the provisions o f this article, to make
complaint of the same in writing before a justice of the peace or Complaints.
police magistrate having jurisdiction, who shall thereupon issue
his warrant, direct to the owner, manager or agent, in such fac Warrants.
tory or workshop, who shall be thereupon proceeded against for
the violation of this article as hereinafter mentioned, and it is
made the duty o f the prosecuting attorney to prosecute all viola Prosecution.
tions o f this article.
S e c . 3601. Any owner, lessee, or any person or corporation hav
Violations.
ing charge of any o f the aforesaid buildings or places, or any such
person or persons or company, or managers, superintendents or
directors o f any such company or corporation, who shall have
the charge or management o f such factory or workshop, or places
aforesaid, who shall fail to comply with the provisions o f this
article, shall be deemed guilty o f a misdemeanor, and upon convic
tion thereof, before any court o f competent jurisdiction, shall be
punished by a fine of not less than ten dollars, and not exceeding
one hundred dollars.
Protection of employees on buildings.
S e c t io n 3602. All scaffolds, hoists, cranes, stays, ladders, sup
ports or other mechanical contrivances, erected or constructed by
any person, firm or corporation in this State, for the use in the
erection, repairing, alteration, removal or painting o f any house,
building, bridge, viaduct or other structure, shall be erected and
constructed, in a safe, suitable and proper manner, and shall be
so erected and constructed, placed and operated as to give proper
and adequate protection to the life and limb o f any person or
persons employed or engaged thereon, or passing under or by the
same, and in such manner as to prevent the falling o f any material
that may be used or deposited thereon. Scaffolding or staging,
swung or suspended from an overhead support more than twenty
feet from the ground floor, shall have where practicable a safety
rail properly bolted, secured and braced, rising at least thirty-four
inches above the floor, or main portion o f such scaffolding or
staging, and extending along the entire length o f the outside and
Scaffolds, etc.
1302
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
ends thereof and properly attached thereto, and such scaffolding
and staging shall be so fastened as to prevent the same from
swaying from the building or structure.
Supports for
Sec. 3G03. I f in any house, building or structure in process o f
joists.
erection or construction in this State (except a private barn or a
private house used exclusively as a private residence), the distance
between the inclosed walls is more than twenty-four feet in
the clear, there shall be built, kept and maintained, proper inter
mediate supports for the joists, which supports shall be either
brick walls or iron or steel columns, beams, trusses or girders,
and the floors in all such houses, buildings or structures, in process
of erection and construction, shall be designed and constructed
Strength of
SU manner as to be capable of bearing in all their parts,
ch
oors*
in addition to the weight o f the floor construction, partitions and
permanent fixtures and mechanisms that may be set upon the
same, a live load o f fifty pounds for every square foot o f surface
in such floors, and it is hereby the duty o f the owner, lessee,
builder or contractor or subcontractor of such house, building or
structure, or the superintendent or agent of either, to see that all
the provisions of this article are complied with.
Notices to be
Sec. 3604. It shall be the duty of the owner o f every house,
posted.
building or structure (except a private barn or a private house
used exclusively as a private residence) now under construction,
or hereafter to be constructed, to affix and display conspicuously
on each floor of such building during construction a placard, stat
ing the load per square foot o f floor surface, which may, with
safety, be applied to that particular floor during construction; or
if the strength o f different parts o f any floor varies, then there
shall be placards for each varying part of such floor. It shall be
Overloading, unlawful to load any such floors or any part thereof, to a greater
extent than the load indicated on the placard and all such placards
shall be verified and approved by the deputy State labor commis
sioner or the local commissioner or inspector o f buildings, or
other proper authority in the city, town or village charged with
the enforcement o f building laws.
Inspections.
Sec. 3605. Whenever it shall come to the notice o f the State
labor commissioner or his deputy, or the local authority in any
city, town or village in this State, charged with the duty o f enforc
ing the building laws, that the scaffolding or the slings, hangers,
blocks, pullej^s, stays, Jbraces, ladders, irons or ropes o f -any swing
ing or stationary scaffolding, platform or other similar device,
used in the construction, alteration, removing, repairing, cleaning
or painting o f buildings, bridges or viaducts within this State
are unsafe, or liable to prove dangerous to the life or limb o f any
person, the State labor commissioner or his deputy, or such local
authority or authorities, shall immediately cause an inspection to
be made o f such scaffolding, platform or device, or the slings, ham
mocks, blocks, pulleys, stays, braces, ladders, iron or other parts
Unsafe con- connected therewith. I f after examination, such scaffolding, platditions.
form or device of any o f such parts is found to be dangerous to
the life or limb o f any person, the State labor commissioner or his
deputy, or such local authority, shall at once notify the person
responsible for its erection or maintenance, o f such fact, and
warn him against the use, maintenance or operation thereof and
prohibit the use thereof, and require the same to be altered and
reconstructed so as to avoid such danger. Such notice may be
served personally upon the person responsible for its erection or
maintenance or by conspicuously affixing it to the scaffold, plat
form or other such device, or the part thereof declared to be un
safe. After such notice has been so served or affixed, the person
responsible therefor shall cease using and immediately remove
such scaffolding, platform or other device or part thereof, and
alter or strengthen it in such manner as to render it safe.
4-,c. cJ?ss
The State labor commissioner or his deputy, or such local auDuiidmgs.
thority, whose duty it is, under the terms o f this article, to ex
amine or test any scaffolding, platform or other device, or part
thereof required to be erected and maintained by this section,
LABOR LAWS----NEBRASKA— REVISED STATUTES— 1913.
1303'
shall have free access at all reasonable hours to any building or
structure or premises containing such scaffolding, platform or
other similar device, or parts thereof, or where they may be in use.
All swinging and stationary scaffolding, platforms and other de- Strength of
vices shall be so constructed as to bear four times the maximum scaffolds, etc.
weight required to be dependent thereon, or placed thereon when
in use, and such swing scaffolding, platform or other device shall
not be so overloaded or crowded as to render the same unsafe or
dangerous.
Sec. 8606. Any person, firm or corporation in this State hiring, Secondar y
employing or directing another to perform labor of any kind in scaffolds,
the erecting, altering," repairing, or painting of any water pipe,
stand pipe, tank, smoke stack, chimney, tower, steeple, pole, staff,
dome or cupola, when the use of any scaffolding, staging, swing,
hammock, support, temporary platform or other similar contriv
ance is required or used in the performance o f such labor, shall
keep and maintain at all times, while such labor is being performed,
and such mechancal device is in use or operation, a safe and
proper scaffold, stay, support, or other suitable device, not more
than sixteen feet below such working scaffold, staging, swing,
hammock, support or temporary platform, when such work is
being performed at a height of thirty-two feet or more, for the
purpose of preventing the person or persons performing such
labor from falling, in case o f any accident to such working scaf
fold, staging, swing, hammock, support or temporary platform.
Sec. 3607. All contractors and owners, when constructing build- Flooring to
ings where the plans and specifications require the floors to b e be laid*
arched between the beams thereof, or where the floors or filling
in between the floors are fireproof material or brick work, shall
complete the flooring or filling in as the building progresses, to
within at least two tiers or beams below that on which the iron
work is being erected. I f the plans and specifications o f such
buildings do not require filling in between the beams of floors
with brick or fireproof material, all contractors for carpenter
work in the course of construction shall lay the under flooring
thereof, or a safe temporary floor on each story as the building
progresses to within at least two stories or floors below the story
where the work is being performed. I f the floor beams are o f
iron or steel the contractors for the iron or steel work of buildings
in the course of construction, or the owners o f such buildings,
shall thoroughly plank over the entire tier or [of] iron or steel
beams on which the structural iron or steel work is being erected,
except such spaces as may be reasonably required for the proper
construction o f such iron or steel work and for the raising and
lowering of materials, to be used in the construction of buildings,
or such spaces as may be designated by the plans and specifica
tions, for stairways and elevator shafts.
Sec. 3608. I f elevating machines or hoisting apparatus are used
Hoistways,
within a building in the course of construction, for the purpose of
lifting materials to be used ih such construction, the contractors
or owners shall cause the shafts or openings in each floor to be
inclosed or fenced in on all sides by a substantial barrier or rail
ing at least eight feet in height. Any hoisting machine or engine
used in such building construction shall, where practicable, be set
up or placed on the ground, and where it is necessary in the con
struction o f such building to place such hoisting machine or engine
on some floor above the ground floor, such machine or engine must
be properly secured and supported with a foundation capable
of safely sustaining twice the weight of such machine or engine.
I f a building in course o f construction is five stories or more in
height, no material needed for such construction shall be hoisted
or lifted over public streets or alleys unless such street or alley
shall be barricaded from use by the public. The chief officer
in any city or town or village charged with the enforcement o f
local building laws and ordinances, and the State labor com
missioner and his deputy, are hereby charged with enforcing the
provisions of this article: Provided, In any town, city or village
1304
BULLETIN OP THE BUREAU OP LABOR STATISTICS.
where no local building inspector or commissioner is provided
for by the law the mayor or other chief officer of such city, town
or village and tlie chief o f police or town marshal o f such city,
town or village are hereby charged with the enforcement o f the
provisions o f this article.
Sec. 3609. I f elevating machines or hoisting apparatus, operated
Signals.
or controlled by other than hand power, are used in the construc
tion, alteration or removal o f any building or other structure, a
complete and adequate system of communication by means of sig
nals shall be provided and maintained by the owner, contractor or
subcontractor, during the use and operation o f such elevating ma
chines or hoisting apparatus, in order that prompt and effective
communication may be had at all times between the operator o f
engine or motive power of such elevating machine and hoisting
apparatus, and the employees and persons engaged thereon, or in
using or operating the same.
D u t i e s of
Sec. 3610. It shall be the duty of all architects or draftsmen
architects, etc. engaged in preparing plans, specifications or drawings to be used
in the erection, repairing, altering, or removing o f any building or
structure within the terms and provisions o f this article, to pro
vide in such plans, specifications and drawings for all the perma
nent structural features or requirements specified in this article;
and any failure on the part o f any such architect or draftsmen to
perform such duty shall subject such architect or draftsman to a
fine o f not less than twenty-five nor more than two hundred dollars
for each offense.
D u t i e s of
Sec. 3611. Any owner, contractor, subcontractor, foreman or
owners, etc.
other person, having charge o f the erection, construction, repair
ing, alteration, removal or painting of any building, bridge, via
duct or other structure within the provisions o f this article, shall
comply with all the terms thereof, and any such owner, con
tractor, subcontractor, foreman or other person, violating any o f
the provisions o f this article, shall upon conviction thereof be fined
not less than twenty-five dollars nor more than than five hundred
dollars, or imprisoned for not less than three months nor more
than two years, or both.
In case of any such failure to comply with any o f the provisions
Prosecutions.
o f this article, the State labor commissioner or his deputy, or the
chief officer o f any city, town or village charged with the enforce
ment o f local building laws and ordinances, may, through the
county attorney o f the proper county, or any other attorney in
case of the failure o f the county attorney to act promptly, take
the necessary legal steps to enforce compliance therewith. I f it
becomes necessary, through the refusal or failure o f the county
attorney to act, for any other attorney to appear for the State in
any suit involving the enforcement o f the provisions o f this article,
reasonable fees fo r the services of such attorney shall be allowed
by the county board o f the county in which such proceedings are
instituted.
Damages.
Sec. 3612. For any injury to person or property, occasioned by
any violation of this article, or failure to comply with any o f its
provisions, a right o f action shall accrue to the party injured, for
any direct damages sustained thereby; and in case o f loss o f life
by reason o f such violation or failure, as aforesaid, a right o f
action shall accrue to the widow o f the person so killed for the
benefit o f herself and the children or adopted children of the per
son so killed. In case the person so killed shall not leave a widow
or children a right o f action shall accrue in favor of any other
person or persons who were, before such loss o f life, dependent in
any degree for support on the person or persons so killed. In case
the person or persons so killed shall leave a widow surviving, the
action shall be brought in her name for the benefit o f herself and
children, if any surviving, o f such person or persons [but in the
event that no widow shall survive such person or persons,] so
killed, action shall be brought in the name o f the administrator o f
his estate for and in behalf o f the proper persons. The fact that
any employee, servant or other person shall continue to work
LABOR LAWS----NEBRASKA---- REVISED STATUTES----1913.
1305
during the time such owner, contractor or subcontractor has failed
to comply with the j^rovisions o f this article shall not be considered
as an assumption o f the risk o f such employment by such em- not assumed
ployee, servant or other person and shall not in any case bar recov
ery o f damages for the failure o f such owner, contractor or subcon
tractor to comply with the provisions o f this article. In all actions
brought to recover damages for injuries caused by a failure to com
ply with the terms and provisions of this article the owner, con
tractor or subcontractor, if any, shall in all cases be jointly
and severally liable in damages for all injuries caused through
a failure to comply with this article. The owner, contractor and ctJ ° fiabiet0rS’
r
subcontractor, if any, shall in all cases be jointly and severally
*
’
liable in damages for all injuries caused through a failure to
comply with this article. The owner, contractor and subcontractor, i f any, shall in all cases be held liable for the failure or
neglect o f any superintendent, foreman or other agent, employed
by them, or either o f them, to comply with the provisions of this
article: Provided, however, The provisions o f the foregoing [sic]
article shall not apply to any buildings which do not exceed 33
feet in height above the foundation.
Fire escapcs on factories, etc.
S ection 3612a. Every building * * * more than two stories
What huildhigh and containing above the ground floor, * * * workrooms *
n£s to have
* * * all or any o f which rooms are designed for occupancy
scapes‘
by fifteen or more persons, shall be provided with one or more
fireproof stairways, chutes or toboggans constructed on the outside
thereof, placed in such position and as many in number as may
be designated by the commissioner o f labor, or his deputy com
missioner o f labor. Such fireproof stairways, chutes or toboggans
shall connect the cornice with the top o f the first story o f such
building by a wrought-iron or steel platform, properly surrounded Construction,
with a wrought-iron or steel railing; said platform to be con
structed on a level with the floor o f each story so connected, and
o f sufficient length to permit access to the same from not less
than two windows of each story— said platform shall be so con
structed as to be o f convenient access from the interior o f the
building, commodious in size and form and o f sufficient strength
to be safe for the purpose o f ascent and descent: Provided, how
ever, All buildings more than two stories in height used for manu
facturing purposes, mercantile establishments, * * * where
twenty-five or more persons congregate at any one time, there
shall be placed one automatic metallic fire escape or device for
every twenty-five persons, for which working accommodations
are provided above the second floor of said building—material, de
sign and location o f such escapes to be subject to the approval of
the deputy commissioner o f labor: * * *
Sec. 3613. The commissioner of labor is hereby authorized and inspection,
required, when it shall come to his notice that there is any build
ing in this State where the provisions o f this article are being
violated, to inspect such building. Such inspection may be by
the commissioner o f labor, deputy commissioner o f labor or such
other person as may be appointed by the deputy commissioner o f
labor for the purpose o f making the inspection.
Such persons shall be under the control and direction of the deputy
commissioner o f labor and are especially charged with the duties
imposed, and shall receive such compensation as shall be fixed
by the deputy commissioner o f labor, not to exceed three dollars
a day, together with all necessary expenses. All compensation
for services and expenses provided for in this article shall be paid
by the State treasurer out o f the general appropriation for the
bureau o f labor census and industrial statistics, upon the warrant
o f the State auditor: Provided, The deputy commissioner o f
labor in charge shall present to the governor, on or before the
fifteenth day of December o f each year, a report o f such inspec
tion with such recommendation as may be necessary.
1306
BULLETIN OP THE BUREAU OP LABOR STATISTICS.
Violations.
S ec. 3614. Any owner, lessee, or occupant who shall fail to place
or cause to be placed upon such building, such fire escape or
escapes as required by this article shall be guilty o f a misde
meanor and upon conviction thereof shall be fined in any sum not
less than twenty-five nor more than one hundred dollars, and
shall stand committed to the county jail until such fine is paid.
Prosecutions.
Sec. 3615. The county attorney o f each comity in this State is
hereby required upon the complaint on oath of the deputy com
missioner o f labor or other person, to prosecute to termination,
in the name of the people o f the State o f Nebraska, a proper
action or proceeding against any person or persons violating the
provisions o f this article.
Employment of women and children— Minimum wages.
Com mission
created.
S ection 3616. There is hereby established a commission to be
known as the Nebraska Minimum Wage Commission. The governor
is hereby made a member o f said commission. Within thirty days
from the passage and approval o f this article he shall appoint the
following additional members: Deputy commissioner o f labor; a
member o f the political science department o f the University o f
Nebraska; one oilier member who shall be a citizen of the State.
At least one member o f said commission shall be a woman. Each
of the above appointments shall be for a period of two years and
may be renewed thereafter. Any vacancy occurring in the com
mission shall be filled by the governor. Within ten days after
such appointment the commission shall meet and organize by the
election of a chairman and secretary.
Expenses.
Sec. 3617. Each commissioner shall be paid all traveling and
other expenses incurred in the performance of his or her official
duties. The commission may incur other necessary expenses not
exceeding the biennial appropriation therefor and shall be pro
vided with an office in the statehouse or at the State university.
Inquiry as to
Sec. 3618. It shall be the duty of the commission to inquire into
wages.
the wages paid to the female employees in any occupation in the
commonwealth, if the commission has reason to believe that the
wages paid to a substantial number of such employees are inade
quate to supply the necessary cost o f living and to maintain the
worker in health.
Wage board.
Sec. 3619. If, after such investigation, the commission is of
the opinion that in the occupation in question the wages paid
to a substantial number o f female employees are inadequate
to supply the necessary cost o f living and to maintain the worker
in health, the commission shall establish a wage board consisting
of not less than three representatives o f employers in the occu
pation in question and o f an equal number o f persons to repre
sent the female employee in said occupation, and in addition
thereto the three appointed members of the commission to repre
sent the public. The chairman of the commission shall be chair
man of the wage board and shall make rules and regulations
governing the procedure o f the board and exercise jurisdiction
over all questions arising with reference to the validity o f the
procedure and the determinations of the board. The secretary of
the commission shall be secretary o f the wage board and keep such
record of hearings and arguments as the wage board shall direct.
The members of wage boards shall be compensated at the same
rate as jurors in district court; they shall be allowed necessary
traveling and other expenses incurred in the performance o f their
duties, these payments to be made from the appropriation for the
expenses of the commission.
Investigation.
Sec. 3620. The commission may transmit to each wage board
all pertinent information in its possession relative to the w~ages
paid in the occupation in question. Each wage board shall take
into consideration the needs of the employees, the financial con
dition of the occupation and the probable effect thereon o f any
increase in the minimum wages paid, and shall endeavor to deter
mine the minimum wage, whether by time rate or piece rate, suit
LABOR LAWS— NEBRASKA— REVISED STATUTES— 1913.
1307
able for a female employee of ordinary ability in the occupation
in question, or for any or all of the branches thereof, and also
suitable minimum wages for learners and apprentices and for
minors below the age of eighteen years. When two-thirds of the
members of a wage board shall agree upon minimum wage determinations, they shall report such determinations to the commission, together with the reasons therefor and the facts relating
thereto, and also the names, so far as they can be ascertained by
the board, of employers who pay less than the minimum wage
so determined.
Sec. 3621. Upon receipt of a report from a wage board, the com-
Report,
Review
by
mission shall review the same, and report its review to the gov-C0mmissl011ernor. I f the commission approves any or all of the determina
tions o f the wage board it shall, after not less than thirty days’
notice to employers paying a wage less than the minimum wage
approved, give a public hearing to such employers, and if, after
such public hearing, the commission finally approves the determi- D
nation, it shall enter a decree o f its findings and note thereon the •
uecreenames o f employers, so far as they may be known to the com
mission, who fail or refuse to accept such minimum wage and
to agree to abide by it. The commission shall, within thirty days Publication,
thereafter, publish the names o f all such employers in at least
one newspaper in each county in the commonwealth, together with
the material part o f its findings, and a statement o f the minimum
wages paid by every such employer. Any employer upon filing co^ view * y
>
a declaration under oath in the district court to the effect that
compliance with such decree would endanger the prosperity of the
business to which the same is made applicable, shall be entitled to
a stay of execution o f such decree, and a review thereof with
reference to the question involved in such declaration. Such
review shall be made by the court under the rules of equity pro
cedure, and if it shall be found by the court that compliance with
such decree is likely to endanger the prosperity o f the business to
which the same is applicable, then an order shall issue from said
court revoking the same. The type in which the employers’ names
shall be printed shall not be smaller than that in which the news
matter of the paper is printed. The publication shall be attested
by the signature o f at least a majority o f the commission.
Sec. 3622. In case a wage board shall make a recommendation Report to legof a wage determination in which a majority, but less than two- islature.
thirds of the members concur, the commission, in its discretion,
may report such recommendation and the pertinent facts relating
thereto to the legislature.
Sec. 3623. Whenever a minimum wage rate has been estabReconsideralished in any occupation, the commission may, upon petition o f tion*
either employers or employees, reconvene the wage board or es
tablish a new wage board; and any recommendation made by
such board shall be dealt with in the same manner as the original
recommendation of a wage board.
Sec. 3624. For any occupation in which a minimum time rate Special license,
only has been established, the commission may issue to any woman
physically defective a special license authorizing the employment
o f the licensee for a wage less than the legal minimum w age:
Provided, It is not less than the special minimum wage fixed for
that person.
Sec. 3625. The commission may at any time inquire into the Determination
wages paid to minors in any occupation in which the majority o f
™ 1 f0 ,m
\
employees are minors, and may after giving public hearings, de-nors.
termine minimum wages suitable for such minors. When the
commission has made such a determination, it may proceed in the
same manner as if the determination had been recommended to
the commission by a wage board.
Sec. 3626. Every employer of women and minors shall keep a E m p l oyees'
register of the names and addresses of all women and minors em- register,
ployed by him, and shall on request permit the commission or
any of its members or agents to inspect the register. The com- Witnesses,
mission
shall also have power to subpoena witnesses, administer
1308
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
oaths and take testimony, and to examine such parts of the
books and records of employers as relate to the wages paid to
women and minors. Such witnesses shall be summoned in the
same manner and be paid from the treasury o f the Commonwealth
the same fees as witnesses before the district court.
Statistics.
Sec. 3027. The commission may cause such statistics and other
data to be gathered as it may deem desirable, and the cost there
o f shall be paid out of the appropriation made for the expenses
of the commission.
D1s crimhia- gEc. 3628. Any employer who discharges or in any other man*
employees.1 3 ner discriminates against any employee because such employee has
1
testified, or is about to testify, or because the employer believes
that the employee may testify, in any investigation or proceeding
relative to the enforcement of this article, shall be deemed guilty
o f a misdemeanor, and upon conviction thereof shall be punished
by a fine o f twenty-five dollars for each offense.
Empl oyers
Sec. 3629. The commission shall from time to time determine
disobeying de_ whether employers in each occupation investigated are obeying
ciees*
its decrees, and shall publish in the manner provided in section
71 of this chapter [sec. 3621], the name o f any employer whom
it finds to be violating any such decree.
Newspapers,
Sec. 3630. Any newspaper publisher or publishers, refusing or
d u M i s h ^nd^ neglecting to publish the findings, decrees or notice o f the com
in g s .
' mission at its regular rates for the space taken, shall, upon con
viction thereof, be punished by a fine of not less than one hundred
dollars for each offense.
No recovery
Sec. 3631. No member o f the commission and no newspaper
of damages, publisher, proprietor, editor or employee thereof, shall be liable
when.
to an action for damages for publishing the name of any em
ployer in accordance with the provisions o f this article, unless
such publication contains some willful misrepresentation.
Reports.
Sec. 3632. The commission shall make a report to the governor
on or before the 1st day o f November, 1914, and biennially there
after, covering the results secured and data gathered in its
work. It may also make such additional report, in the form o f
bulletins from time to time as in its judgment shall best serve
the public interest.
Arbitration of labor disputes— State board.
Appointment
of board.
Duties.
Section 3633. * * * The governor shall appoint three persons, one o f whom shall be a member of a labor organization
affiliated with the State federation of labor, one o f whom shall be
an employer o f labor and one shall be chosen from the general
State citizenship and who is not a member o f either the laboring
or employing citizenship, who together with the chief deputy com
missioner o f labor shall constitute what shall be known as the
State board o f mediation and investigation and the chief deputy
commissioner o f labor shall be the secretary o f said board and
shall keep all records thereof; the terms of office o f each member
of said board shall be two years from the time o f appointment, or
until their successors are appointed, 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 o f
said board shall be known as chairman thereof and shall be so
designated by the governor in making said appointment.
Sec. 3634. The duty o f said State board o f mediation and inves
tigation shall be as follow s: Whenever a strike or lockout occurs
in the State o f Nebraska, or when such strike or lockout is seri
ously threatened, and the governor deems it advisable, he shall
notify the chairman and secretary o f said board and one o f the
members shall proceed promptly to the locality o f such strike or
lockout and endeavor by mediation to effect an amicable adjust
ment o f the controversy. I f the governor deem it advisable he
shall cause the secretary o f said board to call all the members
thereof to the locality of such strike or lockout to inquire into the
LABOR LAWS----NEBRASKA----REVISED STATUTES----1913.
1309
cause thereof; and for that purpose said board shall have all the
powers conferred upon it in the case o f a controversy submitted to
it for investigation. Three members of such board shall consti
tute a quorum for the transaction o f business and may hold meet
ings at any time within the State when, for any purpose pertaining
to the duties o f said board, the governor deems it advisable.
Examinations or investigations may be held and taken by and
before any o f their number, but a decision rendered in such a case
shall not be deemed conclusive until approved by the board.
Sec. 3685. A grievance or dispute between an employer and his
s V * mission
>
employees may be, by mutual agreement, submitted to the State 0 deputes,
board o f mediation and investigation for their determination and
settlement. Such submission shall be in writing and contain a
statement in detail o f the grievance or dispute, and the cause
thereof, and also an agreement to abide the determination of the
board, and, during the investigation, 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 subpoena witnesses, compel their attend
ance, take and hear testimony and call for and examine books,
papers and documents o f any parties to the controversy. Sub
poenas shall be issued by the secretary o f 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 wit
nesses. Witnesses shall be allowed the same fee as in the district
courts o f the State. The decisions o f the board must be rendered
within five days after the completion o f the investigation.
Sec. 3 6 8 6 . Within five days after the completion o f every inves- Decision,
tigation the board or a majority thereof shall render a decision,
stating such details as will clearly show the nature of the contro
versy and the points disposed o f by them, and make a written
report o f their findings o f fact o f their recommendations to each
party to the controversy. Every decision and report shall be filed
in the office o f the governor, and a copy thereof served upon each
party to the controversy and shall be given to the press for publi
cation as a means o f acquainting the public with all details
thereof.
Sec. 3637. The secretary o f said State board shall make a report
Report,
in writing of each and every investigation made by them, and the
results and effects thereof, to the legislature, said report to be
included in the biennial report of the bureau o f labor under sepa
rate chapter titled report o f State board of mediation and inves
tigation.
Sec. 3638. A grievance or dispute between an employer and his
Mediation,
employees may be submitted to voluntary mediation by submitting
to a local board o f mediators consisting o f three persons for hear
ing and settlement. When the employees concerned are members
in good standing o f a labor organization, one mediator may be
selected by such, organization and one by the employer. The two
so designated shall appoint a third who shall be chairman o f the
board. I f such employees are not members of a labor organiza
tion, a majority thereof at a meeting duly called for that purpose
may designate one mediator for such board.
*
Sec. 3639. Before entering upon his duties each mediator so
Procedure,
selected shall sign a consent to act and take and subscribe an oath etcto faithfully and impartially discharge his duties as such medi
ator, which consent and oath shall be filed in the clerk’s office of
the county or counties wherein the controversy arose. The dep
uty commissioner of labor shall act as secretary to said board.
Notice o f the time and place and hearing shall be given to the
parties to the controversy. The local board may, through its sec
retary, subpoena witnesses, compel their attendance, and take and
hear testimony as is provided herein for the State board o f media
tion and investigation. Each member o f such local board shall
receive as compensation for his services four dollars for every day
actually engaged in such hearing.
1310
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Sec. 3040. The local board shall witliin ten days after the close
0f hearing render a written decision signed by them giving such
details as clearly show the nature of the controversy and the ques
tions decided by them. One copy of the decision shall be filed in
the office o f the clerk o f the county, or counties, wherein the con
troversy arose, one copy forwarded to the chairman o f the State
board o f mediation and investigation, one copy to the governor,
and one copy each to the parties o f the controversy.
Compensation.
gE > 3641 , The members of the State board shall receive as com
C
pensation for their services five dollars each per day while engaged
in the duties of the office as herein defined and railway fare and
hotel bill necessarily expended in the performance o f such duties,
together with all necessary printing, stationery, etc., said compen
sation to be paid out of the State treasury upon warrants executed
in due form ; all costs of witnesses as herein provided shall be
taxed, in mediation of matters voluntarily submitted to said State
board, and the cost o f local mediation, including witness fees o f
local mediation as herein provided, against the parties o f said
mediators, equally. All witness costs in making investigations by
the State board in controversies not voluntarily submitted shall be
paid out o f the State treasury, out o f the fund appropriated for
the maintenance of said board.
Decision
mediators.
of
Bale of intoxicants near construction camps.
Sale
forbid-
den*
Violation.
F u l l __crew
Section 3879. It shall be unlawful for the county board or
other officer or officers authorized to grant a license to any per
son or persons to sell, barter, or exchange, or otherwise dispose
of malt, spirituous or vinous liquors within five miles of any
camp or assembly o f men engaged in ,th e construction or repair
of any railroad, canal, reservoir, public work or other kindred
enterprise, where twenty-five or more men are employed.
Sec. 38S0. Any person who shall sell, barter or exchange, or
offer for sale, barter or exchange, or otherwise dispose o f malt,
spirituous or vinous liquors, within five miles o f any camp or as
sembly o f twenty-five or more men engaged in the construction or
repair o f any railroad, canal, reservoir, public work, or other
kindred enterprise, shall be deemed guilty o f a misdemeanor, and
upon conviction shall be fined in a sum not exceeding one hun
dred dollars, or imprisoned in the county jail not exceeding sixty
days, or both, and any attempt to evade the provisions o f this
and the next preceding section by giving away any such liquor
upon the pretense or for the reason that such person has pur
chased, or designs to, or is expected to purchase some other
article, shall be deemed a sale within the provisions o f said sec
tions : Provided, The provisions o f this section shall not apply to
sales made under a license issued by any incorporated town or
city nor to sales at saloons or other places at which such liquors
are sold or disposed of, outside the corporate limits o f cities or
towns, which place of sale may have been established and licensed
six months prior to the beginning of such work within said fivemile limit.
Railroads—Regulations.
Section 5991. It shall be unlawful for any railroad company
doing business in the State o f Nebraska to operate or run over its
road or any part thereof, or suffer or permit to be run over its
On passenger, r0ad or any part thereof, outside of the yard limits, any passenetc., trains;
majj 0r express train carrying passengers, whose regular
equipment consists o f more than five cars, with a crew, consisting
of less than one engineer, one fireman, one conductor, one brakeman and one flagman: And further provided, Passenger trains
whose regular equipment consists of five cars or less, may be
operated with a crew consisting o f one engineer, one fireman, one
conductor and one brakeman or flagman.
On freight gEc. 5992. It shall be unlawful for any railroad doing business
trams.
in Nebraska to operate or run over its road, or any part thereof,
required
LABOR LAWS----NEBRASKA---- REVISED STATUTES----1913.
1311
or to suffer or permit to be operated or run over its road, or any
part thereof, outside o f yard limits any freight train which is not
manned with a crew consisting of one engineer, one fireman, one
conductor and two brakemen: Provided, Main-line local freight
trains running one hundred miles or more and carrying passengers,
local merchandise and doing station switching shall be provided
with a crew consisting o f one conductor, one engineer, one fire
man, and three brakemen.
S ec. 5993. Nothing in the two next preceding sections shall be Exceptions,
held as applying to any case of disaster or disability of any mem
ber or members o f the crew, arising while out on the road between
division terminals, or to relief trains or to wrecking trains where
men are not available.
Sec. 5994. The officers or agents of any railroad company doing Violations,
business in the State o f Nebraska who shall send out on its road,
or cause or suffer or permit to be sent out on its road, or any part
thereof, outside o f the yard limits, any passenger or freight train
which is not manned in accordance with the provisions o f this
article, shall be guilty o f a misdemeanor, and upon conviction
thereof shall be fined not less than one hundred dollars nor more
than one thousand dollars for each offense and shall stand com
mitted until such fine and costs are paid, and any railroad com
pany in the State o f Nebraska, whose officer or officers, agent or
agents or any servant or servants shall be found guilty o f such
misdemeanor, shall be liable for any damages caused by the viola
tion o f the provisions o f this article.
Sec. 5995. The penalties prescribed in the next preceding section
Violation of
shall apply to all violations o f the next following section here- sec*
after and it shall be the duty o f the State railway commission to
enforce the provisions thereof.
Sec. 5996. It shall be unlawful for any railroad doing business C r e w s for
in the State o f Nebraska to operate or run over its road from one g engines,
division to another division, or to suffer or permit to be operated
or run over its road from one division to another division outside
o f yard limits, any light engine which is not manned with a crew
consisting o f one engineer, one fireman and one conductor.
Sec. 6031. Every person, firm, corporation, lessee or receiver o f
L i gh ts on
any railroad engaged in the business of transportation in th issw
standsState shall equip with proper lights all switch stands to each and
every switch leading from all main tracks o f any such road, on
which trains are generally operated at night, except lines fully
equipped with automatic block signals. The lights upon such
switch stands shall be in good condition constantly, and shall be
lighted and kept burning between the time o f sundown and sun
rise and at such other times, when by reason o f excessively foggy
weather, the condition o f such lights or signals would render
it unsafe both for the employees o f such railroad and for the
general public.
S ec. 6032. Any person, firm, corporation, lessee or receiver o f Violation,
any railroad company in this State who shall violate any of the
provisions of the next preceding section, or who shall permit any
such violation on the part o f any employee, shall, on conviction,
be fined in any sum not to exceed five dollars.
S ec. 6033. * * * It shall be the duty o f every person, comHeadlights
pany and corporation, or the receiver, lessee, manager or superin- required*
tendent thereof, owning or operating lines of railway in the State
o f Nebraska, to equip, maintain and use upon each and every
locomotive engine operated in road service within the State o f
Nebraska, a headlight of a power that will plainly outline the Standard,
figure o f a man on or adjacent to the track at a distance of six
hundred feet in front o f the locomotive. The visibility herein
required is intended to be measured by and under ordinary night
conditions, and for the sight of a person having the usual visual
capacity required of locomotive engineers from their place in
charge o f a moving locomotive to such distance: Provided, how
ever, This section shall not apply to locomotive engines running
not more than ten miles into the State to complete their runs, nor
1312
BULLETIN OF THE BUREAU OF LABOR, STATISTICS.
to locomotive engines used in regular switching service, nor to
such engines as may be used exclusively between sunrise and
sunset, nor to such engines when going to or returning from repair
shops for repairs.
Violation.
gE > 0034. Any person, company or corporation, or the receiver,
C
lessee, manager or superintendent thereof, violating any of the
provisions o f the next preceding section, or who permits said sec
tion to be violated when it is within his official power or authority
to prevent such violation, shall, on conviction thereof, be fined in
any sum not less than one hundred dollars, nor more than five
hundred dollars for each offense. The operation o f one engine any
part of one day in violation of said section shall be deemed a sepa
rate and distinct offense.
Sec*
Every railway company operating a railway engine,
ees.
car or train in the State o f Nebraska shall be liable to any of its
employees, who at the time o f injury are engaged in construction
or repair work or in the use and operation of any engine, car or
train for such company, or, in the case of his death, to his per
sonal representatives, for the benefit o f his widow and children,
if any, if none, then to his parents, if none, then to his next o f
kin dependent upon him, for all damages which may result from
negligence o f any of its officers, agents, or employees, or by reason
Defects.
0f any defects or insufficiency due to its negligence in its cars,
engines, appliances, machinery, track, roadbed, ways or works.
Comparative
gE # 6054. In all actions brought against any railway company
C
neg igence.
|0 recover damages for personal injuries to an employee, or when
such injuries have resulted in his death, the fact that the employee
may have been guilty o f contributory negligence shall not bar a
recovery when his contributory negligence was slight and that o f
the employer was gross in comparison, but damages shall be
diminished by the jury in proportion to the amount o f negligence
attributable to such employee; all questions o f negligence and
contributory negligence shall be for the jury.
Though this statute enforces a different rule against railroads from
that applicable to other classes of litigants it is not unconstitutional; nor
does the fact that the act covers subjects embraced within the Federal
safety appliance laws invalidate its provisions abolishing the fellowserviee doctrine. 32 Sup. Ct. 606.
Sec. 6055. No contract o f employment, insurance, relief benefit
or 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 consti
tute any bar or defence to any action brought to recover damages
for personal injuries to or death o f such employee: Provided,
however, Upon the trial o f such action against any common car
rier the defendant may set off 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 his death, to his
personal representative,
intoxication
S ec. 6057. I f any person shall, while in charge o f a locomotive
etc engmeers’ engine running upon the railroad o f any such corporation, or
while acting as the conductor o f a car or train o f cars on any
such railroad, be intoxicated, he shall be deemed guilty o f a mis
demeanor, and upon conviction thereof shall be fined not less than
one hundred dollars nor more than five hundred dollars, or be
imprisoned not less than six months nor more than one year, and
be imprisoned until the fine is paid.
St °P °f la^f SEC- 6087. The provisions o f this article shall apply to any comh
fabor. ° UrS ° nion carrier or carriers, their officers, agents and employees, en
gaged in the transportation o f passengers or property by railroad
in the State o f Nebraska, and the term “ railroad ” as used in this
article shall include all bridges and ferries used or operated in con
nection with any railroad, whether owned or operated under a
contract agreement or lease, and the term “ employees,” as used in
this article, shall be held to mean persons actually engaged in or
connected with the movement o f any train.
not°a t>araCtS
LABOR LAWS----NEBRASKA-— REVISED STATUTES— 1913.
1313
Sec. 6088. It shall be unlawful for any common carrier, its Sixteen-hour
officers or agents, subject to this article, to require or permit any day*
employee subject to this article to be, or remain on duty for a
longer period than sixteen consecutive hours, and whenever any
such employee o f such common carrier shall have been continu
ously on duty for sixteen hours, he shall be relieved and not be
permitted or required to again go on duty without having at Eight hours*
least ten consecutive hours’ rest off duty, and no such employee, restwho has been on duty sixteen hours in the aggregate in any
twenty-four hour period, shall be required or permitted to con
tinue or again go on duty without having had at least eight con
secutive hours off d u ty : Provided, No operator, train dispatcher,
or other employee who by the use o f the telegraph, or telephone,
dispatches reports, transmits or receives or delivers orders per
taining to or affecting train movements shall be required or per
mitted to be or remain on duty for a longer period than nine
Ninc.hour
hours in any twenty-four hour period in all towers, offices, places day
and stations continuously operated day and night, nor for a longer
period than thirteen hours in all towers, offices, places and sta
tions operated only during the daytime, except in cases o f emer
gency, when the employees named in this proviso may be permitted
to be or remain on duty for four additional hours in a twenty-four
hour period or not to exceed three days in any one week: Pro
vided further, The State railway commission may, after full
hearing in a particular case, and for good cause shown, extend
the period within which a common carrier shall comply with the
provisions o f this proviso as to such case.
Sec. 6089. Any such common carrier, or any officer or agent Violations,
thereof, requiring or permitting any employee to go, be or remain
on duty in violation o f the next preceding section, shall be liable
to a penalty o f not to exceed five hundred dollars fo r each and
every violation thereof to be recovered in a suit or suits to be
brought by the county attorney o f the county in the State having
jurisdiction in the locality where the violation shall have been
committed, and it shall be the duty o f such county attorney to
bring such suits upon satisfactory information being lodged with
him, but no such suit shall be brought after the expiration o f one
year from the date o f such violations as may come to his knowl
edge. In all prosecutions under this article the common carrier
shall be deemed to have had knowledge o f all acts o f its officers
and agents: Provided, The provisions o f this article shall not Exceptions,
apply in any case o f casualty or unavoidable accident or the act
o f G od ; nor where the delay was the result o f a cause not known
to the carrier, or its officers and agents in charge o f such em
ployee at the time said employee left a terminal, and which could
not have been foreseen: Provided further, This article shall not
apply to the crews o f wrecking or relief trains.
Sec. 6090. It shall be the duty o f the State railway commis- Enforcement
sioners to execute and enforce the provisions o f the three next
preceding sections, and all powers granted to the State railway
commission are hereby extended to it in the execution thereof.
Sec. 6091. The provisions o f the following sections shall apply Scope of law
to any corporation or to any person or persons while engaged as as t0 cabooses*
common carriers in the transportation by railroad o f passengers or
property within this State to which the regulative power o f this
State extends.
Sec. 6092. From and after the first day of June, 1914, it shall be
p i tensions
unlawful, except as otherwise provided by law, fo r any su ch and e(iuiPmentcommon carrier by railroad to use on its lines any caboose car or
other car used for like purpose unless such caboose or other car
shall be at least twenty-four feet in length exclusive o f the plat
forms and equipped with two four-wheel trucks, and such caboose
car or other car shall be o f constructive strength equal to that o f
the thirty-ton capacity freight cars constructed according to
M. O. B. (master car builders) standards, and shall be provided
with a door in each end thereof and an outside platform across
393S7°— Bull. 148, pt 2—14------ 7
1314
BULLETIN OE THE BUREAU OF LABOR STATISTICS.
each end of such c a r ; each platform shall be not less than twenty
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 of said car. The 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 such step. The caboose shall be
not less than eleven feet in height, with cupola and necessary closets
and window s: Provided, This and the three next following sections
shall not apply where such car so used for a way car or caboose
. .
car is a passenger car or a combination passenger and baggage car.
booses.
Ca" Sec. 6093. Whenever any such caboose car or other car now in
use by any such common carriers shall be brought into any shop
for general repairs, it shall be unlawful to again put the same into
the service o f such common carrier within this State, unless it
be equipped as provided in the next preceding section.
Extension of
S ec. 6094. The State railway commission is hereby authorized
*
to grant to any common carrier aforesaid, upon full hearing
and for good cause shown, a reasonable extension o f time in
which to comply with the provisions o f the two next preceding
sections: Provided, In no case shall such extension in the aggre
gate exceed a period o f one year from the time herein limited for
compliance therewith.
Violations.
Sec. 6095. Any common carrier violating any o f the provisions
of the second and third next preceding sections 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,
pioyees mto e?e Sec*
^ shall be unlawful for any common carrier within
' t w e n t y - one this State to put in charge of any telegraph office or signal tower
years of age. between the hours of 7 o’clock in the evening and 7 o’clock in
the morning, any telegraph operator or towerman whose duty it
shall be to assist in the movement of trains, unless such telegraph
operator or towerman shall have reached the age o f at least
twenty-one years: Provided, This section shall not apply when
such common carrier is engaged in relieving its tracks o f a train
wreck, an act o f God, or some public calamity.
violation.
gEa 6097. ^ny common carrier within this State who shall vio
late the provisions o f the next preceding section shall be deemed
guilty o f a misdemeanor, and upon conviction by any court of
competent jurisdiction, shall be fined in any sum o f not less
than five nor more than fifty dollars for every night any such
minor person is so employed in charge o f every such railway
station or tower.
a it to* ma t i c
^ec. 6098. It shall be unlawful for any corporation, company or
couplers not to person operating any line of railroad in this State, or any car
be put in use; manufacturer or transportation company using or leasing cars, to
put in use in this State any car or cars that are not equipped' with
safety or automatic couplers or drawbars such as shall not neces
sitate the going between the ends o f such cars to couple or un
couple them.
Nor retained
gE > 6099. It shall be unlawful for any corporation, company or
C
in use.
persons operating a railroad, or any transportation company using
. or leasing cars of any description and used in the commerce of
the country or in the construction o f railroads, to have upon any
railroad in Nebraska, for use in the transportation o f freight or
passengers, any car that is not equipped with such safety auto
matic couplers as provided for in the next preceding section.
Power brakes. gE # 6100. It shall be unlawful for any corporation, company or
C
person, operating any line of railroad in this State, to use any loco
motive engine upon any railroad or in any railroad yard in this
State, that is not equipped with a proper and efficient power brake,
commonly called a “ drive brake.”
aSredPment re" ^EC- 6101. It shall be unlawful for any corporation, company or
person operating a line o f railroad in this State to run any train
of cars that shall not have in that train a sufficient number o f cars
with some kind o f efficient automatic or power brakes so that the
engineer upon the locomotive can control the train without re
LABOR LAWS----NEBRASKA— REVISED STATUTES— 1913.
1315
quiring brakemen to go between the ends or on top o f tlie ears to
use, as now, the common hand brakes.
Sec. 6102. Every railroad corporation, company or person operating a railroad in this State, and every person, corporation or
company using or leasing cars in the transportation business or
in building railroads, shall and are by the five next preceding sec
tions required to include in their annual report to the State rail
way commissioners the number of locomotive engines and! cars
used in this State, and what number is equipped with automatic
power brakes and what number of cars equipped with automatic
safety couplers and the kind of brakes and couplers used and the
number of each kind when more than one kind is used.
Sec. 6103. Any corporation, company or person operating a rail-
Reports,
Penalty,
road in this State, and using a locomotive engine, or running a
train o f cars, or using any freight, or way car contrary to the
provisions o f the five next preceding sections, shall be deemed
guilty o f a misdemeanor, and shall be subject to a fine of not less
than five hundred dollars or not more than one thousand dollars,
for each offense: Provided, Penalties and liabilities of this section
shall not apply to companies in receiving and hauling cars de
livered for transportation by railroads other than those of this
State, which are engaged in interstate traffic. Any railroad! em
ployee who may be injured by the running o f such engine or train
of cars contrary to the provisions of this law shall not be con
sidered as waiving his rights to recover damages by continuing
in the employ o f such corporation, company or person running
such engine or trains o f cars contrary to this law.
Sec. 6 1 1 4 . The commission shall have power to examine into P o w e r s of
and inspect, from time to time, the condition of each railway or State railway
common carrier, its equipment and the manner of its conduct and commission,
management with regard to the public safety and convenience in
the State; and if any part thereof is found in an unsafe and
dangerous condition the commission shall immediately notify the
railway company or common carrier whose duty it is to put the
same in repair, which shall be done by it within a reasonable
time after receiving such notice, and if any railway company or
common carrier, subject to the provisions o f this article, fails to
perform this duty, the commission may enjoin and prevent it
from running trains over the same while in such unsafe and
dangerous condition.
Protection of employees on street railways—Inclosed platforms.
S ection J6181. It shall be unlawful for any person, partnership
Platforms to
or corporation, owning or operating a street railway in this State,
i ncl os ed,
or for any officer or agent thereof, superintending or having charge wlien‘
or control o f the management o f such line o f railway, or the cars
thereof, operating electric, cable or other cars propelled either by
steam, cable or electricity, which require the constant services,
care or attention o f any person or persons upon the platforms o f
such cars, to require or permit such services, attention or care o f
any of its employees or any other person or persons between the
first day of November and the first day of April thereafter o f each
year, unless such person, partnership or corporation, its officers or
superintending or managing agents, have first provided the plat
forms o f such car or cars with a proper and sufficient inclosure,
constructed o f wood, iron and glass, or similar, suitable material
sufficient to protect such employees from exposure to the winds
and inclemencies o f the weather: Provided, Such inclosure shall
be so constructed as not to obstruct the vision o f the person op
erating such car, or to endanger or interfere with its safe manage
ment by the operator.
S ec. 6182. It shall be unlawful for any such person, partnership
cars not to
or corporation, so owning or operating street railways using be used withsteam, electric or cable cars, or any superintending or managing out inclosureofficer or agent thereof, to cause or permit to be used upon such
1316
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
line of railway between November 1st and April 1st o f each and
every year, any car or cars upon which the services o f any em
ployee, such as is specified in the next preceding section is required,
unless said car or cars shall be provided with the enclosure re
quired by said section.
Tcnalty.
S ec. 61S3. Violations o f the two next preceding sections shall
be punished as follow s: I f the violation is by a corporation it
shall forfeit and pay the sum o f one hundred dollars; if the viola
tion is by a person or a copartnership such offender shall be pun
ished by a fine o f not to exceed one hundred dollars or be imprisoned
in the county jail not to exceed three months. Each day that any
person or persons, partnership or corporation shall cause or per
mit any o f their employees to operate such cars in violation o f
the provisions of the two next preceding sections, or cause or
permit cars to be used or operated in violation thereof, shall be
deemed a separate offense: Provided, The provisions o f said
sections shall not apply to cars used and known as “ trailing cars.”
Enforcement.
S ec. 6184. It is hereby made the duty o f the county attorney
o f any county in which any such street railway is situated and
operated, upon any information given him by any credible person,
or upon the knowledge that he may possess, that any person, part
nership or corporation has violated any o f the provisions o f the
three next preceding sections, to promptly prosecute such persons,
members of such partnership or corporation for such violation.
Employment of children— School attendance.
Attendance
Section 6924. In school districts other than city and metrorequired.
politan city school districts every person, having legal or actual
charge or control o f any child or children or youth not less than
seven nor more than fifteen years o f age, shall, during each school
year between the second Monday o f July and the last Monday o f
June following, cause such child or children or youth to attend the
public day schools for a period o f not less than twelve weeks, and
if the public day school o f the school district in which the person or
persons, having charge or control o f such child or children or
youth, may reside shall be in session during the school year be
tween the second Monday o f July and the last Monday o f June fol
lowing more than twelve weeks, then the person having legal con
trol o f such child or children or youth shall cause each o f them to
attend public day school not less than two-thirds o f the entire
time the school shall be in session during the school year as afore
said; and in no case shall such attendance be for a less period
than twelve weeks. In city and metropolitan city school districts
every person residing within such school district, who has legal or
actual charge or control o f any child or children or youth not less
than seven nor more than sixteen years o f age, shall cause such
child or children or youth to attend the public day school for the
full period each school year in which the public day schools o f such
school district are in session. The portion o f this article requirExemptions. ing attendance in public day school shall not apply in any case
where the child or youth is, for a time equal to that required by
this article, instructed in some private or parochial school; or in
any case where the child is instructed at home or elsewhere by
a person qualified to give instruction in the studies required to
be taught in the public schools; or in any case where the child or
youth, being o f the age o f fourteen years, is legally and regularly
employed for his own support or the support of those actually
dependent upon him ; or in any case where the child or youth is
physically or mentally incapacitated for the work done in the
schools, or in any case where the child or youth lives more than
two miles from the school by the nearest practicable traveled road
unless free transportation to and from such school is furnished
to such child or youth. In case exemption is claimed on account
o f mental or physical incapacity, the school authorities shall have
the right to employ a physician or physicians who shall have au
thority to examine such child or youth, and if such physician or
LABOR LAWS— NEBRASKA----REVISED STATUTES----1913.
1317
physicians shall declare that such child or youth is capable of
undertaking the work o f the schools, then such child or youth shall
not be exempt from the requirements of this article. In case ex
emption is claimed and granted on account of a child or youth
o f the age o f fourteen years being legally and regularly employed
for his own support or the support o f those dependent upon him,
such child or youth may, in the discretion o f those charged with
the enforcement o f the article, be required to attend a public
evening school or some other suitable school for not less than
Evening
two hours each school day and not less than three days each week schools,
for a school year o f not less than twenty weeks. * * *
jLiability of employers for injuries to employees—Defenses.
S ection 7891. In any action brought against a railroad or street
Assumption
railroad company to recover damages for personal injury to any
employee, whether such injury results in death or not, the em- railways.*9
ployee shall not be held to have assumed any o f the risks o f his
employment in any case where the railroad company or its agents,
servants or employees have been guilty o f negligenca
Sec. 7892. In all actions brought to recover damages for in£?,?3p*rative
juries to a person or to his property caused by the negligence o f nes sence*
another, the fact that the plaintiff may have been guilty o f con
tributory negligence shall not bar a recovery when the contribu
tory negligence o f the plaintiff was slight and the negligence
of the defendant was gross in comparison but the contributory
negligence o f the plaintiff shall be considered by the jury in the
mitigation o f damages in proportion to the amount o f contributory
negligence attributable to the plaintiff; and all questions o f negli
gence and contributory negligence shall be for the jury.
Suits for wages—Exemptions.
Section 8104. Nothing in this chapter shall be so construed as
No property
to exempt any property in this State from execution or attach- exempt, when,
ment for clerks’, laborers’ or mechanic’s wages * * *
Sec. 8105. The wages o f all persons who are heads o f families,
What wages
in the hands o f those by whom such persons may be employed, aTtaP
chm en?
both before and after such wages shall be due, shall be exempt etc.
’
from the operation o f attachment, execution and garnishee process
to the extent o f ninety per cent o f the amount o f such wages:
Provided, Nothing in this article shall be so construed as to protect Proviso,
the wages o f persons who have or are about to abscond or leave
the State, from the provisions of law now in force upon that sub
ject.
An exemption granted in another State by the laws of that State will
be valid in this State in case of an action brought here. The exemption
of laborers’ wages extends to nonresidents. 19 Nebr. 181, 182.
Sec. 8107. It is hereby declared unlawful for any creditor of, What assign
or other holder o f any evidence o f debt, book account, or claim
uniawo f any name or nature against any laborer, servant, clerk, or other u *
employee, of any corporation, firm or individual, in this State,
for the purpose below stated, to sell, assign, transfer, or by any
means dispose o f any such claim, book account, bill, or debt o f
any name or nature whatever, to any person or persons, firm, cor
poration or institution, or to institute, in this State or elsewhere,
or prosecute any suit or action fo r any such claim or debt against
any such laborer, servant, clerk or employee by any process seek
ing to seize, attach, or garnish the wages o f such person or per
sons earned within sixty days prior to the commencement o f such
proceeding, for the purpose o f avoiding the effect o f the laws of
the State o f Nebraska concerning exemptions.
Sec. 8108. It is hereby declared unlawful for any person or
Aiding,
persons to aid, assist, abet or counsel a violation of the next
preceding section, for any purpose whatever.
Sec. 8109. In any proceeding, civil or criminal, growing out of Evidence,
a breach o f the two preceding sections or either o f them, proof
1318
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Violations.
of the institution o f a suit or service of garnishment summons by
any person, firm, or individual, in any court o f any State, or Ter
ritory other than this State, or in this State to seize by process
of garnishment or otherwise, any o f the wages o f such persons as
defined in section 54S [8107] shall be deemed prima facie evidence
of an evasion o f the laws o f the State o f Nebraska and a breach
of the provisions o f such sections on the part o f the creditor or
resident in Nebraska causing the same to be done.
gE g n o . ^ny persons, firm, company, corporation or business
C
institution guilty o f a violation of the preceding sections, 548 or
549 [secs. 8107, 8108] o f this code, shall be liable to the party
injured through such violation thereof, for the amount o f the debt
sold, assigned, transferred, garnished or sued upon with all
costs and expenses and reasonable attorney’s fee, to be recovered
in any court o f competent jurisdiction in this State, and shall
further be liable by prosecution to punishment by a fine not ex
ceeding the «um o f two hundred dollars and costs o f prosecution.
Sections 8107-8110 are constitutional. 108 N. W. 1067.
Foreign corporations are subject to the act. 58 N. W. 226.
But a nonresident can not claim its benefits. 110 N. W. 547.
One wbo assigns a claim contrary to the provisions of this law is
liable to the debtor for the amount so appropriated without his consent.
37 Nebr. 267.
Three months’
S ec. 8120. The judge may order any property o f the judgment
emDtngS
6 X" debtor» n°t exempt by law, in the hands of either himself or any
other person or corporation, or due to the judgment debtor, to be
applied towards the satisfaction o f the judgment; but the earn
ings of the debtor for his personal services, at any time within
three months next preceding the order, can not be so applied,
where it is made to appear, by the debtor’s affidavit or otherwise,
that such earnings are necessary for the use o f a family sup
ported wholly or partly by his labor.
Labor organizations—Embezzlement o f funds.
Embezzlement
Section 8659. I f any officer, agent or attorney o f any volunan offense.
tary association or o f any labor organization shall embezzle or
convert to his own use, or fraudulently take or make away with
or secrete, with intent to embezzle or fraudulently convert to his
own use without the consent of the owner thereof, any money,
goods, rights in action, or other valuable security or interest
earned upon such funds or property or effects whatsoever be
longing to any such voluntary association or labor organization
of this State, he shall be deemed guilty of embezzlement, and upon
conviction thereof shall be punished in the manner provided by
law for feloniously stealing property of the value o f the article
so embezzled, taken or secreted, or of the value o f the sum of
money payable or due upon any right in action so embezzled.
Bribery, etc., of employees.
Offering
Section 8728. Whoever gives, offers, or promises to an agent,
bribes.
employee or servant, any gift or gratuity whatever, without the
knowledge and consent o f the principal, employer or master of
such agent, employee or servant with intent to influence his action
in relation to his principal’s, employer’s or master’s business; or
Re c e i v i ng an agent, employee or servant who without the knowledge or conbribes.
gent of
principal, employer or master, requests or accepts a gift
or gratuity or a promise to make a gift or to do an act beneficial
to himself, under an agreement or with an understanding that he
shall act in any particular manner to his principal’s, employer’s
or master’s business; or an agent, employee or servant, who, being
authorized to procure materials, supplies or other articles either
by purchase or contract for his principal, employer or master, or
to employ service or labor for his principal, employer or master,
receives directly or indirectly, for himself or for another, a com
mission, discount or bonus from the person who makes such sale
or contract, or furnishes such materials, supplies or other articles,
LABOR LAWS----NEBRASKA— REVISED STATUTES— 1913.
1319
or from a person who renders such service or labor; and any
person who gives or offers such an agent, employee or servant such
commission, discount or bonus shall be guilty of a misdemeanor
and shall be punished by a fine of not less than ten dollars nor
more than five hundred dollars, or by such fine and by imprison
ment in the county jail for not more than one year.
Sunday labor.
S ection 8802. I f any person o f the age o f fourteen years or up- Sunday labor
ward shall be found on the first day o f the week, commonly called forbidden.
Sunday, * * * at common labor (work of necessity and
charity only excepted) he or she shall be fined in a sum not ex
ceeding five dollars nor less than one dollar: Provided, Nothing
herein contained in relation to common labor on said day o f the
week, commonly called Sunday, shall be construed to extend to
those who conscientiously do observe the seventh day o f the week
as the Sabbath, nor prevent families emigrating from traveling,
watermen from landing their passengers, and superintendents and
helpers o f toll bridges or tollgates from attending and* superintend
ing the same, or ferrymen from conveying travelers over the water,
or persons moving their families on such days, or to prevent rail
way companies from running necessary trains. * * *
NEVADA.
REVISED LAWS— 1912.
Wages as preferred claims—In ’bankruptcy.
Section 606. * * * (b) The debts to have priority, except as Order of payherein provided, and to be paid in full out o f bankrupt estates, and mentthe order of payment shall be ( 1 ) the actual and necessary cost of
preserving the estate subsequent to filing the petition; ( 2 ) the filing
fees paid creditors in involuntary cases and, where property o f the
bankrupt, transferred or concealed by him either before or after
the filing o f the petition, shall have been recovered for the benefit
o f the estate o f the bankrupt by the efforts and at the expense
o f one or more creditors, the reasonable expenses o f such recov
ery; (3) the cost o f administration, including the fees and mile
age payable to witnesses as now or hereafter provided by the
laws o f the United States, and one reasonable attorney’s fee for
the professional services actually rendered, irrespective o f the
number o f attorneys employed, to the petitioning creditors in in
voluntary cases, to the bankrupt in involuntary cases while per
forming the duties herein prescribed, and to the bankrupt in vol
untary cases, as the court may allow ; (4) wages due to work
men, clerks, or servants which have been earned within three
months before the date o f the commencement o f proceedings, not
to exceed three hundred dollars to each claimant; and (5) debts
owing to any person who by the laws o f the States or the United
States is entitled to priority.
*
*
*
*
*
*
*
Mothers' pensions— Aid for dependent children.
Section 728. * * *. For the purpose o f this act the words Definition.
“ dependent child ” and “ neglected child ” shall mean any child
who, while under the age o f eighteen years, for any reason is desti
tute, homeless or abandoned; or dependent upon the public for sup
port ; * * * or who, while under the age o f ten years, is found
begging, peddling or selling any article or articles, or singing or
playing any musical instrument for gain or giving any public
entertainments upon the street, or accompanies or is used in the
aid o f any person so doing; * * *
S ec. 739 (as amended by chapter 133, Acts o f 1913). * * * I f gllnnortB
i°n f°r
the parent or parents or grandparent or grandparents o f such de- pp
pendent or neglected child are poor and cannot properly care for,
maintain and properly educate such child, but are otherwise
proper guardians and a person or persons o f good reputation and
morals, and shall covenant and agree that such child shall attend
school regularly during all school days, when such child is o f
school age, or until said child shall have completed the eighth
grade o f the public grammar school, or school o f like grades of
studies, or have graduated in bookkeeping and commercial course,
the court may enter an order finding such facts, and fixing the
amount o f money necessary to enable the parent or parents or
grandparent or grandparents to properly care for and educate
such child: Providing, Such amount shall not exceed the amount
it would cost the county to have such child maintained and edu
cated at any county or State home, or place provided for depend
ent or neglected children, in the State o f Nevada, and thereupon
1321
1322
BULLETIN' OF THE BUREAU OF LABOR STATISTICS.
it shall be the duty o f the county board through its county agent,
or otherwise, to pay to such parent or parents, or grandparent or
grandparents, or blood aunt or blood uncle, the amount specified
at such times as said order may designate for the care of such
neglected or dependent child, until the further order of the court,
and the court shall cease to sanction the payment o f the specified
amount whenever it shall appear that such child is not receiving
the benefit it should from the payment o f said specified amount
of money.
Wages as preferred claims— In insolvency of corporations.
Two months’
Section 1187. Whenever any corporation formed under the pro
wages a prior visions 0f this [general corporation] act and prior acts shall beien*
come insolvent or be dissolved in any way, or for any cause, the
employees doing labor or service o f whatever character in the
regular employ of such corporation, shall have a lien upon the
assets thereof for the amount o f wages due to them, not exceed
ing two months’ wages respectively, which shall be paid prior
to any other debt or debts of said corporation; but the word
“ employees ” shall not be construed to include any of the officers
of such corporation.
Voting by employees absent from home.
Method
procedure.
of
S ection 1714. * * * Any registered elector employed in
moving trains, stages, mails or otherwise upon any o f the trans
portation routes in this State may apply to the registry agent
before whom he has been already registered for that electoral
year, at any time prior to the delivery o f the certified copy of
the register to the inspectors o f election, and have his name
taken off the official register and receive from the registry agent
a certificate as above provided. Upon presenting, at any time
not later than one hour prior to the closing o f the polls, to the
inspectors o f election in any precinct on the railroad, stage line
or transportation route on which he is employed, including the
precinct in which he originally registered, the certificate men
tioned above, and his written affidavit, which may be subscribed
and sworn to before any of the inspectors o f election, or any
officer authorized to administer oaths, stating that he was so
suddenly called away or detained by the transportation business
in which he is employed that he did not have time to vote in
the precinct in which he was originally registered, or to re
register under his transfer in that or any other precinct before
the delivery o f the certified copy of the register to the inspectors
o f election, the inspectors o f election shall accept and file the
certificate and affidavit and shall cause the name o f the elector
to be entered upon the certified copy o f the register and the
check list under the designation “ Electors allowed to vote upon
presentation o f certificate and affidavit on election day,” and
shall thereupon allow the elector to vote, the same as if his
name had originally appeared upon the register, or certified copy
thereof, and check list.
Arbitration of labor disputes.
Governor to
Section 1929. Whenever a controversy concerning wages, hours
mediate.
0f iabor> or conditions o f employment shall arise between an em
ployer and his employees, seriously interrupting or threatening
to interrupt the business o f the employer, the governor shill, upon
the request o f either party to the controversy, with all practicable
expedition, put himself in communication with the parties to
such controversy, and shall use his best efforts, by mediation and
conciliation, to amicably settle the same. He may either exercise
such powers o f conciliation himself, or appoint a commission for
such purpose. I f such efforts o f conciliation shall be unsuccessful,
the governor shall at once endeavor to bring about an arbitration
of such controversy in accordance with the provisions o f this act.
LABOR LAWS----NEVADA----REVISED LAWS----1912.
1323
S ec. 1930. Whenever such controversy shall arise between an . Board of aremployer and his employees which cannot be settled by mediationOration,
and conciliation in the manner provided in the preceding section,
such controversy may, with the consent of the parties to the con
troversy, be submitted to the arbitration of a board o f three per
sons who shall be chosen in the manner follow ing: One shall be
named by the employer directly interested; the other by the
labor organization to which the employees directly interested be
long, or if they belong to more than one, such arbitrator shall
be agreed upon and designated by the concurrent action of all
such labor organizations. The two thus chosen shall select the
third commissioner o f arbitration, but in the event of their failure
to name such arbitrator within five days after their first meeting,
the three arbitrators shall be named by the governor. A ma
jority o f said arbitrators shall be competent to make a binding
and valid award under the provisions hereof. The submission
shall be in writing, shall be signed by the employer and by the
labor organization or organizations representing employees, shall
specify the time and place o f meeting of such board of arbitration,
shall state the questions to be decided, and shall contain appro
priate provisions by which the respective parties shall stipulate
as follow s:
First. That the board of arbitration shall commence their herd*- Stipulations,
ings within ten days from the date o f the appointment o f the third
arbitrator, and shall find and file their award within thirty days
from the date o f the appointment o f the third arbitrator; and
that pending the arbitration the status existing immediately prior
to the dispute shall not be changed: Providedy That no employee
shall be compelled to render personal service without his consent.
Second. That the award and the papers and proceedings, includ
ing the testimony relating thereto certified under the hands of
the arbitrators, shall be filed in the clerk’s office o f the district
court for the district wherein the controversy arises or the arbi
tration is entered into, and shall be final and conclusive upon
both parties, unless set aside for error o f law apparent on the
record.
Third. That the respective parties to the award will each faith
fully execute the same, and that the same may be specifically en
forced in equity so fa r as the powers o f a court o f equity per
mit : Provided, That no injunction or other legal process shall be
issued which shall compel the performance by any laborer against
his will o f a contract for personal labor or service.
Fourth. That employees dissatisfied with the award shall not by
reason of such dissatisfaction quit the service o f the employer
before the expiration o f three months from and after the making
of such award without giving thirty days’ notice in writing o f
their intention so to quit. Nor shall the employer dissatisfied with
such award dismiss any employee or employees on account o f such
dissatisfaction before the expiration of three months from and
after the making of such award without giving thirty days’ notice
in writing o f his intention so to discharge.
Fifth. That said award shall continue in force as between the
parties thereto for the period o f one year after the same shall go
into practical operation, and no new arbitration upon the same
subject between the same employer and the same class o f em
ployees shall be had until the expiration o f said one year if the
award is not set aside as provided.
Sec. 1931. The award being filed in the clerk’s office of the dis- Award,
trict court, as hereinbefore provided, shall go into practical oper
ation, and judgment shall be entered thereon accordingly at the
expiration o f ten days from such filing, unless within such ten
days either party shall file exceptions thereto for matter of law
apparent on the record, in which case said award shall go into
practical operation and judgment be entered accordingly when
such exceptions shall have been finally disposed of either by said
district court or on appeal therefrom. At the expiration o f ten
1324
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
days from tlio decision o f the district court upon exception taken
to said award as aforesaid, judgment shall be entered in accord
ance with said decision, unless during said ten days either party
shall appeal therefrom to the supreme court o f the State of
Nevada. In such case only such portion o f the record shall be
transmitted to the supreme court as is necessary to a proper un
derstanding and consideration o f the questions o f law presented by
said exceptions and* to be decided. The determination of said
supreme court upon said questions shall be final, and being certi
fied by the clerk thereof to said district court, judgment pursuant
thereto shall thereupon be entered by said district court. I f ex
ceptions to an award are finally sustained* judgment shall be en
tered setting aside the award, but in such case the parties may
agree upon a judgment to be entered disposing o f the subject mat
ter of the controversy, which judgment when entered shall have
the same force and effect as judgment entered upon award.
r o w e r s of Sec. 1932. For the purposes o f this act the arbitrators herein
board.
provided for, or either o f them, shall have power to administer
oaths and affirmations, sign subpoenas, require the attendance and
testimony o f witnesses, and the production o f such books, papers,
contracts, agreements, and documents material to a just determi
nation of the matters under investigation, as may be ordered by.
the courts; and may invoke the aid o f the said courts to compel
witnesses to attend and testify, and to produce such books, papers,
contracts, agreements and! documents as the courts shall deter
mine to be material and competent evidence.
Agreements
Sec. 1933. Every agreement o f arbitration under this act shall be
to be recorded, acknowledged by the parties before a notary public or clerk of
the district court o f the State, and when so acknowledged a copy
o f the same shall be filed with and recorded by the county recorder
o f the county in which the arbitration is entered into, and a copy
shall also be sent to the governor who shall file the same in the
office o f the secretary o f state, who shall cause a notice in writing
to be served upon the arbitrators, fixing the time and place for a
meeting o f said board, which shall be within fifteen days from the
execution o f said agreement o f arbitration: Provided, however,
That the governor shall decline to call a meeting o f the arbitra
tors under such agreement unless it be shown to his satisfaction
that the employees signing the submission represent or include a
majority o f all the employees in the service o f the same employer
and of the same grade and class, and that an award pursuant to
said submission can justly be regarded as binding upon all such
employees.
Status quo to Sec. 1934. During the pendency o f arbitration under this act it
be maintained, g^aii not be lawful for the employer, party to such arbitration, to
discharge the employees, parties thereto, except for inefficiency,
violation o f law, or neglect o f d u ty ; nor for the organization rep
resenting such employees to order, nor for the employees to unite
in, aid or abet, strikes against said employer; nor, during a period
of three months after an award under such an arbitration, for
such employer to discharge any such employees, except for the
causes aforesaid, without giving thirty days’ written notice o f an
intent so to discharge; nor for any o f such employees, during a
like period, to quit the service o f said employer without just cause,
without giving to said employer thirty days’ written notice o f an
intent so to d o; nor for such organization representing such em
ployees to order, counsel, or advise otherwise. Any violation of
this section shall subject the offending party to liability for dam
ages : Provided, That nothing herein contained shall be construed
to prevent any employer, party to such arbitration, from reduc
ing the number o f its or his employees whenever in its or his
judgment business necessities require such a reduction.
Expenses.
Sec. 1935. The agreement o f arbitration shall provide for the
compensation o f arbitrators, and their traveling and other neces
sary expenses.
LABOR LAWS----NEVADA----REVISED LAWS----1912,
1 32 5
Employment c f labor—False representations.
S e c t i o n 1936. It shall be unlawful for any person, persons, comF a lse reprepany, corporation, society, association or organization o f any kind |iSden.°nS f°r’
doing business in tliis State, by himself, itself, 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 o f any class or calling into this State to work
in any o f the departments of labor in this State, through 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 o f the compensation to be paid
for such work, or the sanitary or other conditions o f their employ
ment, or as to the existence or nonexistence o f a strike, or other
trouble pending between employer and employees at the time of
or prior to such engagement, proposal or contract for such employ
ment of workmen.
Sec. 1937. Any person, persons, company, corporation, society, Violations,
association or organization o f any kind doing business in this
State, as well as his, their, or its agents, attorneys, servants or
associates found guilty o f violating section one ( 1 ) of this act
[secs. 1936-1938], or any part thereof, shall be fined in a sum not
less than two hundred dollars ($ 200), nor more than two thousand
dollars ($ 2 ,000), or confined in the county jail for a period of not
less than sixty days nor more than one year, or when the defend
ant or defendants is or are a natural person or persons, by both
such fine and imprisonment.
S e c . 1938. Any workman o f this State or any workman of anDamages,
other State who has been or shall be influenced, induced or per
suaded to engage with any person mentioned in section one ( 1 ) o f
this act [secs. 1936-1938], or any company, corporation, or society
or organization mentioned in section one ( 1 ) o f this act [secs.
1936-1938], through or by means o f any of the things therein pro
hibited, after this act becomes in force and effect, and each of
such workmen shall have a cause o f action for recovery and may
recover at law, for all damages that each o f such workmen shall
have sustained in consequence o f the false or deceptive representa
tions, false advertising or false pretenses, used to induce him to
change his place o f employment, or place o f abode in case such
workman shall not be then employed at the time of such induce
ment and hiring, against any person or persons, corporations, com
panies or associations, directly or indirectly causing such damages;
and in any action under this act [secs. 1.936-1938], for the recovery
of such damages, the court shall have the power to award a
reasonable attorney’s fee in favor of the prevailing party and to
be taxed as costs against the losing party therein.
Payment of ivages in scrip.
1939. No person or corporation engaged in any business
Orders, etc.,
or enterprise of any kind in this State shall issue, in payment, or
as evidence of, any indebtedness for wages due an employee,
any order, check, memorandum, or other acknowledgment o f in
debtedness unless the same is a negotiable instrument payable
without discount, in cash on demand, at some bank or other
established place o f business: Provided, however, That nothing
herein contained shall in any way limit or interfere with the right
o f any such employee, by agreement, to accept from any such per
son or corporation, as an evidence or acknowledgment of indebt
edness for wages due him, a negotiable instrument, payable at
some future date with interest.
* S e c . 1940. Any violation o f this act [secs. 1939-1940] shall be a
misdemeanor or [and] punishable by a fine of not exceeding $500.
be negoti-
S e c t io n
Hours of labor at mines— Surface employees.
S e c t i o n 1941. The number o f hours o f work or labor o f mechanics, engineers, blacksmiths, carpenters, top men, and all work
Eight- hour
y*
1326
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Violations.
ing men employed or working on or about the surface or surface
workings o f any underground mine workings, shall not exceed
eight ( 8 ) hours in any period of twenty-four (24) hours, except
in cases o f emergency where life or property is in imminent
danger.
Sec. 1942. Any person who violates any of the provisions of this
act, or any person, corporation, employer or agent who hires, con
tracts with, or in any manner causes or induces any person to
work or labor on or about the surface or surface workings of any
underground mine workings for more than eight hours in any
period of twenty-four hours, except in cases of emergency where
life or property is in imminent danger, shall be guilty of a mis
demeanor and upon conviction thereof shall be punished by a fine
of not less than one hundred dollars nor more than five hundred
dollars, or by imprisonment in the county jail for not longer than
six months, or by both such fine and imprisonment.
Forced contributions from employees.
Fees not to
Section 1943. It is hereby made unlawful for any person or
be
collected,
persons, contractor or contractors, firm, company, corporation,
when.
or association, or the managing agent of any person or persons,
contractor or contractors, firm, company, corporation, or asso
ciation, to collect, demand, force, compel, or require, either
monthly, annually, or for any other period o f time, any sum of
money for hospital fees from any person or laborer at any place
in this State where no convenient, comfortable, and well-equipped
hospital is maintained at some town or place for the accommo
dation, relief and treatment of persons in his or their employ,
Proviso.
and from whom hospital fees are collected: Provided, That any
person or persons, contractor or contractors, firm, company,
corporation, or association, or the managing agent o f same, may
care for or cause to be cared for, any person in his or their em
ploy, from whom hospital fees are collected, at any private or
public hospital, sanitarium, or other convenient and comfortable
place, without expense to the person or patient from whom hos
pital fees are collected: And provided further, The distance and
facilities for the comfort and conveyance o f any patient come
within the intent and meaning o f section two o f this act [sec.
1944].
Definitions.
Sec. 1944. For the purpose of this act [secs. 1943-1945], the
words “ town or place,” mentioned in section one o f this act
[sec. 1943], shall be construed to mean any town, headquarters,
or place, at which town, headquarters, or place, and tributary
places, sufficient hospital fees are collected to maintain a hos
pital in keeping with the hospital fees collected, and the words
“ distance and facilities for the comfort and conveyance o f any
patient,” mentioned in section one o f this act [sec. 1943], shall
be construed to mean the nearest hospital, and most comfortable
means o f conveyance at hand, or that can be procured in a
reasonable tim e: Provided, That if at the nearest hospital the
proper medical treatment can not be secured, then it shall not
be a misdemeanor to take any person or patient a greater dis
tance or to another hospital:
Violation.
Sec. 1945. Any person or persons violating the provisions of
this act [secs. 1943-1945], shall, upon conviction thereof, be
fined in any sum not less than two hundred dollars nor more
than five hundred dollars, or by imprisonment in the county
jail for a period of not less than one hundred days nor more
than two hundred and fifty days, or by both such fine and im
prisonment.
Employment o f children— School attendance.
Attendance
Section 3443. Each parent, guardian, or other person, in the
squired.
state o f Nevada, having control or charge o f any child between
the ages o f eight and sixteen years shall be required to send such
LABOR LAWS----NEVADA— REVISED LAWS----1912.
1327
child to a public school during the time in which a public school
shall be in session in the school district in which said child re
sides; but such attendance shall be excused: * * *
4. When satisfactory evidence is presented to the board o f Exception,
trustees that the child’s labor is necessary for its own or its
parent’s support; * * *
S ec. 3449. Any person who induces or attempts to induce any Empl oyi ng
child to be absent unlawfully from school, or who knowingly children u n employs or harbors while school is in session any child absent g|Jtfu lly ab'
unlawfully from school, shall be deemed guilty o f a misdemeanor,
and on conviction shall be punished by a fine o f not more than
fifty dollars or by imprisonment o f not more than twenty-five
days, or by both such fine and imprisonment. The attendance
officer or any other school officer is hereby empowered to visit
any place or establishment where minor children are employed
to ascertain whether the provisions o f this law [Chapter 16,
Public School Laws] are duly complied with, and may demand
from all employers o f such children a list o f children employed,
with their names and ages.
Employment of labor on public works.
Section 3481. On all public works carried on in the erection o f M i n i m u m
public buildings by or for the State o f Nevada, or by any indiof three
vidual, firm, company or corporation under contract with the 0 1 ‘
State of Nevada, unskilled labor shall be paid for at a rate of
not less than three ($3) dollars per eight-hour day for each male
person over the age o f eighteen years who shall be employed at
such labor.
S ec. 3482. Any person or persons, firm or corporation conduct- Violations,
ing or carrying on any public work, as specified in section 1 of
this act [sec. 3481], that shall violate the provisions of this act,
upon conviction o f such violation in a court o f competent jurisdic
tion, shall be fined the sum o f fifty ($50) dollars for each man
employed at such labor for less than three ($3) dollars per eighthour day.
S ec. 3483. * * * No Chinaman or Mongolian shall be em- Chinese n o t
ployed, directly or indirectly, in any capacity, on any public£°nbe p“ P
b°fic
works, or in or about any buildings or institutions, or grounds, works;
under the control o f this State.
Sec. 3484. Hereafter no right o f way or charter, or other privi- Or hy certain
leges for the construction of any public works by any railroad or corP°rations.
other corporation or association shall be granted to such corpora
tion or association, except upon the express condition that no
Mongolian or Chinese shall be employed on or about the construc
tion o f such work in any capacity.
Sec. 3485. Any violation of the conditions of this act [secs.
Forfeiture.
3483-3485J shall work a forfeiture o f all rights, privileges, and
franchise granted to such corporation or association.
Intoxication of railroad employees.
Section 3564. I f any person, while in charge of a locomotive
Intoxication
engine running upon any railroad for such company, or while act- ^ C engineers’
t
ing as a conductor o f a car, or train o f cars, on any such railroad,
be intoxicated, he shall be guilty of a misdemeanor, and, on con
viction thereof, shall be fined in any sum not exceeding one thou
sand dollars, or imprisonment in the county jail not exceeding six
months.
Liability o f employers for poll tax of employees.
S ection 3718. * * * Any person or persons, company or
Employers to
corporation, doing business within this State, and having by employees?* °
direct contract, or indirectly through other contractors, in their
employ one or more persons liable to and owing a poll tax in this
State, shall be liable for any and all poll taxes that may be due
1328
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
D e d u c tion
fro m w ages.
f rom such employees, and may deduct the amount from any sums
or
afterwards may become due to such employees,
whether such wages are payable directly to such employees or to
other persons who furnish such employees under contract to such
person or persons, company or corporation; * * *
Private employment offices—License fees.
reouired6 * eG S e c t i o n 3727. The sheriff in the several counties of this State
q
shall be ex officio collector o f licenses, as provided in this act
[sec. 3727]. There shall be levied and collected1 the following
licenses:
*
*
*
*
*
*
*
Fourth.— For each keeper o f an intelligence office, fifteen ($15)
dollars per quarter year. * * *
Leave o f absence for employees in public service.
p a y 0aVe w i * h
S e c t i o n 4109. Each and every State employee who has been in
the service o f the State for six months or more, in whatever
capacity, shall be allowed, in each calendar year, a leave of ab
sence of fifteen days, with full pay, providing the head o f each
department shall fix the date o f such leave o f absence.
Mine regulations.
.Office e r e S e c t i o n 4198. The office o f inspector o f mines for the State of
ated*
Nevada is hereby created.
Compensa- Sec. 4199. The inspector o f mines shall receive as full compenetcn*
nation for his services a salary o f thirty-six hundred dollars
($3,600) per annum and his necessary traveling expenses when
traveling in the discharge o f his official duties, not to exceed eight
een hundred ($1,800) dollars per annum, and all necessary ex
penses for clerk hire, postage, stationery, printing and other office
expenses, not to exceed twelve hundred ($1,200) dollars per an
num; and such compensation and expenses shall be paid as the
salary and expenses o f other State officers are paid. He shall
hold his office for the term o f two years, or until his successor is
selected and qualified. Before entering upon the discharge o f his
duties, as such inspector o f mines, he shall file an official bond
in the sum o f ten thousand ($10,000) dollars, conditioned for the
faithful performance o f the duties o f his office, in form and man
ner as other official bonds o f State officers.
Conflicting Sec. 4200. The inspector o f mines shall not at the time o f his
in terests.
appointment, or at any time during the term o f his office, be an
officer, director or employee in or o f any mining corporation in
this State, or in or o f any mining corporation in the State engaged
in the business o f smelting or reducing ores, and each inspector
and deputies shall, and each of them, have had at least seven
years’ actual experience in underground workings, and shall make
his affidavit before a proper officer to that effect before he shall
be qualified to act as such inspector, or deputy inspector, as herein
provided. And such inspector shall devote his whole time to the
duties of his office, and shall take and subscribe to the following
oa th :
State o f Nevada, County o f --------- , ss.
Oath.
I , --------- , o f --------- County, do solemnly swear that I will per
form each and every duty required o f me as inspector o f mines
for the State o f Nevada; that I will at aU times while acting in
my official capacity fulfill the duties o f such office according to
the law and to the best of my skill and understanding; that I will
never at any time while holding the office o f inspector o f mines
disclose to anyone, directly or indirectly, under any circumstances
any information relative to ore bodies, shoots or deposits o f ore or
the location, course or character o f underground workings, or give
my opinion founded on any examination made in the performance
LABOR LAWS----NEVADA— REVISED LAWS----1912.
1329
o f my official duties relative to the value of any mine or mining
property, unless by permission o f the person or persons in charge
o f the same. To all o f which I pledge my sacred honor. So help
me God.
Nothing in said oath, however, shall be construed to prevent
such mining inspector from making full and complete statistical
reports as required by law.
S ec. 4201. It shall be the duty o f the inspector o f mines at least Inspections,
once a year, to visit in person each mining county in the State
of Nevada and examine all such mines therein as, in his judgment,
may require the examination for the purpose o f determining the
condition o f such mines as to safety, and to collect information
and statistics relative to mines and mining and the mineral re
sources of the State, and to collect, arrange and classify mineral
and geological specimens found in this State and to forward the
same to the State school o f mines, and it shall be the duty o f the
inspector o f mines to establish a uniform code o f signals.
Sec. 4202. Said State inspector of mines shall have full power
A c c e s s t©
and authority at all hours, to enter and examine any and a llm*nesmines in this State, and shall have the right to enter into any and
all mine stopes, levels, winzes, tunnels, shafts, drifts, crosscuts,
working and machinery for the purpose of such examination; and
the owner, lessor, lessee, agent, manager or other person in charge
o f such mine or mines shall render the inspector such assistance
as may be required by the inspector to enable him to make full,
thorough and complete examination o f each and every part of
such mine or mines, and whenever as the result o f the examina
tion of any mine (whether such examination is made in conse
quence o f a complaint, as hereinafter provided, or otherwise) the
inspector shall find the same to be in an unsafe condition, he shall
at once serve or cause to be served, a written notice upon the Notice of de
owner, lessor, lessee, agent, manager, or other person in chargefectso f such mine, stating in detail in what particular the mine is
dangerous or insecure, and shall require all necessary changes to
be made, without delay, for the purpose o f making said mine safe
for the employees therein, and in the case o f any criminal or civil
proceedings at law against the party or parties so notified, on
account of the loss o f life or bodily injury sustained by an em
ployee subsequent to the service of such notice, and in conse
quence o f a neglect or refusal to obey the inspector’s requirements,
a certified copy served by the inspector shall be prima facie evi
dence o f the culpable negligence o f the party or parties so notified.
Sec. 4203. The inspector o f mines shall be provided with a
Records,
properly furnished office at the statehouse in Carson City, Nevada,
in which he shall carefully keep a complete record o f all mines
examined, showing the date o f examination, the conditions in
which the mines were found, the manner and method o f working,
the extent to which the laws are obeyed, and what recommenda
tions, i f any, were ordered by the inspector. It is hereby made
the duty o f the owner, lessor, lessee, agent, manager or other per
son in charge o f each and every mine, o f whatever kind or char
acter, within the State, to forward to the inspector o f mines at
his office, not later than the first day of June in each year, a Reports of
detailed report showing the character of the mine, the number operators,
of men then employed and the estimated maximum number o f
men to be employed therein during the ensuing year, the method
of working such mine and the general condition thereof, and such
owner, lessor, lessee, agent, manager or other person in charge of
any mine within the State must furnish whatever information
relative to such mine as the inspector o f mines may from time to
time require for his guidance in the proper discharge o f his
official duties.
S ec. 4204. Whenever the inspector o f mines shall receive a for- Complaints,
mal complaint in writing, signed by one or more persons, setting
forth that the mine in which he is employed is dangerous in any
respect, he shall, in person, visit and examine such mine: ProEvery such formal complaint shall in all cases specifically
vided,
http://fraser.stlouisfed.org/
39387°—Bull.. 148, pt 2—14------8
Federal Reserve Bank of St. Louis
1330
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
set fortli tlie nature of tlie danger existing at tlie mine, and shall
describe with as much certainty as possible the conditions ren
dering such mine dangerous, and shall set forth the time when
such danger was first observed, and shall distinctly set forth
whether or not any notice of such defect or danger has been
given by the complainants or any one else to their knowledge to
the superintendent or other person in charge of such mine, and
if no such complaint has been made to such superintendent or
other person in charge, the reason why it has not been made.
After such complaint shall have been received by the inspector of
mines, it shall be the duty of such inspector to serve a certified
copy thereof, upon the owner, lessor, lessee, agent, manager, or
other person in charge, and, as soon as possible, after receiving
such complaint, to visit and examine such mine; and if from such
examination he shall find such complaint to be just, he shall give
notice in writing of the danger existing, to the owner, lessor,
lessee, agent, manager, or other person in charge thereof, and in
such notice may, in his discretion, order such mine or working;}
in which danger exists, closed until danger has been removed.
The names o f the complainants complaining as in this section pro
vided, shall not, under any circumstances, be divulged to any
person by said inspector except such action be necessary in the
administration o f justice in the courts o f the State.
Prosecutions.
gEa 4205 . It shall be the duty o f the inspector of mines upon the
neglect or refusal o f any owner, lessor, lessee, agent, manager, or
other person in charge o f any mine or working, notified o f the
unsafe or dangerous condition of his mine, promptly to comply
with the requirements o f the notice served upon him, to at once
notify the attorney general o f such neglect or refusal, and the
attorney general or the district attorney o f the county in which
said mine is situated, at the instigation of the attorney general,
must thereupon immediately commence action in the name o f the
State against the party so notified for the enforcement of the
penalty mentioned in section 5 [sec. 4 2 0 2 ] , in any court o f com
petent jurisdiction. And it shall be the duty o f the inspector of
mines upon the neglect or refusal o f any owner, lessor, lessee,
agent, manager, or other person in charge of any mine or working,
notified of the unsafe or dangerous condition o f his mine, promptly
to comply with the requirements o f the notice served upon him, to
at once notify the attorney general of such neglect or refusal, and
the attorney general must thereupon immediately commence ac
tion in the name of the State against the party so notified for the
recovery of the penalty mentioned in section 5 [sec. 4 2 0 2 ] , in any
court of competent jurisdiction, and the amount so recovered shall
be paid into the general school fund o f the State and constitute
a part thereof.
Deputy.
Sec. 4 2 0 6 . The inspector o f mines shall appoint a deputy inspector
who shall receive a salary not to exceed two hundred dollars per
month as full compensation for all services, and traveling ex
penses while in the discharge o f his duty.
Accidents to
Sec. 4 2 0 7 . Whenever a serious or fatal accident shall occur in
be reported.
anjr mine in the State of Nevada, it shall be the duty o f the owner,
lessor, lessee, agent, manager or other person in charge thereof
immediately and by the quickest means, to notify the inspector of
mines, or his deputy, as may be most convenient, o f such accident;
and the inspector or his deputy, or both, shall at once repair to
the place of accident and investigate fully the cause of such acci
dent; and the inspector, or his deputy, shall be present at any
coroner’s inquest held over the remains of any person or persons
killed in any such accident, and shall have power at such inquest
to examine and cross-examine witnesses, and may have process
to compel the attendance of necessary witnesses at such inquest.
I f the inspector or deputy inspector can not be immediately present
in case of a fatal or serious accident occurring, it shall be the
duty of the owner, lessor, lessee, agent, manager, or person in
charge of the mine in which such accident has occurred, to have
statements made and verified by those witnessing such accident;
LABOR LAWS----NEVADA----REVISED LAWS----1912.
1331
in case of no persons being present at the time o f the accident,
then the statement of those first present thereafter shall be taken,
which statement shall be verified, and such verified statements
shall be placed in the hands o f the inspector, or deputy inspector,
upon the demand of such officer. Whenever any deputy inspector
is present at any coroner’s inquest and assists in the examination,
he shall, at the conclusion thereof, at once prepare and forward
to the inspector a full and detailed report o f the accident, giving
all information obtainable regarding the same.
Sec. 4 2 0 8 . The inspector o f mines shall, on the first Monday of
Annual r e December o f each year, file with the governor o f the State a ports,
printed report giving:
First.—A list of all accidents that have occurred during the
year, the nature and cause o f the same, together with the persons
killed and injured.
Second.— The number o f mines visited or examined during the
year, the number o f mines in operation, and the number of mines
idle, the number o f men employed, the wages paid and the nation
ality of the employees.
Third.— The name and location o f each mine in the State which
has been examined and from which the inspector has received a
report as provided in section six o f this act [sec. 4 2 0 3 ] , and all
data possible in regard to the manner of working the same,
whether by shaft, tunnel, incline, or otherwise; the condition o f
the hoisting machinery, boilers, whims, engines, cars, buckets,
ropes and chains used in the mines; also the appliances used for
the extinguishing o f fires; the manner and method of working and
timbering the shafts, drifts, inclines, stopes, winzes, tunnels and
upraises through which persons pass to and fro while engaged in
their daily labor; the character o f the exits from the mine, and
the methods of ventilation and the system o f signals used’ in the
mine.
Fourth.— The number and character o f notices served, together
with suggestions and recommendations made; the manner in
which such suggestions and recommendations were complied with.
Fifth.— The number o f complaints received and the actions
therein.
Sixth.— The number o f prosecutions for neglect or refusal to
comply with notices.
Seventh.—A summary o f the reports received from mine owners
and deputy inspector.
Eighth.—A full statement containing all available statistical
and other information calculated to exhibit the mineral resources
o f the State and to promote the development of the same.
Ninth.— Generally, such other information and suggestions as
may be deemed advisable.
Sec. 4 2 0 9 . This act [mining law, sec. 4 1 9 8 -4 2 3 8 ] shall not ap- Exemptions,
ply to any mine which is worked exclusively by the owners, or
lessees of the owners, and where no men are employed working in
said mine for wages.
Sec. 4 2 1 1 . No blasting powder or any high explosive contain- storage o f
ing nitroglycerine shall be stored in any m ine: Provided, That explosives,
nothing in this section shall be construed to prevent the operator
of any mine from keeping sufficient blasting powder or other high
explosive within such mine to meet the estimated requirements o f
such mine during the succeeding twenty-four hours: And provided
f urther, That such temporary supply shall not be kept in any place
within such mine, where its accidental discharge would cut off the
escape o f miners working therein. All blasting powder, or other
high explosives, in excess o f the temporary supply required in
such mine shall be stored in a magazine not less than three hun
dred feet distant from any shaft, adit, habitation, public highway
or public railway.
Sec. 4 2 1 2 . Companies shall at all times furnish the miners with T a m p i n g
wooden tamping bars to be used in loading or charging holes, and bars,
any one using a steel or metal tamping bar shall be guilty of a
misdemeanor, and upon conviction in a competent court shall be
1332
B U L L E T IN OF T H E BU REA U OF LABOR STATISTICS.
fined not less than five dollars nor more than fifty dollars for each
and every offense.
Timber to be Sec. 4213. All timber removed shall, as soon as practicable, be
removed.
taken from the mine and shall not be piled up and permitted to
decay underground.
indicators.
Sec. 4214. All hoisting machinery using steam, electricity, gaso
line or hydraulic motive power, for the purpose of hoisting or lower
ing into metalliferous mines, employees and material, shall be
equipped with ah indicator to be placed in plain view o f engineer.
R i d i n g on
S ec. 4215. All persons shall be prohibited from riding upon the
cages, etc.
cage, skip or bucket loaded with tools, timber, powder or other
material, except for the purpose of assisting in passing same
through shaft or incline, and then only on special signal.
Ladders.
Sec. 4216. All shafts shall be equipped with ladders, and shafts
more than 200 feet in depth inclined more than 45 degrees from the
horizontal equipped with hoisting machinery shall be divided into
at least two compartments; one compartment to be partitioned off
and set aside for a ladderway. The ladders shall be sufficiently
strong for the purpose demanded and landings shall be constructed
not more than thirty feet apart; said landing to be closely covered
except an opening large enough to permit the passage o f a man.
A landing shall be constructed in manway at all working levels.
Ladders in upraises and winzes shall be provided and kept in
repair, but where winzes or raises connecting levels are used
only for ventilation and exit, only one such on each level need be
equipped.
Exits.
Sec. 4217. In every mine within this State, if more than 200 feet
in depth, where a single shaft affords the only means of egress to
persons employed underground and the ladderway compartment
is covered by a nonfireproof building, it shall be the duty o f the
operator o f said mine to cause said ladderway to be securely bulklieaded or a trapdoor placed over same at a point at least twentyfive feet below the collar o f the shaft, and if a trapdoor is used
it must be kept closed or so arranged that it can be closed from a
point outside o f the building by the releasing o f a rope, and be
low this bulkhead or trapdoor, if the shaft is situated upon a
side hill, a drift shall be driven to the surface, and if the shaft
containing said ladderway may be otherwise situated, this drift
shall be driven on a level to a safe distance, but in no case less
than thirty feet beyond the walls o f the building covering the main
shaft and from such a point a raise shall be made to the surface.
The said raise shall be equipped with a ladderway, and it, to
gether with the drift connecting with the main shaft, shall be kept
in good repair and shall afford an easy exit in the event o f fire.
Signboards.
gE # 4218. Whenever the exit or outlet from a mine is not in a
C
direct or continuous course signboards plainly marked showing
the direction to be taken must be placed at each departure from
the continuous course.
Gasoline.
Sec. 4219 (as amended by chapter 224, Acts o f 1913). Use of
gasoline underground is forbidden, except as follow s; Gas engines
of not more than eight horsepower may be operated not more than
one hundred feet below the surface, providing said engine ex
hausts into a pipe which extends to the surface; or to a depth
of two hundred fifty feet below the surface: Providing, The ex
haust from said engines is attached to a pipe through which air
is drawn by means o f a suction fan, or otherwise, to the surface.
All engines and their method o f installation as provided in this
section shall be subject to the approval of the inspector o f mines
of the State of Nevada.
Sinking
Sec. 4220. Employees engaged in sinking shaft or incline shall
shafts.
aj. an times be provided with chain or other kind o f ladder so
arranged as to insure safe means o f exit.
Guardrails.
Sec. 4221. At all shaft stations a guardrail or rails shall be
provided and kept in place across the shaft, in front o f the level,
so arranged that it will prevent persons from walking, falling or
pushing a car or other conveyance into the shaft. All winzes and
LABOR LAWS----NEVADA----REVISED LAWS----1912.
1333
all mill holes shall be covered or surrounded with guardrails to
prevent persons from stepping or falling into the same.
S ec. 4222. The cage or cages in all shafts over 350 feet in depth
Cages,
shall be provided with sheet iron or steel casing, not less than £
inch thick, or with a netting composed o f wire not less than |
inch in diameter and with doors made o f the same material as
the side casing, either hung on hinges or working in slides. These
doors shall extend at least four feet above the bottom of the cage
and must be closed when lowering or hoisting men, except timbermen riding on the cage to attend to timbers that are being low
ered or hoisted: Provided, That when such cage is used for sink
ing only, it need not be equipped with such doors as are herein
before provided for. Every cage must have overhead bars o f
such arrangement as to give every man on the cage an easy and
secure handhold.
Sec. 4223. A pillar of ground shall be left standing on each side P illa rs at
o f the shaft o f sufficient dimensions to protect and secure the same,shaftsand in no case shall stoping be permitted up to or within such
close proximity to the shaft as to render the same insecure, until
such time as the shaft is to be abandoned and the pillar with
drawn.
Sec. 4224. It shall be unlawful for the operator o f any mine S u r f a c e
within this State to erect any structure over the shaft o f any mine, structures,
except head frames necessary for hoisting from such shaft or out
let, and the hatch or door necessary for closing such shaft or out
let: Provided, however, It shall be lawful to erect a housing o f
noninflammable and fireproof material over such shaft or adit to
protect the men working at such point. In the case of existing
houses covering the mouths o f shafts or adits, it shall be the duty
of the superintendent of the mine to cause the immediate re
moval o f all inflammable material stored therein and it shall be
the further duty o f such superintendent to prohibit the storage
of any inflammable material thirty feet from the exterior walls
of any housing hereinafter built.
Sec. 4225. It shall be the duty of every operator to provide Doors in tunevery tunnel or adit level, the mouth of which is covered by a nels>etc*
house or building o f any kind, with a door near the mouth o f the
same, that can be closed from the outside o f the building by a pull
wire or cable in the event o f fire; inside o f door a raise shall be
run to connect with surface, thus affording a means o f exit in
case of fire.
S ec. 4226. It shall be unlawful to use in any mine, any rope or
Rcpes an d
cable for hoisting or lowering either men or material when such cableshoisting or lowering is done by any means other than human or
animal power, unless such rope or cable shall be composed of
iron or steel wires, with a factor o f safety determined as herein
after set forth: Provided, That such iron or steel wires may bo
laid around a hemp center.
The factor o f safety o f all ropes or cables shall in no case be
less than five, and shall be calculated by dividing the breaking
strength of the rope as given in the manufacturer’s published
tables, by the sum o f the maximum load to be hoisted, plus the
total weight o f the rope in the shaft when fully let out, plus 10
per cent of such values, to take account o f shock at starting and
stopping.
Sec. 4227. It shall be unlawful to use any rope or cable for the
Same,
raising or lowering o f men, either when the number of breaks in
any running foot of said rope exceeds 10 per cent o f the total
number of wires composing the rope, or when the wires on the
crown o f the strands are worn down to less than one-half their
original diameter, or when it shows marked signs of corrosion.
S ec. 4228. All boilers used for generating steam in and about Boilers,
mines shall be kept in good order and the owner, operator or
superintendent shall have them examined and inspected by a
qualified person as often as once in six months, and oftener if the
inspector or his deputy shall deem it necessary. The result of
1334
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
such examination shall be certified in writing to the inspector
within thirty (30) days thereafter.
R e p a irin g Sec. 4229. No hoisting shall be done in any compartment of a
shafts.
shaft while repairs are being made in that compartment except
ing such hoisting as is necessary in order to make such repairs.
Place of pay- Sec. 4230. Wages shall not be paid on any premises used for the
ment of wages, sale of intoxicating liquors.
Ventilation.
Sec. 4231. The operator of every mine, whether operated by
shaft, stope or drift, shall provide and maintain for every such
mine a good and sufficient amount of ventilation for such men and
animals as may be employed therein and shall cause an adequate
amount o f pure air to circulate through and into all shafts,
winzes, levels and all working places of such mine.
Working
Sec. 4232. No man [shall] be allowed to work in a stope at such
alone.
a distance from another that his cries, in case o f need, cannot be
heard.
Engineer to
S ec. 4233. At all times when men are in a mine, worked
be on duty.
through a shaft, equipped with hoisting machinery, an engineer
shall be kept on duty to answer signals.
R i d i n g on S ec. 4234. It shall be unlawful for any person to ride upon the
bail or cable, ^ail or cable o f a hoisting bucket, cage or skip.
Number o f Sec. 4235. Notice o f the maximum number o f men permitted to
befhoisted may ride uP°n or in the caSe» skip or bucket, at one time, shall be
posted at the collar o f the shaft and each level. All men or em
ployees riding upon or in an overloaded cage, skip or bucket as
provided in notice so posted, shall be guilty o f a misdemeanor,
and upon conviction in a competent court, shall be fined not less
than five dollars nor more than fifty dollars for each and every
offense.
Signals.
Sec. 4236. At all mines where hoisting apparatus is used in the
State of Nevada, the following code o f bell signals shall here
after be adopted and used:
1 Bell— H oist; 1 Bell— Stop (if in motion).
2 Bells—Lower.
3 Bells—Men on, run slow.
When men are to be hoisted or lowered, give the signal for
“ men on, run slo w ” (3 bells). Men must then get on cage or
bucket, then give the signal to hoist or lower (1 or 2 bells).
4 Bells— Blasting signal; engineer must answer by raising
bucket a few feet and letting it back slowly; then 1 bell— hoist
men away from blast.
9 bells—Danger signal (in case o f fire or other danger) then
ring number o f station where danger exists; engineer must slow
up when passing stations when men are on the cage.
STATION BELLS
2
2
2
2
2
3
3
3
3
4
4
4
4
4
5
Bells,
Bells,
Bells,
Bells,
Bells,
Bells,
Bells,
Bells,
Bells,
Bells,
Bells,
Bells,
Bells,
Bells,
Bells,
Pause,
Pause,
Pause,
Pause,
Pause,
Pause,
Pause,
Pause,
Pause,
Pause,
Pause,
Pause,
Pause,
Pause,
Pause,
1 Bell,
2 Bells,
3 Bells,
4 Bells,
5 Bells,
2 Bells,
3 Bells,
4 Bells,
5 Bells,
1 Bell,
2 Bells,
3 Bells,
4 Bells,
5 Bells,
1 Bell,
Station
Station
Station
Station
Station
Station
Station
Station
Station
Station
Station
Station
Station
Station
Station
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
Where electric bells are used in connection with other bells:
I f cage is wanted, ring station signal. Station tender will
answer 1 Bell.
Reply 1 Bell to go up.
LABOR LAWS----NEVADA---- REVISED LAWS----1912.
1335
Reply 2 Bells to go below.
If station is full o f ore and station tender is wanted, ring sta
tion signal and do not answer back.
2—1—2 Bells are rung, engineer or station tender does not
understand, repeat signal.
In case o f danger or accident, ring station signal, station tender
will reply 1 B ell; ring 9 Bells.
Signals not in conflict with the above code may be used to meet
local conditions, but the same must be posted in connection with
the above code.
One copy o f this code should be posted on the gallows frame,
one before the engineer, and one at each station.
Sec. 4287. At every mine in this State employing forty or more Smoke hel men underground, there shall be kept on hand at all times in lets,
good working condition at least two smoke helmets of a design
to be approved by the State mining inspector, and which helmets
shall at all times be subject to his inspection. For every addi
tional fifty men so employed an additional smoke helmet shall be
provided.
Sec. 4238. Any owner, agent, manager or lessee, whether indi- Violations,
vidual partnership or corporation operating a mine in this State
who fails to comply with the provisions herein set forth, or either
or any thereof, shall be deemed guilty o f a misdemeanor and
when not otherwise provided shall be liable to a fine o f not less
than one hundred ($100) dollars nor more than five hundred
($500) dollars, or by imprisonment in the county jail for a
period o f not less than thirty (30) days nor more than six (6)
months, or by both such fine and imprisonment. For each pro
vision not complied with and each day after conviction of failure
to comply with any provision thereof shall be deemed a separate
offense and punished accordingly.
Sec. 4239. The term of office o f inspector o f mines for the State
Term of ofof Nevada, that would expire on the first Monday o f January, fice*
1913, is hereby extended to the first Monday of January, 1915,
and said officer [shall] be elected every four years thereafter, as
are other officers of the executive department o f the State.
Union labels to be used on public printing.
Section 4309. * * * The State printer shall cause to be Public printaffixed to all public printing the union label recognized by the ins to, ^ e a r
organization known as the International Typographical Union.
on
*
Accidents to be reported.
Section 4541. Every public utility shall, whenever an accident
who to make
occurs in the conduct o f its operations, causing death or personal reports,
injuries, give immediate notice thereof to the commission. I f in . In v estig a its judgment the public interest requires it, the commission sh alltions*
cause an investigation to be made forthwith, at such place and in
such manner as the commission shall deem it best.
Railroads— Safety appliances—Accidents.
S ection 4555. * * * The [railroad] commission shall also have
Commission
full power to investigate the physical condition o f all railroad propre3 u 1r e
erty, and, in the interest o f safety or service, shall have power to sa gua
determine and order repairs, reinforcements or reconstruction of
property, including buildings, tracks, and equipment; also the
power to determine and order the use o f safety appliances in the
interest o f employees and the traveling public, such as crossing
gates, flagmen, bells, devices, etc., interlocking plants at railway
crossings and all other modern safety devices. * * *
Sec. 4578. Every railroad shall, whenever an accident attendant
Accidents to
with loss o f human life occurs within this State, upon its lin ebe reported*
of road or on its depot grounds or yards, give immediate notice
thereof
to the [railroad] commission. In the event of any such
1336
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
accident, the commission, if it deem the public interest requires
it, shall cause an investigation to be made forthwith, which in
vestigation shall be held in the locality o f the accident, unless,
for greater convenience o f those concerned, it shall order such
investigation to be held at some other place, and said investigation
may be adjourned from place to place as may be found necessary
and convenient. The commission shall seasonably notify an offi
cer or station agent o f the company o f the time and place o f the
investigation. The cost o f such investigation shall be certified by
the chairman o f the commission, and the same shall be audited
and paid by the State in the same manner as other expenses are
audited and paid and a record or file o f said proceedings and evi
dence shall be kept by said commission.
Exemption of wages from execution.
Thirty days’
Section 5288. The following property is exempt from execution,
emptiDgS €X*except as herein otherwise specially provided:
*
*
*
*
*
*
*
8. The earnings o f the judgment debtor for his personal services
rendered at any time within thirty days next preceding the levy
of execution or attachment, when it appears, by the debtor’s affi
davit or otherwise, that such earnings are necessary for the use
of his family, residing in this State, supported in whole or in
part by his la b or; but where debts are incurred by any such per
son, or his wife or family, for the common necessaries o f life, or
have been incurred at a time when the debtor had no family,
residing in this State, supported in whole or in part by his labor,
the one-half o f such earnings above mentioned is nevertheless
subject to execution, garnishment, or attachment to satisfy debts
so incurred.
Wages as preferred claims—In assignments, etc.
Wages to bo
Section 5493. In all assignments of property, whether real or
paid first.
personal, which shall hereafter be made by any person or char
tered company or corporation, or by any person or persons, owning
or leasing real or personal property, to trustees or assignees on ac
count o f inability at the time o f the assignment to pay his, her,
or their debts, the wages o f the miners, mechanics, salesmen,
servants, clerks, or laborers, employed by such person or persons,
or chartered company or corporation, shall be held and deemed
preferred claims, and paid by such trustees or assignees, before
any other creditor or creditors of the assignor: Provided, That
the claims o f each miner, mechanic, salesman, servant, clerk, or
laborer thus preferred, shall not exceed in value two hundred dol
lars o f gold coin o f the United States, and the services shall have
been rendered or labor performed within ninety days next preced
ing said assignment.
Executions,
Sec. 5494. In all cases of execution, attachments and writs o f
etca similar nature against the property of any person or persons,
Claims f o r o r chartered company or corporation, it shall be lawful for such
wages.
miner, mechanic, salesman, servant, clerk and laborer to give
notice o f their claim or claims, and the amount thereof, duly
certified and sworn to by the creditor or creditors making the
claim to the officer executing either o f such writs, at any time
before the actual sale o f property levied upon; the creditor or
creditors making the claim shall at the same time give notice in
writing to the creditor or creditors at whose instance the prop
erty has been levied upon, or his or their attorney, o f their said
claim or claims, and the amount thereof duly certified and sworn
to by such claimant or claimants; a copy o f said notice shall also
be served upon the debtor, if he be found within the county where
the property levied upon is situated: Provided, That if the debtor
can not be found within the county where the property levied upon
is situated, then said notice may be served upon the officer exe
LABOR LAWS— NEVADA— REVISED LAWS^-1912.
1337
outing either of such writs in lieu o f said debtor. Upon the filing
in the court where the action or actions against the debtor is, or
are pending, of an affidavit of the claimant or claimants, show
ing his or their compliance with the foregoing provisions o f this
section, the officer executing either o f said writs shall pay to such
miners, mechanics, salesmen, servants, clerks or laborers, out of
the proceeds o f the sale, the amount each is justly and legally
entitled to receive for services rendered, within ninety days next
preceding the levy o f the writ o f execution, attachment, or other
writ, not exceeding two hundred dollars in gold coin o f the United
States: Provided, That neither the creditor or debtor may dispute
Contesting
the claim o f any person seeking and claiming preference under claims,
this section, * * * but in case action is rendered necessary by
the act as aforesaid, by either debtor or creditor, and judgment
shall be had for said claim, or any part thereof, carrying costs, the
costs attending the prosecution o f said action, and legally taxable
therein, shall likewise be a preferred claim with the same rank as
the original cla im : And, provided further, I f the amount o f assets,
after deducting costs o f levy and sale, shall not be adequate to Pro rata paythe payment o f all the preferred claims o f this class, they shall ments.
be paid pro rata out o f the money hereby made applicable thereto:
And, provided further, That nothing in this act contained shall be
construed to affect any homestead claims, mortgage, or lien of Act construed,
any description, created and existing before the claim o f such
laborer accrued.
Liability c f employers for injuries to employees.
S ection 5649. Whenever any person shall suffer personal injury tio^ight of ac‘
by wrongful act, neglect or default o f another, the person causing
the injury shall be liable to the person injured for damages; and
where the person causing such injury is employed by another per
son or corporation responsible for his conduct, such person or
corporation so responsible shall be liable to the person injured for
damages.
Sec. 5650. Every common carrier engaged in trade or commerce
R a i l wa y s ,
in the State o f Nevada, and every mine and mill owner and
s’ etcoperator actually engaged in mining, or in milling or reduction of
ores, in the State of Nevada, shall be liable to any o f its employ
ees, or, in case of the death of such employee, to his personal
representative for the benefit o f his widow and children, if any,
and if none, then for his next o f kin, for all damages which may
result from the negligence o f the officers, agents, or employees
of said common carrier or mine or mill operator, or by reason o f
any defect or insufficiency due to their negligence in its cars, en
gines, appliances, machinery, track, roadbed, ways or works, or to
their negligent handling or storing o f explosives.
Sec. 5651. In all actions hereinafter brought against any comcomparative
mon carrier or mine or mill owner and operator to recover dam - negligence,
ages for personal injuries to or death o f an employee, the fact
that the employee may have been guilty* o f contributory negli
gence shall not bar a recovery where his contributory negligence
was slight and the negligence o f the employer, or its officers,
agents, or employees was gross in comparison. All questions of
negligence and contributory negligence shall be for the jury.
Sec. 5652. No contract o f employment, insurance, relief benefit,
contracts
or indemnity for injury or death, entered into by or on behalf of waiving rights,
any employee, nor the acceptance o f any 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 o f such employee: Provided, however,
That upon the trial o f such action the defendant may set off
therein any sum it has contributed toward any such insurance,
relief benefit, or indemnity that may have been paid to the person
entitled thereto.
1338
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Wages as preferred claims—In administration.
Order of paySection 6145. In all cases of the death of any employer or emmands
ployers, the wages o f each miner, mechanic, salesman, servant,
clerk, and laborer, for services rendered, or labor performed,
within ninety days next preceding the death of the employer, shall
rank after the funeral expenses of the deceased, the charges and
expenses of administering upon the estate, and the allowance to
the widow and infant children, and be paid pro rata before all
other claims against the estate of the deceased person or persons:
Provided , This act shall in no way affect the homestead or other
property exempted by law from forced sale, or any mortgage or
lien lawfully obtained on the property of the deceased person be
fore his or her death.
Interference with employment.
What constit u t e s conspi
racy.
Section 6377. Whenever two or more persons shall conspire—
*
*
*
*
*
5. To prevent another from exercising any lawful trade or
calling, or from doing any other lawful act, by force, threats or
intimidation, or by interfering or threatening to interfere with
any tools, implements or property belonging to or used by an
other, or with the use or employment thereof;
*
*
*
*
*
Every such person shall be guilty of a gross misdemeanor.
Negligence of employees in charge of steam engines and boilers.
N ^ d e a th 8 S ection 6408. Every person having charge of a steamboat used
si
cau n&
. for
conyeyance 0f passengers, or of a boiler or engine thereof,
who, from ignorance, recklessness or gross negligence, or for the
purpose of excelling another boat in speed, shall create or allow to
be created such an undue quantity of steam as to burst the boiler
or other apparatus in which it is generated or contained, or to
break any apparatus or machinery connected therewith, whereby
the death o f a human being is occasioned; and every engineer or
other person having charge o f a steam boiler, steam engine or
other apparatus for generating or applying steam, who, willfully
or from ignorance or gross negligence, shall create or allow to
be created such an undue quantity of steam as to burst the boiler,
engine or apparatus, or to cause any other accident, whereby the
death o f a human being is occasioned, shall be guilty o f man
slaughter.
Employment of minors in barrooms.
Employment
Section 6506. Every person * * * who shall employ a minor
offense110^ & as a barkeeper, * * * is guilty of a misdemeanor, and shall
n
be punished by a fine of not less than one hundred dollars nor
more than five hundred dollars, or imprisonment in the county
jail not less than fifty days, nor more than six months, or by both
such fine and imprisonment; * * *
Hours of labor in mines, smelters, etc.
a d-fv’s h
work Section 6554. The period of employment of working men in all
in mines;
underground mines or workings shall be eight hours per day, ex
cept in cases of emergency where life or property is in imminent
danger.
In smelters,
Sec. 6555. The period of employment of working men in smelters
etcand in all other institutions for the reduction or refining of ores
or metals shall be eight hours per day, except in cases of emer
gency where life or property is in imminent danger.
Violation.
gEC. 6556. Any person who violates either of the two preceding
sections, or any person, corporation, employer or his or its agent,
LABOR LAWS----NEVADA----REVISED LAWS----1912.
who hires, contracts with, or causes any person to work in an
underground mine or other underground workings, or in a smelter
or any other institution or place for the reduction or refining of
ores or metals for a period of time longer than eight hours during
one day unless life and property shall be in imminent danger, shall
be guilty of a misdemeanor and upon conviction thereof shall be
punished by a fine of not less than one hundred dollars, nor more
than five hundred dollars, or imprisonment in the county jail not
more than six months, or both.
Sec. 6557. The periodi of employment of working men in openpit and open-cut mines shall not exceed eight hours in any twentyfour hours, except in cases of emergency where life or property is
in imminent danger.
Sec. 6558c Any person who violates any provisions of the preced
ing section, or any person, persons, corporation, employer or his
agent, who hires, contracts with, or causes any person to labor
in any open-pit or open-cut mines, for a period of time longer
than eight hours within any twenty-four hours, except in cases
o f emergency where life or property is in imminent danger, shall
be guilty of a misdemeanor, and upon conviction thereof shall be
punished by a fine of not less than one hundred dollars nor more
than five hundred dollars, or by imprisonment in the county jail
for not more than six months, or both.
Sec. 6559. The period o f employment of all persons engaged
or employed in any mill or other institution wherein plaster or
cement is manufactured shall not exceed eight hours in any
twenty-four hours except in cases of emergency where life is
in imminent danger, or the product o f such m ill or institution
liable to loss or damage by delay in treatment.
Sec. 6560. Any person who violates any provision of the pre
ceding section, or any person, persons, corporation, employer or
agent who hires, contracts with or causes any person to be en
gaged or employed in any mill or other institution where plaster
or cement is manufactured, for a period o f time longer than eight
hours in any twenty-four hours except in cases where life is in
imminent danger or the product of such mill or institution liable
to loss or damage by delay in treatment, shall be guilty of a mis
demeanor and upon conviction thereof shall be punished by a fine
of not less than one hundred* dollars nor more than five hundred
dollars, or by imprisonment in the county jail for not more than
six months, or both.
1339
Eight hours
a day’s labor
in open work.
Violations.
Eight hours
a day’s labor
in c e r t a i n
mills.
Violations.
j$invoking in factories, etc.
Smoking an
Section 6578. Every person who shall light a pipe, cigar or
cigarette in, or who shall enter with a lighted pipe, cigar or offense, when.
cigarette, any mill or other building on which is posted in a con
spicuous place over and near each principal entrance a notice in
plain, legible characters stating that no smoking is allowed in
such building, shall be guilty of a misdemeanor.
Railroads, etc.—Illiterate employees— Intoxication—-Negligence.
Section 6582. Every person who, as an officer of a corporation Engineers to
or otherwise, shall knowingly employ as an engineer or engine be able to read.
driver, to run a locomotive or train on any railway, any person
who can not read time-tables and ordinary handwriting; and
every person who, being unable to read time-tables and ordinary
handwriting, shall act as an engineer or run a locomotive or
train on any railway, shall be guilty of a gross misdemeanor.
Intoxication
S ec. 6583. Every person who, being employed upon any railway,
as engineer, motorman, gripman, conductor, switch tender, fire of employees.
man, bridge tender, flagman or signalman, or person having
charge of stations, starting, regulating or running trains upon a
railway, or person employed as captain, engineer or other officer
of a vessel propelled by steam, or being the driver of any animal
Digitized for or vehicle upon any public street, shall be intoxicated while enFRASER
1340
B U L L E T IN OF T H E BUREAU OF LABOR STATISTICS.
gaged in the discharge of any such duties, shall be guilty of a
gross misdemeanor.
Negligence of
Sec. 65S5. Every engineer, motorman, gripman, conductor, brakepfoyees? 6 m " man, switch tender, train dispatcher or other officer, agent or
servant of any railway company, who shall be guilty o f any willful
violation or omission o f his duty as such officer, agent or servant,
by wrhich human life or safety shall be endangered, for which no
punishment is specially prescribed', shall be guilty o f a misde
meanor.
Employees in
sec . C587. Every person who shall apply, or cause to be apsteam g boilers. Plied to a steam boiler a higher pressure of steam than is allowed
etc.
'b y law, or by any inspector, officer or person authorized to limit
the same; every captain or other person having charge of the
machinery or boiler in a steamboat used for the conveyance of
passengers on the waters o f this State, who, from ignorance or
gross neglect, or for the purpose o f increasing the speed of such
boat, shall create or cause to be created an undue or unsafe
pressure o f steam; and every engineer or other person having
charge of a steam boiler, steam engine or other apparatus for
generating or employing steam, who shall willfully or from ig
norance or gross neglect, create or allow to be created such an
undue quantity o f steam as to burst the boiler, engine or ap
paratus, or cause any other accident, whereby human life is
endangered, shall be guilty of a gross misdemeanor.
Contracts of employment— Violation endangering life.
Violations an
Section G588. Every person who shall willfully and maliciously,
offense, when, either alone or in combination with others, break a contract of
service or employment, knowing or having reasonable cause to be
lieve that the consequence o f his so doing will be to endanger
human life or to cause grievous bodily injury, or to expose valu
able property to destruction or serious injury, shall be guilty o f a
misdemeanor.
Interference with employment.
Violence,
Section 6740. Every person who, with intent to compel another
force, etc.
j-0 do or abstain from doing an act which such other person has
a right to do, or abstain from doing, shall wrongfully and unlaw
fully—
1. Use violence or inflict injury upon such other person or any
o f his family, or upon his property, or threaten such violence or
injury; or,
2. Deprive such person of any tool, implement or clothing, or
hinder him in the use thereof; or,
3. Attempt to intimidate such person by threats or force,
Shall be guilty o f a misdemeanor.
Hours o f labor on public works—Eight-hour day.
Eight hours a
S ection 6778. On public works, all works or undertakings carday’s work.
r| on or aided by the State, county or municipal governments,
ed
Violation,
eight hours shall constitute a day’s labor. Any violation o f the
provisions o f this section shall be deemed a misdemeanor and
shall subject the employee as well as the person or persons acting
on behalf o f the State, county or municipal government in the em
ployment o f such employee, to a fine of not less than ten dollars
nor more than fifty dollars, and in case any contract is let for any
State, county or municipal government work, the contractor or
contractors violating the provisions hereof shall be punished by
a fine o f not less than five dollars nor more than fifty dollars for
each and every man so employed by such contractor or contract
ors, and in addition thereto such contract shall be forfeited and be
null and void: Provided, That nothing herein shall be so con
strued as to prevent the preservation or protection of property in
cases of emergency.
LABOR LAWS-— NEVADA----REVISED LAWS----1912.
134 1
Blacklisting, ctc.
Section 6779. Any person, association, company, or corporation P reventing
within this State, or agent, or officer, on behalf o f such person, aScharged em?
association, company or corporation, who shall hereafter willfully pioyee.&
do anything intended to prevent any person who shall have for
any cause left or been discharged from his or its employ from
obtaining employment elsewhere in this State, shall be deemed
guilty of a misdemeanor, punishable by a fine o f not less than
fifty dollars, nor more than two hundred and fifty dollars for each
offense, or imprisonment in the county jail at the rate o f one day
for each two dollars o f such fine in the event such fine be not paid.
Sec. 6780. No corporation, company, organization, or individual
Blacklisting,
shall blacklist or publish, or cause to be blacklisted or published,
any employee, mechanic, or laborer discharged by such corpora
tion, company, organization, or individual with the intent and for
the purpose o f preventing such employee, mechanic, or laborer
from engaging in or securing similar or other employment from
any other corporation, company, organization, or individual.
Sec. 6781. I f any officer or agent o f any corporation, company,
Violation,
organization, or individual, or other person, shall blacklist or
publish or cause to be blacklisted or published any employee,
mechanic or laborer discharged by such corporation, company,
organization, or individual, with the intent and for the purpose
of preventing such employee, mechanic or laborer from engaging
in or securing similar or other employment from any other cor
poration, company, organization, or individual, or shall in any
manner conspire or contrive by correspondence or otherwise, to
prevent such discharged employee from procuring employment, he
shall be deemed guilty o f a misdemeanor, and upon conviction
thereof, shall be fined not less than fifty, nor more than two hun
dred and fifty dollars, or be imprisoned in the county jail not less
than thirty nor more than ninety days, or both.
Sec. 6782. The two preceding sections shall not be construed as
statement
prohibiting any corporation, company, organization or individual
fur'
from giving in writing, on application from such discharged em
ployee, or any corporation, company, organization or individual
who may desire to employ such discharged employee, a truthful
statement o f the reason for such discharge: Provided, That said
written cause o f discharge, when so made by such person, agent,
company, organization or corporation shall not be used as the
cause for an action for libel, either civil or criminal, against the
person, agent, company, organization or corporation so furnishing
the same.
Employment of labor—Foreman, etc., accepting fees.
Section 6783. It shall be unlawful for any person or persons,
Empl oyers
firm, company, association or corporation, either as principal or not to charge
agent, to charge, or receive, or demand, or attempt to charge, or
s*
receive or demand, any money or other thing o f value, from any
person or persons whomsoever, upon the promise o f hiring or re
taining such person or persons in any employment whatsoever, or
by threatening to discharge such person or persons from any such
employment, whether or not such person or persons, firm, company,
association or corporation, either as principal or agent, may have
the right or authority to employ, or retain, or discharge such
person or persons, in, or from any such employment whatsoever.
Any person or persons convicted o f the violation of any of the violations,
provisions of this section shall be punished by imprisonment in
the State prison for a term of not less than one year nor more
than three years.
S ec. 6784. The preceding section shall not apply to any duly and
regularly licensed intelligence office for the employment of persons.
Exemption,
1342
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Employment offices—False representation.
False stateSection 6785. Every employment agent or broker, who, with
merits forbid-intent to influence the action of any person thereby, shall mis-
den*
state or misrepresent verbally, or in any writing or advertisement,
any material matter relating to the demand for labor, the con
ditions under which any labor or service is to be performed, the
duration thereof or the wages to be paid therefor, shall be guilty
of a misdemeanor.
Bribery of employees.
S ection 6786. Every agent, employee or servant of any person
g or corporation and every public officer who shall ask or receive,
directly or indirectly, any compensation, gratuity or reward, or
any promise thereof, upon any agreement or understanding that he
shall act in any particular manner in connection with his prin
cipal’s, employer’s or master’s business, or his official duties or
the public service; or who being authorized to purchase or con
tract for materials, supplies or other articles or to employ servants
or labor for his principal, employer or master, or for the State or
any county or municipality, or for the public service, shall ask
or receive, directly or indirectly, for himself or another, a com
mission, percentage, discount, bonus or promise thereof from any
person with whom he may deal in relation to such matters, shall
be guilty o f a gross misdemeanor.
Soliciting or
bribes!
V n
Forgery o f employers’ certificates.
letters °et<falSe
Section 6787. Every person who shall obtain employment or
appointment to any office or place o f trust, by color or aid o f any
false or forged letter or certificate or recommendation, shall be
guilty o f a misdemeanor.
Payment of wages—Discounting.
time^checks!^
S ection 6788. Whenever any person or persons, firm, corpora
tion or association whether acting as principal or agent, contractor
or subcontractor, shall hire or employ any other person or persons
for the performance o f any labor, or service, and shall issue to
such person or persons time checks for the labor or service per
formed, it shall be unlawful for tlie person or persons, firm, cor
poration or association, issuing such time checks to discount the
same or deduct therefrom any portion o f the same as such dis
count.
Violation.
gECi 6789. Any employer of labor, or his agent or representative,
violating the provisions of the next preceding section, shall be
deemed guilty o f a misdemeanor, and upon conviction thereof shall
be punished by a fine o f not less than fifty dollars nor more than
three hundred dollars, or by imprisonment in the county jail for
not less than thirty days nor more than six months, or both.
Application
gE > ^790. Nothing in the two next preceding sections shall apC
° aW
‘
Ply to persons, firms, associations or corporations, making dis
counts, deduction, or pro rata payments in the course o f bank
ruptcy or insolvency proceedings, or in the settlement of the
estates o f deceased persons.
Protection of employees as traders, etc.
Coercion as
Section 6791. Any person or persons, employer, company, corboai^in"lng or poration or association, or the managing agent of any person or
a’
persons, employer, company, corporation or association, doing or
conducting business in this State, who by coercion, intimidation,
threats or undue influence, compels or induces his or her employ
ees to trade at any particular store, or board at any particular
boarding house, in this State, shall be deemed guilty o f a mis
demeanor, and upon conviction thereof, shall be fined in any sum
LABOR LAWS----NEVADA----REVISED LAWS----1912.
1343
not less than fifty dollars nor more than two hundred dollars, or
by imprisonment in the county jail for a period of not less than
thirty days, nor more than one hundred days, or by both such
fine and imprisonment.
Protection of employees as members of labor organizations—
Bribery of representatives.
Section 6792. It shall be unlawful for any person, firm or corPreventing
poration to make or enter into any agreement, either oral or in employees from
writing, by the terms o f which any employee o f such person, firm J°inins unions,
or corporation, or any person about to enter the employ o f such
person, firm or corporation, as a condition for continuing or obtain
ing such employment, shall promise or agree not to become or con
tinue a member of a labor organization, or shall promise or agree
to become or continue a member o f a labor organization.
Sec. 6793. Any person or persons, firm or firms, corporation or
Penalty,
corporations, violating the provisions of the next preceding sec
tion shall be deemed guilty o f a misdemeanor and upon conviction
thereof shall be fined in a sum not less than fifty or more than
three hundred dollars, or be imprisoned in the county jail for a
period of not less than twenty-five days nor more than five months,
or by both such fine and imprisonment.
Sections 6792, 6793, were held by a Federal court to be unconstitu
tional. 159 Fed. Rep. 500.
Sec. 6794. Every person who shall give, offer or promise, directly
Offering
or indirectly, any compensation, gratuity or reward to any duly bribes,
constituted representative o f a labor organization, with intent to
influence him in respect to any o f his acts, decisions or other
duties as such representative, or to induce him to prevent or
cause a strike by the employees o f any person or corporation,
shall be guilty of a gross misdemeanor.
Sec. 6795. Every person who, being the duly constituted repreRecei vi ng
sentative o f a labor organization, shall ask or receive, directly or same*
indirectly, any compensation, gratuity or reward, or any promise
thereof, upon any agreement or understanding that any o f his
acts, decisions or other duties as such representative, or any act
to prevent or cause a strike o f the employees of any person or
corporation shall be influenced thereby, shall be guilty of a gross
misdemeanor.
Bribery o f employees.
Section 6796. Every person who shall give, offer or promise,
directly or indirectly, any compensation, gratuity or reward to
any agent, employee or servant of any person or corporation, with
intent to influence his action in relation to his principal’s, em
ployer’s or master’s business, shall be guilty o f a gross mis
demeanor.
O f f e r 1n g
Safety appliances in factories and mines.
Section 6797. It shall be unlawful for any person, company or
Collars, etc.,
corporation, to construct or place any shaft or shafting w ith 0 1 shafts1
collars, sleeves or pulleys over two feet in diameter attached
or secured to any such shaft by set screws projecting above the
hub of such collars, sleeves or pulleys. In all such cases where
set screws are used, the heads thereof shall be countersunk be
low the surface of the hub o f the collar, sleeve or pulley in which
they are placed. Any person or corporation who shall fail or
refuse to comply with the requirements o f this section, when con
structing or changing any machinery, shall be guilty of a mis
demeanor, and upon conviction therof shall be fined not less than
one hundred nor more than five hundred dollars.
Sec. 6798. Nothing contained in the next preceding section shall Suits,
be so construed as to prevent recovery in a suit for damages, for
injuries sustained by the party so injured or by his heirs or
administrators.
1344
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Safety cages
gEC. G709 (as amended by chapter 287, Acts of 1913). It shall
in mines.
l)e uniawf ui f or any person or persons, company or companies,
Suits.
corporation or corporations, to sink or work through any vertical
shaft, at a greater depth than three hundred and fifty feet, unless
the said shaft shall be provided with an iron-bonneted safety cage,
safety crosshead or safety skip, to be used in the lowering and
hoisting o f the employees o f such person or persons, company or
companies, corporation or corporations. The safety apparatus
shall be securely fastened to the cage, crosshead or skip, and shall
be o f sufficient strength to hold the cage, crosshead or skip loaded
at any depth to which the shaft may be sunk: Provided, That
where safety crosshead is used for other than sinking purposes
the same shall be equipped with gates as provided by law for
cages: And provided further, That where skips are used for other
than sinking purposes platforms for men to stand on when being
hoisted or lowered shall be placed in said skip not less than four
feet from top o f same and that an overhead bar be provided fo£
the men to hold to. In any shaft less than three hundred and
fifty feet deep where no safety cage, safety crosshead or safety
skip is used and where crosshead or crossheads are used, plat
forms for employees to ride upon in lowering and hoisting said
employees shall be placed above said crosshead or crossheads.
Any person or persons, company or companies, corporation or cor
porations or the managing agent o f any person or persons, com
pany or companies, corporation or corporations, violating the pro
visions o f this section shall be deemed guilty o f a misdemeanor,
and upon conviction thereof shall be fined in the sum of five
hundred dollars, or imprisonment in the county jail for a term
o f six months, or by both such fine and imprisonment.
sec. 6800. Nothing contained in the next preceding section shall
be so construed as to prevent recovery being had in a suit for
damages for injuries sustained by the party so injured, or his
heir or administrator or administratrix, or any one else now
competent to sue in an action of such character.
Labor combinations not unlawful.
Meetings per-
m e
Section 6801. No part of this act shall be construed to restrict
or prohibit the orderly and peaceably assembling or cooperation
o f persons employed in any profession, trade or handicraft, for
the purpose of securing an advance in the rate o f wages, or com
pensation, or for the maintenance o f such rate.
Employment of children.
Mendi cant ,
Section 6823. Every person who shall employ, or cause to be
o™cupationsetC* emPloye(i> exhibit or have in his custody for exhibition or employ
’
ment any minor actually or apparently under the age o f eighteen
years; and every parent, relative, guardian, employer or other
person having the care, custody, or control o f any such minor,
who shall in any way procure or consent to the employment of
such minor—
1. In begging, receiving alms, or in any mendicant occupa
tion; or,
2. In any indecent or immoral exhibition or practice; or,
3. In any practice or exhibition dangerous or injurious to life,
limb, health or m orals; or,
4. As a messenger for delivering letters, telegrams, packages or
bundles, to any house o f prostitution or assignation;
Shall be guilty o f a misdemeanor.
Age limit.
Sec. 6824. Every person who shall employ, and every parent,
guardian or other person having the care, custody or control o f
such child, who shall permit to be employed, by another, any
male child under the age o f fourteen years or any female child
under the age o f sixteen years at any labor whatever, in or in
connection with any store, shop, factory, mine or any inside em
ployment not connected with farm or housework, without the
LABOR LAWS----NEVADA— REVISED LAWS— -1912.
1345
written permit thereto of a judge o f the district court of the
county wherein such child may live, shall be guilty of a misde
meanor.
Sale of intoxicants at construction camps.
S e c t io n 6830. It shall be unlawful to grant a license to any
sale forbidperson, firm or corporation to sell, barter, exchange or otherwise den> where,
to dispose o f any malt, spirituous, vinous or other intoxicating
liquors within five miles o f any camp or assemblage o f men en
gaged in the construction or reconstruction o f any railway or
government construction or reconstruction works where twentyfive or more men are employed.
S ec . 6840. * *' * Provided, That nothing in this act shall
Proviso,
apply to the sale o f liquors made under a license issued by any
incorporated town or city nor to sales at a saloon, store or hotel
at which such liquors are sold or otherwise disposed o f outside o f
the corporate limits of towns and cities where such saloon, store
or hotel has been established in a substantial building of perma
nent character and has been licensed for at least six months im
mediately prior to the beginning o f such construction work within
the said five-mile limit.
Immigration of persons bound to involuntary servitude.
S e c t io n 6S4T. The immigration to this State o f all slaves and
Immigration
other people bound by contract to involuntary servitude for a of
etc,»
term o f years is hereby prohibited.
pro 1
S e c . 6848. It shall be unlawful for any company, person or perCollection of
sons to collect the wages or compensation for the labor o f the wages,
persons described in the first section o f this act [sec. 6847].
S e c . 6 8 4 9 . It shall be unlawful for any corporation, company,
Payment of
person or persons, to pay to any owner, or agent o f the owner o f wages,
any such persons mentioned in section one o f this act [sec. 6 8 4 7 ] ,
any wages or compensation for the labor o f such slaves or persons
so bound by said contract to involuntary servitude.
Sec. 6850. Any violation of any of the provisions of this act
[secs. 6847-6850] shall be deemed a misdemeanor, and shall be
punished by a fine of not less than three hundred dollars, nor
more than one thousand dollars, or by imprisonment in the county
jail for a term of not less than three months or more than six
months, or by both such fine and imprisonment.
Violation,
ACTS OF 1913.
C hapter
15.—Protection of employees as voters— Time to vote.
S e c t io n 1. No person entitled to vote at any election held in
Employment
this State shall, upon the day of such election, be employed in any forl)iddenmanufacturing, mechanical or mercantile establishment, except
such establishments as may lawfully conduct their business on a
Exception,
legal holiday.
S e c . 2. Every person entitled to vote at any such election held in
this State who is employed in such an establishment as may lawfully conduct its business on a legal holiday and on election day,
must be given on election day a leave o f absence for a period of
three consecutive hours after the opening and before the closing
of the polls in the voting precinct or town in which he is entitled
to vote, if he shall make application for leave o f absence during
such period.
S e c . 3. Any owner, superintendent or overseer, or other person,
[shall] in any manufacturing, mechanical or mercantile establish
ment, who employs or permits to be employed any person therein
on the day of any election held in this State in violation o f the
provisions o f section 1 o f this act, or who violates the provisions
o f section 2 o f this act, shall be guilty o f a misdemeanor, and upon
conviction thereof shall be punished by a fine of not less than
fifty dollars nor more than one hundred dollars, or by imprisonhttp://fraser.stlouisfed.org/
39387°—Bull. 148, pt 2—14------ 9
Federal Reserve Bank of St. Louis
Three hours
Violation,
1346
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
meut in the county jail for not less tlian twenty-five days nor more
tlian fifty days, or both such fine and imprisonment.
C h a p t e r 32.— Railroads—Headlights
on locomotives.
Headlights
S ection 1. Every company, corporational lessee, manager or
required.
receiver, owning or operating a railroad in this State, is hereby
B ackin g.
Violation.
required to equip, maintain, use and display at night upon each
and every locomotive being operated in road service in this State,
an electric or other headlight o f at least 1.500 candlepower, meas
ured without the aid of reflector: Provided-, That this act shall
not apply to locomotive engines regularly used in switching cars
or trains: And provided further, That this act shall not apply to
railroads not maintaining regular night-train schedules, nor to
locomotives going to or returning from repair shops when ordered
in for repairs.
Sec. 2. All locomotives backing up, over any division or district,
or portion thereof at night, shall be provided with a headlight of
the character described in section 1 hereof displayed in the direc
tion the engine is moving.
S ec. 3. Any railroad company, or the receiver, or lessee thereof,
doing business in the State o f Nevada, which shall violate the pro
visions of this act shall be liable to the State of Nevada for the
penalty o f not less than one hundred ($100) dollars nor more than
($1,000) dollars for each offense. And such penalties shall be
recovered and suit brought, in the name o f the State o f Nevada, in
any court o f competent jurisdiction, in any county in or through
which such line of railroad may run, by the attorney general or
by the district attorney in any county in or through which such
line of railroad may be operated.
C h apter
64.— Mine regulations—Exits.
P a ssa g ew a y s
Section 1. It shall be unlawful for any owner, operator or perto be k e p t son in charge o f any mine to place or cause to be placed any bulkopei1,
head or door in any passageway connecting contiguous mines or
to refuse to allow the right of use of such outlet through such
contiguous mine in case o f an accident: Provided, That nothing in
this act shall prevent the maintaining o f a door in such connection
which can be quickly opened or readily broken in case of an acci
dent.
T o o ls.
Sec. 2. In all passageways connecting contiguous mines where
a door or doors have been erected necessary tools for opening
the same shall be kept in a conspicuous place near said doors
and not removed for any purpose whatever other than as specified
in this act.
Violation.
Sec. 3. Any owner, operator or person in charge of any mine
who violates any of the provisions of this act shall be guilty of
a misdemeanor and upon conviction thereof shall be punished by
a fine of not less than one hundred nor more than five hundred
dollars or by imprisonment in the county jail for not less than
thirty days nor more than six months or by both such fine and
imprisonment: and each and every day that such owner or opera
tor may continue to violate any of the provisions of this act,
shall be considered a separate offense and shall be punishable as
such.
Definitions.
S ec. 4. That the words “ person,” “ operator,” “ owner ” and
“ person in charge,” wherever used in this act shall be deemed to
include corporations and associations existing under or authorized
by the laws of either the United States, the laws o f the Terri
tories, the laws o f any State, or the laws Of any foreign country.
C hapter 74.— Railroads— Sufficient crews for trains.
Crew
quired.
re-
Section 1. It shall be unlawful for any person, firm, company
or corp0ration engaged in the business of common carrier, oper
ating freight and passenger trains, or either of them, within or
LABOR LAW S---- NEVADA-----ACTS OF 1913.
1347
through the State of Nevada, to run or operate, or permit or
cause to be run or operated, within or through this State, along
or over its road or tracks, other than along or over the road or
tracks within yard limits, any freight or passenger train consist
ing o f two cars or less, exclusive o f caboose and engine and ten- Two cars or
ders, with less than a full crew consisting o f not less than four less,
persons, to wit, one engineer, one fireman, one conductor and one
brakeman, who will act in the capacity o f flagman.
Sec. 2. It shall be unlawful for any person, firm, company or
T h r e e to
corporation engaged in the business o f common carrier, operating fifty cars,
freight and passenger trains, or either o f them, within or through
the State o f Nevada, to run or operate, or permit or cause to be
run or operated, within or through this State, along or over its
road or tracks, other than along or over the road or tracks within
yard limits, any freight or passenger train o f three or more and
less than fifty freight, passenger, or other cars exclusive o f ca
boose and engine with less than a full crew consisting o f five
persons, to wit, one engineer, one fireman, one conductor, one
brakeman and one flagman.
S e c . 3 . It shall be unlawful for any person, firm, company or
More t h a n
corporation, engaged in the business o f common carrier, operatcars*
ing freight and passenger trains, or either o f them, within or
through the State o f Nevada, to run or operate, or permit or
cause to be run or operated, within or through this State, along
or over its road or tracks other than along or over its road or
tracks within yard limits, any freight or passenger train of more
than fifty freight, passenger or other cars, exclusive of caboose
and engine and tender, with less than a full crew, consisting o f
not less than six persons, to wit, one conductor, one engineer, one
fireman, two brakemen and one flagman.
S e c . 4 . The flagman mentioned in sections 1 , 2 , and 3 o f this act
Flagman,
shall have had at least one year’s actual experience in train
service.
S ec. 5. The provisions o f this act shall not apply to or include
Exceptions,
any railroad company or receiver or manager thereof of any line
o f railroad in this State less than ninety-five miles in length;
neither shall they apply to the operation of light engines and
tenders when running as such outside the yard limits.
S ec. 6. Nothing in this act shall be considered to repeal or affect
Railroad act
in whole or in part that certain act entitled “An act to regulate
repea ea.
railroads, telegraph and telephone companies and other common
carriers o f this State, creating a railroad commission, constituting
the governor, the lieutenant governor and the attorney general a
railroad board for the appointment and removal o f the railroad
commissioners, preventing the imposition o f unreasonable rates,
preventing unjust discrimination, insuring an adequate railway
service, and fixing maximum freight charges,” approved March 5,
1007.
Sec. 7. Any railroad company or receiver o f any railroad company, and any person, firm, company or corporation engaged in
the business o f common carriers doing business in the State o f
Nevada, who or which shall violate any o f the provisions of this
act, shall be liable to the State of Nevada for a penalty o f five
hundred dollars for each offense; and such penalty shall be recov
ered and suit brought in the name o f the State of Nevada in a
court o f proper jurisdiction in any county in or through which
such line o f railroad may run, by the attorney general or under
his direction, [or] by the district attorney in any county through
which such line o f railroad may operate.
Violation,
C hapter 1 2 5 . — Mine regulations— Drilling dry rock.
Section 1. It shall be unlawful for any owner, operator or perSpray to be
son in charge o f any underground mine to cause to be drilled or provided,
bored by machinery a hole or holes in any stope or raise in
ground that causes dust from drilling, unless said machinery is
equipped with a water-jet or spray or other means equally effi
1348
B U L L E T IN OF T H E BU REA U OF LABOR STATISTICS.
c-ient to prevent tlie escape of dust: Provided, That when waterjets or sprays are used water free from pollution with organic
or other noxious matter shall be furnished.
Use required.
gEc. 2. Where machinery used for drilling or boring holes in
stopes or raises is equipped as required by section 1 of this act,
it shall be unlawful for any person or persons to drill or bore
a hole in said stope or raise without using said appliance for the
prevention o f dust.
Violations.
gEC. 3 . Any person who violates either of the two preceding sec
tions, or any owner, operator or person in charge o f any under
ground mine who hires, contracts with or causes any person to vio
late the two preceding sections shall be guilty o f a misdemeanor,
and upon conviction thereof shall be punished by a fine o f not less
than one hundred dollars, nor more than five hundred dollars, or
by imprisonment in the county jail not more than six months or
by both such fine and imprisonment.
Definitions.
S ec. 4. The word “ person,” “ operator,” “ owner,” and “ person
in charge,” wherever used in this act shall be deemed to include
corporations and associations existing under or authorized by the
laws o f either the United States, the laws o f the Territories, the
laws of any State, or the laws of any foreign country.
C hapter 215.— Mine regulations— Sprinkling dusty mines.
Sprinkler to
Section 1. Every corporation, company, owner or operator o f a
11 e * mine in this State shall equip all chutes from which dusty ore or
1
rock is taken with a sprinkler or other device with which to
effectively dampen said ore or rock to prevent the escape of dust
into the air during removal, providing that whenever in the opin
ion o f the inspector o f mines the installation o f said device in
any property is impracticable he shall have the power to exempt
such property.
Sec. 2. Whenever a sprinkling device is installed at any chute
for the purpose o f preventing the escape of dust it shall be so
placed that it can be operated by the workman loading cars from
such chute.
ha°e8 *a°tere to
^EC*
Ever^ ore house where dusty ore or rock is sorted, shall
L o c a tio n .
v w
’
Violations.
be supplied at all times with suitable clean water, which shall be
used for the purpose of sprinkling said ore or rock to allay the
dust. Nothing in this act shall apply to mines employing less
than ten men or to chutes that are loaded in the open air.
gE > 4. Any corporation, company, owner or operator who fails
C
or refuses to install the sprinkling or watering device hereinabove
provided for shall be guilty of a misdemeanor, and upon convic
tion thereof shall be punished by a fine o f not less than one hun
dred dollars nor more than five hundred dollars, or by imprison
ment in the county jail not more than six months, or by both
such fine and imprisonment.
C hapter 232.— Employment of children.
Section 1. It shall be unlawful for any person, firm or corposch°o1 ration to employ any child under fourteen (14) years o f age, in
any business or service whatever during the hours in which the
public schools o f the district, in which the child resides, are in
session.
Occupations
Sec. 2. No child under the age of sixteen (16) years shall be
forbidden.
employed, permitted or suffered to work in any capacity in, about,
or in connection with the preparing o f any composition in which
dangerous or poisonous acids are used, manufacture o f paints,
colors or white lead; dipping, drying or packing matches; manu
facture o f goods for immoral purposes; nor in, about, or in con
nection with any mine, coal breaker, quarry, smelter, ore reduc
tion works, laundry, tobacco warehouses, cigar factory, or other
factory where tobacco is manufactured or prepared, distillery,
brewery, or any other establishment where malt or alcoholic
liquors are manufactured, packed, wrapped or bottled; nor in any
Employment
hoursg
LABOR LAWS----NEVADA— ACTS OF 1913.
1349
other employment declared by the State board o f health to be
dangerous to lives or limbs, or injurious to the health or morals
o f children under the age o f sixteen (16).
S ec. 3. The State board o f health may from time to time deP o we r s of
termine whether or not any particular trade, process o f manur d 0f
facture, or occupation, or any particular method o f carrying on
such trade, process o f manufacture or occupation is sufficiently
dangerous to the lives or limbs, or injurious to the health or
morals o f minors under sixteen (16) years of age employed
therein to justify their exclusion therefrom, and may prohibit
their employment therein.
Sec. 4. The State superintendent, or other authorized inspector
Children apor school attendance officer, shall make demand on an employer parentiy under
in or about whose place or establishment a child apparently under age*
the age o f fourteen (14) years is employed, or permitted or suf
fered to work, during the hours in which public schools o f the
district are in session; that such employer shall either furnish
him within ten (10) days satisfactory evidence that such child is
in fact over fourteen (14) years o f age, or shall cease to employ,
or permit or suffer such child to work.
Sec. 5. No child under the age o f sixteen (16) years shall be t
9th?% rb ~
°*d
employed, permitted or suffered to work in, about or in connection
°
with glass furnaces, smelters, or ore-reduction works, in the out
side erection and repair o f electric wires, in the running or man
agement o f elevators, lifts, or hoisting machines, in oiling hazard
ous or dangerous machinery in motion, at switch tending, gate
tending, track repairing as brakeman, fireman, engineer, motorman, conductor upon any railroads in or about establishments
where nitroglycerine, dynamite, dualin [analin], guncotton, gun
powder or other high or dangerous explosives are manufactured,
compounded or stored; nor in any other employment declared by
the State board o f health to be dangerous to the lives or limbs,
or injurious to the health or morals o f children under the age o f
sixteen (16) years.
Sec. 6. The State board o f health may from time to time deP o we r s of
termine whether or not any particular trade, process o f manufac- health1 d
ture, or occupation, or any particular method o f carrying on such
trade, process o f manufacture or occupation is sufficiently in
jurious to the lives or limbs, or injurious to the health or morals
o f the minor under the age o f sixteen (16) years, employed there
in to justify their exclusion therefrom, and may prohibit their
employment therein.
Sec. 7. In incorporated cities and towns no person under the
Nightwork.
age of eighteen (18) years shall be employed or permitted to work
as a messenger for a telegraph or messenger company in the dis
tribution, transmission or delivery o f goods or messages before
5 o’clock in the morning, or after 10 o’clock in the evening of
any day.
S ec. 8. No boy under the age o f sixteen (16) years and no • Hours of lagirl under the age o f eighteen (18) years shall be employed, per- bor*
mitted or suffered to work at any gainful occupation, other than
domestic service or work on a farm more than forty-eight hours
in any one week, nor more than eight hours in any one day. The
presence of a child in any establishment during working hours
shall be prima facie evidence o f its employment therein.
Sec. 9. Whoever employs any child, and whoever having under
Violation,
his control as parent, guardian, or otherwise, any child, permits
or suffers any child to be employed or to work in violation o f any
of the provisions o f this act, shall for such offense be fined not
less than five ($5) dollars nor more than two hundred ($200)
dollars or to be imprisoned for not less than ten (10) days nor
more than thirty (30) days, or both in the discretion of the
court.
S ec. 10. Whoever continues to employ any child in violation
Conti nued
of any of the provisions o f this act, after being notified thereof violation,
by a school attendance officer, or other authorized officer, shall for
1350
B U L L E T IN OF T H E BU REA U OF LABOR STATISTICS.
every day thereafter that such employment continues be fined
not less than five ($5) dollars nor more than twenty ($20)
dollars.
C hapter 271.— Safety of employees—Electrical construction and
maintenance.
Running o f
Section 1. No commission, officer, agent or employee of the
wires.
State of Nevada, or of any city and county or city or county or
other political subdivision thereof, and no other person, firm or
corporation shall
Distance from
(a ) Run, place, erect, or maintain any wire, cable, or other
center of pole, conductor used to conduct or carry electricity on any pole or on
any cross-arm, bracket, or other appliance attached to such pole
within a distance o f sixteen (16) inches from the center line of
said pole: Provided, That the foregoing provisions o f this para
graph (a ) shall be held not to apply to one or two telephone or
telegraph cables attached directly to one side o f the pole and
which are at least six (6) feet, at point o f attachment, from
any wire, cable or other conductor carrying at any one time more
than six hundred (600) volts o f electricity: And further provided,
That the foregoing provisions shall be held not to apply to tele
phone, telegraph or other “ signal” wires or cables, which are
attached to a pole to which is attached no. wires or cables other
than telephone, telegraph or other “ signal” wires; nor shall the
foregoing provisions be held to apply to such wires or cables in
cases where the same are run from underground and placed ver
tically on poles, nor to “ b rid le” or “ jum per” wires on any pole
which are attached to telephone, telegraph or other “ signal ”
wires on the same pole; nor to any “ aerial” cable as between
such cable and any pole on which it originates or terminates; nor
to transformers placed upon poles, nor to any wire or cable where
the same is attached to the top o f the pole as between it and the
said pole, nor to any “ aerial ” cable containing telephone, telegraph
or other “ signal ” wires where the same is attached to a pole on
which no other wires or cables and wires continuing from said
cable are maintained: Provided, That electric light or power wires
or cables are in no case maintained on the same side o f the street
or highway on which said “ aerial ” cable is placed.
Unattached
(b ) Run, place, erect or maintain in the vicinity o f any pole
wires.
(and unattached thereto) within the distance o f sixteen (16)
inches from the center line o f said pole, any wire, cable or other con
ductor used to conduct or carry electricity, or place, erect or main
tain any pole (to which is attached any wire, cable or other con
ductor used to conduct or carry electricity) within the distance
o f sixteen (16) inches (measured from the center o f such pole)
from any wire, cable or other conductor used to conduct or carry
electricity: Provided, That as between any wire, cable or other
conductor and any pole, as in this paragraph (b ) named, only the
wire, cable or other conductor or pole last in point o f time run,
placed or erected, shall be held to be run, placed, erected or main
tained in violation o f the provisions of this paragraph: And fur
ther provided, That the provisions o f this paragraph (b ) shall
not be held to apply to telephone, telegraph or other “ sign al”
wires or cables.
Wires carry(c ) Run, place, erect or maintain, above ground, within the
ing six hun- distance o f four (4) feet from any wire, cable or other conductor
d
conducting or carrying less than six hundred volts o f electricity,
any wire, cable or other conductor which shall conduct or carry
at any one time more than six hundred volts o f electricity, or
run, place, erect or maintain within the distance o f four (4) feet
from any wire, cable or other conductor which shall conduct or
carry at any one time more than six hundred volts o f electricity,
any wire, cable or other conductor conducting or carrying less
than six hundred volts o f electricity: And f urther provided, That
wires, cables or other conductors carrying more than six hundred
volts of electricity, if the space between any wire, cable or other
LABOR LAWS— NEVADA— ACTS OF 1913.
1351
conductor carrying or conducting at any one time more than six
hundred volts o f electricity and any wire, cable or other con
ductor carrying less than said voltage shall be at least thirty-two
(32) inches clear measurement in a horizontal line, and four (4)
feet in a vertical direction: Provided, That the foregoing provi
sions of this paragraph (c ) shall be held not to apply to any wires,
cables or other conductors attached to a transformer, arc or in
candescent lamp within a distance o f four (4) feet (measured
along the line o f said wire, cable or other conductor) from the
point where such wire, cable or other conductor is attached to
such transformer, arc or incandescent lamp, nor to wires, cables
or other conductors within buildings or other structures nor to
wires, cables or other conductors where the same are run from un
derground and placed vertically on poles, nor to any “ lead ” wires
or cables between the point where the same are made to leave
any pole for the purpose o f entering any building or other struc
ture, and the point at which they are made to enter such building
or structure, nor to any circuit installed for the purpose of lead
ing off or “ bucking ” from a circuit where it is impracticable to
maintain wires otherwise than in a level position: Provided, hotvever, That at all times a clearance o f not less than two (2) feet
in a vertical direction at point o f crossing is maintained between
wires, cables or other conductors carrying at any time more than
six hundred volts o f electricity and wires, cables or other con
ductors carrying less than six hundred volts o f electricity: And,
provided further, That as between any two wires, cables or other
conductors, or any wire, cable or other conductor run, placed,
erected or maintained in violation o f the provisions o f this para
graph (c ) , only the wire, cable or other conductor last in point
of time run, placed, erected or maintained shall be held to be run,
placed, erected or maintained thus in violation o f said provision.
(d ) Run, place, erect or maintain, any wire, cable or other con- C o l o r o f
ductor which shall conduct or carry at any one time more than cross arms,
six hundred volts o f electricity, without causing each cross-arm,
or such other appliance as may be used in lieu thereof, to which
such wire, cable or other conductor is attached to be kept at all
times painted a bright yellow color; or, on such cross-arm, or
other appliance used in lieu thereof, shall be placed enameled
iron signs, providing, in white letters on a green background, the
words “ High Voltage,” #
and these letters shall not be less than
three (3) inches in height, and said signs shall be securely
fastened on the face and back of each cross-arm. The provisions
o f this paragraph (d ) shall not be held to apply to cross-arms to
which are attached wires, cables or other conductors carrying or
conducting more than fifteen thousand (15,000) volts of elec
tricity.
(e) Run, erect, place or maintain any “ g u y ” wire or “ g u y ” insulation of
cable attached to any pole or appliance to which is attached any §'uy wires,
wire, cable or other conductor used to conduct or carry electricity
without causing said “ guy ” wire or “ guy ” cable to be effectively
insulated at all times at a distance o f not less than four (4 ) feet
nor more than eight (8) feet (measured along the line of said
wire, cable or other conductor) from the upper end thereof, and
at a point not less than eight (8) feet vertically above the ground
from the lower end thereof: And provided further, That when
ever two or more guy ” wires or “ guy ” cables are attached to
same pole and same anchorage, there shall be at least one (1)
foot vertical space between the points o f attachment: And further
provided, That no insulation shall be required at the lower end o f
a “ g u y ” wire or “ g u y ” cable where the same is attached to a
grounded anchor: And provided further, That where “ g u y ” is
attached to a pole or structure o f steel or other conducting ma
terial, which is thoroughly grounded, no insulation shall be re
quired at any point in said guy; none o f the provisions of this
paragraph (e) shall be held to apply to “ guy ” wires or “ guy ”
cables attached to poles carrying no wire, cable or other conductor
other than telephone, telegraph or other “ signal ” wire or cable.
1352
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
( f ) Run, place, or erect, or maintain, vertically on any pole,
any wjre> cable or other conductor used to conduct or carry elec
tricity, without causing such wire, cable or other conductor to be
at all times w holly encased in casing equal in durability and
T
insulating efficiency to a wooden casing not less than one and onehalf (1^) inches thick. The provisions o f this paragraph (f )
shall not be held to apply to vertical telephone, telegraph or other
“ signal ” wires or cables on poles where no other than such wires
or cables are maintained.
T r a n sfo rm e rs,
(g ) Place, erect or maintain on any pole, or on any cross-arm
or other appliance on said pole, which carries or upon which is
placed an electric arc lamp, any transformer for transforming
electric currents.
D ire ct
cu rSec. 2. None of the provisions o f the preceding section shall be
na^wires Slg’
to aPPty to “ direct current” electric wires, cables or other
conductors having the same polarity, nor to “ signal ” wires when
no more than tw^o ( 2 ) o f such “ signal ” wires are attached to any
one p ole: Provided, That none o f such “ direct current ” or “ sig-*
nal ” wires shall in any case be run, placed, erected or main
tained within the distance o f sixteen (16) inches from the center
line o f any pole (other than the pole or poles on which said wires,
cables or other conductors are carried) carrying electric wires,
cables or other conductors: And provided further, That as be
tween any two wires, cables or other conductors, or any wire,
cable or other conductor run, placed, erected or maintained in
violation o f the provisions o f this section ( 2 ) only the wire, cable
or other conductor last in point o f time run, placed, erected or
maintained shall be held to be run, placed, erected or maintained
thus in violation o f said provisions.
Span wires.
Sec. 3. No commission, officer, agent or employee o f the State o f
Nevada, or o f any city and county or city or county or other political
subdivision thereof, and no other person, firm or corporation shall
run, place, erect or maintain any “ span ” wire attached to any
wire, cable or other conductor used to conduct or carry electricity,
without causing said “ span ” wire to be at all times effectively
insulated between the outer point at which it is in any case
fastened to the pole or other structure by which it is hung or
supported, and at the point at which it is in any case thus at
tached: Provided, That such insulation shall not in any case be
placed less than two (2) feet or more than four (4) feet from
said point at which said “ span ” wire is so attached.
E n fo rcem en t.
Sec. 4. The public service commission of the State of Nevada
shall do all things necessary and convenient for the enforcement
of the provisions o f this act, and shall make and prescribe such
rules, regulations and course o f procedure for the enforcement of
the provisions o f this act as such commission shall deem necessary
and proper, and upon application by any person or persons either
in writing or in person, they shall make such further rules and
regulations regarding the construction, maintenance and operation
o f the plants and devices used to generate and distribute electricity
in this State, as may appear necessary and reasonable to them,
which procedure, rules and regulations shall have the same force
and effect as this a c t: Provided, That nothing in this act shall be
construed as vesting judicial powers in said commission or as
denying to any person, firm, association, municipality, county,
town or village the right to test in a court o f competent jurisdic
tion the legality or reasonableness of any final orders made by the
commission in the exercise of its duties and powers.
V io la tio n .
gE # 5 . Any violation of any o f the provisions of this act shall
C
be deemed a misdemeanor and shall be punishable upon convic
tion by a fine of not exceeding five hundred dollars ($500), or by
imprisonment in a county jail not exceeding six ( 6 ) months, or
by both such fine and imprisonment.
in su la tio n o f
power wires.
Construction.
Sec. 6. Each section of this act and every part of each section
are hereby declared to be independent sections and parts of sec
tions, and the holding of any section or part of section to be void
LABOR LAWS— NEVADA— ACTS OF 1913.
1353
or inoperative for any cause shall not be deemed to affect any
other section thereof.
Sec. 8. This act shall take effect six (6 ) months from the date
of its passage in so far as it relates to new work, and a period of
five (5 ) years shall be allowed in which to reconstruct all existing
work and construction to comply with the provisions of this act.
Effect,
C hapter 276.— Employment of labor— False representations .
S ection 1. Any person, persons, partnership, association, comFalse reprepany, or corporation (his or its officers, directors or agents), w h o sentations o f
or which shall employ upon wages any person or persons in any emPi°yers.
occupation, and who or which at the time o f employing such person
or persons shall make any false representation or pretenses as to
having sufficient funds to pay such wages, and who after labor
has been done under such employment by said employee or em
ployees shall fail upon the discharge or resignation o f such em
ployee or employees, for a period of five days after such wages
are legally payable, to pay said employee or employees on demand
the wages due said employee or employees for such labor, shall
be deemed guilty o f a misdemeanor, and upon conviction therefor,
shall be punishable by imprisonment in the county jail not to ex
ceed six months, or by a fine not exceeding five hundred dollars
($500), or by both such fine and imprisonment.
C hapter 283.— Hours of labor of employees on railroads.
Section 1. The provisions o f this act shall apply to any common
Application
carrier or carriers, their officers, agents and employees, engaged in of law.
the transportation o f passengers or property by railroad in the
State o f Nevada. The term “ railroad,” as used in this act shall
include all bridges and ferries used or operated in connection
with any railroad, and also all the road in use by any common
carrier operating a railroad, whether owned or operated under a
contract agreement, or lease and the term “ employees,” as used
in this act shall be held to mean persons actually engaged in or
connected with the movement o f any train.
Sec. 2. It shall be unlawful fo r any common carrier, its officers, Limit of sixor agents, subject to this act, to require or permit any employee teen llourssubject to this act to be or remain on duty for a longer period
than sixteen consecutive hours, and whenever any such employee
o f such common carrier shall have been continuously on duty for
sixteen hours he shall be relieved and not required or permitted
again to go on duty until he has had at least ten consecutive
hours off duty; and no such employee who has been on duty
sixteen hours in the aggregate in any twenty-four-hour period
shall be required or permitted to continue or again go on duty
without having had at least eight consecutive hours off duty:
Provided, That no employee who by the use o f the telegraph or
telephone or other electrical device, dispatches, reports, transmits,
receives or delivers, orders or who from towers, offices, places
and stations operates signals or switches or similar mechanical
devices controlling, pertaining to, or affecting the movement o f
trains of more than two cars shall be required or permitted to
be or remain on duty in any twenty-four-hour period for a longer
period than eight hours, which period o f eight hours shall b e . Eight hours
wholly within the limits of a continuous shift and upon the com- e^ m lsPatc es>
pletion o f which period such employee shall not be required or per
mitted to again go on duty until the expiration o f sixteen hours.
This proviso shall not apply to employees who in case o f emergency
use the telephone to obtain orders or information governing the
movement o f trains: Provided further, In case o f emergency, when
the employees named in this proviso may be permitted to be and
remain on duty for four additional hours in a twenty-four-hour
period o f not exceeding three days in any week.
Sec. 3. Any such common carrier, or any officer or agent thereof, Violation,
requiring or permitting any employee to go, be, or remain on duty
1354
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
in violation of tlie second section liereof, sliall 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) and
not more than five hundred dollars ($500) for each and every
violation o f this act, in a suit or suits to be brought by the dis
trict attorney in the district courts o f the State o f Nevada hav
ing jurisdiction in the locality where such violation shall have
been committed; and it shall be the duty o f such district attorneys
to bring such suits upon satisfactory information being filed with
him ; but no such suit shall be brought after the expiration of
one year from the date o f such violation; and it shall also be the
duty o f the State railroad commission to lodge with the proper
district attorneys information o f any such violations as may come
to its knowledge. In all prosecutions under this act the com
mon carrier shall be deemed to have had knowledge o f all acts
Proviso.
0f all its officers and agents: Provided, That the provisions of
this act shall not apply in any case o f casualty or unavoidable
accident or the act of God; nor where the delay was the result
o f a cause not known to the carrier or its officers or agent in
charge of such employee at the time said employee left terminal
and which could not have been for seen [foreseen]: Provided fur
ther, That the provision o f this act shall not apply to the crews
o f wrecking or relief trains: Provided further, That the pro
visions of this act shall not apply to railroads not maintaining a
regular night train schedule.
Enforcement.
S ec. 4. It shall be the duty o f the State railroad commission
to execute and enforce the provisions of this act, and all powers
granted by law to the State railroad commission are hereby
extended to it in the execution o f this act.
C hapter
285.— Mime regulations— Certain
English.
employees
to
spealc
Men handling S ection 1. It shall be unlawful for any person, firm or cor*
explosives, etc. p0ration to employ in any underground mine in the State of Ne
Violation.
vada, or in the handling o f explosives either in underground
mines or surface mine workings in the State of Nevada, any per
son or persons who cannot clearly speak and readily understand
the English language, or who cannot readily read and understand
any sign, notice or list of rules, or directions, printed in the
English language in regard to rules o f safety in said underground
mine, or in the handling of said explosives.
sec . 2. Any person, firm or corporation, violating any o f the
provisions o f this act shall be deemed guilty o f a misdemeanor
and upon conviction thereof shall be punished by a fine of not
less than one hundred ($100) dollars, nor more than five hun
dred ($500) dollars, or by imprisonment in the county jail for
not more than six months, or by both such fine and imprisonment.
NEW HAMPSHIRE.
PUBLIC STATUTES—1891.
C hapteb
159.—Railroads— Safety appliances.
S ection 26. The proprietors o f every railroad shall erect and
Telltales to
maintain bridge guards at each end o f every bridge or other be erectedstructure erected less than eighteen feet above the track of their
railroad, the character and location o f which shall be approved
by the board o f railroad commissioners.
Sec. 27. I f the proprietors o f any railroad shall fail to comply
Penalty,
with the provisions o f the preceding section, they shall forfeit fifty
dollars for each month of continuance in such failure.
C h apteb
180.—Employment of women amd children— Hours of
labor.
Section 14 (as amended by chapter 94, Acts o f 1907). No woman
Hours of laand no minor under eighteen years o f age shall be employed in a bor.
manufacturing or mechanical establishment for more than nine
hours and forty minutes in one day except in the following cases:
I. To make a shorter day’s work for one day in the week. II. To
make up time lost on some day in the same week in consequence o f
the stopping o f machinery upon which such person was dependent
for employment. III. When it is necessary to make repairs to
prevent interruption o f the ordinary running o f the machinery.
In no case shall the hours o f labor exceed fifty-eight in one week.
Sec. 15. The proprietors o f every such establishment shall keep
Schedule to
posted in a conspicuous place in every room where such persons be posted,
are employed a notice printed in plain, large letters, stating the
exact time o f beginning and of stopping work in the forenoon and
in the afternoon, and the number of hours’ work required o f them
each day o f the week.
Sec. 16. I f any owner, agent, superintendent, or overseer of any
Penalty,
such establishment shall willfully violate the provisions of either
of the two preceding sections, he shall be fined not exceeding
fifty dollars for each offense.
S ec. 17. A certificate o f the age o f a minor, made by him and by
Certificate,
his parents or guardian and presented to the employer at the time
the minor is employed, shall be conclusive evidence of his age
upon a prosecution for the violation of the provisions of section
fourteen.
Sec. 18. I f any person shall make and utter a false certificate F a lse statein regard to the age o f a minor, with intent to evade the pro- m en t.
visions of this chapter, he shall be fined twenty-five dollars, or be
imprisoned thirty days, or both, for each offense.
Sec. 19. * * * Prosecutions under sections sixteen and
L im ita tio n ,
eighteen shall be barred unless begun within one year after the
offense was committed.
C hapteb
180.—Hours of labor.
Section 20. In all contracts relating to labor, ten hours’ actual
T e n hours a
labor shall be taken to be a day’s work unless otherwise agreed day’s workby the parties.
C hapteb
180.—Payment of wages— Weekly pay day.
Section 21 (as amended by chapter 134, Acts o f 1909). Every
manufacturing, mining, quarrying, stonecutting, mercantile, rail
1355
w h o to pay
w ages w eekly.
1356
B U L L E T IN OF T H E BU REA U OF LABOR STATISTICS.
road, telegraph, telephone, express, aqueduct, and municipal cor
poration employing more than ten persons at one time shall pay
the wages earned each week by their employees who work by the
day or week within eight days after the expiration o f the week,
or upon demand after that time. Every such corporation shall
post a notice in a conspicuous place in its office that it will pay
its employees’ wages as above, and shall keep the same so posted.
Penalty.
Sec. 22. I f any such corporation shall violate the provisions of
the preceding section, it shall be fined not more than twenty-five
dollars for each offense, provided a prosecution therefor is begun
within thirty days after the offense is committed, but not other
wise.
Exceptions.
S ec. 23. The provisions of the two preceding sections shall not
apply to municipal officers whose services are paid for by the day,
nor to teachers employed by school districts.
C hapter 201.— Wages as preferred claims—In assignments.
Order of paySection 32. The following claims are entitled to priority, and
m e n t of de- gi^n
pai<j
f un in the order nam ed: .
manas.
L Debtg due the TJnited gtates, and all taxes.
II. Wages due an operative, clerk, or servant, not exceeding
fifty dollars, for labor performed within six months prior to the
beginning o f the insolvency proceedings.
III. Taxable costs in any suit begun in good faith in which an
attachment is dissolved by the insolvency proceedings.
C hapter 215.—Assignments of wages— Future earnings.
Assignments
Section 4. No assignment of, or order for, wages to be earned
not valid unless jn the future shall be valid against a creditor of the person mak-
e *
ing it, until it has been accepted in waiting and a copy o f it and of
the acceptance has been filed with the clerk of the town or city
where the party making it resides. The clerks o f towns and
cities shall keep for public inspection an alphabetical list o f all
such orders and assignments filed with them.
C hapter 245.—Exemptions of wages from execution.
Certain wages
Section 20. The money, rights, and credits o f the defendant
exempt.
shall be exempt from trustee process in the following instances,
and the trustees shall not be chargeable therefor:
I. Wages for labor performed by the defendant after the service
o f the writ upon the trustee.
II. Wages of the defendant earned before service o f the writ
upon the trustee, to the amount o f twenty dollars, except in ac
tions brought to recover for necessaries furnished to the defendant
or any o f his family.
III. Wages for the personal services and earnings of the wife
and minor children o f the defendant.
*
*
*
*
*
C hapter 2G4.—Interference with employment.
Insults, etc.
Penalty.
S ection 2. No person shall address any offensive, derisive, or
annoying word to any other person who is lawfully in any street
or other public place, nor call him by any offensive or derisive
name, nor make any noise or exclamation in his presence and
hearing wT intent to deride, offend, or annoy him, or to prevent
ith
him from pursuing his lawful business or occupation.
S ec. 20. A person convicted o f any offense mentioned in the pre
ceding sections shall be fined not exceeding twenty dollars, or be
imprisoned not exceeding six months.
C h apter
265.—Employment
of children— Certain employments
forbidden-.
Acrobati c,
S e c t io n 3. I f any person shall employ or exhibit a child under
tions°CCUpa"the age of fourteen years in dancing, playing on musical instru
ments, singing, walking on a wire or rope, or riding or performing
LABOR LA W S-----N E W
H A M P S H IR E -----P U B LIC
STATU TES---- 1891.
1357
as a gymnast, contortionist, or acrobat in any circus or theatrical
exhibition, or in any public place whatsoever, or shall cause, pro
cure, or encourage any such child to engage therein, or if any
person having the custody or control o f any such child shall per
mit him to be so employed, such person shall be fined not exceed
ing one hundred dollars; but nothing in this section shall be con
strued to prevent the education o f children in vocal and instru
mental music, or their employment as musicians in any church,
chapel, or school, or school exhibition, or to prevent their taking
part in any concert or musical exhibition.
Sec. 7. No person shall in any manner hire, employ, or use any
Employment
minor to sell, or give away, or in any manner to distribute any to sell obscene,
such literature, picture, or advertisement [devoted to the publica’
a e*
tion or illustration o f stories or accounts o f bloodshed, lust, or
crime, or principally made up o f police reports and criminal
news].
Sec. 8. No person having the care or control of a minor child Permitting to
shall permit such child to sell or give away any such reading sel1matter or any such advertisement.
Sec. 9. I f any person shall violate any o f the provisions o f the
Violations,
three preceding sections, he shall be fined not more than one
hundred dollars, or be imprisoned not more than six months, or
both.
C hapter 266.—Interference with employment.
Section 12. I f any person shall interfere in any way whatever interference
to injure or damage another in his person or property, while en- with workmen,
gaged in his lawful business, trade, or occupation, or while on the
*
way to or from the same, or shall endeavor to prevent any person
from engaging in his lawful business, trade, or calling, he shall
be fined not exceeding five hundred dollars, or be imprisoned not
exceeding one year: Provided, however, It shall not be unlawful Proviso,
for any person to reason, talk or argue with, and by arguments
persuade or induce such other person to do any act or thing or
pursue any line o f conduct which is not the commission of an
offense under the laws o f this State.
C hapter 271.— Sunday labor.
Section 3. No person shall do any work, business, or labor o f
Sunday labor
his secular calling to the disturbance o f others, on the first day forbidden,
of the week, commonly called the Lord’s day, except works o f
necessity and mercy, and the making o f necessary repairs upon
mills and factories which could not be made otherwise without
loss to operatives; and no person shall engage in any play, game,
or sport on that day.
Sec. 5. No person shall keep his shop, warehouse, cellar, restau- Trafficking,
rant, or workshop open for the reception o f company, or shall sell
or expose for sale any merchandise whatsoever on the Lord’s d a y;
but this section shall not be construed to prevent the entertain
ment o f boarders, nor the sale o f milk, bread, and other neces
saries o f life, nor drugs and medicines.
Sec. 10. I f any person shall be guilty o f a breach o f any pro- Penalty,
vision o f this chapter, he shall be fined not exceeding ten dollars
or be imprisoned not exceeding thirty days, or both, unless other
wise specially provided, and .he may be required to give sureties
to be o f good behavior for one year.
Sec. 13. No prosecution for the violation o f any provision o f this
Limitation,
chapter shall be sustained unless begun within thirty days after
the commission o f the offense.
C hapter 273.—Labor organizations—Embezzlement of funds by
officers.
Section 17 (as amended by chapter 1, Acts of 1905). I f any Embezzl eofficer, agent, or servant o f a corporation, public or private, or the me
clerk, servant, or agent o f a person, shall embezzle or fraudulently
1358
B U L L E T IN OF T H E BU REA U OF LABOR STATISTICS.
convert to his own use any money, bill, note, or security for
money, evidence o f debt, or other effects or property whatever o f
such person or corporation, or in their possession or keeping, or
shall knowingly or voluntarily pay or deliver any such money,
bill, note, security for money, evidence o f debt, or other effects or
property to any person or to the order o f any person, knowing
that such person is not entitled to receive it, and punishment is
not otherwise specially provided for the offense, he shall be fined
not exceeding two thousand dollars, or be imprisoned not exceedT ra d e-u n io n s, ing five years, or both.
And if any officer, agent, clerk or servant
etc*
o f any incorporated or unincorporated trades-union, fraternal or
benevolent association, club, society, or other association of per
sons levying assessments or dues upon its members or supported
in whole or in part by their voluntary contribution, shall em
bezzle, fraudulently convert, or knowingly or voluntarily misapply
any money or other effects or property o f such association as afore
said, he shall be deemed guilty o f an offense under this section
and punished as herein provided, notwithstanding that he may
have an interest in said money, effects, or property.
ACTS OF 1893.
C hapteb 30.—Railroads—Bridges oi'er trades, etc.
Section 1. The board o f railroad commissioners may require
tlie proprietors of a railroad to raise any railroad bridge and any
overhead highway bridge, and in the case o f a highway bridge to
change the approaches thereto so as to make them as nearly level
as practicable. Whenever it is necessary, in complying with such
requirement o f the commissioners, to raise or lower or otherwise
change the location o f a highway outside the railroad location,
any land needed for that purpose shall be taken, and the damage,
if any, to landowners shall be appraised and paid, in the manner
described in chapter 158 o f the Public Statutes. Any party ag
grieved by such appraisal shall have a right of appeal as provided
in said chapter. The expense o f such improvements shall be paid
in the first instance by the railroad corporation, but, upon its peti
tion, the commissioners may apportion such part of the cost out
side the railroad location, as is in their Judgment just, to the city
or town, and the railroad may recover the amount so apportioned
in an action of debt. Proceedings under this act shall only be had
after due notice to the railroad corporation, the town or city offi
cials, and the landowners, and all orders and findings o f the com
missioners shall be filed with the clerk of the town or city in
which such bridge is located, and served upon the railroad cor
poration.
H e i g h t of
S ec. 2. No covered railroad bridge shall hereafter be constructed
new structures. in ^his state with less than twenty-one feet between the top of
the rails and the lowest point of the overhead structure, except
with the written consent o f the railroad commissioners, said con
sent to be filed and recorded in the office o f the secretary o f state,
and no railroad corporation shall receive or haul any freight car
exceeding fourteen feet in height from the rails to the top o f the
running board.
renalty.
S ec. 3. Neglect by any railroad corporation to comply with the
orders o f the commissioners, within a reasonable time to be speci
fied in such orders, shall be punished by a fine of $50 per day, to
be collected by the commissioners in the name and for the use of
the State in an action of debt.
A lte r a tio n s
m a y foe order-
C hapter 4S.— Bureau of labor— Commissioner.
Duties.
Section 5. The duties of the commissioner shall be to collect,
assort, arrange, and present in annual reports, on or before the
first day of January each year, statistical details relating to all
departments of labor in the State o f New Hampshire, especially in
LABOR LAWS----NEW HAMPSHIRE----ACTS OF 1893.
1359
relation to tlie commercial, industrial, social, educational, and
sanitary condition o f the laboring classes, and the permanent pros
perity of tlie productive industry o f the State.
ACTS OF 1895.
C hapter
16.— Seats for female employees.
S e c t i o n 1. Every person, firm, or corporation employing females
S e a ts to be
in any manufacturing, mechanical, or mercantile establishment in Provided,
this State, shall provide suitable seats for the use of the females
so employed, and shall permit the use of such seats by them when
they are not necessarily engaged in the active duties for whicli
they are employed.
Sec. 2. Any person, firm, or corporation violating any o f the prorenalty.
visions of this act shall be punished by a fine of not less than ten
dollars nor more than thirty dollars for each offense.
ACTS OF 1899.
C h apter
69.—Protection of employees on street raihvays—In
closed platforms.
S e c t i o n 1. All cars used by any street railway company in the
P la tfo r m s to
transportation o f passengers shall have the platforms o f such cars be inclosedinclosed in such manner as the railroad commissioners direct, to
protect the motormen, conductors, or other employees operating
said cars from exposure to the inclemency o f the weather during
such months and upon such streets, highways, or routes as the
railroad commissioners shall direct, after a hearing by said board,
upon petition or o f their own motion, and upon personal notice to
the street railway company or companies interested, and such
further notice as said railroad commissioners may deem expedient
and order. And said board shall have authority to modify,
change, and revise any orders by it made under this act from
time to time, after personal notice to the street railway company
affected, giving it a chance to be heard, and such further notice as
it may deem expedient.
S ec. 2. Any street railway company which fails or neglects to
Penalty,
comply with such orders o f the board o f railroad commissioners
shall be fined not more than fifty dollars ($50) for each day dur
ing which such failure or neglect continues.
S ec. 3. The term “ company,” as used in this act, shall include
Definition,
any corporation, partnership, or person owning or operating a
street railway.
ACTS OF 1901.
C hapter
G .—
O -Employment offices.
S e c t i o n 1. Whoever, without a license therefor, establishes or
keeps an intelligence office for the purpose o f obtaining or giving
information concerning places o f employment for domestics, serv
ants, or other laborers, or for the purpose o f procuring or giving
information concerning such person for or to employers, or for
the purpose of procuring or giving information concerning em
ployment in business, shall pay a fine o f ten dollars for each day
such office is so kept.
L icen se
quired.
re
Sec. 2. The mayor and aldermen o f any city, or the selectmen
W h o m ay iso f any town, may, for the purposes mentioned in the preceding sue llcensessection, grant licenses to suitable persons, subject to the pro
visions of sections 3 to 7, inclusive, and may revoke the same at
pleasure.
Sec. 3. Licenses granted to keepers o f intelligence offices shall
R ecords,
be signed by the clerk o f the city or town in which they are
granted, and every such license shall be recorded by the clerk of
the city or town in a book kept for that purpose, before being
1360
Fee*
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
delivered to tlie licensee. Such license shall set forth the name of
the person licensed, the nature o f the business, and the building
or place in such city or town in which it is to be carried on, and
shall continue in force until the first day of May next ensuing,
unless sooner revoked.
S ec. 4. The board issuing such a license shall receive for the use
o f the city or town for each license such sum not less than two
dollars as the board shall deem reasonable.
Time of isSec. 5. Such license may be granted during the month of April,
sueto take effect on the first day of May then next ensuing.
Restriction
S e c . 6. No license issued as aforesaid shall be valid to protect
as to place.
hoi^ej. thereof in a building or place other than that desig
nated in the license, unless consent to removal is granted by the
mayor and aldermen or selectmen.
Revocation.
gEa 7 . when such license is revoked, such clerk shall note the
revocation upon the face of the record of the license, and shall
give written notice to the holder o f the license by delivering the
same to him in person or leaving it at the place of business desig
nated in the license.
ACTS OF 1903.
C hapter
95.—Employment of tcomen and minors in barrooms—
Sale of liquor to employees.
S e c t i o n 17 (as amended by chapter 49, Acts of 1905). It shall
not be lawful
*
*
*
*
*
*
*
Who may not
2 . To permit any girl or woman * * * to sell or serve any
employed. ijqUor on the premises; or to permit any male person under the
age of twenty-one years to sell or serve any liquor on the premises,
except to bona fide registered guests in their rooms and in dining
rooms with meals under licenses o f the first class.
*
*
*
*
*
Employers gEC. 27 (as amended by chapter 49, Acts o f 1905). The * * *
ticZ glVe n0 employer o f a person who has the habit o f drinking intoxicating
liquor to excess * * * may give notice in writing, signed by
him or her, to any person requesting him not to sell or deliver such
liquor to the person having such habit. The notice provided for
in this section may be served by any officer duly qualified to serve
process or by any individual o f lawful age. Such officer or in
dividual shall make return o f service o f said notice to the clerk
o f the city or town in which such service is made, giving the name
o f the party on whom served, the location by street and number,
if any, o f the place o f business o f the licensee on whom service is
made, and the date and hour o f service. An officer making service
of such notice shall make his return thereon as upon civil process.
An individual making service o f such notice shall sign and make
oath to the return thereon. The clerk o f the city or town in
which such service is made shall receive, file and preserve a
copy o f such notice and return without charge therefor. If the
person so notified, at any time within twelve months thereafter,
sells or delivers any liquor to the person having such a habit,
or permits him to loiter on his premises, the person giving the
notice may, in an action o f tort, recover o f the person notified,
not less than one hundred nor more than five hundred dollars, as
may be assessed as damages; but an employer who gives such
notice shall not recover unless he is injured in his person or
property, and a druggist or apothecary shall not be liable hereun
der for a sale made upon the prescription of a physician. * * *
ACTS OF 1907.
C hapter
113.— Safety appliances on electric railways—Power
brakes.
•iwided5 t0 ^
Section 1. On or before May 1st, 1910, all eight-wheeled or
double-truck cars, so called, operated by electric power, for the
LABOR LAWS----NEW HAMPSHIRE---- ACTS OF 1907.
purpose o f conveying passengers, by any street railway in the
State of New. Hampshire shall be provided with power brakes of
a standard of efficiency to be approved by the railroad commis
sioners.
Sec. 2. Any street railway failing to comply with the provisions
o f section 1 of this act shall be liable to a fine of ten dollars ($10)
per day for each car operated without such equipment.
C hapter
136i
Violation,
137.—Fire eseapes on factories, etc.
S ection 1 (as amended by chapter 215, Acts of 1913). No
Fire
esbuilding three or more stories in height, any part of which is capes required,
used or occupied above the second story as a * * * factory,
mill or workshop shall be let, leased or occupied for such pur
poses unless provided with a steel or wrought-iron balcony and
stairway fire escape built and attached to the outer wall in such
manner and place as to render egress from said building easy
and safe. I f said building be o f a length greater than one hun
dred and fifty feet it shall be provided with one additional such
fire escape for every additional one hundred and fifty feet or frac
tional part thereof. Every building in which laborers are em
ployed shall be provided with sufficient means of escape in case
of fire by more than one egress each o f which shall be at all
times free from obstruction and ready for immediate use. Every
door leading in or to any such building shall be so constructed
as to open outward when practicable, and shall not be locked,
bolted, or fastened during working hours as to prevent free
egress. The provisions of this section shall not apply to any such
building as shall be adequately equipped with an approved
sprinkler system and stairways inclosed with walls o f fireproof
material, or other means o f exit duly approved in writing by the
building inspector, chief o f fire department, or board o f selectmen.
S e c . 2 (as amended by chapter 1 6 4 , Acts o f 1 9 0 9 ) . Such fire Construction,
escapes shall reach within eight feet o f the ground and the loca
tion o f the exits thereto shall be designated by red lights during Exits,
such hours o f the night as the building is occupied for the pur
poses designated in section 1 o f this a c t
Sec. 3 (as amended by chapter 164, Acts o f 1909). I f any perViolations,
son shall violate any o f the provisions o f this act, he shall be fined
not exceeding five hundred dollars or imprisoned not exceeding
six months, or both, and it shall be the duty o f said officers to
enforce the provisions o f this act.
C hapter
142.—Barbers—Regulations of practice.
S e c t i o n 1 (as amended by chapter 15, Acts o f 1913). Boards
R ules a n d
o f health o f towns and cities are hereby authorized and directed regu lation s,
to promulgate the following rules and regulations for the man
agement of barber shops. Barber shops or places where the
trade is carried on shall be kept at all times in a cleanly condi
tion. Mugs, shaving brushes, razors, tweezers, needles, or lances
shall be sterilized by immersion in boiling water or some steriliz
ing solution before every separate use thereof, and hair brushes,
combs and neck dusters shall be sterilized each morning and the
same shall be kept in a cleanly condition at all times. Fresh
clean towels, or sterilized towels shall be used for each person.
Alum, or other material, used to stop the flow o f blood shall be
used only in powdered form. The use of powder puffs and
sponges is prohibited. Every barber shop shall be provided with
running hot water, where water under pressure is available. No
person or persons shall be allowed to sleep in any room used
wholly or in part for tonsorial purposes, nor shall the business
o f a barber be carried on in any room used as a sleeping apart
ment. Every barber shall keep his hands thoroughly cleansed,
and the headrest o f every chair shall be protected with clean
paper before serving any customer.
39387°— Bull. 148, pt 2— 14------ 10
1362
B U L L E T IN OF T H E B U REA U OF LABOR STATISTICS.
Violations.
E n forcem en t.
Sec. 2. Any person violating any of the rules and regulations
prescribed herein, or any other rules and regulations, prescribed
by the boards of health for the protection of the public health in
barber shops shall be fined not less than ten dollars for each
offense.
Sec. 3. From and after the passage of this act it shall be the
duty of boards of health in the several towns and cities to regu
larly inspect all barber shops and prosecute such violation of the
rules and regulations as may come or be brought to their notice.
ACTS OF 1911.
C hapter 30.—Accidents in factories—Provision for first aid.
M edical, e tc.,
suppiies.
V io la t io n s .
Section 1. Every person, firm or corporation operating a factory or shop in which power machinery is used for any manufac
turing purpose and in which three or more persons are employed,
or for any purpose except for elevators, or for heating or hoist
ing apparatus, shall at all times keep and maintain, free o f ex
pense to the employees, such a medical and surgical chest as shall
be required by the local board of health of any city or town
where such machinery is used, containing plasters, bandages, ab
sorbent cotton, gauze, and all other necessary medicines, instru
ments and other appliances for the treatment o f persons injured
or taken ill upon the premises.
Sec. 2. Any person, firm or corporation violating this act shall
be subject to a fine of not less than five dollars nor more than five
hundred dollars for every week during which such violation
continues.
C hapter 5S.— Employment of labor—Foremen, etc., accepting fees.
A ccep ta n ce
forbidden.
W ork m e n n o t
to offer fees.
V io la tio n s.
S e c t i o n 1. No agent, superintendent, foreman, or other empioyee of any corporation, firm, copartnership, or o f any person,
shall obtain money or property o f any kind whatsoever, or obtain a
promise to pay money or property .of any kind whatsoever, from,
for, or in behalf o f any person for the purpose o f procuring em
ployment for such person in the service o f said corporation, firm,
copartnership, or person.
Sec. 2. No person whomsoever shall offer, or promise to pay
m0ney or other property of any kind to any agent, superintendent,
foreman, or employee of any corporation, firm, copartnership, or
of any person whomsoever, for the purpose of securing employ
ment, or promise of employment for any other person or persons,
in the service of said corporation, firm, copartnership, or person.
Sec. 3. Any violation o f any o f the provisions o f this act shall
be punished by fine not exceeding one hundred dollars, or by im
prisonment not exceeding one year, or both.
C o n stru c tio n
Sec. 4. The provisions o f this act shall not be so construed as
of act*
to affect or impair the right of any corporation, firm, copartner
ship or person to hire laborers, or accept apprentices in the ordi
nary and usual course o f business, or in any way abridge the
right to obtain and exercise licenses to run employment offices as
provided by law.
C hapter 78.—Payment of wages—Payments to be in cash.
C a s h pay- Section 1. Weekly payment o f wages by every manufacturing,
ments required. jjjjnjng? quarrying, stonecutting, mercantile, railroad, telegraph,
telephone, express, aqueduct, and municipal corporation as con
templated by section 21, chapter 180 of the Public Statutes, as
the same was amended by chapter 134 o f the Session Laws of
1909, shall be made in cash, and no employee shall be compelled
by his employer to accept any goods or merchandise in payment
o f wages.
LABOR LAWS----NEW HAMPSHIRE---- ACTS OP 1911.
1363
Checks per
S ec. 2. Nothing in the preceding section shall be held to invali
date or prevent payment of wages by check or checks wherever mitted.
such form of payment is acceptable to the employee to whom
payment is made.
C h a p t e r 162.—Employment
of children— General provisions.
Age limit.
S ection 1 (as amended by chapter 224, Acts o f 1913). No child
under the age o f fourteen shall be employed or permitted or
suffered to work, in, about, or in connection with, any mill, fac
tory, workshop, quarry, mercantile establishment, tenement house
manufactory or workshop, store, business office, telegraph or tele
phone office, restaurant, bakery, hotel, barber shop, apartment
house, bootblack stand or parlor, or in the distribution or trans
mission of merchandise or messages.
Work during
S ec. 2. No child under the age o f sixteen shall be employed, or
permitted or suffered to work, in any establishment named in sec school time.
tion 1 during the time in which the public schools are in session
in the district in which he resides, unless he can read understandingly and write legibly simple sentences in the English language:
Provided, however, That if any child shall have reached the age
o f fourteen and shall have attended an English-taught school
regularly for not less than three years and shall then be deemed
by the superintendent o f schools, or other person authorized to
grant employment certificates, to be mentally incapable o f learn
ing to read and write legibly the English language in the regular
schools, the case may be referred to the State superintendent o f
public instruction, who, after investigation either by himself or
by his agent, may issue a permit authorizing the employment o f
such child even though such child may be unable to read understandingly and write legibly simple sentences in the English
language.
Inspection.
S ec. 3. Whenever requested by the superintendent o f public
instruction, the State board o f health shall cause to be made an
inspection o f any factory or other place in which children under
the age o f sixteen are employed, and may require the discharge o f
any child or children found employed therein who by reason o f
physical condition, o f unsanitary conditions o f employment, or
of development below the normal development o f children of that
age, cannot in their judgment continue to be employed without
undue risk to health.
S ec. 4. No boy under ten and no girl under sixteen years o f age Street trades.
shall sell or expose or offer for sale newspapers, magazines,
periodicals or other merchandise in any street or public place.
No child shall work as a bootblack in any street or public place
unless he is over ten years o f age.
Sec. 5. No person under the age of eighteen years shall be em Nightwork of
ployed or permitted to work as a messenger for a telegraph, tele messergers, etc.
phone, or messenger company in the distribution, transmission,
or delivery of goods or messages before five o’clock in the morn
ing or after ten o’clock in the evening o f any day.
Hours of la
S ec. 6 (as amended by chapter 224, Acts of 1913). No boy under
the age of sixteen years, and no girl under the age o f eighteen bor.
years, shall be employed or permitted or suffered to work
at any gainful occupation, other than domestic service or work
on a farm, more than fifty-eight hours in any one week, nor more
than eleven hours in any one d a y ; nor before the hour o f half past
six o’clock in the morning, nor after the hour o f seven o’clock in
the evening, except that minors sixteen years o f age or over
may work in retail stores and telephone exchanges until ten Nightwork.
o’clock in the evening, and boys fourteen years or over may
deliver newspaper routes after five o’clock in the morning, and
boys twelve years old or over may deliver newspaper routes
between four and eight o’clock in the evening.
Certificates.
S ec. 7. No child under sixteen years o f age shall be employed,
or permitted or suffered to work, in, about, or in connection with,
any place
or establishment named in section 1, unless the person,
1364
B U L L E T IN OF T H E BU REA U OF LABOR STATISTICS,
firm, or corporation employing sucli cliild, procures and keeps on
file, and accessible to any truant officer, or other authorized in
spector, an employment certificate as hereinafter prescribed.
Surrender of
Sec. 8. On the termination o f the employment o f a child whose
certificates.
employment certificate is on file, such certificate shall be kept
by the employer and surrendered to any authorized inspector on
demand.
Who to issue.
Sec. 9. An employment certificate shall be issued only by the
superintendent of schools, or where there is no superintendent,
by a person authorized by the school board: Provided, however,
That no person authorized as aforesaid shall have authority to
issue such certificate for any child then in or about to enter such
person’s own employment, or the employment o f a firm or corpora
tion o f which he is a member, officer, or employee: in the city o f
Manchester the provisions o f chapter 205 of the Session Laws o f
1905 shall remain in force, but the person appointed under such
provisions shall be subject to the terms of this act.
Proof of age,
S ec. io. The person authorized to issue an employment certifietc*
cate shall not issue such certificate until he has received, examined,
approved and filed the following papers duly executed: (1) The
school record o f such child properly filled out and signed, as pro
vided in this act. (2) A passport or duly attested transcript of
the certificate o f birth or baptism or public record, showing the
date and place o f birth of such child. (3) A certificate from a
medical officer of the local board o f health, or from a physician
designated by the school board, certifying that the child has
reached the normal development o f a child o f his age, and that
he is in sufficiently sound health and physically able to perform
the work which he intends to do.
Appearance
gE # n . No employment certificate shall be issued until the
C
m person.
child in question has personally appeared before and been ex
amined by the person issuing the certificate.
Contents of
Sec. 12. Every such employment certificate shall state the
certinca .
name, sex, and date and place o f birth, o f the child, shall de
scribe the color o f hair and eyes, the height and weight and any
distinguishing facial marks of such ch ild; that all papers required
by the preceding sections have been duly examined, approved and
filed; that the child named in the certificate has appeared before
the person signing the same and been examined; and that such
child has been found to be able to read under standingly and write
legibly simple sentences in the English language. Every such
certificate shall be signed, in the presence o f the person issuing
the same, by the child in whose name it is issued, and shall show
the date o f its issue.
School r e c S ec. 13. The school record required by this act shall be signed
ordby the principal or chief executive officer o f the school which the
child has attended, and shall be furnished on demand to a child
entitled thereto. Such record shall certify that the child has
regularly attended the public schools, or private schools lawfully
approved as such, fo r not less than three hundred half days, as
shown by the school register, during the year previous to his
arriving at the age o f fourteen, or during the year previous to
applying for such school record, and that he is able to read understandingly and write legibly simple sentences in the English
language. Such school record shall also give the date o f birth
and residence o f the child as shown on the records o f the school
and the name o f his parent, guardian or custodian.
Record to be
Sec. 1 4 . The superintendent o f schools or other person authorized to issue employment certificates shall keep a record o f the
same in a book. Such record shall contain a list o f the names
o f all children to whom certificates are granted, numbered con
secutively, together with the date o f issue and the signature of
the officer issuing the certificate, and such books shall be carefully
preserved.
Forms.
S ec. 15. All blank forms for records used in the enforcement
and administration o f this act shall be uniform throughout the
LABOR LAWS----NEW HAMPSHIRE---- ACTS OF 1911.
1365
State, shall be prescribed by the superintendent o f public instruc
tion, and shall be furnished by the State, and methods o f keeping
the same shall be approved by him as being within the contempla
tion of this act.
Sec. 16. The truant officer of each school district shall visit, Enforcement,
inspect, and cause to be enforced the provisions o f this act in
his district, and for this purpose shall have power to serve war
rants.
Sec. 17, The superintendent of public instruction shall appoint
inspectors,
not exceeding three State inspectors, who shall be paid their nec
essary expenses and such compensation as the governor and
council shall determine, not exceeding $1,200 per annum each, and
who shall devote their whole time to their work. The State in
spectors, under the direction of the superintendent of public in
struction, shall inspect all factories and other places o f employ
ment within the contemplation of this act and all records and
methods of enforcement. They shall have the same power as to
enforcement and the serving o f warrants as the several truant
officers. The superintendent of public instruction, with the ap
proval of the attorney general, may employ counsel, and provide
legal assistance whenever the same may, in his opinion, be nec
essary for the enforcement of the provisions of this act, and the
cost thereof shall be a charge upon the appropriation hereinafter
provided.
Sec. 19. An inspector or truant officer shall make demand upon
certifi c a t e
any employer in or about whose place or establishment a child may, e d e *
apparently under the age o f sixteen years is employed, or per- ma
mitted or suffered to work, and whose employment certificate is
not filed as required by this act, that such employer shall either
furnish him within ten days satisfactory evidence that such child
is in fact over sixteen years o f age, or shall cease to employ, or
permit, or suffer such child to work, in such place or establish
ment. The inspector shall require from such employer the same
evidence of age o f such child as is required in the issuance of
an employment certificate, and the employer furnishing such
evidence shall not be required to furnish any further evidence
of the age of the child.
S e c . 2 0 . Whoever employs any child, and w h o e v e r , h a v i n g u n d e r
V io la t io n s ,
his control as parent, guardian or otherwise, any child, permits
or suffers such child to be employed or to work in violation of any
o f the provisions of this act, shall be fined not less than five nor
more than two hundred dollars, or be imprisoned for not less than
ten nor more than thirty days, or both, in the discretion o f the
court.
.
Sec. 21. Whoever continues to employ any child in violation of violation?U
any o f the provisions o f this act, after being notified thereof by
an inspector, or truant officer, shall for every day thereafter that
such employment continues, be fined not less than five nor more
than 'twenty dollars.
Sec. 22. Any person authorized to sign any certificate or paper
F a ls e statecalled for by this act, who certifies to any materially false state- ments*
ment therein, shall be fined hot less than five nor more than two
hundred dollars, or be imprisoned for not less than five nor more
than thirty days, or both, in the discretion o f the court.
Sec. 23. Refusal by an employer to produce any employment
Ref usal to
certificate required by this act shall be prima facie evidence of |?ate.U e c
C
the illegal employment of any child whose employment certificate
is not produced.
Sec. 24. Any superintendent of schools or other person issuing Violations by
employment certificates, who fails to comply with the provisions sc 00 offlcers*
of this act shall be fined not less than five nor more than twentyfive dollars.
Sec. 25. The sum o f six thousand five hundred dollars annually tionPPr° Pria"
is appropriated for the purposes o f this act.
1366
B U L L E T IN OF T H E BU REA U OF LABOR STATISTICS.
C hapter
1G4.—Accidents
to public servicc employees— Reports
and investigations.
S e c t i o n 15 (as amended by chapter 145, Acts o f 1913). (a ) The
commission shall investigate tlie causes o f all accidents happening
upon the railroads o f tlie State resulting in the loss o f life, and
o f all other accidents happening upon said railroads or in connection witli tlie operation o f public utilities in the State, which,
in the opinion o f the commission, ought to be investigated. Any
such investigation may be made by the full commission, or by a
single commissioner, or by an agent of the commission, in such
manner as the commission may determine.
re(b ) Every railroad corporation and public utility shall report to
^he commission accidents occurring in connection with the opera
tion of its business wherein loss o f life occurs or any person is
injured, or o f such a nature as to endanger the safety, health
or property o f its consumers or the public, as and whenever
directed by such rules and regulations as the commission may
prescribe.
not
( c ) Reports o f accidents filed under the preceding paragraph
shall not be made public otherwise than in the published reports
of the commission.
in v e s tig a -
tion.
R eports
quired.
R eports
public.
C hapter
chapter 70, Acts of 1913). The
is hereby abolished and a bureau
of labor is established in place thereof in accordance with the
provisions o f this act. Said bureau of labor shall consist o f a
labor commissioner who shall be appointed by the governor with
the advice and consent o f the council, within thirty days after the
passage o f this act, and such clerks and assistants as shall be
necessary for the performance o f the duties o f the bureau. The
labor commissioner shall hold his office for three years from the
date of his appointment and until his successor shall be appointed
and qualified, and he may be removed at any time by the governor
with the advice and consent of the council, for cause, and his
successor shall be appointed in the same manner for the same
term. Any vacancy existing in the office o f labor commissioner
shall be filled for the unexpired portion o f the term by appoint
ment by the governor with the advice and consent of the council.
Said commissioner shall appoint a clerk o f the bureau, and such
other clerical assistants as may be necessary and fix their com
pensation subject to the approval of the governor and council.
The records o f said bureau shall be public records open to the in
spection o f any person interested. The salary o f said labor com
missioner shall be one thousand six hundred dollars ($1,600) a
year, payable monthly by the State treasurer in full for his serv
ices, and his actual expenses incurred in the work o f his office
shall be paid by the State treasurer on duly detailed vouchers ap
proved by the governor.
and
Sec. 2. Said labor commissioner shall exercise and perform all
the powers and duties heretofore exercised and performed by the
commissioner o f labor, together with such other powers and duties
as are authorized by this act. It shall be the duty o f the commis
sioner, without notice, at such times as he shall deem it necessary,
to visit the manufacturing, mechanical and mercantile establish
ments in the State, so far as practicable, for the purpose o f ascer
taining whether the laws with reference to the employment o f
help are complied with, and for the further purpose o f ascertain
ing if reasonable sanitary and hygienic conditions are maintained
calculated to promote the health and welfare o f the working
people. I f he shall deem it necessary, he shall transmit to the
legislature a report upon these matters when he shall deem the
occasion o f sufficient importance, with such recommendations as
he shall think advisable. Whenever he shall deem it necessary,
B u reau
crea t
D u ties
pow ers.
of
198.—Arbitration of labor disputes—Bureau of labor.
S e c t i o n 1 (as amended by
. o ffic e 0 f commissioner o f labor
LABOR L A W S---- N E W H A M P S H IR E -----ACTS OF 1911.
1367
the commissioner shall prosecute any offences against the laws
regulating the employment o f help.
S e c . 3 (added by chapter 186, Acts o f 1913). There shall be a
B o a r d of
State board of conciliation and arbitration consisting o f three per conci l i at i on
and
sons who shall be appointed by the governor, with the advice and tion. arbitra
consent of the council, not later than July 1st, 1913, for the terms
of one, two and three years respectively. Thereafter the gov
ernor, with the advice and consent o f the council shall annually,
in June, appoint a member whose term shall be three years from
the first day o f July following. One member o f said board shall
be an employer or shall be selected from an association represent
ing employers o f labor, one shall be selected from a labor organi
zation and shall not be an employer o f labor, and the third shall
be appointed upon the recommendation o f the other two, or if
the two appointed members do not, at least thirty days prior to
the expiration o f a term, or within thirty days after the happen
ing of a vacancy, agree upon a third member he shall then be
appointed by the governor. Each member shall, before entering
upon the duties o f his office, be sworn to the faithful performance
thereof. The board shall choose from its members a chairman,
who shall preside at its meetings.
Mediation.
S e c . 4. Whenever any controversy or difference arises relating
to the conditions o f employment or rates o f wages between any
employer, whether individual, copartnership or corporation, and
whether resident or nonresident, and his or their employees, such
controversy involving the interests o f employees not less than ten
persons in the same general line o f business in this State, the
labor commissioner shall, upon application as hereinafter pro
vided, as soon as practicable thereafter, visit the locality of the
dispute and make careful inquiry into all the conditions and cir
cumstances of the situation, hear all persons interested therein
who may come before him, advise the respective parties what, if
anything, ought to be conceded by either or both, and adjust such
controversy or difference and, within five days after such inquiry,
make a written decision thereon, a copy o f which shall be fur
nished the parties and a copy kept on file in the bureau o f labor.
Application.
• S e c . 5. Said application shall be signed by said employer or by
a m a j o r i t y of his employees in the department o f the b u s i n e s s in
which the controversy or difference exists, or their duly authorized
agent, or by both parties, and shall contain a concise statement
o f the grievance alleged and shall be verified by at least one o f
the signers. When an application is signed by an agent claiming
to represent a majority o f such employees, the commissioner shall,
before proceeding further, satisfy himself that such agent is duly
authorized in writing to represent such employees, but the names
o f the employees giving such authority shall be kept secret by the
commissioner.
Arbitration.
.? S e c . 6 (as amended by chapter 186, Acts o f 1913). Whenever in
case o f any such controversy or difference the employer and em
ployee shall fail to agree to a settlement through the commis
sioner as provided in section 4, then said commissioner shall
endeavor to have said parties consent in writing to submit their
differences to said board o f arbitration. The findings o f said
board o f arbitration shall be final. Said findings shall be binding
upon the parties concerned in said controversy or dispute for six
months, or until sixty days after either party has given the other
notice in writing o f his or their intention not to be bound by the
same. Such notice may be given to said employees by posting
the same in three conspicuous places in the place o f employment.
Pending the decision o f the board the business shall continue
on the existing basis and the employees remain at work and said
board shall render its decision within seven days after the com
pletion of their hearing, and if said hearing is on question o f
wages said decision to revert back to the date when the employees
presented their demand in writing to said employer. The chair
man o f said board shall keep a record o f the proceedings, issue
subpoenas and administer oaths to the members o f said board
1368
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
R e fu sa l to arb itrate.
1
disputesf
Report.
and to any witness said board may deem necessary to summon.
Any notice or process issued by said board may be served by any
sheriff or constable to wliom the same may be directed or in whose
hands the same may be placed for service. Such arbitrators shall
receive eight dollars ($ 8 ) per day for each day actually engaged
in such arbitration and the necessary traveling expenses, to be
paid upon vouchers signed by the labor commissioner with the
approval o f the governor out o f the funds appropriated for the
maintenance o f the bureau o f labor.
gE # 7 ( as amended by chapter 186, Acts of 1913). Upon the
C
failure o f the labor commissioner in any case to secure a refer
ence to said board o f arbitration, it shall become his duty to re
quest a sworn statement from each party to the dispute o f the
facts upon which their dispute and their reasons for not sub
mitting the same to arbitration are based. Any sworn statement
made to the labor commissioner under this provision shall be
for public use and shall be given publicity in such newspapers as
desire to use it.
Sec. 8 (as amended by chapter 186, Acts o f 1913). Whenever it
shall come to the knowledge o f said labor commissioner, either
by notice from a mayor o f a city, the county commissioners, the
president o f a board o f trade, or other representative body, the
president of a central labor council or assembly, or o f any five
reputable citizens, or otherwise, that a strike or lockout is seri
ously threatened or has actually occurred in any city or town of
the State involving an employer and his or its present or past
employees, if at the time such employer is employing, or up to
the occurrence o f the strike or lockout was employing, not less
than ten persons in the same general line of business in any city
or town in this State, and said commissioner shall be satisfied
that such information is correct, it shall be the duty o f such
commissioner, within three days thereafter, to put himself in
communication with such employer and employees and endeavor
by mediation to effect an amicable settlement between them or to
persuade them to submit the matter to said board o f arbitration
and conciliation and to act as hereinbefore provided in case of
disputes and controversies. In case the parties do not agree
to so submit the matter, the said commissioner may investigate
the cause or causes o f such controversy and ascertain which party
thereto is mainly responsible for the continuance o f the same, and
may make and publish a report assigning such responsibility.
Sec. 9. The said commissioner shall annually make a report of
the proceedings of the bureau o f labor to the governor and council
containing the transactions o f the office and such other matters
and recommendations as he shall deem proper.
ACTS OF 1913.
C hapter 38.— Payment of wages—Biweekly pay day—Public em
ployees.
Bi we ekl y
Section 1. All persons performing regular work in the service
payments.
0f j-fie State of New Hampshire who are not under salary shall
receive their wages in biweekly payments.
C hapter
95.—Employers' insurance—Policies.
Conditions of
Section 1. Xo corporation, association, company or other in
policy.
surer shall issue or deliver any policy of insurance against loss
or expense by reason o f claims made upon the assured for dam
ages on account o f bodily injuries suffered by an employee or
employees of the assured, or by any person or persons not em
ployed by the assured, or on account o f damage to or the destruc
tion of property, which shall contain any provision making, or pur
porting to make, the prepayment of any judgment that may be
recovered against the assured upon any claim covered by the
policy, a condition precedent to any right of action against the
insurer upon said policy; but every such policy shall contain an
LABOR LAWS— NEW HAMPSHIRE— ACTS OF 1913.
1369
agreement in clear and explicit terms binding the insurer, to the
extent of the liability assumed- by the policy, to pay and satisfy
any such judgment, and to protect the assured against the levy
o f any execution issued upon the same.
C h apter
116.— Railroads— Construction, etc., of caboose cars.
S e c t i o n 1. The provisions o f this act shall apply to any corporation or to any person or persons while engaged as common car
riers in the transportation by railroad passengers or property
within this State to which the regulative power of this State
extends.
S e c . 2. From and after the first day o f April, 1913, it shall be unlawful for any such common carrier by railroad to build, construct,
purchase or operate within this State any caboose car or other
car used for like purposes unless such caboose or other car shall
be equipped with two four-wheeled trucks: Provided, however,
It shall not be unlawful for said common carrier to operate within
this State such caboose cars or cars used for like purposes as
were in use and operation on its system by said common carrier
on April 1, 1913.
Sec. 3. Any common carrier as provided in section 1 of this act
violating any o f the provisions of this act shall be deemed guilty
of a misdemeanor and upon conviction thereof shall be fined not
less than one hundred ($100) dollars nor more than five hundred
($500) dollars for each offense.
C hapter
Scope of law.
Trucks,
violation,
118.— Occupational diseases— Reports.
S e c t i o n 1. Every physician in this State attending on or called
P h y sicia n to
in to visit a patient whom he believes to be suffering from poison- rep ort,
ing from lead, phosphorus, arsenic, brass, wood alcohol, mercury
or their compounds, or from anthrax, or from compressed-air ill
ness, or any other ailment or disease, contracted as a result of
the nature o f the patient’s employment, shall within 48 hours
send to the State board of health a report stating:
(a ) Name, address and occupation of patient.
(b) Name, address and business o f employer.
(c) Nature of disease.
(d ) Such other information as may be reasonably required by
the State board o f health. The reports herein required shall be
on or in conformity with the standard schedule blanks hereinafter
provided for. The posting o f the report, within the time required,
in a stamped envelope addressed to the office of the State board of
health, shall be a compliance with this section.
Sec. 2. The State board o f health shall prepare and furnish, B lan k s,
free o f cost, to the physicians included in section 1, standard
schedule blanks for the reports required under this act. The
form and contents o f such blanks shall be determined by the State
board of health.
S e c . 3. Reports made under this act shall not be evidence of
R eports not
the facts therein stated in any action arising out o f the disease evidence,
therein reported.
S e c . 4. Any physician who neglects or refuses to send the report
V io la tio n ,
or reports as herein required shall be liable to the State for a
penalty o f five dollars for each offense, recoverable by civil action
by the State board o f health.
Sec. 5. It shall furthermore be the duty o f the State board o f T ra n sm issio n
health to transmit a copy o f all such reports of occupational dis- o f reP ° r t s ease to the commissioner of labor.
C hapter
123.— Mothers' pensions—Aid for dependent children.
S e c t i o n 1. It shall be the duty o f the county commissioners of
each county to provide out o f the moneys in the county treasury
not otherwise appropriated an amount sufficient to meet the pur
poses
of this law for the partial support of women, when such
P ro v isio n
su p port,
tot
1370
B U L L E T IN OF T H E BU REAU OF LABOR STATISTICS.
women are of good repute but poor and dependent on their own
efforts for support and are mothers of children under the age of
sixteen years.
Allowance.
Sec. 2. The allowance to each of such women shall not exceed
ten dollars ($10) a month when she has but one child under the
age of sixteen years, and if she has more than one child under
the age o f sixteen years, it shall not exceed the sum of ten dollars
($10) a month for the first child and five dollars ($5) a month for
each o f the other children under the age of sixteen years.
Conditions.
Sec. 3. Such allowance shall be made by the county commis
sioners upon the recommendation of the school board for the
district in which such mother resides and only upon the following
conditions: (1) the child or children for whose benefit the allow
ance is made must be living with the mother of such child or
children; (2) the allowance shall be made only when in the ab
sence of such allowance the mother would be required to work
regularly away from her home and children, and when by means
o f such allowance she will be able to remain at home with her
children; (3 ) the mother must, in the judgment o f the school
board, be a proper person, morally, physically and mentally, for
the bringing up of her children; (4) such allowance shall in the
judgment o f the school board be necessary to save the child or
children from neglect; (5) no person shall receive the benefit of
this act who shall not have been a resident of the county in
which such application is made for at least two years next before
the making o f such application for such allowance.
D is c o n tin uSec. 4. Whenever any child shall reach the age of sixteen years
ancean allowance made to the mother o f such child shall cease. The
school board for the district in which the mother resides may
recommend at any time before such child reaches the age o f six
teen years that the allowance to any mother and for any child be
discontinued or modified and the county commissioners, in their
discretion, may thereupon discontinue or modify the same.
A p p lic a tio n
o f law .
Sec. 5. The provisions o f this law shall not apply to any woman
who is not dependent on her own efforts for the support of her
self and family and at the time of receiving such aid is not of
good repute and making an earnest effort for self-support.
C h a p ter
15G.—Employment
of tcomen and children— Hours of
labor.
S e c t i o n 1, No female and no minor shall be employed or be
permitted to work in any manufacturing, mechanical or mercantile
establishment, laundry or restaurant, or confectionery store, or
by any express or transportation company, in this State, more
than ten and one-quarter hours during any one day nor more than
fifty-five hours in any one week. The hours may be so arranged
as to permit the employment o f females at any time, but they
shall not work more than ten and one-quarter hours during the
twenty-four hours o f any one day, nor more than fifty-five hours
during one week. If, however, any part o f a female’s daily emW o r k a t ployment is performed between the hours of eight o’clock p. m.
ni£htand six o’clock a. m. of the following day, all the employment
shall be considered nightwork, and no such female so employed
at nightwork shall be employed or permitted to work thereat
more than eight hours in any twenty-four hours nor more than
forty-eight hours during the week. I f any such female is em
ployed not more than one night in the week (after eight o’clock
as herein provided) then such female may be permitted to work
fifty-five hours in any such week: Provided, That at least one
hour for dinner be allowed each female during her working period,
but no part o f such hour shall be considered as a part of the
permitted period of daily employment.
H o u rs o f
la-
t>or-
Notice to be S ec. 2. Every employer shall post in a conspicuous place in
posted.
every room, where such females are employed, a printed notice
stating the hours of commencing and stopping such work, the
1371
LABOR LA W S---- 2TEW H A M P S H IR E ---- ACTS OF 1913.
time allowed for dinner or other meals, and tlie maximum number
o f hours any female employee is permitted to work in any one day.
Sec. 3. The employment o f any female in any such place or
Ev id en ce
of
establishment, as defined in subsection 1, o f this section, at any v 0 atlon*
time other than those of the posted hours o f labor, as hereinbefore
provided for, shall be prima facie evidence o f a violation o f this
act.
Sec. 4. Any person or corporation violating any of the provisions of this act shall be deemed guilty o f a misdemeanor, and
upon a conviction thereof shall be punished by a fine of not less
than fifty nor more than one hundred dollars.
C hapter
P e n a lty ,
185.—Inspection of steam vessels.
S e c t i o n 1. The public service commission, with the approval o f
A p p o in tm en t
the governor and council, shall employ an inspector of electric, f,^L^torieS °f
naptha, gasoline, or steam power boats, whose duty it shall be
to inspect all such boats, and the boilers, engines and hulls thereof,
and their appliances, devices, and equipment for the safety of
passengers and freight, operated as common carriers or kept for
hire on any public water in the State, not subject to the authority
in this respect o f United States inspection laws, or where inspec
tions under such laws are not regularly made. He shall be paid
such salary as may be fixed by the governor and council in equal
monthly payments, together with his expenses when performing
official duties outside o f Concord, which expense account shall be
subject to the audit and approval o f the State auditor. Such in
spector, when not engaged in the examination or inspection of
boats or launches, shall perform such duties with reference to the
department of the public service commission as said commission
shall direct.
Sec. 3. Any person who after July 1, 1913, shall use any boat # O p e r a t i n g
or launch hereinbefore described on any public lake, river or
°ut certifl“
pond in this State without a certificate o f inspection under t h is 0
act, * * * or who shall violate any rule or regulation pre
scribed by the public service commission under authority of this
act with reference to the inspection, equipment or operation of
such boats or launches, shall be subject to a fine of not exceeding
five hundred dollars, or imprisonment for not exceeding one year,
or both such fine and imprisonment. Any person owning, leasing
or operating on any such waters any such boat, not operated as a
common carrier or kept for hire, who shall violate any rule or
regulation prescribed by the public service commission relating
to the equipment or operation of such boats shall be punished
by a fine of not exceeding one hundred dollars or imprisonment
for not more than one year, or by both such fine and imprison
ment, for each offense.
C hapter
188.—Holiday labor.
, S e c t i o n 1. No employee shall be required to work in any mill or
U n n ecessary
factory on any legal holiday, except to perform such work as is^ e£ rk forbid'
both absolutely necessary and can lawfully be performed on the
Lord’s Day.
S e c . 2. Whoever violates the provisions o f this act shall be punviolation,
ished by a fine not exceeding five hundred dollars.
C hapter
208.—Protection of employees as members of labor
organizations.
S e c t i o n 1. No person, corporation, agent or officer on behalf
o f any person or corporation, shall coerce or compel or attempt
to coerce or compel any person or persons into an agreement, either
written or verbal, not to join or become a member of any labor
organization, as a condition o f such person or persons securing
employment or continuing in the employment o f any such person
or corporation.
P r e v e n tin g
1
vSJ?
um
1372
B U L L E T IN OF T H E BU REAU OF LABOR STATISTICS.
Violation.
Sec. 2. A ny person or corporation violating any of tlie pro
visions of this act shall be fined not less than two hundred dol
lars nor more than one thousand dollars, or be punished by im
prisonment in the county jail not to exceed nine months or both.
C h apter 212 .—Employment of labor—Notice of labor disputes.
Section 1. If an employer, during the continuance of a strike
among his employees or during the continuance o f a lockout or
other labor trouble among his employees, publicly advertises in
newspapers, or by posters or otherwise, for employees, or by him
self or his agents solicits persons to work for him to fill the places
of strikers, he shall plainly and explicitly mention in such adver
tisements or oral or written solicitations that a strike, lockout
or other labor disturbance exists.
Act not op
Sec. 2. The provisions o f this act shall cease to be operative
erative, when.
when the State board o f arbitration shall determine that the
business o f the employer, in respect to which the strike or other
labor trouble occurred, is being carried on in the normal and
usual manner, and to the normal and usual extent. Said board
shall determine this question as soon as may be, upon the applica
tion o f the employer.
Violation.
Sec. 3. I f any person, firm, association or corporation violates
any provisions o f this act, he or it shall be punished by a fine not
exceeding one hundred dollars for each offense.
Not i ce
strike.
of
NEW JERSEY.
COMPILED STATUTES— 1910.
Arbitration of labor disputes.
(Page 107.)
Section 8. If a majority o f the employees in any manufacturing establishment, or in any particular department thereof, shall
give notice to their employer or employers, in writing, signed by
themselves, that they are dissatisfied with the terms or conditions
on which they are employed, or with the wages they are receiv
ing, or with any proposed reduction of their wages or proposed
alteration o f the terms or conditions on which they are employed,
and that they propose to submit the matters complained of to
arbitration, and shall name an arbitrator to represent them ; and
if such employer or employers can not adjust such differences, it
shall be the duty o f such employer or employers, if they choose
to accept this method o f compromise, to nominate and appoint,
in writing, an arbitrator to represent him or them, and to give
notice to said employees o f such appointment.
S ec. 9. The two arbitrators, so as aforesaid appointed, shall
forthwith meet and proceed to select a third arbitrator; and the
said three arbitrators shall without unnecessary delay notify
the employees and the employer or employers o f the time and
place when and where they will meet to hear arguments on the
matters in dispute, which meetings shall be held under such con
ditions, rules and regulations as the said arbitrators may mutually
agree upon; the questions at issue shall be submitted to the
arbitrators in writing, and their decision shall be confined to the
questions so submitted; either o f such arbitrators may administer
an oath or affirmation to any person testifying before them, and
any person so sworn who shall testify falsely, shall be deemed
guilty o f perjury; either o f the parties to such arbitration may
be represented before the arbitrators by counsel, if they so de
sire, and the arguments may be oral or in writing, as the parties
themselves may respectively prefer.
S ec. 10. The finding of the said arbitrators shall be reduced
to writing, and a copy thereof served upon each o f the parties
to the dispute, or upon their respective representatives, and shall
be deemed to be binding upon both parties submitting the matters
in dispute to arbitration, and shall take effect from the date o f
the finding, unless some other time is fixed in the finding for the
taking effect thereof.
Sec. 11. The costs o f arbitration shall be fixed and paid as
the parties may previously or mutually agree, and if not so
agreed upon, they shall be fixed and paid as the arbitrators them
selves may decide.
Notice by em-
ployees-
Arbitrators,
Meetings,
Findings,
Costs,
Wages as preferred claims—In assignments.
(Page 118.)
S ection 10. The wages o f clerks, mechanics and laborers due Wages to be
from the assignor at the time of making such general assignment, Paid firstshall be preferred debts and shall be first paid by said assignee
before any other claim or debt shall be paid, and in case any such
wages shall have been earned, or partly earned, at the time of
1373
1374
B U L L E T IN OF T H E BU REA U OF LABOR STATISTICS.
making sncli general assignment, but shall not be then payable,
the same shall be equitably apportioned and shall be paid as pre
ferred debts as aforesaid up to the said time of making said
assignment: Provided , however , That no payment shall be made
as a preferred debt to any one person to an amount exceeding
three hundred dollars; and in case any claim shall receive a
preference to the extent of three hundred dollars under this sec
tion, any balance of such claim yet remaining unpaid shall be
entitled to all dividends to be calculated upon such balance.
Exemption of wages from attachment.
(Page 132.)
Wages
ex-
empt, when,
Section 1. * * * wages or other compensation for labor or
services due to a nonresident employee, shall not be attached at
the suit o f a nonresident creditor or his assigns, nor shall the
personal property o f a nonresident being in this State be liable
to attachment at the suit o f a nonresident creditor, when the
said property is exempt from liability for debts by law of the
State o f which the said debtor and creditor are residents.
Assignments of wages— Wage brokers.
(Page 461.)
License r e S ection 1. No person shall engage in the business o f making or
quired.
giving advancements or loans o f money or other things o f value
and o f taking or receiving as collateral security therefor pledges
o f personal property, chattel mortgages or assignments o f salary
or wages, or power o f attorney authorizing the execution o f such
assignment o f salary or wages without having first obtained a
license to do such business in manner hereinafter provided,
t beSmade°nS ®E0*
T3le corQmon council or other governing body o f any city,
°
* town, township, borough or other municipal body in this State
shall and may, by ordinance, provide for the licensing, regulation
and control o f the business o f making or giving loans or advance
ments on pledges o f personal property, chattel mortgages and as
signments o f salary or wages, and said common council or other
governing body is hereby authorized and empowered to fix and
regulate the form o f such license, the license fees to be paid there
for to the municipal body, such rules and regulation for the con
trol and conduct o f said business as may be reasonable and proper.
Fees.
S ec. 3. The license fee for the conduct o f such business in
cities o f first class shall not be less than, five hundred dollars per
annum; in cities o f the second class, not less than two hundred
and fifty dollars per annum; cities of the third class, not less than
two hundred dollars per annum; in all other cities, boroughs,
towns, townships or other municipalities o f said State, not less
than one hundred and fifty dollars per annum.
Preliminary
S ec. 4. Upon securing from the common council or other governreport.
ing body of any municipality the license to do business, the person,
firm or corporation securing said license shall, within thirty
days, make report to the commissioner o f banking and insurance
on blanks to be provided for such purpose, which said blanks
shall contain the names of the person, persons, firm or corpora
tion engaged in said business, the location of the place of business
and the amount of capital paid in and employed at the date of the
making of the certificate and all other funds used as loanable
capital in said business and obtained in any manner other than
through capital contribution.
interest rate.
Sec. 5. The rates of interest to be charged by any person or per
Records.
sons, firm or corporation upon loans on pledges o f personal prop
erty, chattel mortgages, assignment of salary or wages, shall not
exceed the sum o f twelve per centum per annum.
Sec. 6. Any person or persons, firm or corporation engaged in
the business o f making loans on pledges o f personal property,
LABOR LA W S---- N E W JE R SE Y -----CO M PILED STATU TES---- 1910.
1375
chattel mortgages and assignment of salary or wages shall keep
full, true and correct records of all loans made on pledges of per
sonal property, chattel mortgages or assignment of salary or
wages, which record shall show the name of the persons to whom
said loan or advancement is made, the value and kind of pledge
or security given therefor, and the amount loaned or advanced
thereon, and the rate of interest at which the loan or advancement
is made.
S ec. 7. The chief o f police or other head officer of the police
inspection,
department of the municipality in which such business is licensed
is hereby empowered and authorized to inspect the records o f
loans made by any person, firm or corporation making loans upon
pledges o f personal property, chattel mortgages or assignment o f
salary or wages, and the common council or other governing body
of such municipality may by ordinance prescribe that such reason
able reports o f the business as said body may deem necessary be
made by person, firm or corporation conducting said business to
the chief o f police or other head o f the police department of the
municipality.
Sec. 8. No assignment o f or order for wages to be earned in the
Employer to
future shall be valid against the employer o f the person making accept assignsaid assignment or order until such assignment or order is ac- mentscepted in writing by said employer and the said assignment and
order and acceptance o f the same has been filed with the clerk
Filing,
o f said town, township, borough or other municipality where the
party making said assignment or order resides if a resident of
the State, or in which he is employed if a nonresident.
S ec. 9. No such assignment o f or order for wages or salary to be
Consent o f
earned in the future shall be valid when made by a married man, wlfe*
unless the written consent o f his wife to the making o f such assign
ment or order is attached thereto: Provided, That where a mar
ried man is living separate and apart from his wife for a period
of five months prior to said assignment, then such consent shall
not be required.
Sec. 10. Any person engaged in the business o f making loans on
Violations,
pledges of personal property, chattel mortgages and assignment o f
salary or wages without a license therefor first had as provided
in this act shall be guilty o f a misdemeanor; any person charging
for a loan or advancement on pledges o f personal property, chattel
mortgages or assignment o f salary or wages a rate o f interest
greater than set forth in the schedule to be issued by the com
missioner o f banking and insurance as hereinbefore provided
shall be guilty o f a misdemeanor.
S ec. 11. The common council or other governing body o f any
Penalties,
city, township or other municipality hereby authorized to adopt
ordinances according to the provisions o f this act is further au
thorized and empowered to fix or prescribe the penalty or pen
alties for the violation thereof either by imprisonment in the
municipal lockup or county jail, as may be designated by said
governing body, for a term not to exceed ninety days, or by a fine
not exceeding two hundred dollars and imprisonment in the
municipal lockup or county jail, as may be designated by the
governing body, for a term not exceeding ninety days in default
of payment o f said fine; and it shall be lawful for the governing
body to authorize and empower the officer or magistrate before
whom any person or persons, firm or corporation offending may be
brought, on conviction, to impose any fine in the discretion o f such
officer to the maximum fixed in said ordinance or to imprison for
any term not exceeding the term o f imprisonment therein fixed.
S ec. 12. This act shall not be held to apply to pawnbrokers who Exemptions,
are already regulated by law, nor to provident loan associations
authorized to do business by chapter ninety-six o f the laws o f
one thousand nine hundred and four, or to those doing business
under chapter three hundred and sixty-eight o f the laws o f one
thousand eight hundred and ninety-five, nor shall it apply to
banks, bankers, trust companies or savings banks, or to any trans
actions
with banks, bankers, trust companies or savings banks,
1376
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
or to loans made by manufacturers or merchants to their cus
tomers and secured by chattel mortgages.
Public service—Discharge of employees.
(Page 984.)
Section 1434. No employee of a municipal board o f street and
Removal, etc.,
restricted.
water commissioners, constituted under the provisions o f the act
Hearings.
to which this is a supplement, who shall have been in such em
ploy continuously for a space of five years, shall be removed,
discharged or reduced in pay or position except for inefficiency,
incapacity, conduct unbecoming a public employee, or other just
cause, and until he shall have been furnished with a written
statement o f the reasons for such removal, discharge or reduction,
and shall have been given a reasonable time to make written
answer thereto. Nor shall such removal, discharge or reduction
be made until the charge or charges shall have been examined
into and found true in fact by the board o f street and water com
missioners at a hearing, upon reasonable notice to the person
charged, at which he may offer the testimony of witnesses or
other evidence in his own behalf.
Wages as preferred claims—In insolvency of corporations.
(rage 1650.)
Section 83. In case of the insolvency o f any corporation the
Wages a prior
claim.
laborers and workmen, and all persons doing labor or service of
What
precede.
whatever character, in the regular employ o f such corporation,
shall have a first and prior lien upon the assets thereof for the
amount o f wages due to them respectively for all labor, work and
services done, performed or rendered within two months next pre
ceding the date when proceedings in insolvency shall be actually
instituted and begun against such insolvent corporation.
Sec. 84. Such lien shall be prior to all other liens that can or
liens
may be acquired upon or against such assets, except the lien and
encumbrance o f a chattel mortgage, recorded more than two
months next preceding the date when proceedings in insolvency
shall have been actually instituted against such insolvent corpo
ration, and except the lien and incumbrance o f a chattel mortgage
recorded within two months next preceding the date when pro
ceedings in insolvency shall have been actually instituted against
such insolvent corporation, for money loaned or for goods pur
chased within said period of two months; and also except as
against the lien o f mortgages given upon the lands and real estate
of such insolvent corporation.
Protection of employees as voters.
(Tage 1752.)
Threats, etc.
Section 27d. Any employer of any workmen, or any agent, super
intendent or overseer o f any company or corporation employing
workmen, or any person wiiosoever, who shall directly or indi
rectly, by himself or by any other person in his behalf or by his
direction, make use of or threaten to make use of any force, vio
lence or restraint, or inflict or threaten to inflict by himself or by
any other person any injury, damage, harm, or loss against any
person or persons in his employ, in order to induce or compel such
employee or employees to vote or refrain from voting for any par
ticular candidate or candidates at any election, or on account of
such employee or employees having voted or refrained from voting
for any particular candidate or candidates at any election, or who
shall, by any sort o f duress, constraint or improper influence or by
any fraudulent or improper device, contrivance or scheme, im
pede, hinder or prevent the free exercise of the franchise o f any
voter at any election, or shall thereby compel, induce, or prevail
LABOR LAWS----NEW JERSEY---- COMPILED STATUTES---- 1910.
1377
upon any voter to vote for or against any particular candidate or
candidates at any election, shall be guilty of a misdemeanor, and
on conviction thereof shall be sentenced to disfranchisement for
a period o f five years from the date o f conviction.
Sec. 27e. Any person who, having once been convicted of a viosecond conlation o f any o f the provisions of this act, shall again be convicted viction.
of a violation of any o f the provisions of this act, whether such
conviction be for the same offense or not, shall, on such second
conviction, be sentenced to disfranchisement and to pay a fine not
exceeding one thousand dollars, or to imprisonment for a term not
exceeding five years, or both, at the discretion of the court.
Trade-marks of mechanics, etc.— Counterfeiting.
(Page 1802.)
Section 196. Any person who shall knowingly and willfully
Counterfeitforge or counterfeit, or cause or procure to be forged or counter- misdemeanor a
feited, upon any goods, wares or merchandise, the private stamps
or labels o f any mechanic or manufacturer, with intent to defraud
the purchasers or manufacturers of any goods, wares or merchan
dise whatsoever, or who shall vend any goods, wares or merchan
dise, having thereon any forged or counterfeited stamps or labels,
purporting to be the stamps or labels of any mechanic or manu
facturer, knowing the same to be forged or counterfeited, without
disclosing the fact to the purchaser, shall be guilty o f a mis
demeanor.
Promising employment, etc.—Fraudulent acts.
(Page 1804.)
Section 202, Any person who shall obtain from another, with
intent to cheat and defraud, any money or anything o f value, upon
a promise or agreement to procure or to endeavor to procure for
such person employment or a loan o f money or anything o f value,
shall be guilty of a misdemeanor.
False prom-
employ*
Bribery of employees.
(P a g e 1 8 1 0 .)
Section 212e. Whoever gives, offers or promises to an agent, em- Bribery, etc.,
ployee or servant, any gift or gratuity whatever, without the prohibited,
knowledge and consent of the principal, employer or master of
such agent, employee or servant, with intent to influence his action
in relation to his principal’s, employer’s or master’s business; or
an agent, employee or servant who, without the knowledge and
consent o f his principal, employer or master, requests or accepts
a gift or gratuity or a promise to make a gift, or to do an act
beneficial to himself, under an agreement, or with an understand
ing that he shall act in any particular manner to his principal’s,
employer’s or master’s business; or an agent, employee or servant
who, being authorized to procure materials, supplies or other
articles, either by purchase or contract for his principal, employer
or master, or to employ service or labor for his principal, em
ployer or master, receives directly or indirectly, for himself or for
another, a commission, discount or bonus from the person who
makes such sale or contract, or furnishes such materials, sup
plies or other articles, or from a person who renders such service
or labor, and any person who gives or offers such an agent, em
ployee or servant such commission, discount or bonus shall be
guilty of a misdemeanor.
Employment offices,
(Page 2202.)
Section 1. The term person, when used in this act, means and
includes any individual, company, association or corporation, or
39887°— Bull. 148, pt 2—14------ 11
Definitions,
1378
BULLETIN OP THE BUREAU OF LA30B STATISTICS.
their agents, and the term employment agency means and includes
the business o f procuring or offering to procure help or employ
ment or of giving information as to where help or employment
may be procured, whether such business is conducted in a build
ing or on the street or elsewhere; and the business o f keeping an
intelligence office, employment bureau, theatrical, or shipping
agency, nurses’ registry, or agency for procuring engagements for
vaudeville or theatrical performers, or other agency or office for
procuring work or employment for persons seeking employment
where a fee or privilege or commission is exacted, charged or re
ceived directly or indirectly for* procuring or assisting or promis
ing to procure employment, work, engagement or a situation of
any kind, or for procuring or providing help or promising to pro
vide help for any person, whether such fee is collected from the
applicant for employment or the applicant for help, excepting
agencies conducted exclusive^ for procuring employment for per
sons as teachers, and in recognized educational institutions only,
as occupants o f technical or executive positions, and registries of
all incorporated associations o f registered nurses and bureaus con
ducted by registered medical institutions, and excepting also de
partments maintained by persons, firms, corporations or associa
tions for the purpose o f securing help for themselves where no
tee is charged the applicant for employment. The term fee, as
used in this act, means money or a promise to pay money. The
term fee also means and includes the excess o f money received by
any such licensed person over what he has paid for transportation,
transfer o f baggage or lodging for any applicant for employment.
The term fee, as used in this act, also means and includes the
difference between the amount o f money received by any person
who furnishes employees or performers for any entertainment,
exhibition or performance and the amount paid by said person to
the employees or performers whom he hires to give such enter
tainment, exhibition or performance. The term privilege, as used
in this act, means and includes the furnishing o f food, supplies,
tools or shelter to contract laborers, commonly known as com
missary privileges.
License r Sec. 2 (as amended by chapter 42, Acts o f 1911). No person
quired.
shall open, keep or carry on any such employment agency unless
every such person shall procure a license therefor from the com
mon council or other governing body o f the municipality in which
such person intends to conduct such agency. Such license shall
be posted in a conspicuous place in said agency. Any person who
shall open or conduct such an employment agency without first
procuring said license shall be guilty o f a misdemeanor, and shall
be punishable by a fine o f not less than fifty dollars and not more
than two hundred and fifty dollars, or by imprisonment for a
period o f not more than one year, or both, at the discretion o f the
court. Such license shall be granted upon the payment to the
treasurer o f such municipality, or other similar officer, of a fee
of not exceeding twenty-five dollars annually for such employment
agency, the amount o f such fee to be fixed by said common council
or other governing body o f such municipality. The common coun
cil, or other governing body, may remit said license fee on appli
cation o f any charitable or benevolent association.
Every license shall contain the name o f the person licensed, a
designation o f the city, street and number o f the house in which
the person licensed is authorized to carry on the said employ
ment agency, and the number and date o f such license. Such
license shall not be valid to protect any other than the person to
whom it is issued, or any place other than that designated in the
license, and shall not be transferred or assigned to any other per
Location.
son. No such agency shall be located in rooms used for living
purposes, or where boarders or lodgers are kept, or where meals
are served, or where persons sleep, or in connection with a build
ing, or on premises where intoxicating liquors are sold to be con
sumed on the premises, excepting caf§s and restaurants in office
buildings. I f said licensed person shall conduct a lodging house
LABOR LAWS----NEW JERSEY----COMPILED STATUTES----1910.
for the unemployed, separate and apart from such agency, it
shall be so designated in the license. The application for such
license shall be filed not less than one week prior to the granting
o f said license, and the common council, or other governing body,
shall act upon such application within thirty days from the
time of such application. Every such applicant shall be required
to furnish satisfactory proof, by affidavits, of good moral charac
ter, and any person may protest against the issuance or the transfer
o f any license. The names and addresses o f all applicants for
licenses, or for transfers o f licenses, shall be posted daily in the
office o f the clerk o f said municipality. The license shall run to
the first day o f January next ensuing the date thereof, and no
longer, unless sooner revoked by the common council, or other
governing body granting the same.
S ec. 3. It shall be the duty o f every such licensed person, ex
cept those conducting theatrical agencies, or agencies for the
employment o f vaudeville performers, or nurses’ registries, or
agencies for the procuring o f technical, clerical, sales-or execu
tive positions for men only, to keep a register, approved by the
mayor or other head officer, in which shall be entered, in the
English language, the date o f the application for employment;
the name and address o f the applicant to whom employment is
promised or offered; the amount o f the fee received, and, when
ever possible, the names and addresses o f former employers or
persons to whom such applicant is known. Such licensed person,
except those above specified in this section, shall also enter in a
separate register, to be approved as aforesaid, in the English lan
guage, the name and address o f every applicant accepted for help,
the date o f such application, kind o f help requested, the names
of the persons sent, with the designation o f the one employed, the
amount of the fee received and the rate o f wages agreed upon. The
aforesaid registers o f applicants for employment and for help shall
be open during office hourse [hours] to inspection by the officers o f
said municipality. No such licensed person, his agent or em
ployees, shall make any false entry in such registers: It shall be
the duty of every licensed person, whenever possible, to communi
cate orally or in writing with at least one o f the persons men
tioned as references for every applicant for work in private
families, or employed in a fiduciary capacity, and the result o f
such investigation shall be kept on file in such agency: Provided,
That i f the applicant for help voluntarily waives in writing such
investigation o f references by the licensed person, failure on the
part o f the licensed person to make such investigation shall not be
deemed a violation o f this act. Every licensed person exempted
from the provisions o f this section as to the keeping o f registers
shall keep accurate records, in the English language, o f all per
sons to whom work is promised or offered, or from whom a fee is
taken, and o f all persons from whom an application for an em
ployee is accepted, together with the date o f the engagement, the
amount of the fee received, and the rate o f remuneration agreed
upon.
Sec. 4. The fees charged applicants for employment as lumber
men, agricultural hands, coachmen, grooms, hostlers, seamstresses,
cooks, waiters, waitresses, scrubwomen, laundresses, maids, nurses
(except professional) and all domestics and servants, unskilled
workers and general laborers, shall not in any case exceed ten
per centum o f the first month’s wages, and for all other applicants
for employment shall not exceed the amount o f the first week’s
wages or salary, or five per centum o f the first year’s salary, ex
cept when the employment or engagement is o f a temporary
nature, not to exceed in any single contract one month, then the
fee shall not exceed ten per centum o f the salary paid. In case the
applicant shall not accept or obtain help or employment, through
such agency, then such licensed person shall on demand repay the
full amount o f the said fee, allowing three day’s time to determine
the fact o f the applicant’s failure to obtain help or employment.
I f an employee furnished fails to remain one week in the situation,
1379
Registers.
Fees.
R etu rn o f fee.
1380
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
a hew employee shall be furnished to the applicant for help if he
so elects, or three-fifths o f the fee returned, within four days o f
demand: Provided, Said applicant for help notifies said licensed
person within thirty days of the failure o f the applicant to accept
the position or o f the applicant’s discharge for cause. I f the em
ployee is discharged within one week without said employee’s
fault, another position shall be furnished or three-fifths o f the fee
returned to the applicant for employment, if he so elects. Failure
o f said applicant for help to notify said licensed person that such
help has been obtained through means other than said agency
shall entitle said licensed person to retain or collect three-fifths of
Orders to beihe said fee. No such licensed person shall send out any applicant
bona fide.
f 0r employment without having obtained, either orally or in writ
ing, a bona fide order therefor, and if it shall appear that no em
ployment of the kind applied for existed at the place to which said
applicant was directed, the said licensed person shall refund to
such applicant, within three days o f demand, any sums paid by
said applicant for transportation in going to and returning from
Receipts.
said place, and all fees paid by said applicant. It shall be the duty
of such licensed person to give to every applicant for employment
from whom a fee shall be received a receipt, in which shall be
stated the name o f said applicant, the date and amount of the fee,
and the purpose for which it was paid, and to every applicant for
help a receipt stating the name and address o f said applicant, the
date and amount of the fee, and the kind o f help to be provided.
Every such receipt, excepting only those given by theatrical, and
those procuring technical, clerical, sales and executive positions
for men only, shall have printed on the back thereof a copy o f this
section, in the English language, and in any language which the
person to whom the receipt is issued can understand. No such
licensed person shall receive or accept any valuable thing or gift
Dividing fees, as a fee or in lieu thereof. No. such licensed person shall divide
fees with contractors or their agents, or other employers, or any
one in their employ to whom applicants for employment are sent.
Every such licensed person shall give to each applicant for employ
ment a card* or printed paper containing the name o f the applicant,
name and address o f such employment agency, and the written
name and address o f the person to whom the applicant is sent for
Law to be employment. Every such licensed person shall post in a conposted.
spicuous place in each room o f such agency sections four, five and
six of this act, which shall be printed in large type, in languages
which persons commonly doing business with such office can un
derstand. Such printed law shall also contain the name and ad
dress of the officer charged with the enforcement o f this law.
Enticing doSec. 5. No such person shall induce or attempt to induce any
mestics.
domestic employee to leave his employment with a view to obtainborers outsideing °ther employment through such agency.
Whenever such
city.
licensed person, or any other acting for him, agrees to send one or
more persons to work as contract laborers in any one place outside
the city in which such agency is located, the said licensed person
shall file with the mayor or commissioner o f licenses, within five
days after the contract is made, a statement containing the fol
lowing item s: Name and address o f the employee; nature o f the
work to be performed, hours o f labor; wages offered, destination
o f the persons employed and terms o f transportation. A dupli
cate copy o f this statement shall be given to the applicant for
employment in a language which he is able to understand,
immoral ,
Sec. 6. No such licensed person shall send or cause to be sent
etc., resorts.
any f emaje ag a servant or inmate or performed [performer] to
enter any place o f bad repute, house o f ill fame or assignation
house, or to any house or place o f amusement kept for immoral
purposes, or place resorted to for the purposes o f prostitution, or
gambling house, the character o f which such licensed person
could have ascertained upon reasonable inquiry. No such licensed
person shall knowingly permit any person of bad character, pros
titutes, gamblers, intoxicated persons or procurers to frequent such
Children.
agency. No such licensed person shall accept any application for
LABOR LAWS----NEW JEBSEY---- COMPILED STATUTES----1910.
1381
employment made by or on behalf of any child under the age of
fourteen years, or shall place or assist in placing any such child
in any employment whatever. No licensed person, his agents,
servants or employees, shall induce or compel any person to enter
such agency for any purpose, by the use o f force or by taking
forcible possession o f said person’s property. No such licensed
person, his or her agents or employees, shall have sexual inter
course with any^ applicant for employment. No such person shall
procure or offer to procure help or employment in rooms or on
premises where intoxicating liquors are sold to be consumed on
the premises, whether or not dues or a fee or privilege is exacted,
charged or received directly or indirectly. For the violation of
any of the foregoing provisions of this section the penalty shall
be a fine o f not less than fifty dollars and not more than two hun
dred and fifty dollars, or imprisonment for a period o f not more
than one year, or both, at the discretion o f the court. No such
licensed person shall publish or cause to be published any false
or fraudulent or misleading notice or advertisement; all advertise- me^ J e r t i s e “
ments of such employment agency by means o f cards, circulars or
signs and in newspapers and other publications, and all letter
heads, receipts and blanks shall contain the name and address o f
such employment agency, and no such licensed person shall give
any false information, or make any false promise or false repre
sentation concerning employment to any applicant who shall reg
ister for employment or help.
Sec. 7. The enforcement o f this act shall be entrusted to the Enforcement,
police departments o f all municipalities not having license in
spectors and to. the license inspector or inspectors in other munici
palities. The chief o f police or such license inspector as may be
appointed by the chief of police, which inspector shall have no
other duties except under this act, shall make, at least, bimonthly
visits to every such agency excepting those agencies exempted
from keeping the prescribed registers under section four of this
act, which shall be inspected on complaint made to said license
inspector. Said inspectors shall have a suitable badge which
they shall exhibit on demand o f any person with whom they may
have official business. Said inspectors shall see that all the pro
visions of this act are complied with, and shall have no other
occupation or business. Complaints against any such licensed
person shall be made in writing to any police magistrate or justice
of the peace and reasonable notice thereof, not less than one day,
shall be given in writing to said licensed person by serving upon
him a concise statement o f the facts constituting the complaint,
and a hearing shall be had before the police magistrate or justice
o f the peace within one week from the date o f the filing of the
complaint, and no adjournment shall be taken for a period longer
than one week. A daily calendar o f all hearings shall be kept by
the police magistrate or justice o f the peace, and shall be posted
in a conspicuous place in his court room or office for at least one
day before the date o f such hearings. The police magistrate or
justice o f the peace shall render his decision within eight days
from the time the matter is finally submitted to him. Said police
magistrate or justice o f the peace shall keep a record o f all such
complaints and hearings. The said mayor or other said officer
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 his satisfaction that any licensed person is Revocation of
guilty o f any immoral, fraudulent or illegal conduct, in connection cense'
with the conduct o f said business, it shall be his duty to revoke
the license o f such persons; but notice o f the charges shall be
presented and reasonable opportunity shall be given said licensed
person to defend himself. Whenever for any cause such license
is revoked, license shall not be issued to said licensed person or
his representative, or to any person with whom he is to be asso
ciated in the business o f furnishing employment. The violation Violations,
o f any provision of this act, except as provided in sections two
and six,
shall be punishable by a fine not to exceed twenty-five
B U L L E T IN OF T H E B U REA U OF LABOR STATISTICS.
1382
dollars, and any city magistrate, police justice, justice o f the
peace, or any inferior magistrate having original jurisdiction in
criminal cases, shall have power to impose said fine, und in de
fault of payment thereof to commit the person so offending for a
period not exceeding thirty days. Any person may institute
criminal proceedings for its enforcement before any court of com
petent jurisdiction.
Inspection and regulation of factories, etc.—Manufacture, etc.,
of food product's.
(Page 2577.)
Rooms to be
Section 51. Every building, room, basement or cellar occupied
lighted, venti- or use(j as a bakery, confectionery, cannery, packing house,
ae ’
*
slaughterhouse, dairy, creamery, cheese factory, restaurant, hotel,
grocery, meat market, or other place or apartment used for the
production, manufacture, preparation, packing, storage, or dis
tribution o f food intended for sale or distribution, shall be properly
lighted, drained, plumbed and ventilated, and the operations carB a sem en ts, ried on in such building, room, basement or cellar shall be conetc.
ducted in such a manner that the purity and wholesomeness of
the food therein produced, manufactured, prepared, packed,
stored, sold or distributed shall not be impaired.
Cleanliness
Sec. 52. The floors, sidewalks, ceilings, furniture, receptacles,
and sanitation, implements and machinery o f every establishment, or place where
food intended for distribution or sale is produced, manufactured,
prepared, packed, stored, sold or distributed, and all cars, trucks
and vehicles used in the transportation of such food products shall
at no time be kept in an unclean or unsanitary condition. * * *
The clothing worn by all operatives, employees, clerks and and [sic]
other persons while engaged in work in any of the places where
food intended for sale or distribution is produced, manufactured,
prepared, packed, stored, sold, distributed or transported shall be
in a clean condition at all times. No person shall transport any
such food in such a manner that the purity or wholesomeness
thereof shall be in any wise impaired.
Walls.
Sec. 53. The side walls o f every bakery, confectionery, creamery,
cheese factory, hotel or restaurant kitchen shall be well plastered,
wainscoted or ceiled with metal or lumber, and shall be oil painted,
or kept well limewashed, and all interior woodwork in every
bakery, confectionery, creamery, cheese factory, hotel or res
taurant kitchen shall be kept well oiled or painted with oil paint,
and shall be kept washed clean with soap and water; and every
building, room, basement or cellar occupied or used for the
preparation, manufacture, packing, storage, sale or distribution
of food intended for distribution or sale in which food is exposed
Floors.
shall have a tight floor made o f cement, or o f tile laid in cement,
brick, wood, or other suitable material which can be flushed or
washed clean with water.
Rules f o r
S ec. 54. All operatives, employees, clerks, or other persons who
workmen.
handle the material from which food intended for distribution or
sale is prepared, or the finished product, before beginning work
and after visiting the toilet, shall wash their hands and arms
thoroughly with clean water and soap, and every owner or man
ager o f any place in which food is produced, manufactured, pre
pared, packed, stored, distributed or sold shall provide adequate
facilities for such washing, and it shall be the duty of every such
owner or manager to take all reasonable means to compel all oper
atives, employees, clerks, or other persons handling the material
Toilets etc. from wilich Slicl1 foo<i is prepared, or the finished product, to
* " perform such washing as aforesaid. All toilets, lavatories and
wash rooms shall be separate and apart from the room or rooms
where any processes incident to the production, manufacture,
preparation, packing, storage, sale or distribution o f such food
are carried on, and such toilets, lavatories and wash rooms shall,
at all times, be kept in a clean and sanitary condition.
LABOR LA W S ---- N E W
JE R SE Y-----COM PILED STATUTES ---- 1910.
1383
Cuspidors.
S ec. 55. Cuspidors for the use of operatives, employees, clerks,
or other persons, shall be provided wherever necessary, and each
cuspidor shall be emptied and thoroughly washed out daily with
a disinfectant solution, and at least five ounces of such disin
fectant solution shall be left in each cuspidor while the same is
in use. No operative, employee, clerk, or other person shall ex
pectorate anywhere in any building, room, basement or cellar
where the production, manufacture, preparation, packing, storage,
sale or distribution o f any food intended fo r sale or distribution
is conducted, except in cuspidors provided for that purpose.
Sleeping in
S ec. 56. No person or persons shall be allowed to live or sleep in
workrooms.
any room where food intended for sale or distribution is produced,
manufactured, packed, distributed or sold.
Diseased em
S ec. 57. No employer shall require, permit or allow any person ployees.
to work, nor shall any person work in any building, room, base
ment, cellar or vehicle, occupied or used for the production, prep
aration, manufacture, packing, storage, sale, distribution or trans
portation o f food intended for sale or distribution who is affected
with any communicable disease.
Violations.
Sec. 59. Any person who violates any o f the provisions o f this
act, or refuses, neglects or fails to comply with any lawful order
or requirement o f the State board o f health or o f any local boards
o f health, duly made in writing, * * * shall be liable to a
penalty not exceeding fifty dollars for the first offense, one hun
dred dollars for the second offense, and two hundred dollars for
the third and each subsequent offense; such penalties to be re
covered by an action o f debt in the name of the State board o f
health or local board o f health, as the case may be, in the man
ner prescribed for the recovery o f penalties in the act to which
this is a supplement.
S ec. 60. When any person shall violate any o f the provisions
Each day a
of this act, or shall refuse to comply with any orders duly made violation.
in writing, * * * each day upon which such violation occurs
shall be deemed to constitute a distinct and separate violation,
and each day elapsing after the expiration of the time limit fixed
for the compliance with the said order in writing shall be deemed
to constitute a distinct and separate offense.
Sec. 61. The State board o f health shall make uniform rules Enforcement.
and regulations for the carrying out of the provisions o f this act,
which said rules and regulations shall apply to all boards and
persons entrusted with the enforcement o f the provisions of this
act.
Abstract o f
S ec. 62. An abstract o f this law shall be prepared and furnished
upon request by the board of health to every corporation, firm or l a w to be
posted.
person in this State who is affected thereby, and every person
engaged in the production, manufacture, preparation, packing,
storing, distribution, or transportation o f food intended for sale or
distribution to whom a copy o f such abstract is sent or delivered
shall post such abstract of this law, and keep it posted, in plain
view in such place that it can be easily read by the employees or
operatives in coming in or going from the place where the afore
said business of such person is conducted.
Employment of children— Certain employments forbidden.
(Page 2816.)
Children unSection 47. Any person having the care, custody or control of
der
any minor child under the age o f fifteen years who shall in any age. 15 years of
manner sell, apprentice, give away or otherwise dispose o f such
child, and any person who shall take, receive, or employ such
child for the vocation or occupation of rope or wire walking, or
as an acrobat, gymnast, contortionist or rider, and any person
having the care, custody or control o f any minor child whatsoever
who shall sell, apprentice, give away or otherwise dispose of such
child, or who shall take, receive or employ such child for any
obscene,
indecent or illegal exhibition or vocation, or any vocation
1384
B U L L E T IN OF T H E BU REAU OF LABOR STATISTICS.
injurious to tlie health or dangerous to tlie life or limb o f such
child engaged therein, or for the purpose o f prostitution, and any
l)erson who shall retain, harbor or employ any minor child in or
about any assignation house or brothel, or in any place where any
obscene, indecent or illegal exhibition takes place, shall be guilty
of a misdemeanor, and upon conviction thereof, before any justice
of the peace, magistrate or court o f record, shall be fined not less
than fifty dollars nor more than one hundred dollars for each
offense.
U n d e 18 Sec. 48. Any person having the care, custody or control, lawful
years or age. or lmiawful, 0f any- minor child under the age o f eighteen years,
who shall use such minor or apprentice, give away, let out, hire
or otherwise dispose o f such minor to any person for the purpose
of singing, playing on a musical instrument, begging, or fo r any
mendicant business whatsoever, in the streets, roads or other
highways of this State, and whosoever shall take, receive, hire,
employ, use or have in custody any such minor for the vocation,
occupation, calling, service or purpose o f singing, playing upon
musical instruments or begging upon the streets, roads or other
highways of the State, or for any mendicant business whatever,
shall be guilty o f a misdemeanor, and upon conviction thereof, in
the manner provided in the first section of this act, shall be fined
not less than fifty dollars nor more than one hundred dollars.
Employment
Sec. 40. Any person having the care, custody or control of any
in saloons, etc. minor child under the age o f fifteen years, who shall in any man
ner sell, apprentice, give away or permit such child to sing, dance,
act or in any manner exhibit in any dance house whatever, or in
any concert saloon, theater or place o f entertainment where wines
or spirituous or malt liquors are sold or given away, or with
which any place for the sale o f wines or spirituous or malt liquors
is directly or indirectly connected by any passageway or entrance,
and any proprietor o f any dance house whatever, or any such
concert saloon, theater or place o f entertainment so employing any
such child, shall be guilty of a misdemeanor, and upon conviction
thereof, in the manner provided in the first section o f this act,
shall be fined not less than fifty dollars nor more than one hun-.
dred dollars for each offense.
Employment
Sec. 50. Any person who shall take, receive, hire or employ any
in mines.
child under twelve years of age in any underground works or
mine or like place whatsoever, shall be guilty of a misdemeanor,/
and upon conviction thereof, in the manner provided in the first
section of this act, shall be fined not less than ten dollars nor
more than fifty dollars.
Chapter 191.— Accident insurance— Collective insurance by labor
organizations, etc.
(Tage 2876.)
Section 116. No life insurance company doing business in this
State shall make or permit any distinction or discrimination in
favor of individuals between the insured of the same class and
equal expectation o f life in the amount o f payment o f premiums
or rates charged for policies of life or endowment insurance, or in
the dividends or other benefits payable thereon, or in any other
o f the terms and conditions o f the contracts it makes; except
that any life insurance company doing business in this State
may issue policies o f life or endowment insurance with or without
annuities on the industrial plan, with special rates o f premiums
less than the usual rates o f premiums for such policies to members
Exception as o f labor organizations, lodges, beneficial societies or similar ort0 lati0r 0P" ganizations, or employees of one employer, who through their
ganizat ons.
secretary, or employer may take out insurance in an aggregate
of not less than one hundred members, and pay their premiums
through such secretary or employer; * * *
Premi um
rai f 8m t0
un or *
LABOR LAWS— NEW JERSEY----COMPILED STATUTES— 1910.
1385
Sale of intoxicants to employees.
(Page 2895.)
Section 25. I f any innholder or tavern keeper shall sell any g a^e Without
<f
vinous, spirituous or strong liquors to any apprentice or servant, consent,
knowing or having reason to suspect or believe him or her to be
such, without the consent o f his or her master or mistress, such
innholder or tavern keeper shall, for every offense, forfeit the sum
o f four dollars, to be recovered by action of debt, with costs, by
the master or mistress o f such apprentice or servant, in any court
o f record having cognizance thereof.
Bureau of labor statistics.
(Page 3021.)
Section 1. There shall be appointed from this State, on nomina- appointed*0 be
tion o f the governor, to be confirmed by the senate, some suitable
person to act as chief of, and who shall constitute a bureau of
statistics, with headquarters in the statehouse, who shall hold his
office for five years and until his successor is appointed.
Sec. 2. The duties o f such bureau shall be to collect, assort, sysD u t i e s of
tematize and present in annual reports to the legislature, on o r 1>ureau*
before the last day o f October in each year, statistical details re
lating to all departments o f labor in the State, especially in its
relations to the commercial, industrial, social, educational and
sanitary condition o f the laboring classes, and in all suitable and
lawful ways foster and enlarge our manufacturing and every
other class of productive industry, with the view to their perma
nent establishment upon a prosperous basis, both to the employer
and the employed.
Sec. 2a. The bureau o f statistics provided for in the act [secs. S t a t i s t i c s o f
1-4, page 3021] * * * shall, in addition to the duties pre- m a n u f a c t u r e s ,
scribed in said act, collect and publish in the annual report of
said bureau statistics showing the number o f private firms and
corporations engaged in the several industries in this State; the
capital invested; amount of raw material used and its cost value;
amount of goods manufactured and the selling price o f said
goods; the number o f persons employed, by months, and dis
tinguished as to sex; total wages paid; classification of wages,
and such other information as may be necessary to show the
true condition o f each o f the said manufacturing industries.
Sec. 2b. The information secured shall be presented in the Names not to
annual report by figures o n ly ; the names of persons, firms or cor- be divulged,
porations shall in no case be printed and the business of manu
facturers, individually, shall not be divulged.
Sec. 3. The said chief shall have power to examine witnesses
Power,
under oath.
Sec. 4. The compensation o f said chief shall be twenty-five hunCompendred dollars annual salary, * * *
sation.
S ec. 10. It shall be the duty of every owner, operator, lessee,
owners
of
manager or superintendent of every factory, mill, workshop, mine factories, etc.,
or other establishment or industry in which labor is employed to report,
within this State, to make such reports or returns on blanks fur
nished by the bureau of statistics, o f labor and industry as the
said bureau may require for carrying out the purposes and com
piling such statistics as are authorized * * * ; and the said
owner, operator, lessee, manager, or superintendent shall make
such report or return within the time prescribed1 therefor, and
shall certify to the correctness o f the same.
Sec. 11. Any owner, operator, lessee, manager or superintendPenalty,
ent o f an establishment or industry in which labor is employed
within this State, who w illfully neglects to fill such blank within
the time allowed for doing so, or who refuses to fill such blank,
shall forfeit for every such delay, [or] refusal, the sum o f fifty
dollars,
to be recovered in a court o f competent jurisdiction, by an
1386
B U L L E T IN OF T H E BU REA U OF LABOR STATISTICS.
action in wliicli the State shall be represented by the chief of the
bureau o f statistics o f labor and industry as plaintiff.
Deputy chief.
Sec. 12. * * * the chief of the bureau of statistics of labor
and industries shall appoint a deputy, who shall be commissioned
by the governor to be deputy chief o f said bureau; the said
deputy shall hold his office during the pleasure o f the chief, and
perform all the duties of the chief o f the bureau in his absence;
he shall, also, perform all the duties now imposed by law upon the
secretary o f said bureau, together with such other special duties
as may be assigned him by the ch ief; and from and after the ap
pointment o f said deputy chief, the office of secretary o f the
bureau of statistics o f labor and industries shall be abolished.
C om pensaS ec. 13. The deputy chief shall receive such annual compensa
tion.
tion as may be fixed by the chief with the approval of the gov
ernor, which salary shall be p*aid monthly by the treasurer on
warrants drawn by the comptroller in the same manner as the
salary of the chief o f the bureau is now paid.
Clerks, etc.
S ec. 14. The chief of the bureau o f statistics o f labor and in
dustries may employ such clerks and other assistants as he may
deem necessary, and with the approval o f the governor, fix their
compensation; he may also incur such expenses as may be neces
sary for stationery, blanks, postage, expressage, and other inci
dental expenses o f his office: Provided, Such compensation and
expenses shall not exceed in the aggregate the sum annually ap
propriated for said bureau by the legislature.
Alien labor—Employment on public works.
(Page 3023.)
None but citi S ection 15. It shall not be lawful for the State or any county,
zens to be em city, town, township or borough, or other municipal corporation
ployed.
within this State, or for any board, committee, commission or
officer thereof, or for any officer, board, body or organization hav
ing charge o f any public work or any construction, whether the
same be a building, excavation, pipelaying, bridge or dock build
ing, sewer or drainage construction, road building, paving, or any
other form or kind o f public work which shall be undertaken and
done at public expense, or for any person or corporation, to em
ploy as a mechanic or laborer upon such public work or construc
tion, or any part thereof, any person who is not at the time o f
such employment a citizen of the United States; any contractor
or officer who shall violate the provisions o f this act shall forfeit
and pay the sum o f one hundred dollars, to be recovered in an
action o f debt in any court of competent jurisdiction, with costs,
and such penalty when recovered shall be paid into the treasury
of the State, county, city or other municipal corporation within
which and under whose authority such officer or contractor claims
to a c t: Provided, The provisions of this act shall not apply to any
contract now in force.
Employment of children— General provisions.
(Page 3023.)
Age limit.
Definition.
Evidence.
Section 16. No child under the age of fourteen years shall be
employed, allowed or permitted to work in any factory, workshop,
mill or place where the manufacture of goods of any kind is car
ried on ; any corporation, firm, individual, parent, parents or
custodian of any child who shall violate any of the provisions of
this section, shall be liable to a penalty of fifty dollars for each
offense.
S ec. 17. The word custodian as used in this act shall include
any person, organization or society having the legal custody o f a
child.
Sec. 18. I f at the time o f the employment o f a child, the proofs
of age specified in subdivisions I. and II. o f this section, are filed
with the corporation, firm or person employing the child, such
LABOR LAWS----NEW JEKSEY----COMPILED STATUTES----1910.
1387
proofs shall be conclusive evidence of the age of child in a suit
against such employer for a violation of section one [16] : Pro
vided, however, That correct copies of all papers, certificates,
passports and affidavits relating to such employment shall be
mailed, postage prepaid, to the department having charge o f the
enforcement of this act, at Trenton, New Jersey, within twentyfour hours after the same are filed, together with a statement of
the legal name o f the person, firm or corporation employing such
child.
I. The parent, parents or custodian shall make and swear to an
Native - bora
affidavit before some officer authorized by the law o f this State to children,
take affidavits, setting forth the following fa cts: The name o f the
child in fu ll; his or her residence, giving street and number; place
where and year, month and day when born; name of father;
maiden name o f mother; church attended, if any; school last at
tended and time when, if any, and where the church and school
are situated; if child was baptized, name and location o f church
or parish in which such baptism took place; there must accompany
such affidavit a transcript o f the record o f the child’s birth, duly
attested by an officer having by law the authority to keep records
o f birth in the State, county, town or city in which the child was
born; if no such birth record can be obtained and the child was
baptized, then a certified copy o f the baptismal record of the
church or parish in which such baptism took place, duly certified
as a true copy, under the hand of the person having the custody
o f such church or parish records, shall accompany the affidavit,
and the affidavit shall set forth the age of child at time o f
baptism.
II. An affidavit to be made by the same persons and containing Foreign-born
the same statement o f facts as in the case o f native-born children, children,
with an additional statement that the child named in the affidavit
is the same mentioned and described in the passport under which
the child was*admitted to this country; a true copy o f said pass
port must in ’ all cases be attached to the affidavit.
III. The commissioner shall have power to issue permits o f
Evidence,
employment to children upon the production o f evidence o f the
child’s age satisfactory to him : Provided, That he shall first be
satisfied that the child can not obtain a transcript o f birth record,
a baptismal certificate or passport, as provided in either sub
division I. or II.
S ec. 19. In any suit brought to recover a penalty for violation
Records as
o f section one [16] o f this act, a copy o f the baptismal record, evidence,
certified to be a true copy under the hand o f the person having
the custody o f such records for the church or parish in which
such child was baptized, shall be prima facie evidence o f the
child’s a g e: Provided, That in case the age of the child is not set
forth in the baptismal record, that there shall be other proof
showing the age of the child at the time he or she was baptized.
Sec. 20. The commissioner, assistant or any inspector is hereby Enforcement,
empowered to demand o f any parent, parents or custodian, proof of
the age o f a child satisfactory to the commissioner, and such parent,
parents or custodian shall, within five days after such demand is
made, furnish to such officer proofs o f such child’s age; and in
event o f the failure to procure and furnish such proof o f age, such
child shall be discharged by his or her employer upon notice in
writing signed by the commissioner, and shall not be reemployed
until such proof o f age shall have been furnished to the commis
sioner; any person violating the provisions o f this section shall
be liable to a penalty o f fifty dollars for each offense.
Sec. 21. Any one who shall swear falsely to any affidavit or preFalse statesent any certificate or passport which he or she knows to be false, ments.
and any person , or persons who shall aid, assist or advise the
making o f a false affidavit or the obtaining o f a false certificate
or passport, shall be liable to a penalty of fifty dollars for each
offense.
S ec. 22. The commissioner, assistant or the inspectors shall have
Physical fitpower
to demand a certificate of physical fitness from some regu-ness
1388
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
lar practicing physician in the case of minors under the age of
sixteen years, who, in the judgment o f such officer, shall be physi
cally unable to do the work in which such minor is employed, and
shall have the power to prohibit the employment o f such minor
until he or she shall produce a certificate o f physical fitness; and
any manufacturer or employer who shall retain in his employ
a minor after such certificate shall be demanded, shall be liable
to a penalty o f twenty-five dollars.
Register.
Sec. 23. A corporation, firm or person, owning or operating a
place coming under the provisions o f this act and employing, al
lowing or permitting minors under the age o f sixteen years to
work therein, shall keep or cause to be kept in the main office
of such place, in the town or city where such place is located, a
register in which shall be recorded the names, places o f residence
and time o f employment of all such minors working under certifi
cates, transcripts, passports or affidavits; such registers and cer
tificates, transcripts and affidavits shall be produced for inspec
tion upon demand o f the commissioner, assistant or any of the
inspectors; truant officers shall have the same right as inspectors
to examine such registers and the certificates, transcripts, pass
ports or affidavits, when authorized in writing so to do by the
commissioner; any corporation, firm or person failing to keep
such register or refusing to permit the person herein authorized
to inspect the same or the certificates, transcripts, passports or
affidavits, shall be liable to a penalty o f fifty dollars for each
offense.
H o u r s per
Sec. 24. No minor under the age of sixteen years shall be emweekployed, permitted or allowed to work in a place coming under the
provisions oT this act more than ten hours a day, or fifty-five
hours in a week, and between the fourth day of July, in the
year nineteen hundred and ten, and the fourth day o f July, in
the year nineteen hundred and eleven, no minor under the age
o f fifteen years shall be employed, permitted or allowed to work
in a place coming under the provisions o f this act between the
hours o f six o’clock in the evening and six o’clock in the morning,
and after the fourth day o f July, nineteen hundred and eleven, no
minor under the age o f sixteen years shall be employed, perNightwork. mitted or allowed to work in a place coming under the provisions
of this act between the hours o f six o’clock in the evening and six
o’clock in the morning. Any corporation, firm or person per
mitting or allowing any person to work contrary to the provi
sions of this section shall be liable to a penalty of fifty dollars
for each offense.
Affidavits.
Sec. 25. Affidavits o f the age of children made and filed with
the manufacturer before this act takes effect, shall have the same
force and effect as the proofs required under subdivisions I. and
II. o f section three [18], o f this act.
Inspection end regulation of factories.
(Page 3026.)
n o i stways, Section 2o. The openings of all hoistways, hatchways, elevators
e t c . , t ° be and wellholes upon every floor of any place coming under the pro
guarded.
visons o f this act, shall be protected by good and sufficient trap
doors or self-closing hatches and safety catches, or strong guard
rails at least three feet high, and shall be kept closed and pro
tected at all times except when in actual use by the occupant of
the building having the use and control o f the same.
Beit shifters,
Sec. 28 (as amended by chapter 6, Acts o f 1912). The owner
etcor person in charge o f any o f the places coming under the provi
sions o f this act, where machinery is used, shall provide, in the dis
cretion o f the commissioner, friction clutches for stopping, shaft
ing, and belt shifters or other mechanical contrivances fo r the pur
pose o f throwing on or off belts or pulleys; whenever practicable,
Guards.
all machinery shall be provided with loose pulleys; all vats, pans*
saws, planers, power presses, foot presses, cogs, gearing, belting,
LABOR LAWS----NEW JERSEY----COMPILED STATUTES---- 1910.
shafting, set-screws, drums and machinery of every description
shall be properly guarded; no person shall remove or make inef
fective any safeguard around or attached to such machinery, vats
or pans while the same are in use, unless for the purpose of im
mediately making repairs thereto, and all such safeguards so re
moved shall be promptly replaced; if the machinery, or any part
thereof, or any vat, pan or vessel containing molten metal or hot
liquid is in a dangerous condition or is not properly guarded, the
use thereof may be prohibited by the commissioner, and a notice
to that effect shall be attached thereto; such notice shall not be
removed until the machinery is made safe and the required safe
guards are provided; and in the meantime such unsafe or danger
ous machinery, vats, pans, or vessels containing molten metal or
liquid shall not be used; when, in the opinion of the commissioner,
it is necessary,, the halls or other portions of a building shall be
provided with proper lighting facilities.
This act does not abolish, the defense of assumption of risks.
327.
1389
Ligating,
70 Atl.
Sec. 29. All corporations, firms or persons conducting a manu- emery-wheels*
facturing business in any of the places coming under the pro-etc.
'
visions of this act, where emery wheels or emery belts o f any
description are used, either solid emery, leather, leather covered,
felt, canvas, linen, paper, cotton, cr wheels, or belts rolled or coated
with emery or corundum, or cotton wheels used as buffs, shall
provide the same with blowers or similar apparatus, which shall
be placed over, beside or under wheels or belts in such a manner
as to protect the person or persons using the same from the par
ticles of the dust produced and caused thereby, and to carry away
the dust arising from or thrown off by such wheels or belts while
in operation, directly to the outside o f the building, or to some
receptacle placed so as to receive and confine such du st: Provided,
That grinding machines upon which water is used at the point o f
the grinding contact and small emery wheels that are used tem
porarily for tool grinding in small shops employing not more than
three persons at such work, shall be exempt from the provisions
o f this section if so ordered by the commissioner.
Sec. 30. It shall be the duty of any person, firm or corporation construction,
conducting such manufacturing business, to provide or construct
such appliances, apparatus, machinery or other things necessary
to carry out the purpose o f this act, as set forth above, as follow s:
Each and every such wheel shall be fitted with a sheet or castiron hood or hopper o f such form and so applied to such wheel or
wheels that the dust or refuse therefrom will fall from such
wheels or will be thrown into such hood or hopper by centrifugal
force and be carried off by a current o f air into a suction pipe
attached to some hood or hopper.
Sec . 31. Each and every such wheel six inches or less in diam- Same subject,
eter shall be provided with a round suction pipe three inches in
diameter; wheels six inches to twenty-four inches in diameter,
with xound suction pipe five inches in diam eter; and all wheels
larger in diameter than those stated above shall be provided each
with a round suction pipe not less than six inches in diameter;
the suction pipe from each wheel so specified must be full size to
the main trunk suction pipe, and the main suction pipe to which
smaller pipes are attached shall in its diameter and capacity be
equal to the combined area o f such smaller pipes attached to the
same, and the discharge pipe from the exhaust fan connected with
such suction pipe or pipes shall be as large or larger than the
suction pipe.
Sec. 32. It shall be the duty of any person, firm or corporation, €t^ ir Pressure>
operating any such place to provide the necessary fans or blow
ers to be connected with such pipe or pipes, as set forth in this
act, which shall be run at the rate o f speed such as will produce
a pressure of air in such suction or discharge pipes sufficient to
raise a column of water not less than five inches in a U-shaped
tube; all branch pipes must enter the main trunk pipe at an angle
of forty-five degrees or less; the main suction or trunk pipe shall
1390
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
be below the emery or buffing wheels and as close to the same as
possible, and shall be either upon or beneath the floor on which
the machines are placed to whicli such wheels are attached; all
bends, turns or elbows in such pipes must be made with easy,
smooth surfaces, having a radius in the throat of not less than
two diameters o f the pipe on which they are connected.
Enforcement.
gE 33
C
shall be tlie duty o f the commissioner to make orders
in writing for the carrying into effect the provisions o f sections
fourteen, fifteen, sixteen and seventeen [secs. 29 to 32].
An- space.
gE 34 -^0j. jess ^ a n two hundred and fifty cubic feet o f air
C
space shall be provided for each employee or operative at work
in a room in a place within the meaning o f this act between the
hours of six o’clock in the morning and six o’clock in the evening,
and not less than four hundred cubic feet o f air space for each
employee so employed between the hours of six o’clock in the even-,
ing and six o’clock in the morning: Provided, In all cases where
the amount o f air space provided does not exceed the amount above
fixed, that such room is lighted by electricity during all hours that
artificial lights are necessary and persons are employed therein,
unless a written permit shall be obtained from the commissioner.
reauiredIatl° n Sec* ^ ( as amended by chapter 5, Acts o f 1912). The owner,
q
*
agent or lessee o f a place coming under the provisions of this act
shall provide, in each workroom thereof, proper and sufficient
means o f ventilation, and shall maintain proper and sufficient
ventilation; i f excessive heat be created or i f steam, gases, vapors,
or dust or other impurities that may be injurious to health be
. generated in the course o f the manufacturing process carried on
therein, the room shall be ventilated in such a manner as to render
them harmless, so far as is practicable; in case o f failure, the
commissioner o f labor shall order such ventilation to be provided.
Such owner, agent or lessee shall provide such ventilation within
twenty days after the service upon him o f such order, and in case
o f failure, shall be liable to a penalty o f ten dollars for each day
after the expiration o f such twenty days, to be recovered by the
commissioner o f labor as hereinafter provided. If, in a place
P o lis h in g coming under the provisions o f this act, glazing or polishing on a
whee s, etc.
^ e e i or any process is carried on by which dust or any gas,
vapors or other impurity is generated in such maimer as to be
inhaled by the employees to an injurious extent, and it appears
to the commissioner of labor that such inhalation could be to a
great extent prevented by a fan or other mechanical means, the
commissioner o f labor may order the owner, agent or lessee o f
such place to provide a fan or other mechanical means o f a proper
construction fo r preventing such inhalation within twenty days
after the service upon him o f such order in writing, and such
owner, agent or lessee shall provide such fan or other mechanical
means as stated in said order within the time therein stated, and
in case o f failure so to do, he shall be liable to a fine o f ten dol
lars for each day after the expiration of the time given by such
order to make the change.
Minors cleanSec. 36. No minor under sixteen years of age shall be required,
ing machinery. auowe£ or permitted to clean any part o f the gearing or machinery
in any place coming under the provisions of this act, while the
same is in motion, or to work between the fixed or traversing
parts of any machinery while it is in motion by the action of
steam, water or other mechanical power.
Explosives.
Sec. 37. Every corporation, firm or person having or keeping in
his place or its place or manufactory coming under the provisions
o f this act, any explosive or inflammable compound, shall keep or
store such explosive or inflammable compound in such factory,
mill, workshop or place in such way as not to obstruct or render
hazardous the egress o f employees or operatives in case o f fire.
etsWater °l0S
®EC*
Every factory, workshop or mill shall contain sufficient,
suitable, convenient and separate water-closets for each sex, which
shall be properly screened, ventilated and kept clean; and also
a suitable and convenient wash room; the water-closets used-by
women shall have separate approaches; if women or girls are em
LABOR LAWS----NEY/ JERSEY----COMPILED STATUTES---- 1910.
1391
ployed, a dressing room shall be provided for tliem wlien ordered
by tlie commissioner.
Sec. 39. Factories and workshops in wliicli women and children . l i m e washare employed, and where dusty work is carried on, shall be lim e-ing*
washed or painted at least once in every twelve months.
Sec. 40. An abstract of this law shall be prepared and furnished
Law to be
upon request by the commissioner to every corporation, firm or pos
person in this State who is affected thereby, and every manufac
turer to whom a copy o f such abstract is sent or delivered shall
post such abstract of this law and keep it posted in plain view in
such place that it can be easily read by the employees or opera
tives in coming in or going out from said factory, workshop or
mill.
Sec. 41. No person shall interfere with, delay, obstruct or
Hinder! ng
hinder by force or otherwise, the commissioner, the assistant com- commissioner,
missioner or inspectors, while in the performance of their duties,
or refuse to answer in writing or otherwise, questions asked by
such officers relating to the matters coming under the provisions
of this act; no person shall impersonate an officer of the depart
ment or forge his certificate of authority.
Sec. 42. Any person, firm or corporation engaged in manufac- Forfeitures to
turing which requires from persons in his or its employ, under be reciprocal,
penalty o f forfeiture o f a part o f the wages earned by them, a
notice o f intention to leave such employ, shall be liable to the
payment of a like forfeiture if he or it discharges without similar
notice a person in such employ, unless in case o f a general sus
pension of labor in his or its factory, mill or place where the
manufacture o f goods o f any kind is carried on.
S ec. 43. All accidents that prevent the injured person or perAccidents,
sons from returning to work within two weeks, or which result in
death, shall be reported in writing to the department, at Trenton,
New Jersey, within twenty-four hours after the expiration of four
weeks or after the death o f such person injured, as the same may
b e ; such notice may be sent by mail, postage prepaid.
S ec. 44. Every corporation, firm or person shall within one Name of firm
month after he, they or it shall begin to occupy a factory, work- to be furnished,
shop, mill or place where the manufacture o f goods o f any kind is
carried on, notify in writing the department, at Trenton, New
Jersey, o f such occupancy, giving the legal title o f such corpora
tion and name of agent upon whom service o f a summons can be
made, and in case of a firm, the individual names o f the members
of the firm or the legal title of the concern so occupying such fac
tory or workshop.
Sec. 45. For the purpose o f carrying into effect the provisions
Powers of
of sections * * * [26 to 32, 34, 36 to 39 and 41 to 43] the com- commissioner,
missioner shall be and he is hereby authorized to make such or
ders in writing for the protection and safety o f employees and
operatives and the enforcement o f this act in places coming under
the provisions of this act, as in his judgment shall seem necessary
to carry into effect the provisions of such sections; such order
shall be in writing, signed by the commissioner, and shall specify
what shall be necessary to be done and within what time; any
corporation, firm or person violating any o f the provisions o f
[the above-mentioned] sections * * * shall, for each offense,
be liable to a penalty o f fifty dollars.
Sec. 46. No room or rooms, apartment or apartments, in any Manufactures
tenement or dwelling house, shall be used for the manufacture of in tenements,
coats, vests, trousers, knee pants, overalls, cloaks, furs, fur trim
mings, fur garments, shirts, purses, feathers, artificial flowers or
cigars, except by the immediate members o f the family living
therein; no person, firm or corporation shall hire or employ any
person to work in any room or rooms, apartment or apartments,
in any tenement or dwelling house, at making, in whole or in part,
any coats, vests, trousers, knee pants, overalls, cloaks, furs, arti
ficial flowers or cigars, unless such person, firm or corporation
first shall have obtained a written permit from the commissioner;
which permit may be revoked by the commissioner at any time
1392
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
that the health of the community or o f those employed as afore
said may, in his judgment, require it, and that such permit shall
not be granted until due and satisfactory inspection o f the prem
ises affected shall have been made by the said commissioner, as
sistant, or an inspector; such permit shall be framed and posted
in a conspicuous place in the main room o f the place to which it
relates, shall be duly numbered and shall state the number of per
sons allowed to be employed therein.
Violations.
Sec. 47. Any person, firm or corporation being the owner, lessee
or occupant of the place to which the preceding section relates,
shall, for the violation of any of the provisions therein, be liable
to a penalty of one hundred dollars for each offense.
Exemptions.
Sec. 48. This act shall not apply to a private house or private
room used for manufacturing purposes by the fam ily dwelling
therein.
Department
S ec. 60 (as amended by chapter 117, Acts o f 1912). For the
of labor.
purpose o f carrying into effect and enforcing the provisions of
this act, there shall be and hereby is established a department to
be known as the department o f labor; the department shall have
its main office in Trenton, and shall consist o f a commissioner,
an assistant commissioner and eleven inspectors; the governor
shall, immediately after the passage o f this act, with the advice
and consent o f the senate, appoint some suitable person, who shall
C o m m i s - be a resident and citizen o f this State, as head o f the said
sioner.
department, at a salary o f six thousand dollars per year, to
be paid monthly, whose term o f office shall be three years and
until his successor is appointed, and whose title shall be com
missioner o f labor; the commissioner shall, with the approval of
the governor, appoint the assistant commissioner who shall be
an architect, engineer or mechanic, he shall receive a salary of
three thousand dollars per year, to be paid monthly; the govinspectors. ernor shall appoint eleven suitable persons as inspectors, two
of whom shall be women, whose salary shall be one thousand five
hundred dollars per year each, to be paid monthly; the terms o f
office o f the assistant and the inspectors shall be three years
unless sooner removed by the commissioner; the assistant and the
inspectors shall each be furnished with certificates o f authority by
the secretary o f state, and they shall produce the same if so recommTssione°i-f ( luire(l by any manufacturer; the commissioner shall have the
etc.
’ power, out o f the appropriation made for the purpose o f carrying
on the work o f the department, to purchase badges for the assist
ant, the inspectors and himself, the commissioner may divide the
State into districts, assign inspectors to such districts, and may,
in his discretion, transfer them from one district to another; the
commissioner, assistant and inspectors may administer oaths and
take affidavits in matters relating to the enforcement o f this act;
the commissioner shall have the right to employ such department
clerks for carrying on the work o f the department as may, in his
judgment, be necessary; such clerks shall receive such salaries as
the commissioner, with the approval o f the governor, shall fix, to
be paid by the treasurer on warrant o f the comptroller in equal
monthly installments; when the work o f the department shall
Extra inspec-necessitate the employment o f additional inspectors, the eommistors*
sioner shall have the power to employ such inspectors at such
compensation and for such length o f time as he may deem neces
sary, and such extra inspectors shall have the same rights, powers
and privileges as the inspectors appointed by the governor; all
salaries and expenses incurred by the commissioner, assistant and
all inspectors, in the discharge o f their duties, and all salaries
and expenses necessary to carry out the provisions o f this act,
shall be paid from the funds o f the State, out o f the moneys ap
propriated for that purpose, by the treasurer, upon warrant of the
comptroller, upon presentation o f proper vouchers for the same,
Duties.
approved by the commissioner; it shall be the duty o f the commis
sioner to enforce the provisions o f this act and to exercise super
vision and control over* the assistant and the inspectors, and to
cause inspections to be made o f the factories, mills, workshops,
LABOR LAWS----NEW JERSEY---- COMPILED STATUTES----1910.
1393
and places where the manufacture o f goods o f any kind is carried
on, by the assistant and the inspectors, as often as practicable,
and to make a report of the work o f the department to the gov
ernor of the State on or before the thirty-first day o f October in
each year; to prosecute violations o f the provisions o f this act in
any district court, recorders’ courts o f cities and before any justice
of the peace having due jurisdiction, or in any other court of com
petent jurisdiction in this State; the commissioner, the assistant
commissioner and the inspectors shall have the right at all rea
sonable hours to enter and inspect factories, mills, workshops and
places where the manufacture o f goods o f any kind is carried on,
and each inspector shall make a report in writing o f such inspec
tions to the commissioner at least once in each w eek; inspectors
shall make out a list o f minors discharged, with the name o f child
in full, residence, street and number, name o f place from which
such minor was discharged and date o f discharge; he shall send
or deliver within twenty-four hours, such list to the principal o f
the public school in the district where the minor resides, or to the
truant officer having such school district in charge; every deputy
inspector shall devote at least eight hours o f every working day
except public holidays, and four hours on Saturdays, to the dis
charge o f his or her duties as such deputy inspector, unless pre
vented by illness or other disability, and no deputy inspector shall
engage in any business, occupation or employment during his or
her term o f office that will in any way interfere with or prevent
the full and faithful performance o f such duties.
Sec. 61. In addition to the inspectors provided by the act to Additional inwhich this is a supplement, and the amendments and supplements sPectors*
thereto, the governor shall, immediately after the passage o f this
act, appoint two suitable persons as inspectors, one o f whom shall
be a woman, whose salary, powers and duties and term o f office,
shall be the same as the inspectors already provided for.
S ec. 73. Every person or corporation employing female emtof
ployees in any manufacturing, mechanical or mercantile establish- female employ
ment in this State shall provide suitable seats for the use of the ees.
female employees so employed, and shall permit the use o f such
seats by them when they are not necessarily engaged in the active
duties for which they are employed.
S ec. 74. Any person or corporation who shall be guilty o f any
renaity.
violation o f the provisions o f this act shall be liable to a penalty
o f fifty dollars for each offense: Provided, That ten days’ notice Proviso,
in writing shall be given by any person or persons who may choose
to do so, to any person or persons or corporation violating this act,
that they are required to comply with the provisions of the first
section o f this act [sec. 73], and any person or corporation failing
to comply therewith upon or before the expiration o f ten days
from the date o f service o f such notice, shall be liable to the
said penalty o f fifty dollars for each offense, to be recovered in
an action of debt in any district court in any city or before any
justice o f the peace having jurisdiction in civil causes; * * *
Employment of labor— 'Notice of discharge.
(Page 3039.)
Section 79. Whenever any operative in any mill, factory or
N o t i c e of
other manufacturing establishment shall contract or agree with ^givenfwhen!
his or her employer, or the agent o f such employer, to forfeit any
part of his or her wages or pay in case he or she shall quit work
or service in such mill, factory or manufacturing establishment,
without giving a certain specified notice o f intention so to do,
such operative shall, before being discharged from such work or
service, be given notice thereof for the same length of time as
that o f the notice required o f him or her as aforesaid, and in
default o f such notice, shall receive wages or pay for the same
length o f time for which his or her wages or pay would have been
forfeited in case he or she had quit such work or service without
39387°— Bull. 148, pt2— 14------ 12
1394
BULLETIN OF THE BUBEAU OF LABOR STATISTICS.
Adjustment notice as aforesaid; and whenever, in such a case, the wages or
of wages.
pay of such operative shall not be a fixed sum, as for instance, so
Proviso.
much per day or week, then the wages or pay to be so received by
such operative shall be the amount he or she might ordinarily
have earned in the time for which such notice should have been
given; and such operative, upon making demand for such wages
or pay, and a refusal to pay the same, shall be entitled to sue for
and recover the same, the same as if it was due under an express
contract; and if he or she shall recover judgment in such suit for
such wages or pay, or for a larger amount than had been tendered
him or her in case a tender had been made, then he or she shall
be allowed as part o f the costs thereof, an attorney’s fee, to be
fixed by the court, and in case the defendant shall appeal from
such judgment, and shall not be successful on such appeal, then
such operative shall be allowed, as part o f the costs of such ap
peal, an additional attorney’s fee, to be fixed by the cou rt: Pro
vided, however, That such operative shall not be entitled to re
ceive or recover such wages or pay in consequence o f having been
discharged without notice as aforesaid, if he or she, by his or her
misconduct in or about such work or service, or incompetency to
perform properly such work or service, shall have given or af
forded sufficient cause for such discharge.
Beats for female employees—Mercantile establishments.
(Page 3041.)
Seats to be Section 85. Every individual, firm, or corporation or the man
provided.
aging agent of such individual, firm, or corporation, having in
his or their employ one or more females engaged in the services
and operations incident to any commercial employment, shall
provide and maintain seats o f a suitable kind, conveniently sit
uated at or near the counter, workbench, or other places where
her or their work is ordinarily performed, for the use o f such
females, who shall be allowed free access to such seats at all
times except when engaged in the discharge o f duties that can
not properly be performed in a sitting position.
Enforcement.
Sec. 86. It shall be the duty o f the commissioner o f labor and
his authorized deputies to see that the provisions o f this act are
carried out in all the mercantile establishments throughout the
State in which female labor is employed, and the said commis
sioner or one o f his deputies shall thereafter at reasonable inter
vals examine and inspect all such mercantile establishments for
the purpose of seeing that the seats as provided fo r in this act
are fully maintained, and that female employees are permitted
to use them freely and without hindrance according to the spirit
of this act.
Violations.
Sec. 87. Any individual, firm or corporation owning or manag
ing an establishment to which this act applies, who shall fail
to comply with its requirements within ten days after the date
on which notice to do so has been served by the commissioner
of labor or one of his deputies shall be liable to a penalty of
twenty-five dollars (25) for each offense, and a failure to comply
within the period of ten days ( 10 ) with such repetition of the
notice as may be necessary, shall each constitute a separate of
fense.
Liability of employers for injuries to employees.
(rage 3042.)
Section 80. Where, * * * personal injury or death results
I n juries
caused by— to an employee who is himself in tbe exercise o f reasonable care
at the time:
By reason of any defect in the condition o f the place, ways,
Defective ma I.
chinery ;
works, machinery or plant connected with or used in the business
of the employer, which arose from, or had not been discovered or
LABOR LAWS----NEW JERSEY----COMPILED STATUTES----1910.
1395
remedied, owing to the negligence o f the employer or o f any per
son in the service of the employer, and entrusted by him with the
duty of seeing that the place, ways, works, machinery or plant
were in proper condition; or
II. By reason of negligence o f any person in the service o f the Negligence of
employer entrusted with, and at the time o f the injury exercising superintendsuperintendence, whose sole or principal duty is that of superin- entJ
tendence, or in the absence o f such superintendent o f any person
acting as superintendent, with the authority or consent o f such
employer; or
III. By reason o f the negligence o f any person in the service o f Negligence of
the employer who has the charge or control o f any signal, switch, p e r s o n
in
locomotive engine or train upon a railroad; said employee, or in
signals
case the injury results in death, the executor or administrator o f etc.
*
such deceased employee who has left surviving a husband, wife or S t a t u s of
next of kin, shall have the same right o f compensation and reme- claim.
dies against the employer as if the employee had not been an em
ployee of, nor in the service of the employer, nor engaged in his
work. The provisions o f law relating to actions for causing death
by negligence, so far as the same are consistent with this act,
shall apply to an action brought by an executor or administrator
of such deceased employee suing under the provisions of this act.
Sec. 90. No action against an employer for recovery o f compen- Notice,
sation for injury or death o f an employee under this act shall be
maintained unless notice o f the time, place and cause o f injury is
given to the employer within one hundred and twenty (120) days,
Limitation,
and the action is commenced within one year after the occurrence
of the accident causing the injury or death. The notice required
by this section shall be in writing and signed by the person in
jured, or by some one in his behalf, but i f from physical or mental
incapacity it is impossible for the person injured to give notice
within the time provided in said section, he may give the same
within ten (10) days after such incapacity is removed. In case
of his death without having given such notice his executor or ad
ministrator may give such notice within sixty (60) days after his
appointment, but no notice under the provisions o f this section
shall be deemed to be invalid or insufficient solely by reason o f
any inaccuracy in stating the time, place, or cause o f the injury if
it be shown that there was no intention to mislead, and that the
party entitled to notice was not, in fact, misled thereby. The
notice required by this section shall be served on the employer, or
if there is more than one employer, upon one o f such employers,
and may be served by delivering the same to, or at the residence
or place of business o f the person on whom it is to be served. The
notice may be served by post by registered letter, addressed to the
person on whom it is to be served, at his last known place o f resi
dence or place o f business, and if served by post shall be deemed
to have been served at the time when the letter containing the
same would be delivered in the ordinary course of the post. When
the employer is a corporation notice shall be served by delivering
the same or by sending it by post by registered letter, addressed
to the office or principal place o f business o f such corporation.
Sec. 91. An employee by entering upon, or continuing in the
A ssu m p tio n
service o f an employer, shall be presumed to have assumed all of risks,
risks necessarily incident to his occupation or employment. The
necessary risks o f the occupation or employment shall, in all cases
arising after this act takes effect, be considered as including those
risks, and those only, which are inherent in the nature o f the
business, and which remain after the employer has exercised due
care in providing for the safety o f his employees, and has com
plied with the laws affecting or regulating such business or occu
pation for the greater safety o f such employees. In an action
maintained for the recovery o f damages for personal injuries to
an employee, received after this act takes effect, owing to any
cause for which the employer would otherwise be liable, the fact
that the employee continued in the service of the employer in the
same place and course of employment after the discovery by such
1396
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
employee, or after he had been informed of the danger o f personal
injury therefrom, shall not, as a matter of law, be considered as
an assent by such employee to the existence or continuance o f
such risks o f personal injury therefrom, or as negligence conC ontr ibu- tributing to such injury. The question whether the employee untory n e g l i - derstood and assumed the risk o f such injury, or was guilty o f
gence.
contributory negligence, by his continuance in the same place and
for(iu1 vSti0nS C0Iirse o f employment with knowledge o f the risk o f injury, shall
r
be one o f fact, subject to the usual powers o f the court in a proper
case to set aside a verdict rendered contrary to the evidence. An
employee, or his legal representative, shall not be entitled under
this act to any right o f compensation or remedy against the em
ployer in any case where such employee knew o f the defect or
negligence which caused the injury, and failed, within a reason
able time to give, or cause to be given, information thereof to the
employer, or to some person superior to himself in the service o f the
employer who had entrusted to him some general superintendence,
Defects to be unless it shall appear on the trial that such defect or negligence
reported.
Was known to such employer or superior person, or could have
been discovered by reasonable and proper care or inspection by
such employer or superior person prior to such injury to the em
ployee.
Contributions
Sec. 92. An employer who shall have contributed to an insurby employer as ance fund created and maintained for the mutual purpose o f in
offset.
demnifying an employee for personal injuries, for which compen
sation may be recovered under this act, or to any relief society or
benefit fund, may prove in mitigation o f damages recoverable by
an employee under this act such proportion o f the pecuniary
benefit, which has been received by such employee from such fund
or society on account o f such contribution o f employer, as the con
tribution o f such employer to such fund or society bears to the
whole contribution thereto.
Construction S ec. 93. Every existing right of action for negligence or to reof statute.
cover damages for injuries resulting in death is continued, and
nothing in this act contained shall be construed as limiting any
such right o f action, nor shall the failure to, give the notice pro
vided for in section two (2) [sec. 90] of this act be a bar to the
maintenance of a suit upon any such existing right o f action.
Payment of wages.
(Tage 3044.)
Goods not to
Section 94. No goods, chattels or personal property whatsoever,
be removed,
^eing in this State, and belonging to any manufacturer cr other
som.
person or persons, or to any corporation, shall be liable to be re
moved by virtue o f any execution, attachment or other process,
unless the party by whom or at whose suit the said execution, at
tachment or other process was issued or sued out, shall first pay
or cause to be paid to the operatives, mechanics and other em
ployees employed by such manufacturer, person or persons or cor
poration, the wages then owing from such manufacturer, person,
persons or corporation, to the operatives, mechanics and other
employees employed by them: Provided, The same shall not ex
ceed two months’ wages, and in case the sum owing as aforesaid
shall exceed two months’ wages, then the said party at whose suit
such process is sued out, upon paying the said operatives, me
chanics and other employees two months’ wages, may proceed to
execute his process as he might have done before the passage o f
this a c t; and the sheriff or other officer is hereby empowered and
required to levy and pay to the plaintiff, as well the money so
paid for wages as the money to be made by virtue of such process,
gEa
tlie gkeri££ or 0ther officer shall, by virtue o f any
execution, attachment or other process, remove from the posses
sion or premises of any person, persons or corporation against
whom such process may be issued-, any goods, chattels or per
sonal property, without first paying to the operatives, mechanics
LABOR LAWS— NEW JERSEY— COMPILED STATUTES— 1910. 1 3 9 7
and other employees o f such person or persons or corporation,
their wages to the amount in the preceding section specified, such
goods or chattels or personal property shall not be sold by such
sheriff or other officer so taking or removing the same, until
ten days after such removal, and then not until the plaintiff or
party at whose suit such goods or chattels are taken as aforesaid
shall, before the sale thereof, pay to the operatives, mechanics and
other employees of such person or persons or corporation against
whom such process is issued-, the wages due them at the time of
such removal: Provided, The same shall not in any case exceed
two months’ wages, and if more than two months’ wages is owing
to such operatives, mechanics or other employees, then the party
by whom or at whose suit such execution or other process is issued,
by paying two months’ wages, may proceed to execute his process,
and sell such goods or personal property: Provided, The persons
to whom such wages may be owing shall, before the expiration of
said ten days after such removal, give notice to the sheriff or
other officer holding such process o f the amount o f wages due
and claim the same, which notice may be served by delivering the
same to said officer or leaving a copy thereof at his usual place
o f abode.
Sec. 96. Whenever, in any suits at law or in equity, pending
in any o f the courts o f this State, it shall become necessary or
advisable for such court to appoint a receiver to take the charge
and possession of the goods, chattels and personal property o f any
manufacturer, distiller, brewer or producer o f any manufactured
articles, in whatsoever stage the same may then be, and then
being due and unpaid to the mechanics, workmen and laborers em
ployed by such manufacturer and other persons, sole or corporate*
producing such manufactured articles, wages for the labor and
services by such mechanics and workmen bestowed upon the goods,
chattels and personal property thus then taken by such receiver,
it shall be the duty o f the chancellor, or o f the judge appointing
such receiver, on being petitioned by such workmen and employees
for the payment o f such unpaid wages due to them, setting forth
the nature and kind o f services performed, and o f the amount due
to such petitioners, to make an order directing a reference to a
master in chancery to ascertain and report upon the correctness
o f the allegations in such petition contained, and of the amount
o f wages then due and unpaid to such petitioner and petitioners,
and thereupon further direct such receiver forthwith to make sale
o f so much of such personal property as may be necessary to pay
such wages to such employees and workmen in preference to any
other creditor, and without delay.
Sec. 101. It shall not be lawful for any glass manufacturer,
ironmaster, foundryman, collier, factoryman, employer, cranberry
grower or his agent or company, their agents or clerks, to pay the
wages of workmen or employees by them employed in either store
goods, merchandise, printed, written, verbal prders, or due bills of
any kind.
Proviso.
Wages a prior
claim,
Sale of personai property,
Payment in
etc > unlawful*
An agreement by a workman to take merchandise in partial payment
for his.services is a violation of this section. 33 Atl. 210.
Sec. 102. Any glass manufacturer, ironmaster, foundryman, collier, factoryman, employer, cranberry grower or his agent, or com
pany paying to the said workmen or employees, or authorizing
their clerks or agents to pay the wages, or any part thereof, in
either store goods, merchandise, printed, written, verbal orders, or
due bills o f any kind, except as aforesaid, shall forfeit the amount
o f said pay or any part o f wages o f said workman or employee
given in store goods, merchandise, printed, written, verbal orders
or due bills o f any kind, and the same not to offset against the
wages of said workman or employees, but he or they shall be en
titled to recover the full amount of his or their wages, as though no
such store goods, merchandise, printed, written, verbal orders or
due bills had been given or paid; and no settlement made with
such employer shall bar such action until after a lapse of one year
from such settlement.
Forfeiture,
1398
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Application gEc. 103. Tlie provisions o f tliis act sliall extend to all seamPenalty
stresses, females and minors employed in factories or otherwise.
Sec. 104. Any glass manufacturer, ironmaster, foundryman, col
lier, factoryman, employer or company offending against the pro
vision [s] o f this act, shall be guilty o f a misdemeanor and punish
able by a fine o f not less than ten dollars or more than one hun
dred dollars for each and every offense, or imprisonment not to
exceed the term o f thirty days, at the discretion of the court,
to c o n ? r o ?
Sec. 105. It shall not be lawful for any manufacturer, firm,
trade.
company or corporation, their agents, clerks or superintendents,
in this State, who own or control a store for the sale of general
store goods or merchandise In connection with their manufactur
ing or other business, to attempt to control their employees or
laborers in the purchase o f store goods and supplies at the afore
said store by withholding the payment o f wages longer than the
usual time o f payment, whereby the employee would be compelled
to purchase supplies at said manufacturer's, firm’s, company’s or
corporation’s store.
Penalty.
Sec. 100. Any manufacturer, firm, company or corporation of
fending against the provisions of this act, the same shall be a
misdemeanor, and on conviction in any court having jurisdiction
thereof, shall be fined not to exceed one hundred dollars, with
costs o f suit, for each offense, to be sued by and for the benefit of
any citizen o f the State,
f o° ° detention Sec*
^ shall not be lawful for any corporation doing busiof wages.
ness in this State to require workmen, laborers or other employees,
in their contract o f employment, or prior or subsequent thereto,
to sign a written consent for said corporation to retain or keep
back any part o f their wages when due, under pretense o f invest
ing the same or establishing a fund for the relief or assistance of
such workmen, laborers or other employees when sick or other
wise disabled.
Retention of Sec. 110. It shall not be lawful for any corporation o f this State,
wnsentW © or any corporation doing business in this State, to retain or keep
back any part o f the wages due their workmen, laborers or other
employees, without the free and voluntary consent o f such work
men, laborers or employees, under pretense o f assisting, relieving
or maintaining said employees when sick or otherwise disabled.
D iversions
Sec. 111. All such diversions o f the wages o f the employees withpubiic^Ucy. out the free and voluntary consent o f such workmen, laborers or
employees o f corporations aforesaid when due from the use, pos
session or control o f said employees, to the control or possession
of said corporation for the pretended use or benefit o f said em
ployees, shall be adjudged by the courts o f this State to be against
jjublic policy.
Penalty.
Sec. 112. All violations o f the first or second sections of this act
[secs. 100 and 1 1 0 ] by the directors or managing officials o f any
corporation o f this State or corporation doing business in this
State shall be deemed a misdemeanor, and shall subject them or
any o f them to an indictment for misdemeanor in any county in
this State where said corporation does business, and upon convic
tion thereof he, she or they shall be punished by fine or imprison
ment in the county jail, said fine not to exceed two hundred dol
lars and said imprisonment not to exceed six months, or both, in
the discretion o f the court.
D i s counting Sec. 113. It shall not be lawful for any person or persons to
wagesm S
purchase or have assigned to him or them any pay or wages due,
or to become due, to any laborer or employee o f any corporation
or individual or individuals doing business in this State, for any
work or labor to be rendered by such laborer or employee of any
such corporation or individual or individuals, upon which such
person or persons so purchasing or having assigned to him or
them shall directly or indirectly have received, or contracted to
receive, from such laborer or employee, more than the legal rate
o f interest established by the laws o f this State upon the amount
of such pay or wages due, or to become due, so purchased or as
signed.
LABOR LAWS----NEW JERSEY----COMPILED STATUTES----1910.
Sec. 114. Any person or persons violating the first [sec. 113] section o f this act shall he deemed guilty o f a misdemeanor, and, on
conviction thereof, shall be punished by a fine not exceeding five
hundred dollars, at the discretion o f the court: Provided, however, That this act shall not apply to any assignment of such pay
or wages, made for the payment of any goods, wares or merchan
dise sold to such employee for the full value, or for any profes
sional service rendered to such laborer or employee mentioned in
such assignment.
Sec. 123. Every person, firm, association or partnership doing
1399
Tenalty.
proviso.
Biweekly pay
business in this State, and every corporation organized under o r day*
acting by virtue o f or governed by the provisions o f an act entitled
“ An act concerning corporations” (revision of one thousand eight
hundred and ninety-six), in this State, shall pay at least every
two weeks, in lawful money o f the United States, to each and
every employee engaged in his, their or its business, or to the
duly authorized representative o f such employee, the full amount
o f wages earned and unpaid in lawful money to such employee,
up to within twelve days of such payment: Provided, however, Proviso.
That if at any time of payment, any employee shall be absent from
his or her regular place of labor and shall not receive his or her
wages through a duly authorized representative, he or she shall be
entitled to said payment at any time thereafter upon demand;
any employer or employers as aforesaid who shall violate any o f
the provisions of this section, shall be deemed guilty o f a misde
meanor and shall be punished by a fine o f not less than twentyfive dollars and not more than one hundred dollars for each and
every offense, at the discretion o f the court: Provided, Complaint
of such violation be made within sixty days from the day such
wages become payable according to the tenor o f this a c t; the pro
visions o f this section shall not apply to any employee or em
ployees engaged in agricultural work or as watermen.
Sec. 124. It shall not be lawful for any such person, firm, asso- Contracts in
ciation, partnership or corporation, as aforesaid, to enter into or violation
of
make any agreement with any employee for the payment of th eact*
wages o f any such employee otherwise than as provided in section
one [section 123] o f this act [secs. 123-125], except it be to pay
such wages at shorter intervals than every two weeks; every
agreement made in violation o f this act shall be deemed to be
null and void, and the penalties provided for in section one hereof
may be enforced notwithstanding such agreement; and each and
every employee with whom any agreement in violation o f this
act shall be made by any such person, firm, association, partner
ship, corporation or the agent or agents thereof, shall have his
or her action and right o f action against any such person, firm,
association, partnership or corporation, for the full amount of
his or her wages in any court o f competent jurisdiction in this
State.
Sec. 125. The department o f labor o f this State shall be and Enforcement,
hereby is authorized and directed to enforce the provisions o f
this act [secs. 123-125] and the commissioner o f labor shall make
complaint against any employer or employers who neglect to
comply with the provisions of this act for a period of two weeks
after having been notified in writing by said commissioner o f labor
o f the violation o f this a c t; and it is hereby made the duty o f county
prosecutors of the pleas o f the various counties in this State, to
appear in behalf o f the department o f labor in all proceedings
brought herein by the commissioner o f labor.
Sec. 126. It shall be lawful for any employer in this State at T o w h o m
any time not less than thirty days after the death o f the
emDiov
ployee, to pay all wages due to such deceased employee to th e ees may be
wife, child or children, father or mother, sister or brother (prefer- paid,
ence being given in the order named) o f the deceased employee,
without requiring letters o f administration to be issued upon the
estate of said deceased employee, where such wages do not exceed
seventy-five dollars in amount: Provided, however, That if such
deceased employee shall not leave a wife, child or children, father,
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
1400
Effect.
mother, sister or brother surviving him, then it shall be lawful
for said employer to pay the wages due such deceased employee,
first, to the undertaker for his services such sum as shall be due
him, and second, the residue, if any, to physician, boarding-house
keeper and nurse, pro rata, upon a bill furnished duly verified by
affidavit
S ec. 127. The payment of such wages shall be a full discharge
and release to the employer from the wages so due and paid.
Protection of employees as members of labor organizations.
(Page 3051.)
tions ^ w o r k ingmen.
SECTI03* 12 & It shall not be unlawful for any two or more persons to unite, combine or bind themselves by oath, covenant, agree-*
ment, alliance or otherwise, to persuade, advise or encourage, by
peaceable means, any person or persons to enter into any combi
nation for or against leaving or entering into the employment of
any person, persons or corporation.
Since this act, it is not unlawful for the members of an association to
combine for the purpose of securing control of the work connected with
their trade, and to endeavor to effect such purposes by peaceable means.
47 Eq. 519.
The purpose of this act was to legalize strikes. It would seem also to
intend a legalization of a combination to induce others to join in a strike,
but the methods must be persuasive and not coercive. 46 Atl. 208.
The statute affects the status of the acts described only as declaring
them not to be criminal, but does not take away the right of any indi
vidual injured by them to bring suit to recover damages. 52 Atl. 152.
pmnwSfvmn
Sec-
corporation or employers o f labor doing business
joining unions. *n the State shall, directly or indirectly or through any manager,
agent, superintendent, or employee thereof, make, as a condition
of employment o f labor in any branch o f its service, that any
applicant or applicants for such employment shall, either indi
vidually or collectively, be required to sign any paper, document,
or writing o f any description, by which an obligation is made or
implied o f renouncing existing membership in any organization,
society or brotherhood, or by which a promise is given o f not
joining such organizations at any future time.
Requiring ressec. 130
corporation or employers of labor shall in like
igna on.
manner require directly or indirectly or through any of its man
agers, superintendents, agents or employees, that any individual
or individuals shall either individually or collectively, in any
manner promise to renounce existing membership in any lodge,
brotherhood, or labor organization of any kind, or promise to
refrain from joining any such lodge, brotherhood, or organization
at any future time.
Penalty.
Sec. 131. Any violation of the above act [secs. 129-131] shall be
punishable with a fine not to exceed five hundred dollars or three
months’ imprisonment, or both, as the court may direct.
Actions for personal injuries—Limitation.
(Page 3164.)
Must be comSection 3. * * * All actions hereafter accruing for injuries
two year
to persons caused by the wrongful act, neglect or default o f any
r
person or persons, firm or firms, individual or individuals, corpora
tion or corporations within this State, shall be commenced and in
stituted within two years next after the cause of such action shall
have accrued and not after.
Inspection o f steamboats.
(Page 3699.)
inspectors of
Section 29. It shall be the duty o f the governor o f this State to
steamboats.
appoint such number of properly qualified persons, not less than
one and not exceeding three, as to him shall seem necessary and
LABOB LAWS----NEW JERSEY---- COMPILED STATUTES— 1910.
1401
advisable, to be official inspectors o f steamboats and steamboat
boilers in this State for the purposes hereinafter mentioned, and
such inspectors shall be appointed to hold their office for one year
from the date of their appointment respectively, and shall be com
missioned by the governor, and any vacancy occurring may be
filled from time to time by a like appointment by the governor at
his discretion; and such inspectors shall, before they enter upon
the discharge o f the duties of their office, take and subscribe an
oath well, faithfully and impartially to discharge the duties o f
their office according to law.
Sec. 30. It shall be the duty o f such inspector o f steamboats and
of in"
steamboat boilers respectively, whenever requested so to do by or p
1 *
in behalf o f any owner or owners of any steamboat or boat pro
pelled by steam power, navigating any o f the inland or private
waters o f this State, and upon tender of the fees fixed by law for
such, service, to thoroughly and carefully inspect and examine
such steamboat and to thoroughly and carefully inspect, examine
and test the steam boiler or boilers thereof for the purpose of
ascertaining whether such steamboat is so constructed and is in
such safe and seaworthy condition and state of repair that pas
sengers can be conveyed thereon in safety and the number of per
sons that can be carried thereon with safety, and also for the pur
pose o f ascertaining whether such steam boiler or boilers is or are
safely constructed and in good repair and condition, and the num
ber o f pounds pressure per square inch which such boiler or boil
ers is or are capable o f sustaining in safety, and forthwith to file
in the office o f the secretary of state a certificate certifying the Certificate,
result of such inspection, and it shall be the duty o f the secretary
of state to record such certificate in a book to be provided for that
purpose, which record shall be a public record; and upon request
by or in behalf o f the owner or owners o f such steamboat and
upon payment o f the fee therefor prescribed by law, in all cases
where such certificate o f the inspector shall show such steamboat
or boat propelled by steam power to be seaworthy and safe for
carrying passengers, and the number o f persons who can safely be
carried thereon at one time, and the boiler or boilers thereof to be
in a safe and proper condition, to issue to the owner or owners o f
such steamboat a license under the great seal o f the State, which
license shall continue in force for one year from the date o f such
inspection and shall specify the name, description o f the steam
boat licensed, the name o f the owner or owners thereof, the num
ber o f passengers it can safely carry at one time, and the number
o f pounds steam pressure per square inch the boiler or boilers
thereof can safely carry and the date o f such inspection and test
and the name o f the inspector and the fact that such steamboat
and the boiler or boilers thereof were by such inspector at such
date inspected and tested and found to be seaworthy and safe to
the capacities stated.
Sec. 36. For each inspection o f a steamboat and its boiler or
Fees,
boilers under the provisions o f this act the inspector performing
such service shall be entitled to charge and receive the sum of
fifteen dollars, * * * and for filing the certificate o f inspec
tion and issuing and recording a license to any steamboat under
the provisions o f this act the secretary o f state shall be entitled
to charge and receive a fee o f three dollars, * * *.
Negligence of employees on steamboats.
(Page 3709.)
Section 65. Any person having the charge, command or control L o a d i n g
of a power vessel who
ltc8ty valves’
*
*
*
*
$
VI. Intentionally loads or obstructs, or causes to be loaded or
obstructed, in any way the safety-valve of the boiler o f any power
vessel or naphtha launch, or employs any other means or device
whereby the boiler of such vessel may be subjected to a greater
1402
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
pressure than is allowed by tlie inspectors’ certificate, or inten
tionally deranges or hinders the operation o f any machinery or
device employed to denote the stage of the water or steam in any
boiler, or to give warning o f approaching danger, or intentionally
permits the water to fall below the prescribed low-water limit o f
the boiler;
*
*
*
*
*
Is guilty of a misdemeanor.
Labor organizations—Municipal advertising in union organs.
(Page 3766.)
Labor newsSection 28. In all cities containing a population of fifty
patronized.
thousand or more inhabitants, as shown by the last preceding
census, all advertising required by law, pertaining to affairs con
nected with the city government, shall be made in a newspaper
specially devoted to the interests o f organized labor, if one be
published in said city, in addition to the official newspaper now
authorized to be designated by law : Provided, Said paper has
been published at least once a week for a period of three years
prior to the passage o f this act [sec. 23], and that the fees for
publication shall not exceed the fees now allowed by law.
Civil service—Labor service.
(Page 3800.)
Unskilled laSection 72. The labor class shall include ordinary unskilled
oorers.
laborers. Vacancies in the labor class shall be filled by appoint
ment from lists o f applicants registered in their respective locali
ties by the civil service commission. Preference in employment
from such lists shall be given according to the date of application.
There shall be separate lists o f applicants for different kinds o f
labor or employments, and the said commission may establish
separate labor lists fo r various localities, institutions and depart
ments. The said commission shall require an applicant for regis
tration for the labor service before he can be registered to furnish
evidence or to pass such examinations as they may deem proper
with respect to his age, residence, physical condition, ability to
labor, sobriety, industry, cajoacity and experience in the trade
or employment for which he applies.
Railroads— Offenses of employees— Strikes.
(Page 4244.)
Section 50. * * * if any person shall, while in charge o f an
engine running upon a track o f any railroad company, or while
acting as conductor o f a car or train, be intoxicated, he shall be
guilty o f a misdemeanor.
D i s obeying
gE < 6 1 . Any employee of any railroad company who shall willC
r s,
*
fully or negligently disregard and disobey any rule, regulation or
published order o f the company in regard to the running o f trains,
shall be deemed guilty of a misdemeanor; * * * the penalties
imposed by this section shall not exclude any other liability, pen
alty or remedy, civil or criminal,
enginen d°ning Sec* 62*
any railroa<1 employee on any railroad within this
& ’
State engage in any strike or with a view to incite others to such
strike, or in furtherance o f any combination or preconcert with
any other person to bring about a strike, shall abandon the engine
in his charge when attached to a train at any place other than the
schedule or otherwise appointed destination of such train, or shall
refuse or neglect to continue to discharge his duty, or to proceed
with such train to the place o f destination aforesaid; or if any
bt es.
railroad employee within this State, for the purpose o f furthering
the object o f or lending aid to any strike organized or attempted
Intoxication.
LABOR. LAWS----NEW JERSEY---- COMPILED STATUTES— 1910.
1403
to be maintained on any other railroad, either within or without
the State, shall refuse or neglect in the course o f his employment
to aid in the movement over and upon the tracks o f the company
employing him of the cars of such other railroad company re
ceived therefrom in the course o f transit, he shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be
fined not less than one hundred nor more than five hundred dol
lars, and may also be imprisoned for a term not exceeding six
months, at the discretion o f the court.
Sec. 63. I f any person in aid or furtherance of the objects o f
Interference
any strike upon any railroad, shall interfere with, molest or o b - s t r i k e r s ,
struct any locomotive engineer or other railroad employee en
gaged in the discharge or performance o f his duty as such, or shall
obstruct any railroad track within this State, or shall injure or
destroy the rolling stock or other property o f any railroad com
pany, or shall take possession o f or remove any such property, or
shall prevent or attempt to prevent the use thereof by such com
pany or its employees, or shall by offer o f recompense induce any
employee o f any railroad company within this State to leave the
service o f such company while in transit, every such person offend
ing shall be deemed guilty o f a misdemeanor, and upon conviction
thereof shall be fined not exceeding five hundred dollars, and may
also be imprisoned not more than one year, at the discretion o f
the court.
Wages as preferred claims—In receiverships of railroads.
(Page 4256.)
Section 86. * * * the surplus, if any, shall be distributed
Wages to be
as the chancellor may direct; and the receiver [o f a railroad] paid,
shall apply all unincumbered personal effects not required in the
operation of the road, and all moneys transferred to him at the
time of his appointment, towards the payment o f wages then due
to employees o f the company, not exceeding two months’ wages;
this section shall not apply to any railroad at any seaside resort
built principally for the transportation o f summer travelers, nor
to a temporary suspension necessary for the completion, recon
struction or change o f grade o f any railroad.
Street railways—Regulations as to employees.
' (Page 4990.)
Section 2. All horse-car passenger railroads in the cities and
Se.^ to **
ts^
towns o f this State shall provide a proper seat upon the front prov
platform o f each car, for the use of the driver on such car when
driving the same, under reasonable restrictions by the company
operating such car as to the use of the said seat in going up or
down grade or otherwise.
Sec. 3. Any such company failing to comply with the require- Penalty,
ments o f the first section of this act [sec. 2 ] shall be liable to a
penalty o f twenty-five dollars for each day any car belonging to
them shall be in use without such seat, to be recovered in an action
o f debt before any justice o f the peace or district court in the
county or city where such railroad may be, by any person suing
for the sam e; one-half o f said forfeiture to be paid to the county
treasury of the county where such suit is brought and one-half
to the person who shall prosecute the same to effect.
S ec. 57. Twelve hours’ labor, to be performed within twelve Twelve hours
consecutive hours, with reasonable time for meals, not less than a day’s work,
half an hour for each, shall constitute a day’s labor in the opera
tion of all cable, traction and horse-car street surface railroads,
and o f all cable, traction and steam elevated railroads, owned or
operated by corporations incorporated under the laws o f this
State, for the employees o f such corporations in operating such
railroads.
1404
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Sec. 58. It shall be a misdemeanor for any officer or agent of
any such corporation to exact from any o f such employees more
than twelve hours’ labor within the twenty-four hours o f the
natural day, and within twelve consecutive hours therein as in
the first section [sec. 57] provided: Provided, however, That in
case o f accident or unexpected contingency demanding more than
the usual service by such corporation to the public, or from such
employees to the corporation, extra labor may be permitted and
exacted for extra compensation.
Act construed.
gEC 59
the true intent and purpose of this act to limit
the usual hours o f labor o f the employees o f railroad corporations
as aforesaid to twelve hours’ actual work a day, to be performed
within a period o f twelve consecutive hours as aforesaid, whether
such employees be employed by the trip or trips, the job, the hour,
the day, the week, the month, or in any other manner.
P l a t forms gE # 15 2 . * * * it shall not be lawful for any company
C
when.
operating a street railway or railroad, or other railroad operated
as a street railway, by means o f electric motors, to use upon its
said railroad or railway any car, motor or vehicle for the convey
ance of passengers, between the first day o f November and the
first day o f April in any year, unless said car, motor or other
vehicle shall be constructed with inclosed or vestibuled platforms,
provided with proper glazed sashes at the ends of the car and
with open doorways at the sides,
renalty.
Sec. 153. For each day, or part of day, any such car, motor or
other vehicle for the conveyance o f passengers shall be operated
and used in the operation o f any street railroad or railway oper
ated by means o f electric motors, the company owning or operat
ing said car, motor or vehicle shall be liable to a penalty o f
twenty-five dollars, to be recovered in any court o f competent
jurisdiction, together with the costs o f suit, by the person, board
or other authority having by law control o f the police department
of any municipality in which or through which said car, motor or
vehicle shall be operated; the said penalty, when recovered, to be
paid into the treasury o f said municipality the same as the
penalties collected for infraction of other police regulations of
said municipalities.
Penalty.
Employment of intemperate 'drivers on public conveyances.
(Pago 5652.)
S o b e r and
Section 9. It shall be, and hereby is declared to be the duty of
ersU to be em-tlie owner or owners o f every stagecoach, wagon, or other carployed.
riage, used for conveying passengers for hire or reward, to employ
none but prudent, careful, arrd sober drivers o f every such stage
coach, wagon, or other carriage; and in case any such stagecoach,
wagon or other carriage, in which any passenger or passengers
shall be traveling, shall be overset in consequence or by reason of
intoxication the intoxication or misconduct o f the driver thereof, the driver so
0
vet‘
offending shall be deemed guilty o f a misdemeanor, and on convic
tion thereof, shall be punished by fine or imprisonment, or both,
at the discretion o f the court before whom such conviction shall be
had, the fine not to exceed one hundred dollars, nor the imprison
ment twelve months; and the owner or owners of any stagecoach,
wagon, or other carriage, which shall be overset, as aforesaid,
shall be jointly and severally liable to each and every passenger
who shall be personally injured thereby, for all damages thereby
sustained.
Sunday labor.
(rage 5712.)
Sunday labor S ection 1. No traveling, worldly employment or business, ordiforbidden.
nary or servile labor or work either upon land or water (works
of necessity and charity excepted), * * * , shall be done, per
formed, used or practiced, by any person or persons within this
State, on the Christian Sabbath, or first day of the week, com-
LABOR LAWS----NEW JERSEY----COIJPILED STATUTES----1910.
monly called: Sunday; and that every person, being o f the age of
fourteen years or upwards, offending in the premises, shall for
every such offense, forfeit and pay, * * * the sum of one
dollar; and that no person shall try, show forth, or expose to sale,
any wares, merchandise, fruit, herbs, meat, fish, goods, or chattels,
upon the first day of the week, commonly called Sunday, or sell
or barter the same, upon pain that every person so offending shall
forfeit and pay * * * , the sum o f two dollars; * * * :
And provided further, That it shall and may be lawful for any
railroad company in this State to run one passenger train each
way over their roads on Sunday, for the accommodation of the
citizens of this State.
1405
Railroads,
The prohibition of traveling on Sunday does not apply to the use of
those trains of cars which are authorized to run on that day. 17 Yr. 7.
Sec. la. * * * It shall not be unlawful for any person or
Acts permitcorporation, on the Christian Sabbath, or first day of the w eek,ted*
commonly called Sunday, to print, publish and sell newspapers, to
sell and deliver milk, or to walk, ride, or drive for recreation, and
to hire horses and carriages or other conveyances for riding or
driving: Provided, however, That the board of aldermen, common Proviso,
council, township committee, or other governing body of the mu
nicipalities, or incorporated camp meeting associations of this
State shall have the power to adopt such ordinances or rules as
they may deem necessary and proper to regulate or prohibit the
acts hereby made lawful, and may prescribe fines and penalties
for the violation of the same, which shall be enforced and col
lected in the same manner as is now provided by law for the
violation o f other ordinances and rules o f such municipalities or
associations.
Sec. 3. I f any stage or stages shall be driven through any part R u n n i n g
o f this State on the first day o f the week, called Sunday, except stasessufficient reason shall be offered to show that it be done in cases
o f necessity or mercy, or in case o f carrying the mail to or from
any post office, the driver or drivers, proprietor or proprietors o f
such stage or stages, shall, on being thereof convicted * * *
forfeit and pay the sum o f eight dollars for every such of
fense ; * * *
S e c . 4. No wagoner, carter, drayman, drover, butcher, or any o f Carters, drovhis or their servants, shall ply or travel with his or their wagons, ers’
carts or drays, or shall load or unload any goods, wares, merchan
dise, or produce, or drive cattle, sheep or swine, in any part of
this State, on the first day o f the week, called Sunday, under the
penalty of two dollars for every offense, * * *
Sec. 13. No transportation o f freight, excepting milk, on any . Transportapublic highway, railroad or canal, shall be done or allowed by
° relg *
any person or persons within this State, on the first day o f the
week, commonly called the Christian Sabbath: Provided, That
nothing in this act contained shall be construed so as to prevent
the transportation o f the United States mail by railroad or on the
public highways, or to the regular trips o f ferryboats within the
State or between this and another State.
Sec. 33. Every inhabitant o f this State, who religiously observes Observance of
the seventh day o f the week as the Sabbath, shall be exempt from seventh day.
answering to any process, in law or equity, either as defendant,
witness, or juror, except in criminal cases; likewise from execu
ting, on the said day, the duties of any post or office to which he
may be appointed or commissioned, except when the interest of
the State may, absolutely require it, and shall also be exempt from
working on the highways, and doing any militia duty on that day,
except when in actual service.
Sec. 34. I f any person, charged with having labored or worked
Defense,
on the first day o f the week, commonly called Sunday, shall be
brought before a justice of the peace to answer the information
and charge thereof, and shall then and there prove, to the satis
faction o f the said justice, tha't he or she uniformly keeps the
seventh day of the week as the Sabbath, and habitually abstains
1406
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Provisos.
from following his or her usual occupation or business, and from
all recreation, and devotes the day to the exercise of religous worship, then such defendant shall be discharged: Provided, always,
That the work or labor, for which such person is informed against,
was done and performed in his or her dwelling house or workshop,
or on his or her premises or plantation, and that such work or
labor has not disturbed other persons in the observance of the first
day o f the week as the Sabbath: And provided also, That nothing
in this section contained shall be construed to allow any such per
son to openly expose to sale any goods, wares, merchandise, or
other article or thing whatsoever in the line o f his or her business
or occupation.
ACTS OF 1011.
C hapter 88.—Payment
of wages— Semimonthly pay day— Em
ployees of counties.
Scope of law.
Section 1. All county employees in counties of the first class
o f this State shall be paid semimonthly.
C hapter 94.—Labor organizations— Bribery of representatives—
Foremen accepting fees from employees.
Bribery forSection 1. Any person who gives or offers to give any money or
bidden.
other thing or things o f value to any duly appointed represen
tative o f a labor organization, with intent to influence him in
respect to any o f his acts, decisions or other duties as such rep
resentative, or to induce him to prevent or cause a strike by the
employees o f any person or corporation, or any such representa
tive who accepts or agrees to accept any money or other thing
or things of value for such purpose or purposes, shall be guilty
of a misdemeanor.
A c c e p ting Sec. 2. Any person employed by any individual or corporation
Diovmentr em *n this State as foreman, or in a similar capacity, having other
workmen or employees under his control or authority, who shall
accept from any such workman or employee any sum of money
or any thing or things o f value for the purpose o f influencing
such foreman or person in authority to retain such workman or
employee in his position; or for the purpose o f procuring employ
ment in the business o f such individual or corporation, or to avoid
being discharged from such employment; or any person who
shall agree or offer to accept a sum of money or any thing or
things o f value for the purposes mentioned in this section, or
any person who shall give or offer to give to any such foreman or
person in control or authority, any money or any thing or things
of value for the purposes mentioned in this section, shall be guilty
o f a misdemeanor.
Witnesses to
Sec. 3. On the trial of any indictment against any person or
testify.
persons for violation of any o f the provisions o f this act, all
witnesses sworn on any such trial shall truly answer all questions
put to them which the court shall decide to be proper and per
tinent to the issue involved; and no witnesses shall be excused
from answering any such question on the ground that to answer
the same might or would incriminate him, or might or would tend
to incriminate him; but no answer or answers made by any
witness to any such question shall be used or admitted in evi
dence in any proceeding against said witness, except in case of a
criminal proceeding for perjury in respect to his answers to such
questions.
C hapter 136.—Employment of children— General provisions.
Employment
Section 1. No child under the age o f fourteen years shall be
timeDg
employed, allowed or permitted to work in any mercantile estab
lishment during any o f the hours in which the public schools are
in session in the district in which such child resides; any corpora
tion, firm or individual who shall employ, allow or permit to work
LABOit LAWS----NEW JERSEY----ACTS OF 1911.
1407
in any mercantile establishment any child under the age of four Age limit.
teen years during the time prohibited by this section shall incur a
penalty o f fifty dollars.
Hours of la
S ec. 2. No child under the age o f sixteen years shall be em
ployed, allowed or permitted to work in or in connection with bor.
any mercantile establishment more than fifty-eight hours in any
one week, or before seven o’clock in the morning or after seven
o’clock in the evening o f any day (excepting one day in the week,
when such minors may be permitted to work until nine o’clock in Nightwork.
the evening). The provisions o f this section shall not apply to
the employment o f such minors between the fifteenth day and the
twenty-fifth day o f December, inclusive, when such minors may
be permitted to work until ten o’clock in the evening; any corpo
ration, firm or individual who shall violate any o f the provisions
o f this section shall be liable to a penalty o f fifty dollars.
S ec. 3. It shall be the duty o f the commissioner o f labor, the Enforcement.
assistant commissioner, or the inspectors of the department of
labor, or truant officers or other person empowered by law to
compel the attendance o f children at school, and they shall have
power to investigate and inspect all mercantile establishments
coming under the intent and provisions o f this act.
S ec. 4. A corporation, firm or person owning or operating a Registers.
place or places coming under the provisions o f this act, and em
ploying, allowing or permitting children actually or apparently
under sixteen years o f age to work therein, shall keep or cause to
be kept in the main office o f such place in the town or city in
which such place is located, a register or record in which shall
be recorded the name, place of residence and time o f employment
o f all such minors employed therein, together with a transcript
o f the record o f birth o f such minors duly attested by an officer
having by law the authority to keep records of birth in the State,
county or city in which such child was born; if no such birth
certificate can be obtained, and the child was baptized, then a
certified copy of the baptismal record o f the church or parish in
which such baptism took place, duly certified as a true copy under
the hand of the person having the custody o f such church or
parish records, which shall set forth the age o f the child at the
time of baptism. In the case o f foreign-born children, the same
transcript of the record o f the birth or baptismal certificate shall
be required as is required o f a native-born child, in addition to
the passport under which such child was admitted to this coun
try, or a true copy o f the same. The commissioner o f labor shall
have power to issue permits o f employment to children, upon Permits.
the production o f evidence o f the child’s age, satisfactory to the
commissioner: Provided, That he shall first be satisfied that the
child cannot obtain a transcript o f the birth record or passport or
a baptismal certificate as above provided; such registers, cer
tificates and transcripts shall be produced for inspection upon
demand o f the commissioner, assistant, or any o f the inspectors,
or any truant officer or other person empowered by law to com
pel the attendance o f children at school; any corporation, firm or
person failing to keep such registers, or refusing to permit the
persons herein, aufhorized to inspect the same, or the certificates,
transcripts and passports, shall be liable to a penalty of fifty
dollars for each offense.
False state
Sec. 5. Anyone who shall swear falsely to any affidavit or
present any certificate or passport which he or she knows to be ments.
false, and any person or persons who shall aid, assist or advise
the making o f a false affidavit or the obtaining o f a false certifi
cate or passport, shall be liable to a penalty o f fifty dollars for
each offense.
Inspection.
S ec. 6. The commissioner of labor, his assistant, or any in
spector, or truant officer, or other person empowered by law to
compel the attendance o f children at school, is hereby empowered
to enter into and inspect at any reasonable time and without
notice or request for permission all mercantile establishments
coming under the provisions of this act and to demand of any
1408
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
parent, custodian or guardian proof of the age o f the child satis
factory to the commissioner, and such parent, parents, custodian
or guardians shall, within five days after such demand is made,
furnish to such officer proof o f such child’s age; and in the event
of the failure to procure and furnish such proof o f age, such child
shall be discharged by his or her employer upon notice in writing,
signed by the commissioner, and shall not be reemployed until
such proof o f age shall have been furnished to the commissioner.
H oistways,
S ec. 7. The openings o f all hoistways, hatchways, elevators and
etc.
wellholes upon every floor o f any place coming under the provi
sions o f this act shall be protected by good and sufficient trap
doors or self-closing hatches and safety catches, or strong guard
rails at least three feet high, and shall be kept closed and pro
tected at all times except when in actual use by the occupant of
the building having the use and control o f the same.
Ventilation.
Sec. 8. The owner, agent or lessee o f a place coming under the
provisions o f this act, or employer, shall provide in each mercan
tile establishment proper and sufficient means o f ventilation; in
case of failure, the commissioner shall order such ventilation to
be provided; such owner, agent, lessee or employer shall provide
such ventilation within twenty days after the service upon him o f
such order in writing, and in case o f failure shall be liable to a
fine o f ten dollars for each day after the expiration o f the time
given by such order to make the change.
Water-closets,
Sec. 9. Every mercantile establishment shall contain sufficient,
etc.
suitable, convenient and separate water-closets for each sex, which
shall be properly screened, ventilated and kept clean; and also, if
ordered by the commissioner o f labor, a suitable and convenient
wash room ; the water-closets used by women shall have separate
approaches; if women or girls are employed, a dressing room shall
be provided for them when ordered by the commissioner.
Laws to be
Sec. 10. An abstract o f this law shall be prepared and furnished
posted.
upon request by the commissioner to every corporation, firm or
person in this State who is affected thereby, and every such cor
poration, firm or person to whom a copy o f such abstract is sent
or delivered shall post such abstract o f this law and keep it
posted in plain view, in such place that it can be easily read by
the employees or operatives in coming in or going out from said
mercantile establishment.
Hindering in
S ec. 11. No person shall interfere with, delay, obstruct or hin
spectors.
der, by force or otherwise, the commissioner, the assistant com
missioner, inspectors or truant officers while in the performance
of their duties, or refuse to answer, in writing or otherwise, ques
tions asked by such officers relating to the matters coming under
the provisions of this act; no person shall impersonate an officer
of the department or forge his certificate of authority.
Enforcement.
Sec. 12. For the purpose o f carrying into effect the provisions
o f sections seven, nine, ten and eleven of this act the commis
sioner shall be and he is hereby authorized to make such orders
in writing for the protection and safety o f employees and oper
atives and the enforcement o f this act, in places coming under the
provisions o f this act, as in his judgment shall seem necessary to
carry into effect the provisions o f such sections; such order shall
be in writing, signed by the commissioner, and shall specify what
shall be necessary to be done and within what tim e; any corpora
tion, firm or person violating any of the provisions o f sections
seven, nine, ten and eleven, shall, for each offense, be liable to a
penalty o f fifty dollars.
Sec. 13. All proceedings brought under the provisions o f this act
Same.
shall be by action o f debt, in the name o f the commissioner, to be
instituted in any district court o f a city, recorder’s court o f cities,
or before any justice o f the peace having due jurisdiction, * * *
the finding o f the court shall be that the defendant has or has not,
as the case may be, incurred the penalty claimed in the demand of
the plaintiff, and judgment shall be given accordingly; in case an
execution shall issue and be returned unsatisfied, the court, on
application, after notice to the defendant, may award an execu
LABOR LAWS— NEW JERSEY— ACTS OF 1911.
1409
tion to take tlie body of the defendant, if an individual, and in
case such a defendant is committed under such an execution he
shall not be discharged under the insolvent laws o f the State but
shall only be discharged by the court making the order for the
body execution, one or more o f the justices o f the supreme court,
when such court or justice shall be satisfied that further confine
ment will not result in the payment o f the judgment and costs; all
moneys collected under the provisions o f this act shall be paid
into the treasury of the State o f New Jersey.
S ec. 14. Nothing herein contained shall be construed to repeal f Construction
in whole or in part the act * * * [chapter 64, act of 1904] or 0
the amendment thereof and supplements thereto, but the pro
visions of this act shall be held to be in addition thereto.
Sec. 15. “ Mercantile establishment ” as used in this act shall be Definition,
construed to apply to any employment of labor other than a fac
tory, workshop, mill or other place where the manufacture of
goods of any kind is carried on.
C h a p t e r 195.—Accidents
on railroad—Reports and investigations.
Section IT. The board [of public utility commissioners] shall
wer of
have power, after hearing, upon notice, by order in writing,
to require every public utility as herein defined :
*
*
*
*
*
(g)
To give such notice to the board as the board may by rule Reports,
require o f any and all accidents which may occur within this
State upon the property o f any public utility as herein defined
or directly or indirectly arising from or connected with its main
tenance or operation, and to investigate any such accident and Investisation.
to make such order or recommendation with respect thereto as
in its judgment may be just and reasonable.
*
*
*
*
*
C h a p t e r 206.— Inspection
and regulation of factories , etc .—
Foundries.
Section 1. All entrances to foundries shall be constructed and Entrances,
maintained so as to minimize drafts. All passageways in found
ries, now in operation or hereafter to be built, shall be constructed
and maintained o f sufficient width to make them reasonably safe
for the workmen, and no unnecessary obstruction shall be allowed
in such passageways during the hours o f casting. Whenever a v^^ation.
foundry is so constructed or operated that smoke, steam, dust or
noxious gases are not promptly carried off by the general ventila
tion, exhaust fans shall be provided. Foundries shall be reason- Sanitation,
ably well lighted throughout the working hours, and reasonably
well heated during the cold and inclement weather. Hot water
shall be kept available for washing purposes during the season
in which artificial heating is necessary. When it is thought
necessary and advisable by a State factory inspector, facilities
shall be provided for drying the clothing o f persons employed
therein. All pits around furnaces in any such brass factory shall Guards,
be covered with substantial iron gratings. All stairways around Provisions for
such furnaces shall be constructed o f iron. There shall be kept accidents,
on hand at all times in every foundry a reasonable supply o f limewater, sweet oil, vaseline, bandages and absorbent cotton for use
by the workmen in case of burns or accident. It is hereby made
the duty o f each and every State factory inspector to enforce the
provisions of this act.
Sec. 2. Any place or establishment where metal castings or Definition,
cores are made shall be deemed a foundry within the meaning of
this act.
C h a p t e r 210.— Inspection
and regulation of factories , etc,—
Inspectors.
S ection 1. In addition to the inspectors provided by the a ctal Siinspecto0ra
to which this is a supplement [page 3023, secs. 1 6 -6 0], and the provided for.
39387°— Bull. 148, pt 2— 14------ 13
1410
BULLETIN OP THE BUREAU OF LABOR STATISTICS.
amendments and supplements thereto, the commissioner o f labor
shall, immediately after the passage o f this act, appoint six suit
able persons as inspectors, whose salary, powers, duties and term
o f office shall be the same as the inspectors already provided for.
A o D o in tm en t
^E0*
^
inspectors o f the department of labor, appointed
etc.
’ under this act, or the act to which this act is a supplement [page
8023, secs. 1 6 -6 0 ], shall hereafter be appointed by the commis
sioner o f labor, and all inspectors, including those referred to in
paragraph one [sec. 1 ], shall be appointed, hold their offices and
perform their duties subject to the provisions o f an act [page
3795, secs. 5 7 -8 9 ]
* * *
C hapter 214.—Fire escapes on factories, etc.
Exits.
Section 1. Every factory, workshop, mill or place where the
manufacture o f goods o f any kind is carried on shall hereafter,
under the supervision and direction o f the commissioner of labor,
be provided with ample and proper ways and means of egress or
escape in emergency arising from fire or otherwise, sufficient for
the use of all persons therein, and as well shall be protected, so
far as practicable, against the origin and spread of fire.
Two ways of
S ec. 2. Buildings two stories in height used for any purpose as
egress.
stated in paragraph one at the time this act becomes effective,
shall have at least two means of egress from the second story
thereof, placed as far as possible at opposite ends of the room or
building. Such egress may be provided by inside stairways or
outside fire escapes, or both, and doors communicating therewith,
as the said commissioner shall direct. Buildings more than two
stories in height used for any purpose as stated in paragraph one
at the time this act becomes effective, shall have at least two
means of egress communicating with each story thereof, one of
which shall be an inside stairway and one an outside fire escape.
Fire escapes.
sa^ commissioner shall have power to order the construction
o f a second inside stairway and additional outside fire escapes,
doors and windows as in his judgment are necessary to furnish
proper and adequate protection to the inmates of such building.
Location.
Sec. 3. All such fire escapes, stairways, doors and windows
shall be located at such places in or on said building, and shall
include as many stories and doors thereon as the commissioner
Type.
shall direct. All such stairways, fire escapes, doors and windows
added by order o f the commissioner shall conform to the require
ments and standards established by this act for new buildings.
The commissioner is hereby given authority to order such changes
in existing stairways, fire escapes and elevator shafts, doors and
windows as may in his judgment be necessary to establish them
as safe and proper means of egress. Any existing fire escape or
stairway which in the judgment o f the commissioner can not be
made safe and prox>er by alteration shall be condemned, removed
and replaced as the commissioner shall direct.
Construction
Sec. 4. No building shall hereafter be erected, nor any building
of new build-not now used for factory purposes be adopted for such use, nor
ings’
any addition be constructed, more than two stories in height,
unless the plans and specifications, as to stairways, elevator
shafts, fire escapes and doors and windows, ventilation and sani
tation therefor be first submitted to and approved by the com
missioner upon the advice of the department o f charities and
corrections. With such plans and specifications shall be sub
mitted an estimated number of employees to be engaged upon each
story or separated subdivision of any story of the proposed build
ing. Such buildings two stories in height shall conform to the
provisions of paragraph two.
St a i r wa y s Sec. 5. Buildings referred to in paragraph four, more than two
an d fire e s - stories in height, shall be equipped with one or more inside staircapes.
ways and one or more outside lire escapes, the number, location
and construction thereof to be approved by the commissioner.
All stairways and elevator shafts in such buildings shall be en
closed in walls of fireproof or fire-resisting material, which shall
LABOR LAWS----NEW JERSEY----ACTS OF 1911.
1411
run from the foundations to and through th e.roof; the stairways
shall be constructed as nearly as possible of fireproof or fireresisting material, and all entrances thereto shall be protected by
doors of fireproof or fire-resisting material. The commissioner of
labor may require that proper fire stops shall be provided in the
floors, walls and partitions o f such buildings, and may make such
further requirements as may be necessary or proper to prevent
the origin or spread o f fire therein.
Sec. 6 . The first escapes shall be constructed according to speeiForm of fire
fications to be issued or approved by the commissioner o f labor, escapes,
and shall, as near as practicable, conform to the requirements of
this a ct; and shall consist of outside iron balconies, and stairways
at each floor above the first, connecting said balconies to the
ground, except in the case of a fire escape over a public highway,
or private driveway, when balanced stairs shall connect the low
est balcony to the ground in a manner hereinafter specified; the
stairways shall be placed at a slope no steeper than forty-five
degrees, or as near as possible thereto, and shall be, where prac
ticable, on the straight run type similar to a flight o f stairs; the
balcony on the top floor shall be provided with a gooseneck lad
der leading from said balcony to and above the roof, when ordered
by the commissioner. Fire escapes may project into the public
highway to a distance not greater than four feet six inches be
yond the building line. The balconies shall not be less than four
feet wide in the clear, when one balcony is placed directly above
another, and three feet when the escape is constructed on the
straight run plan, taking in at each story above the ground floor
at least one door o f each part of building separated by inside
w alls; they shall be not more than one foot below the door sills,
and extend in front o f and not less than nine inches beyond each
door; there shall be a landing not less than twenty-four inches
square at the head and foot o f each stairway; the stairway wellhole on each platform shall be of a size sufficient to provide a
clear headway^ and shall be protected by a railing similar to that
provided for balance o f platform. All entrances to fire-escape
platforms shall be made by means o f doors, which must be cut
down to the level of the floor, except when some other construc
tion is specified by the commissioner of labor. The doors shall
open in the manner designated by the commissioner o f labor.
A ll doors or windows opening onto a fire escape or directly under
a fire escape shall be metal-covered and all glass used therein
shall be wire glass.
Sec. 7. The floors o f balconies shall be o f wrought-iron slats Balconies,
not less than two inches by three-eighths inch refined fiat wrought
iron placed not more than one inch apart, and well secured and
riveted at each intersection with three-eighths inch rivets, the iron
runners not less than one and three-quarters inch by one and
three-quarters inch by one-quarter inch gusset plate placed at
point o f bracket one-quarter inch think [sic]. Brackets to be riv
eted together with one-half inch rivets driven hot concentric with
•sections, riveted' together in such a manner that the holes are com
pletely filled, and rivets must be well rounded; wall connections
to be provided with one fifteen-sixteenths inch hole. For frame
buildings to have feet turned down two inches on lower flange
of angle with eleven-sixteenths inch hole in same. For brick,
stone or cement buildings to extend in wall one and one-half
inches. The openings for stairways in all balconies shall not be
less than twenty-four inches wide, and such openings shall have
no covers o f any kind; the platforms of balconies shall be con
structed and erected to safely sustain in all their parts a safe
load of not less than eighty pounds per square foot, utilizing a
ratio of four to one between the safe working load and the ulti
mate strength o f all parts.
Sec. 8. All balcony rails shall in no case be less than three feet Balcony rails,
above the floor of balcony, and shall extend around the entire
platform, and in all cases shall go through the wall at each end
and be worked out to three-quarters inch both sides and be prop
1412
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Stairways.
Brackets.
Landings.
erly secured by nuts witli washers at least four inches square and
three-eighths inch thick, and no top rail shall be connected at
angles by gray cast iron. The top rail o f balconies shall be one
three-quarters inch by one-half inch o f wrought iron, or one threequarters inch angle iron at least three-sixteenths of an inch thick,
or a three run three-quarters inch inside diameter wrought-iron
pipe railing, all pipe railings to be continuous. The bottom rails
shall in no case be more than eight inches above the floor o f bal
cony, and shall be o f one one-half inch by three-eighths inch
wrought iron, or o f one one-half inch angle iron at least three-six
teenths o f an inch thick, all leaded or cemented into the w all;
the standard or filling-in bars shall not be less than five-eighths
inch round or square wrought iron well riveted to the top and
bottom rails, and shall be placed not more than six inches apart,
and tlie lower rail of the platform shall be riveted or bolted to
the frame of platform in such a manner as approved by the com
missioner o f labor. Where the three run pipe rail is adopted for
the balcony railing no additional filling-in bars will be required.
S ec . 9. The stairway shall be constructed and erected to fully
sustain all parts and carry a safe load of not less than one hun
dred pounds per square foot, utilizing a ratio of four to one
between the safe working load and the ultimate strength o f all
parts, with the exception o f the tread which must safely stand at
said ratio a concentrated load o f two hundred pounds. The
treads shall be not less than seven inches wide in the clear, and
the rising o f each step not more than nine inches; the treads shall
be constructed o f two pieces o f one one-quarter inch by one onequarter inch by three-sixteenths inch angles and one piece o f two
one-half inch by three-sixteenths inch flat riveted on each end
with five-sixteenths inch rivets to one one-quarter inch by threesixteenths inch angles. Each step will have one piece of one inch
by one inch by one-eighth inch angle riveted to each o f the side
angles forming the step and a two one-half inch by three-six
teenths inch slat between same with five-sixteenths inch counter
sunk rivets on top, such stiffener to be located in the center o f
steps. The stairs shall be not less than twenty-four inches wide
between inside o f strings, and there shall remain a clear passage
way between the stairway and wall. The strings shall be not
less than six inches by one-quarter inch flat wrought refined iron.
Stairways to be connected to platforms by two one three-quarter
inch by three-eighths inch flat wrought-iron hooks, one on each
side, both secured by two half-inch bolts. The stairs shall have
a handrail o f not less than three-quarters inch inside diameter
round wrought-iron pipe, to be o f double run pattern, railing to
connect at top and* bottom to platform ; posts to be not less than
thirty-six inches in a vertical line from top of step to top run
o f railing. All posts to be o f three-quarter inch inside diameter
wrought iron, pipe to be spaced at intervals not greater than six
feet and all fittings to be standard malleable iron ; said pipe posts
to be secured to the stairway runners by seven-sixteenths inch
U bolts. The pipe posts must not be flattened where connection
is made to stair runners, but must extend to bottom o f said run
ners in its full and original shape.
S ec . 10. Brackets shall be placed not more than four feet apart,
and shall extend across full width o f balcony and on new build
ings shall be set as walls are being built.
S ec . 11. Proper balanced stairways of a cantilever type or such
other style as may be approved by the commissioner o f labor
reaching to a safe landing place below on the ground, shall be
provided from the lower balcony of any fire escape over a public
highway or private driveway in place of a stairway and when the
floor o f such balcony is more than sixteen feet above the side
walk or ground, a suitable landing platform shall be provided;
such platform shall be located not more than ten feet above the
ground and shall be connected with the balcony above by means
o f a stairway constructed as this act requires for stairways be
tween balconies; such platform shall not be less than three feet
LABOR LAWS----NEW JERSEY----ACTS OF 1911.
1413
in width and four feet long and provided with railings as before
specified for balconies, and the ground shall be reached in the
manner specified for lower balconies not more than sixteen feet
in height or by such other method as may be approved by the
commissioner o f labor; the gooseneck ladder shall be securely
bolted through the wall o f the building and the strings shall ex
tend at least thirty inches above the roof and return down and
be secured to same; there shall be a space o f not less than four
teen inches between such ladder and the outer rail o f balconies.
Sec. 12. All the parts of such fire escapes shall receive not less Fainting,
than two coats o f paint, one in the shop and one after erection,
and shall be painted thereafter at least once in each year.
Sec. 13. The commissioner shall have power to enforce the pro- Enforcement,
visions of this act by order in writing served upon the owner or
owners of any building coming within the operation o f this act,
specifying the directions to be executed and the time limited for
the completion thereof. Any person, firm or corporation failing
or neglecting to comply with the terms of such order within the
time therein limited, or any extension thereof granted by the
said commissioner, shall be liable to a penalty o f one hundred
dollars for such failure and to a further penalty o f ten dollars
for each day that shall elapse after the expiration o f the time
limit until compliance is made with the terms’ o f such order. I f
the order is not complied with within the time limited, in addi
tion to the foregoing penalty, the commissioner shall forthwith
cause the said building to be closed for manufacturing purposes
until such order is complied with. The commissioner shall give
the owner o f such building twenty-four hours’ notice, in writing,
of a closing order, and then shall post on the doors o f such build
ing a notice that such building has been closed for manufacturing
purposes pending compliance with an order o f the department of
labor. I f the said building shall be used for any manufacturing
purpose until such order shall have been revoked by the said com
missioner upon compliance with said order, the owner o f such
building shall be liable to a penalty of one thousand dollars.
For violation o f any mandatory portion o f this act, if an order
of the commissioner with reference thereto have not been issued,
the owner o f such building shall be liable to a penalty o f one
hundred dollars.
Sec. 14. The provisions o f this act shall be construed as furnish- Minimum reing minimum requirements for the guidance o f said commissioner q em s*
of labor ; he may multiply or add such requirements as in his
judgment are necessary and proper in each particular instance,
and the orders o f the said commissioner shall be construed as
the minimum requirements in each particular case. No munici
pality shall issue orders or permits in derogation thereof, but any
municipality may require, in addition thereto, such precautions
or devices as are not inconsistent with the provisions o f this act,
but the municipality shall be responsible for the enforcement of
the orders issued under its authority.
Sec. 15. All installation o f fire escapes or stairways shall be Number o f
made with reference to the maximum number of persons to be embe
ployed upon each story o f any building or separated subdivision 0
eic ’
thereof, a statement o f which number, shall be posted by the
owner upon the wall o f each story or separated subdivision there
of, so as to be visible at all times. Under no circumstances shall
this number, when once ascertained and installation o f fire escapes
and stairways be made with reference thereto, be exceeded, ex
cept by permission of the commissioner.
S ec. 16. In all buildings not detached, a stairway running from
Stairway to
the top floor to the roof by means o f a bulkhead may be ordered roof*
by the commissioner.
No partitions which interfere with established means of egress Partitions,
shall be erected unless by approval o f tjie commissioner.
Pails of water and sand shall be provided and located as or- Water, etc.
dered by the commissioner.
1414
BULLETIN OP THE BUBEAU OP LABOR STATISTICS.
Waste.
A suitable disposition sliall he made of all inflammable articles
and suitable waste cans or barrels sliall be provided for the
proper handling o f sweepings, oily waste or other combustible
material, as directed by the commissioner.
D o o r s and
Such doors and handrails may be required on stairways as
handrails.
may be approved by the commissioner.
Approval.
No fire escapes shall be constructed without the approval of the
commissioner of labor, unless specifically required by municipal
authorities.
Signs.
Doors leading to fire escapes shall be clearly indicated by signs
posted or painted on the walls above or at the side of such doors.
The approaches to such doors shall be kept free and unobstructed
at all times.
Tower.
A fire tower approved by the commissioner may be substituted
for an inside stairway or outside fire escape.
Doors to open All exit doors throughout the building shall open outward, or
outward.
be sliding doors, and if kept closed during working hours, shall
be fastened only in such manner as to be capable of ready and
immediate opening from the inside.
Fire alarm.
Fire drill.
S ec. 17. Factory buildings more than two stories in height sliall
be equipped with a system of fire alarm, with sufficiently large
gongs, located on each floor of the factory building, or within each
separate room where more than one factory is located on a single
floor.
The system shall be so installed as to permit the sounding of
all the alarm gongs within a single building whenever the alarm
is sounded in any one portion thereof. The means o f sounding
these alarms shall be placed within easy access of all the opera
tives within the specified factory or room, and shall be plainly
labeled. This system of fire alarms is not to be used for any
purpose other than in case of a fire or fire drill, and it shall be the
duty o f the person in charge of any factory or section of a factory
wherein a fire originates immediately to cause an alarm to be
sounded.
Sec. 18. A fire drill sufficient to enable the operatives of a fac
tory immediately and rapidly to leave a building shall be main
tained in every factory building more than two stories in height,
and shall be practiced at least once in every calendar month. A
demonstration o f this fire drill shall be given upon the request o f
a representative either of the department o f labor, or o f the fire
department of the municipality in which the factory is located.
The chief of each fire department shall advise the commissioner
of labor of any violation of the requirements of this law coming
to his knowledge.
C hapter 241.— Employers' liability commission .
Commission
Section 1 (as amended by chapter 177, Acts o f 1913). The
eraUoner^ eiaw ^overnor is beret)y authorized to appoint six citizens o f this
* State, at least two o f whom shall be representatives of organized
labor, as an employers’ liability commission, who shall hold
their offices for the term o f two years and until their successors
are appointed and qualified. They shall receive no compensa
tion for their services, but their actual traveling expenses in
curred upon the business o f the commission shall be paid by the
State treasurer, upon warrants approved by the president o f
the said commission. The commission shall have power to
choose one o f their number as president and to call upon the
department o f labor for such clerical assistance as it may re
quire in the performance o f its duties, which department shall
perform all clerical and statistical work heretofore performed
by the commission. The expenses o f the commission shall be
paid from appropriations made for that purpose in any annual
or supplemental appropriation bill. It shall be the duty of the
commission to observe in detail, so far as possible, the opera
tions throughout the State of the recent act o f the legislature
commonly known as the “ Employers’ Liability Act.” * * *
[chapter 95, Acts o f 1911].
LABOR LAWS----NEW JERSEY----ACTS OF 1911.
1415
Sec. 2. * * * every employer o f labor within the State of
Accidents to
New Jersey shall report to said commission, upon the occurrence ”e reported'
o f any injury to any o f his employees the name and nationality
of the employee so iujured, the nature and extent o f such injury,
whether said injured employee and the employer at the time o f
said injury were subject to the provisions o f section one or sec
tion two o f said act, and the amount of compensation when de
termined, together with such other facts relating to such injury
as the commission may request The information thus received
shall be tabulated, from time to time, and the records thereof shall
be the private records o f the commission; they shall not be
made public or open to inspection unless in the opinion o f the
commission the public interests shall require it, and they shall
not be used as evidence against any employer in any suit or ac
tion at law brought by any employee for the recovery o f dam
ages. The commission shall hold meetings, from time to time,
as they may deem necessary, and shall present to each session
o f the legislature a report showing the operations under the Reports,
said act during the preceding year, together with any sugges
tions or recommendations which they may deem necessary or
proper for the improvement of the said act, in order to accom
plish with the greatest efficiency the purposes o f the said act.
[See chapter 156, Acts o f 1912.]
C hapter 243.—Hours o f labor on public works—Eight-hour day.
Section 1. The service and employment o f all mechanics, workEight - h o u r
men and laborers, who are now or who may hereafter be employed day pres
by or on behalf o f this State, or by or on behalf o f any county,
city, township or other municipality therein, or by or on behalf of
any contractor or subcontractor in the construction or repair o f
any of the public works o f this State, or o f any county, city,
township or other municipality therein, is hereby limited and re
stricted to eight hours in any one calendar day, and it shall be
unlawful for any officer or agent o f this State, or o f any county,
city, township or other municipality therein, or o f any contractor
or subcontractor, whose duty it shall be to employ, direct or con
trol the services o f any mechanic, workman or laborer employed
or engaged upon such public works, to require or permit any such
mechanic, workman, or laborer to work more than eight hours in
any calendar d ay: Provided, That in case o f accident or un
expected contingency extra labor may be permitted for extra
compensation.
Sec. 2. Any officer or agent o f this State, or o f any county, city,
Violations,
township or other municipality therein, is o f any contractor or
subcontractor, [sic] whose duty it shall be to employ, direct or
control any mechanic, workman or laborer employed in the con
struction or repair o f any o f the public works o f this State, or in
the construction or repair of any o f the public works o f any
county, city, township or other municipality therein, who shall
violate the provisions o f this act, shall be guilty o f a misde
meanor and for each and every offense shall, upon conviction, be
punished by a fine not to exceed one hundred dollars, or by im
prisonment in the county jail for not more than ninety days, or by
both such fine and imprisonment, in the discretion o f the court
having jurisdiction thereof.
C hapter 273.— Time for meals to be allowed employees in fac
tories.
S ection 1. Every corporation, firm or person owning or operat- One-half hour
ing any place coming under the provisions of the act to w h ich to be allowedthis act is a supplement, [secs. 16-60, pp. 1386 et seq.], shall give all
operatives and employees at least one-half hour for their midday
meal, after being continuously employed for a period o f not more
than six* hours, on any workday except Saturday.
1416
B U L L E T IN OF T H E BU REA U OF LABOR STATISTICS.
Fixing time.
Sec. 2. The period for such meal shall be fixed by every such
employer, having in view the health and physical welfare of such
operatives and employees in all such factories, workshops, mills
and places where the manufacture of goods of any kind is carried
o n ; if any such place is operated at night, or in eight-hour shifts,
such meal period shall be fixed as aforesaid for such operatives
and employees at such time as may be consistent with the mutual
interests of such employer and operatives and employees.
Notice to be sec. 3 . Notice o f the hours within which such operatives m ay
posted.
obtain such meals shall be plainly printed and kept posted in a
conspicuous place in all workrooms where any such employees or
operatives are engaged.
Violations.
Sec. 4. Any such owner or employer, violating any o f the pro
visions of this act shall be liable to a penalty of one hundred
dollars for the first offense and of two hundred dollars for each
subsequent offense.
C hapter 363.—Employment of children— Messenger service.
N ig h twork Section 1. No person under the age o f twenty-one years in
prohibited.
cities of the first class, and no person under the age o f eighteen
years in other municipalities, shall be employed or permitted to
work as a messenger for or by any telegraph, telephone or mes
senger corporation, firm or person owning, engaged in or operating
the business of distributing, transmitting or delivering goods or
messages or in the performance of other service, before five
o’clock in the morning or after ten o’clock in the evening o f any
day: Provided, That the commissioner of labor shall have the
power to grant permits under extraordinary circumstances for
the delivery of telegrams or telephone messages between the hours
of ten p. m. and five a. m.
Violations.
Sec. 2. Any such corporation firm or person engaged in or oper
ating the business o f distributing, transmitting or delivering goods
or messages as aforesaid, who shall violate any of the provisions
of this act, shall be liable to a penalty of one hundred dollars for
each offense, to be sued for in an action o f debt, for the use of the
State as hereinafter provided.
Any repetition or repetitions
thereof shall each constitute a separate offense.
Enforcement.
Sec. 3. It shall be the duty o f the commissioner o f labor and his
authorized deputies to enforce the provisions o f this act, and to
examine and inspect, at reasonable intervals, the business and
practice of all telegraph, telephone or messenger corporations,
firms and persons owning, engaged in or operating the business
of distributing, transmitting or delivering goods or messages or
in the performance o f other service, for the purpose o f enforcing
the provisions of this act.
Proceedings.
S ec. 4. All proceedings brought under the provisions o f this act
shall be by action of debt, in the name of the commissioner of
labor, but for the use of the State, to be instituted in any dis
trict court of a city, recorders’ courts o f cities, or before any
justice of the peace having due jurisdiction, * * * the finding
o f the court shall be that the defendant has or has not, as the
case may be, incurred the penalty claimed in the demand o f the
plaintiff, and judgment shall be given accordingly; in case an
execution shall issue and be returned unsatisfied, the court, on
application, after notice to the defendant, may award an execu
tion to take the body o f the defendant, if an individual, and in
case such defendant is committed under such an execution, he
shall not be discharged under the insolvent laws o f the State, but
shall only be discharged by the court making the order for the
body execution or one o f the justices o f the supreme court, when
such court or justice shall be satisfied that further confinement
will not result in the payment of the judgment and costs; all
moneys collected under the provisions of this act shall be paid into
the treasury o f the State o f New Jersey.
LABOR LAWS----NEW JERSEY---- ACTS OF 1911.
Cxi ap t er
1417
371.— Payment of wages — Semimonthly pay day— Rail
roads.
S ection 1. Every railroad company authorized to do business
T i m e s of
by the laws o f the State of New Jersey shall, on or before the payment prelirst day of each month, pay the employees thereof the wages scrit)ed.
earned by them during the first half of the preceding month end
ing with the fifteenth day thereof, and on or before the fifteenth
day of each month pay the employees thereof the wages earned
by them during the last half of the preceding calendar month:
Provided, however, That if at any time o f payment any employee
shall be absent from his or her regular place o f labor, and shall
not receive his or her wages through a duly authorized represen
tative, he or she shall be entitled to said payment at any time
thereafter upon demand upon the proper paymaster at the place
where such wages are usually paid and at the place when the
next pay is due; any such railroad company which shall violate violations,
any of the provisions of this act shall forfeit and pay the sum
of twenty-five dollars for each violation o f this act which shall
be proved, to be recovered in any court o f competent jurisdiction
by any person who shall sue for the same, one-half o f said pen
alty to go to said person so suing therefor, and the other half
to go to the State: Provided, further, Complaint o f such violation
be made within sixty days from the date such wages become pay
able, according to the tenor o f this act.
Sec. 2. It shall not be lawful for any railroad company to enter
Co n t r a c t s
into or make any agreement with any employee for the payment waivmg nghts*
of wages of any such employee otherwise than as provided in sec
tion one of this act, except it be to pay such wages at shorter in
tervals than herein provided. Every agreement made in viola
tion o f this act shall be deemed to be null and void, and it shall
not be a defense to the suit for the penalty provided for in section
one of this act; and each and every employee with whom any
agreement in violation o f this act shall be made by such railroad
company shall have his or her action and right of action against
such railroad company for the full amount o f his or her wages in
any court of competent jurisdiction o f this State.
ACTS OF 1912.
C hapter 67.—Factory inspectors.
Section 1. In addition to the inspectors provided by the act to Additional inwhich this [act is] a supplement, [secs. 16-60, pp. 1386 et seq.], and sPectors.
the amendments and supplements thereto, the commissioner o f
labor shall, immediately after the passage o f this act, appoint Qu a l i f i c a two suitable persons as inspectors, one of whom shall have practi- ons*
cal knowledge and skill as a baker, and the other practical knowl
edge and skill as a metal polisher and buffer, whose salary,
powers, duties and term o f office shall be the same as the inspec
tors already provided for.
C hapter 83.—Department of labor— Civil service.
Section 1. The assistant commissioner o f the department of A s s i s t ant
labor and all inspectors of the department o f labor shall here- andminspectors
after be included in the competitive class in the classified service in c l a s sified
and not in the unclassified service, and shall be subject to th e service*
laws, rules and regulations governing such competitive class in
the classified service, in accordance with the provisions o f the act
to which this act is a supplement and the acts amendatory
thereof and supplemental thereto; and the assistant commis
sioner of the department o f labor and all inspectors o f the depart
ment of labor now in the employ o f the State shall continue to
hold their offices or employments and shall not be removed there
from except in accordance with the provisions of section twentyfour of the act to which this act is a supplement, it being the
1418
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
intention hereby to include such assistant commissioner and all
such inspectors within the classified service of the State and to
subject them in all respects to the provisions of the act to which
this act is a supplement and the acts amendatory thereof and
supplemental thereto.
C hapter 127.—Inspection and regulation o f bakeries, etc.
S ection 1. All buildings or rooms where biscuits, pies, bread,
crackers, cakes, macaroni and other food stuffs, confectionery,
candy, ice cream or frozen sweets are manufactured or made for
Sanitation, the purpose o f sale, shall be drained and plumbed in a manner
that will conduce to the proper and healthful sanitary condition
thereof and shall have air shafts, windows or ventilating pipes
sufficient to insure ventilation and sufficient light to prevent any
place being operated entirely by artificial light, and all doors,
windows and other openings shall be thoroughly screened so as to
prevent the entrance o f flies or other insects, between the first
day of April and the thirty-first day o f October. Expectorating is
prohibited within any building or room used for the aforesaid
purposes, except into a proper receptacle provided for that pur
pose. The smoking, snuffing or chewing o f tobacco in any building
or room used for aforesaid purposes is prohibited. Plain notices
shall be posted in every such place forbidding any person to use
Use of cel- tobacco or spit on the floor o f such place. No cellar, basement or
lars, etc.
place which is below the street level shall hereafter be used or
occupied as a place in which to manufacture or make for the
purpose o f sale any o f the above-mentioned articles, except where
the same was used for such purposes on the fourth day o f July,
nineteen hundred and five: Provided, however, That this act shall
not prevent the use, for the manufacture of candy, ice cream or
frozen sweets only, o f any cellar or basement which shall, after
due inspection and examination by representatives o f the depart
ment o f labor, be certified to by the commissioner o f labor as
sanitary in all respects and proper to be used for such purposes,
which certificate may be revoked at any time.
H e i g h t of Sec. 2. Every room used for the purpose o f making or manufacrooms.
turing, for the purpose of sale, any of the articles mentioned in
section one of this act shall be at least eight feet in height:
Provided, however, That this requirement shall not apply to rooms
used for the making or manufacturing, for the purpose o f sale,
o f nothing but candy, ice cream, or frozen sweets, but such rooms
used for the making or manufacturing for the purpose of sale,
o f candy, ice cream or frozen fruits, shall in all cases be at least
seven feet in height, except that any room now used for the
making, for the purpose o f sale, o f nothing but candy, ice cream
or frozen sweets need not be altered to conform with this pro
vision unless so ordered by the commissioner o f labor to improve
lighting, ventilation or drainage facilities. Every room for the
purpose o f making or manufacturing for the purpose o f sale any
o f the articles mentioned in section one shall have, if required by
Floors, walls, the commissioner of labor, an impermeable floor constructed o f
etc*
wood properly saturated with linseed oil, or of cement or other
suitable material; the side walls of every such room shall be
well plastered, wainscoted or ceiled with metal or lumber and all
interior woodwork in such room shall be kept well oiled or painted
with oil paint and shall be kept in a clean and sanitary condition
at all times. The furniture and utensils in all such rooms shall
be so arranged that such furniture, utensils and floor may at all
times be kept in a proper and healthful, sanitary and clean con
dition. The commissioner o f labor shall have the power to order
that any such room or rooms shall be cleaned in such manner
as he shall direct; no domestic animal except cats shall be allowed
to remain in any such room. Every such room or rooms shall be
kept clean at all times and free from rats, mice or vermin and
contfe?ti0Ud ff from a11 matter of an infectious and contagious disease. No pereasesf °U
S
son who ^as consumption, scrofula or any venereal disease or any
contagious or infectious disease or any communicable or loath
Scope of law.
LABOR LAWS----NEW JERSEY— ACTS OF 1912.
1419
some skin disease shall work in any such room or rooms, and no
owner, manager or person in charge of any such room or rooms
shall knowingly require or suffer such a person to be employed
in such room or rooms, nor shall any such room or rooms com
municate with or have doors communicating directly with a stable
or stable yard.
Sec. 4. Whoever shall conduct a place where any of the articles Toilet facilispecified in section one are made or manufactured for the pu r-tiespose of sale shall provide proper washing facilities which shall
include a sufficient supply of hot water, clean towels, soap and
nail brushes, and shall also provide water-closets separate and
apart from the room or rooms in which the manufacture for the
purpose of sale o f any o f the articles specified in section one is
carried on; no water-closet, earth closet or privy shall be within
or communicate directly with the room in which said articles
are made or manufactured. Operatives, employees, clerks and
all persons who handle any o f the material from which any o f
the articles specified in section one are made or manufactured
for purpose of sale or who handle the finished product, before
beginning work and immediately after visiting the toilet or
lavatory shall wash their hands and arms thoroughly in clean
water. The outer clothing of all operatives while employed in
any such room or place shall be made o f washable material,
shall be kept clean at all times and shall be worn by such opera
tives only when at work in any such room or place. The street
clothing o f any such operatives shall not be kept in any room
used for the manufacture o f the articles mentioned in section one
of this a ct; the commissioner of labor may, in his discretion,
order the installation of metal lockers in any such place to be
used for the clothing o f operators.
Sec. 5. Sleeping places for persons employed in any room or
sleeping
place used for the making or manufacturing for the purpose of places,
sale of any of the articles specified in section one, shall be kept
separate from the room or rooms used for the making or manu
facturing of any such article, and the commissioner or assistant
commissioner or any inspector may inspect such sleeping places,
i f they are on the same premises as the room used for making or
manufacturing for the purpose of sale o f any such article, and
order them cleaned or changed, in compliance with sanitary
principles.
Sec. 6. The commissioner of labor shall be required to enforce Enforcement,
compliance with all the provisions o f this act, and for that pur
pose it shall be his duty to have all places used for the purposes
specified in section one visited and inspected at least once in
three months; and whenever a complaint in writing, signed by
an employee in any such place or by any officer or representative
of any labor union in the county wherein the same is located,
shall be received by the said commissioner, stating that any pro
vision o f this act is being violated in any such place, it shall be
the duty o f the said commissioner forthwith to have the said
place, concerning which the complaint is made, visited and in
spected. The visits of inspection shall be made in the presence
of those then working or employed in said place, and during the
usual hours of employment therein. All such places shall be
kept at all times in a clean and sanitary condition.
Sec. 7. No person under the age o f sixteen years shall be emNightwork.
ployed or allowed or permitted or required to work in any place
where any of the articles mentioned in section one are manu
factured or made for the purpose o f sale, between the hours o f
seven o’clock in the afternoon and seven o’clock o f the forenoon
follow ing; no employee in any such place shall be required, per
mitted or suffered to work in any such place more than sixty
hours in any one week or more than ten hours in any one day, T e n - h o u r
unless for the purpose o f making a shorter workday on the last day.
day of the week, nor more hours in any one week than will make
an average of ten hours per day for the whole number of days
in which such employees shall so work during such week, but it
1420
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
shall be lawful, in cases of emergency, for an employer to permit
any employee to work an additional time, not exceeding two hours
per day, such extra work to be remunerated at the rate o f weekly
wages paid to such employee for his week o f sixty hours; no em
ployee in any such place shall be discharged by his employer for
having made any truthful statement as a witness in a court, or
to the commissioner of labor, assistant commissioner o f labor, or
iiny inspector in pursuance o f this act, or any act amendatory
hereof or supplementary hereto.
Notices.
L icen se
quired.
Sec. 8. A ll notices given under or pursuant to this act, or any
act supplementary thereof or amendatory thereto, shall be in writ
ing, signed by the commissioner of labor, and may be served upon
the owner or proprietor of the place wherein such violation oc
curred either by delivering the same to him in person or by send
ing it to him by mail at his last known post-office address, with
postage prepaid; i f his post-office address is not known, then the
said notice may be mailed to the address o f the place wherein
such violation shall have been committed; the notice providing
for the doing o f any act or the abating o f anything forbidden by
this act shall fix the time within which such act shall be done or
such thing abated, and i f the order shall not be obeyed within the
time therein fixed the person so failing to obey shall be liable to
the penalty herein fixed for the violation hereof.
reSec. 9. No person or corporation shall hereafter engage or con-
t i n u e in the business o f making or manufacturing biscuits, pies,
bread, crackers, cakes, macaroni and other foodstuffs, candy, ice
cream, confectionery or frozen sweets for the purpose o f sale,
unless he shall first obtain from the commissioner o f labor o f this
State a license so to do. The applicant for any such license shall
state in his application the location o f the place at which he in
tends to engage in such business and such license shall not be
issued unless the said commissioner is satisfied that such place
conforms to all the requirements o f this act. Such license shall
specify the place at which such business is authorized to be car
ried on, and shall not authorize the engaging in such business at
any ether place. When it shall be made to appear to the said
commissioner that any place at which such business is carried on
under a license as aforesaid is not kept in accordance with or
does not conform to the requirements o f this act, or that any pro
vision of this act is being violated therein, said commissioner may,
after giving not less than forty-eight hours’ notice in writing,
which notice may be served by any representative o f the depart
ment of labor, either personally on the proprietor o f such place
or by affixing the same on the inside o f said place, revoke the
license of the person engaging in such business at such place. No
person, whose license to engage in such business has been revoked,
shall engage or continue in such business in this State until he
has procured a new license in accordance with the terms o f this
act. Any applicant for any such license shall pay to the com
missioner o f labor a license fee o f one dollar, which fee shall be
returned to such applicant, in case the license is not granted.
Violations.
Sec. 10. Any person violating any of the provisions o f this act,
or any owner or proprietor of any place coming within the pro
visions of this act who fails to obey any order o f this act, shall
be liable to a penalty of fifty dollars for the first offense and one
hundred dollars for each subsequent offense. Any person who
shall, after conviction for violation of any provision of this act,
continue such violation shall be liable to a penalty o f one hundred
dollars.
Bill for inSec. 14. Whenever any person shall violate any o f the provisions
junction.
0f
ac^ it shall be lawful for the commissioner o f labor, either
before or after the institution o f proceedings for the collection o f
the penalty imposed by this act for such violation, to file a bill
in the court of chancery in the name o f the State, at the relation
o f such commissioner, for an injunction to restrain, such viola
tion and for such other or further relief in the premises as the
court o f chancery shall deem proper, but the filing o f such bill,
LABOR LAWS----NEW JERSEY----ACTS OF 191,?,
142 1
nor any o f the proceedings thereon, shall not relieve any party
to such proceedings from the penalty or penalties prescribed by
this act for such violation.
Sec. 15. * * * Nothing in this act shall be construed to rePrevious act
peal, affect or in anywise impair the provisions affecting placesnot affectedwhere biscuits, pies, bread, crackers, cakes, macaroni and other
foodstuffs, confectionery, candy, ice cream or frozen sweets are
manufactured, or any other provisions o f * * * [secs. 16-60,
pp. 1386 et seq.]
Sec. 16. In case for any reason any section or any provision o f p r ° ,v i sions
this act shall be questioned in any particular and shall be held seParateto be unconstitutional or invalid, the same shall be held to be
severable from the other portions o f this act and shall not be held
to affect any other section or provisions o f this act.
C hapter 156.— Accidents to be reported.
Section 1. Upon the happening o f any accident in any employ- Employers to
ment of labor in this State, the result of which shall be to pre- Jents?
a c'
vent the injured person or persons from resuming work within
two weeks after the happening thereof, the employer o f such in
jured person or persons shall report, in writing, to the commis
sioner o f labor the time, place and cause of the said accident, as
nearly as the same may be fairly ascertained, the extent o f in
juries received, and such other facts as the commissioner o f labor
may, by rule or regulation, require. In case of injury not pro
ducing death, such report shall be filed within four weeks after
the happening o f such injury. In case o f injury producing death,
report shall be filed within two weeks thereafter. Such reports
may be forwarded by mail, postage prepaid.
Sec. 2. All companies engaged in casualty insurance b u s i n e s s
Casualty in‘
within the State o f New* Jersey shall furnish to the commissioner panies toC
°reof labor a full and complete report o f all accidents to the em- port,
ployees of any person, firm, or corporation injured by them, which
prevents such injured person or persons from resuming work
within two weeks after the happening o f such injury, or which
result in death. In case o f injury not producing death, such re
port shall be filed within four weeks after such injuries have been
reported to such insurance company, or such insurance company
has otherwise gained knowledge thereof: In case o f injury pro
ducing death, such report shall be filed within two weeks after
such death has been reported to such insurance company, or such
insurance company has otherwise gained knowledge thereof. Such
reports shall state the time, place and cause o f injury, as nearly
as the same may be ascertained, and the extent thereof, and such
other and further information as the commissioner o f labor may,
by rule or regulation, require. Such notice may be sent by mail,
postage prepaid.
S ec. 3. The reports filed with the commissioner o f labor, in fidReP its con’
i°
accordance with the provisions o f this act, shall not be made en a *
public, and shall not *be opened to inspection unless, in the opinion
of the commissioner o f labor, some public interest shall so require,
and such reports shall not be used as evidence against any em
ployer in any suit or action at law brought by any employee for
the recovery of damages, but such reports sliall always be at the
service and use of the employers’ liability commission. Reports Employers’ lifiled in accordance with this act shall be in lieu o f all othersi^n mTy^use
reports required to be filed pursuant to the provisions o f an act reports,
entitled “An act creating the employers’ liability commission and
prescribing its powers and duties, and requiring reports to. be
made by the employers o f labor upon the operations o f the em
ployers’ liability law for the information of said commission,”
approved April twenty-seventh, one thousand nine hundred and
eleven, and shall be considered to be compliance with the terms
of the last mentioned act.
Sec. 4. Any corporation, firm or person violating any o f tlie Violations,
provisions o f this act sliall for each offense be liable to a penalty
1422
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
of fifty dollars, to be recovered in an action of debt, brought by
the commissioner of labor, in the name of the State of New
Jersey. Each failure to report shall be regarded as a separate
offense.
C hapter 202.— Suits for wages.
< 0 1iien
Pw
remit
Section 1. In any suit based upon a claim for money due for
wages or by reason of a claim for personal services rendered, the
party bringing said suit, where the amount claimed shall not
exceed the sum of twenty ($ 20 ) dollars, it shall be the duty o f
the clerk o f any district court o f this State, to issue the summons,
prepare and file the state of demand and o f the sergeant at arms
of said court to serve the said summons without payment by the
party bringing said action o f any costs therefor, provided that
said party shall make affidavit o f the truth o f his said claim and
o f his inability to pay the cost ordinarily taxed thereon.
Sec. 2. The judge o f the said district court may in his discre
tion upon the entering o f judgment in such cases, order that the
costs shall not be taxed thereon * * *
C hapter 210.—Employment of women— Hours of labor.
Ten-hour
S ection 1. No female shall be employed, allowed or permitted
day.
to work in any manufacturing or mercantile establishment, in
any bakery, laundry or restaurant more than ten hours in any one
day, or more than six days, or sixty hours in any one week:
Provided , That nothing herein contained shall be held to apply to
any mercantile establishment for the six working-days next pre
Canneries.
ceding the twenty-fifth day of December in each year: And pro
vided further , That nothing herein contained shall apply to can
neries engaged in packing a perishable product such as fruits or
vegetables.
Enforcement.
Sec. 2. It shall be the duty of the commissioner of labor, the
assistant commissioner or the inspectors and they shall have
power to investigate and inspect, all establishments coming under
the intent and provisions of this act.
Law to he
S ec. 3. An abstract of this law shall be prepared and furnished
posted.
by the commissioner of labor to every corporation, firm or person
in this State who is affected thereby, and every such corporation,
firm or person shall post such abstract of this law and keep it
posted, in plain view, in such place that it can be easily read by
the employees or operatives in going in or coming out from said
manufacturing or mercantile establishment, bakery, laundry or
restaurant, and shall also keep a record o f the hours of work of
each employee in a proper book prepared for that purpose which
book shall be open to the inspection of the department of labor
as required.
Violations.
S ec. 4. Whoever employs any female or permits any female to
be employed in violation o f any of the provisions o f this act shall
be punished for a first offense by a fine of not less than twenty-five
nor more than fifty dollars, and for a second offense by a fine of
not less than fifty nor more than two hundred dollars.
Manufactur
Sec. 6. “ Manufacturing establishments” as used in this act
ing establish means any place where articles for use or consumption are regu
ment.
larly made.
Mercantile es
Sec. 7. “ Mercantile establishment ” as used in this act means
tablishment.
any place where goods, wares or merchandise are offered for sale.
Sec. 8. “ Bakery ” a s used in this act shall include all buildings,
Bakery.
rooms or places where biscuits, pies, bread, crackers, cakes and
confectionery are made or manufactured for sale.
Restaurant.
Sec. 9. “ Restaurant ” as used in this act means any place where
refreshments, both food and drink, and where meals are served
to the public.
Laundry.
Sec. 10. “ Laundry ” as used in this act means any place where
laundry work is regularly carried on.
Sections sep
Sec. 11. In case for any reason any section or provision of this
arate.
act shall be questioned in any court and shall be held to be un-
LABOR LAWS----NEW JERSEY----ACTS OF 1912.
1423
constitutional or invalid, the same shall not be held to affect any
other section or provision of this act.
C hapter 351.— Occupational diseases—Reports.
S e c t i o n 1. Every physician attending upon or called in to visit
P h y sicia n s to
a person whom he believes to be suffering from poisoning from m ake rep orts,
lead, phosphorus, arsenic or mercury, or their compounds, or from
anthrax, or from compressed-air illness, contracted as a result o f
such person’s occupation or employment, shall within thirty days
after his first professional attendance upon such person, send to
the State board of health a written notice, stating the name and
full post-office address, and place o f employment o f such person,
and the nature o f the occupation, and the disease or ailment from
which, in the opinion o f such physician, the person is suffering,
with such other specific information as may be required by the
State board o f health.
Sec. 2. Any physician who shall fail to perform the duty im- violations,
posed by section one o f this act, within the time therein limited,
shall be liable to a penalty o f twenty-five dollars for each offense.
Any penalty incurred under the provisions of this act shall be
sued for and recovered in an action o f debt by and in the name of
the board o f health of the State o f New Jersey. All penalties
collected under this act shall be paid by said board into the treas
ury of the State o f New Jersey.
Sec. 3. It shall be the duty o f the board o f health o f this State Enforcement,
to enforce the provisions o f this act, and it may call upon the local
boards of health and health officers o f such local boards o f health
for assistance. It shall be the duty o f all local boards o f health
and all health officers, when so called upon for such assistance,
to render the same. It shall be the duty o f the said board of
health of this State to transmit any data received under the pro
visions of section one of this act to the commissioner of labor of
this State.
ACTS OF 1913.
C hapter 47.— Safety apjMances at docks, etc.
S ection 1. All persons, companies or corporations owning or Ladders to be
operating any dock or docks, or pier or piers in the State o f New provided.
Jersey shall provide at least one ladder manufactured from wood,
rope, iron, or cast steel, for the passage o f laborers or workmen
or employees, commonly termed “ longshoremen,” from the pier
or piers, or dock or docks owned or operated by said person, com
pany, companies, corporation or corporations to the deck o f each
vessel such as a barge, canal hoat, tug boat, or any similar water
craft moored or fastened to such dock or docks, pier or piers,
and that said ladders shall be so constructed or manufactured
that they shall have a carrying or bearing or resisting power or
strength sufficient to bear a weight of at least six hundred (600)
pounds. Failure to provide such ladder leading to the deck o f
each vessel as aforesaid shall be punishable by a fine of one
hundred dollars in each instance in which said person, persons,
company, companies, corporation or corporations shall be found
guilty o f violating the provisions o f this act.
C hapter 183.—Inspection
and regulation
Elevators.
of factories,
etc.—
Section 1. Every elevator located in any factory, workshop,
mill or place where the manufacture o f goods o f any kind is
carried on shall conform in every respect to the specifications and
requirements hereafter named.
Scope of law.
Sec. 2. Such elevator shall have fastened in a conspicuous place
sh.°wtherein a metal plate having suitable raised letters on same, which required weig
shall designate the number o f pounds weight said elevator is con-
1424
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
structed to safely carry. Such sign shall be of such character
and shall be so placed as to be easily read from any part of such
elevator.
Construction.
S e c . 3. All elevator cars except door openings shall be suitably
enclosed with substantial materials to a height o f at least six feet,
and the construction properly braced. I f enclosed with wood, the
same shall not be less than seven-eighths o f an inch in thickness,
and said enclosure shall be o f a solid construction to a height of
at least four feet from the floor o f the car. Construction extend
ing higher than the solid enclosure shall have material that will
not have more than one inch open space between members of same
and shall be protected at the top by an angle iron or bar iron
brace rail. Carriage elevators of the four-corner lift type shall be
limited to a one-story lift and- the counterweights in connection
with same must be enclosed on the shaft. No enclosure for car
platforms of the type of elevator last mentioned shall be required.
Floors.
S ec . 4. There shall be not more than one and one-quarter inches
space between the floor o f the car and the floor saddles and where
the saddles project in the shaft, the same shall be properly beveled
or protected on the under side. The under side o f the car must
be o f incombustible materials.
Cables
Sec. 5. Lifting and weight cables shall have at least one full
turn o f the cable on the drum when they have reached the limit
of travel. Where overhead machines are installed, the use of
equalizer arms and counterweights on the car will be permitted.
Every elevator shall have not less than two lifting cables inde
pendently connected with the car and to each set o f counter
weights: Provided, however, In case o f any elevator now in use
in any such building the commissioner o f labor may permit the
installation o f an effective safety device in lieu o f the two inde
pendent lifting cables when, in the judgment of said commissioner
it would be impossible to provide two independent lifting cables
for such elevator without unreasonable expense. This section
shall not apply to hand-power elevators.
Sec. 6. All counterweights shall have their sections strongly
bolted together and shall be so constructed that they can not fall
on any part o f the elevator or machinery.
CounterSec. 7. I f counterweights run in the same shaft as the car,
weights.
they shall be protected with a substantial screen o f iron which
shall extend from the top grating in the shaft to a point at least
five feet below such grating, and with a like screen which shall
extend from the bottom o f the shaft upward for at least ten feet.
Grating at
Sec. 8. Immediately under the sheaves at the top o f every eletop of shaft,
vator shaft there shall be provided and securely fastened to the
shaft a substantial grating o f iron or steel having not more than
one and one-half inches space between any two members, except
at the spaces necessary to be provided for cables to pass through.
Clearances.
Sec. 9. There shall be not less than three feet clearance be
tween the top o f each counterweight and the under side of over
head beams when the car is resting on the bumpers. A clear
space of not less than three feet must be provided between the
bottom o f the shaft and lowest point o f the under side o f the car
floor when the car is at its lowest landing and between the top o f
crosshead of the car and the under side of the overhead grating
when the car is at its top landing. In case in the opinion o f the
commissioner o f labor it shall be impossible, without unreason
able expenditure, to make any elevator now in use in such build
ings comply with any or all o f the requirements o f this section,
such requirements may be dispensed with by said commissioner.
Protection of
S ec. 10. All parts o f the elevator machinery shall be properly
iighting.ry
enclosed by suitable partitions of incombustible materials, and
such enclosures must be lighted, except in the case o f machines
suspended from ceiling, and in such case, machines so suspended
shall be protected by platforms under same composed o f incom
bustible material. Free and safe access must be provided to all
parts o f elevator machinery.
LABOR LAWS----NEW JERSEY---- ACTS OF 1913.
1425
Sec. 11. All elevators shall have a covering on the top o f the Top of car.
car of expanded metal or wire mesh o f sufficient thickness and
spaced not more than two-inch centers.
Beams.
Sec. 12. The carrying or sheave beams for all machinery shall
be of wrought iron or steel.
Sec. 13. All elevators operated by hand rope shall be equipped Cable loeks.
with safety cable locks on each floor.
Sec. 14. All elevators shall have a trapdoor in top of car of
Egress.
such size as to afford an easy egress for passengers, or where two
cars are in the same shaft such means of egress may be provided
in the side o f the car.
Gates.
Sec. 15. A ll gates at entrance to elevator shafts shall be semi
automatic or automatic in their action. Every such gate shall be not
less than five feet six inches in height unless such gate is placed
at a distance of at least twelve inches from the car running line,
in which case such gate shall be at least three feet six inches in
height. All gates must extend to a distance o f not more than ten
inches from the floor. All semiautomatic or automatic elevator
gates shall be constructed in a substantial manner, providing
either solid or open construction. I f open construction is adopted,
not more than two inches between any member shall be per
mitted. All gates shall run in grooves and shall have at least one
inch bearing in each groove and a clearance o f not less than onequarter o f an inch provided on both sides o f gate. All counter
weights for gates shall be enclosed by a pipe well or an enclosure
equally as good, which must be approved by the commissioner of
labor. Gates exceeding three feet six inches in width shall con
tain top and center reenforcement braces. All anchors, brackets,
and connections for grooves and gates shall be o f wrought or
malleable iron. Substantial chains or cables connecting gates
with counterweights must be provided and securely fastened to
same. Pulleys for chains or cables shall be recessed sufficiently to
allow said chain or cables used to set safely in same, and provided
with wrought iron, U-shape, or similar protections to prevent same
from slipping off the pulleys. Pulleys shall be securely bolted to
wall. Gates shall be constructed o f wood or o f any other material
approved by the commissioner o f labor.
Telltales.
Sec. 16. All elevators having shaft gates less than five feet six
inches in height shall be equipped with telltale chains fastened
to the bottom o f the car not less than four feet in length and
spaced not more than six-inch centers.
Sec. IT. All doors or gates leading to any passenger elevator
Doors.
shaft shall be opened only from the shaft side so as to be con
trolled only by the operator o f the car, and said shaft doors or
gates shall be closed immediately the car is put in motion.
Sec. 18. All cars not operated by a permanent attendant shall Locking de
vice.
be equipped with an approved locking device.
Plans.
Sec. 19. Before any elevator shall be hereafter installed in any
such building, or before any elevator now in use in any such
building shall be altered, the owner o f such building shall, either
by himself or his agent or architect, submit to the commissiQner
of labor, for his approval, plans and specifications in duplicate,
which plans shall show the type o f construction o f car enclosures
and gates to be used for such elevator, together with the location
of gates in connection with the elevator shaft.
Sec. 20. No elevator hereafter installed in any such building Certificates.
or no elevator now in use in any such building, which shall be
hereafter altered in any particular covered by the provisions of
this act shall be put into service until a certificate has been ob
tained therefor, which certificate shall be signed by the com
missioner o f labor and shall recite the fact that such elevator
complies in all respects with the requirements o f this act.
Sec. 21. The owner of any building mentioned in the first sec Violation.
tion o f this act in which building is located an elevator which does
not comply in all respects with the provisions of this act shall be
guilty of a violation o f this act and shall be liable to a penalty
39387°—Bull. 148, pt 2—14------ 14
1426
BULLETIN OF THE BUBEAU OP LABOB STATISTICS.
of fifty dollars, and every person who shall violate the provision
o f section
[sic] o f this act shall be liable to a penalty of
fifty dollars. If, after conviction of any violation of this act,
said violation shall continue for a period of three months, such
person so convicted shall be liable to a penalty of two hundred
dollars for such continuance. Every continuance o f such offense
for a period of three months after the entry o f judgment for two
hundred dollars shall be considered a separate offense, for each
o f which separate offenses the person so violating this act shall
become liable to a penalty o f two hundred dollars.
Order forbidS ec. 22. In case any elevator located in any building mentioned
ding use.
in section one o f this act shall not comply with the provisions
o f this act and shall be in such a condition that its operation, in
the judgment o f the commissioner o f labor, is hazardous to the
persons using the same or to the persons employed in such build
ing, the said commissioner of labor shall forthwith prevent the
further use o f such elevator until the same is made to comply
with the provisions o f this act. The commissioner of labor shall
give to the owner o f such building, and to the occupant thereof,
in case the same is occupied by some person other than the owner,
twenty-four hours’ notice in writing o f an order forbidding the
further use o f such elevator, as aforesaid, and at the expiration
of such notice shall post at each entrance to such elevator on each
floor, a notice that the use of such elevator has been forbidden by
an order of the department of labor. Such elevator shall not
be used after the posting of such notices until a certificate shall be
issued by the commissioner o f labor stating that such elevator
complies with all o f the provisions o f this act. The owner o f such
building, if he be the occupant o f the building, or the occupant
of the building, in case the owner is not the occupant, shall, for
any violation of this section, be liable to a penalty of two hundred
dollars for each offense.
Penalties.
S ec. 23. All penalties for violation of any o f the provisions oi
this act shall be sued for and recovered by the commissioner of
labor o f the State o f New Jersey for the use o f said State in the
same way and manner as penalties incurred by violation of the
act to which this act is a supplement. [Secs. 16-60, pp. 1386 et seq. j
C hapteb 190.— Railroads— Sufficient crews for trains.
Crew required
Section 1. It shall be unlawful for any railroad company, its
trains of1more officers or agents, receiver, or any person or persons doing busi-
than 30 cars; ness in this State, to run or operate over its road, or any part
of its road, or permit to be run or operated over its road, or any
part of its road, any freight train consisting o f more than thirty
(30) freight or other cars, exclusive o f caboose and locomotive,
with train crew consisting o f less than six ( 6 ) persons, to wit,
one engineman, one fireman, one conductor, one flagman, and two
brakemen.
Less than 30 gE > 2 . It shall be unlawful for any railroad company, its
C
cars;
officers or agents, receiver, or any person or persons doing busi
ness in this State, to run or operate over its road, or any part
o f its road, or permit to run or operate over its road, or any part
of its road, any freight train consisting of less than thirty (30)
freight or other cars, exclusive o f caboose and locomotive, with
a train crew consisting o f less than five (5) persons, to wit,
engineman, one fireman, one conductor, one flagman, and one
brakeman.
Passenger
S ec. 3. It shall be unlawful for any railroad company, its
trains.
officers or agents, receiver, or any person or persons doing busi
ness in this State, to run or operate over its road, or any part
of its road, or permit to be run or operated over its road, or any
part of its road, any train carrying passengers, consisting of not
more than three (3) passenger coaches and one baggage car, wT
ith
a train crew consisting of not less than five (5) persons, to wit
one engineman, one fireman, one conductor, one baggageman,
and one flagman. And further, where such train is operated by
LABOR LAWS----NEW JERSEY— ACTS OF 1913.
1427
electricity, consisting of not more-than three (3) electric pas
senger coaches and one electric baggage car, the train crew shall
consist of not less than four (4) persons, to wit, one motorman or
motorneer, one conductor, one baggageman and one flagman. The
provisions of this section not to include the train porters or
Pullman employees, if any.
Sec. 4. Nothing in this act shall be so construed as to make it Exceptions,
apply to any train carrying passengers, consisting of three or less
ca rs: Provided, That nothing in this act shall be so construed to
prevent the increasing of the number o f men upon trains as set
forth herein.
Sec. 5. It shall be unlawful for any railroad company, its m(Jlve cars or
officers or agents, receiver, or any person or persons doing busi
ness in this State, to run or operate over its road, or any part o f
its road, or permit to be run or operated over its road, or any part
o f its road, any train carrying passengers, consisting o f four (4)
or more passenger coaches and one baggage car, with a crew o f
less than six ( 6 ) men, to wit, one engineman, one fireman, one
conductor, one baggageman, one brakeman, one flagman. And
further, where such train is operated by electricity, consisting o f
four (4) or more electric passenger coaches and one electric bag
gage car, the train crew shall consist o f not less than five (5)
persons, to wit, one motorman or motorneer, one conductor, one
baggageman, one brakeman or guard, and one flagman. The pro
visions o f this section not to include the train porters or Pullman
employees, if any.
Sec. 6. It shall be unlawful for any railroad company, its Four cars or
officers or agents, receiver, or any person or persons doing business more*
in this State, to run or operate over its road, or any part of its
road, or permit to be run or operated over its road, or any part
o f its road, any train consisting of four or more passenger, express,
or mail cars, with a crew consisting o f less than five (5) men,
to wit, one engineman, one fireman, one conductor, one brake
man, one flagman; this not to include train porters or Pullman
employees, if any.
.
S ec. 7. It shall be unlawful for any railroad company, its trainTP wit°h
m
officers or agents, officers o f the court, receiver, or any person or mail or express
persons doing business in this State, to run or operate over its cars,
road, or part o f its road, or permit to be run or operated over its
road, or any part o f its road, any train consisting o f United States
mail, or express cars, without the rear end o f the . rear car so
equipped, with exit free from obstruction, platform o f thirty
inches in width, guardrails and steps, also heating appliances to
maintain a temperature o f sixty-five degrees.
Sec. 8. Any railroad company, its officers or agents, officers o f
Violations,
the court, receiver, or any person or persons operating a railroad,
violating any of the provisions o f this act, shall be guilty of a
misdemeanor, and liable to a penalty o f one hundred [dollars]
($100) for each and every such Violation, to be recovered with
costs according to law, for the use of the county in which such
violation takes place: Provided, however, That nothing in this
act shall apply or relate to trains owned or operated by manu
facturers, made up of hot metal ladles, ingots, slag, or table
trucks
Sec. 9. It shall be the duty o f the board of public utility com- Enf°rcement*
missioners o f this State to enforce the provisions o f this act.
C hapter 221.—Employment of children— School attendance.
Section 1. Every parent, guardian or other person having Attendance
charge and control o f a child between the ages of seven and six- requ
teen years shall cause such child regularly to attend a day school
in which at least reading, writing, spelling, English grammer,
arithmetic and geography are taught in the English language by
a competent teacher, or to receive equivalent instruction else
where than at school, unless such child is above the age of four
teen years, has been granted an “ age and schooling certificate”
1428
BULLETIN OF THE BUREAU OF LAB03 STATISTICS.
and is regularly and lawfully employed in some useful occupation
or service. Such regular attendance shall be during all tlie days
and hours that the public schools are in session in said school dis
trict, unless it shall be shown to the satisfaction o f the board o f
education o f said school district that the mental or bodily con
dition o f the child is such as to prevent his or her attendance at
school.
“Age and schooling certificates ” shall be granted by the super
intendent o f schools or the supervising principal o f the district on
the application in person o f the parent, guardian or custodian o f
the child for whom such certificate is desired. In a district in
which there is no superintendent or supervising principal such
certificates shall be issued by the principal teacher, or if there
be no principal teacher, by the person designated for that pur
pose by the board o f education.
Every child under the age o f sixteen years who shall have com
pleted the grammar school course prescribed fo r the district in
which such child resides, who is not regularly and lawfully em
ployed in any useful occupation or service, shall attend the high
school designated by the board o f education o f said district.
A ge and
gEC. 2. Every “ age and schooling certificate ” shall state the
tiflcatefg °er" color, name, sex, date and place o f birth, residence, color o f hair
and eyes, height, weight, and any distinguishing facial marks
o f the child, and shall contain a statement that the proofs o f age,
education and physical condition required by this article have
been filed with the officer issuing the certificate, and that the
child named in the certificate has personally appeared before such
officer and been examined.
Every such certificate shall be signed in the presence o f the
officer issuing the same by the child in whose name it is issued.
* The officer authorized to issue “ age and schooling certificates ”
ishall keep a record of every such certificate issued by him giving
all the facts contained in such certificate, and also a record of
the name and address o f every child to whom a certificate has
been refused, together with the name or number o f the school
which such child should attend, and the reasons for refusal.
► No “ age and schooling certificate” shall be issued until there
shall have been filed with the officer authorized to issue the
same, satisfactory proof that the child for whom such certificate is
requested has regularly attended a public school, or has received
instruction equivalent to that provided in the public schools, for
a period o f not less than one hundred and thirty days during the
twelve months next preceding the date o f the application for
such certificate, is able to read intelligently and write legibly
simple sentences in the English language, has completed a course
o f study equivalent to five yearly grades in reading, writing, spell
ing, English language and geography, is familiar with the funda
mental operations of arithmetic, up to and including simple frac
tions, and that such child is able to perform the work in which
he or she expects to be employed.
Proof of age.
Sec. 3. For the purpose o f this act evidence that the child is at
least fourteen years o f age shall consist o f one o f the following
proofs o f age and shall be required in the order herein designated
as follow s:
(a ) A duly attested transcript o f the birth certificate filed ac
cording to law with a registrar o f vital statistics or other officer
charged with the duty o f recording births, which certificates shall
be prima facie evidence o f the age o f such child.
(b ) A passport, or a duly attested transcript o f a certificate o f
baptism showing the date o f birth, and place o f baptism o f the
child.
(c) In case the proofs required by paragraphs (a ) or (b)
can not be produced, such other documentary evidence o f age as
shall be satisfactory to the officer issuing the certificate (except
the school record o f the child or the affidavit o f the parent,
guardian or other person having control of such child) may be
LABOR LAWS----NEW JERSEY----ACTS OF 1913.
1429
accepted, duly attested, as proof o f age, in tlie discretion o f the
officer issuing the certificate.
(d )
In case no documentary proof o f age can be produced the
Physical ex
officer authorized to issue the certificate may receive and file an animation,
application for a physician’s certificate, signed by the parent,
guardian or other person having control o f the child for whom the
application is made. Such application shall contain the name,
alleged age, place and date o f birth and present residence o f the
child, together with such further facts as may be of assistance
in determining the age o f such child, and shall also contain
a statement certifying that the person signing such applica
tion is unable to produce any o f the documentary evidence
specified in paragraphs (a), (b) or (c) .
I f within sixty
days after the date o f the filing o f such application, and after
a careful examination during such period, no facts shall appear
tending to discredit or contradict any material statement in the
application, the officer authorized to issue the certificate may
direct the child to appear, at a time and place to be desig
nated by him, for physical examination, but without removal of
clothing, by two physicians officially designated by the board o f
education o f the school district in which said child resides. In
case said physicians shall certify in writing that they have sepa
rately examined said child, and, that in their opinion, such child
is at least fourteen years o f age, such officer shall, for the pur
pose of this act, accept the certificates of such physicians as suffi
cient proof o f the age o f said child.
In case the certificates o f said physicians do not agree, the child
shall be examined by a third physician, designated as aforesaid,
and the concurring opinions shall, for the purpose o f this act, be
sufficient evidence o f the age o f said child.
The officer issuing the certificate shall require the evidence o f Affidavit,
age specified in paragraph (a ) in preference to that specified in
any subsequent paragraph, and shall not accept the evidence of
age specified by any paragraph other than paragraph (a ) unless
there shall be filed in his office, in addition thereto, an affidavit
of the parent, guardian, or other person having control o f the
child, showing that no evidence o f age specified in any paragraph
preceding that specified in the affidavit can be produced. Said
affidavit shall contain the age, date and place of birth, and present
residence o f the child. Said affidavit must be taken before the
officer issuing the “ age and schooling certificate,” who is hereby
authorized and required to take the same, and who shall not de
mand nor receive any fee therefor.
For the purpose o f ascertaining the physical condition o f the
child a certificate shall be filed by the medical inspector o f the
school district in which such child resides, stating that such child
has been examined and, in the opinion o f said medical inspector
has the normal development o f a child o f its a g e; is in sufficiently
sound health and physically able to be employed in any o f the
occupations in which a child between fourteen and sixteen years
o f age may be legally employed.
Sec. 4. Any parent, guardian or other person having charge and Violation by
control of any child between the ages o f seven and sixteen years, Parents> etcwho shall fail to comply with any o f the provisions of this article
relating to his or her duties, shall be deemed to be a disorderly
person. * * *
C h a p t e r 253 .—Hours
of labor on public works .
Section 1. All contracts hereafter made by or on behalf o f the
Eight hours
State o f New Jersey, or by or on behalf o f any county, city, tow n-a day’s work,
ship or other municipality o f said State, with any corporation,
person or persons, for the performance o f any work, or the fur
nishing o f any material manufactured within the State o f New
Jersey, shall be deemed and considered as made upon the basis
o f eight hours constituting a day’s w ork ; and it shall be unlawful
for any such corporation, person or persons to require or permit
1430
Violation.
BULLETIN OF THE BUREAU OF LABOR STATISTICS,
any laborer or workman and mechanic to work more than eight
hours per calendar day in doing such work or furnishing or manu
facturing such m aterial: Provided, That in cases where it may be
necessary to work more than eight hours per calendar day for
the protection o f property or human life such laborer or workmen
and mechanics may be employed for longer periods per calendar
day if paid on the basis of eight hours constituting a day’s w o rk :
And provided, further, That not less than the prevailing rate of
per diem wages in the locality where the work is performed shall
be paid to such laborers or workmen and mechanics so employed
by such contractors or subcontractors by or on behalf o f the State
of New Jersey, or by or on behalf o f any county, city, township
or other municipality o f said State.
Sec. 2. Any officer o f the State o f New Jersey, or of any county,
city, township or other municipality o f said State, or any person
acting under or for such officer, or any contractor with the State
of New Jersey or any county, city, township or other municipality
thereof, or any subcontractor under any such contractor, violating
any of the provisions of this act, shall for each offense be pun
ished by a fine o f not less than fifty dollars nor more than five
hundred dollars, or by imprisonment not more than six months, or
both fine and imprisonment in the discretion o f the court.
Chapter 269.— Accident prevention — Instruction of children.
Instruction
Section 1, It shall be the duty of each teacher in public,
required.
private and parochial schools in the State o f New Jersey to devote
not less than thirty minutes in each two weeks during which such
school is in session to instructing the pupils thereof as to the
ways and means o f preventing accidents.
Manual
to Sec. 2. The State commissioner o f education, acting in con"be provided, junction with the members of the employers’ liability com
mission and the director o f the American Museum o f Safety, shall
cause to be prepared and published at the expense of the State, a
handbook or manual on accident prevention, conveniently ar
ranged in lessons or chapters adapted to the understanding o f the
various class grades, for the purpose o f the instructions provided
for in the preceding section, and shall furnish a copy thereof to
each teacher required to give such instructions.
Lectures.
Sec. 3. At least once during each school term arrangements
shall be made by the principals o f all schools for the delivery by
a duly authorized representative of the American Museum o f
Safety o f a lecture on accident prevention and industrial, home
and school hygiene, the cost of which to be paid by the State.
L a w to be Sec. 4. The local boards o f education, school directors, trustees
posted.
or other persons having control o f the schools of cities, villages,
townships or other civic subdivisions o f territory, whether the
same be public, private or parochial, shall cause a copy o f the
next three preceding sections to be printed in the manual or hand
book prepared for the guidance o f teachers where such manual or
handbook is in use.
Chapter 281.— Mothers' pensions— Aid fo r dependent children.
Petition by
S ection 1. Any widow who is the mother o f a child or children
mother.
under the age of sixteen, and who is unable to support them and
to maintain her home, may present a petition for assistance to the
court o f common pleas o f the county wherein she resides.
Contents.
Sec. 2. Such petition shall be verified and shall set forth the
following:
(a ) Her name, the date o f the death o f her husband, the names
o f her children, and the dates and places o f their birth and the
time and place of her marriage.
(b) Her residence and the length of time that she has been a
resident of the State, the length of time she has lived at said resi
dence and the address or addresses of her place or places o f
abode for the previous five years, and the date, as near as possible
LABOR LAWS— NEW JEKSEY— ACTS OF 1913,
1431
when she moved in and when she left said place or places of resi
dence.
(c) A statement of all the property belonging to her and to
each of her children, which statement shall include any future or
contingent interests which she or any of them may have.
(d) A statement o f the efforts made by her to support her
children.
(e) The names, relationships and addresses of all her and her
husband’s relatives, that may be known.
Sec. 3. A copy of the petition provided for in section two hereof
Copy to be
and a notice of the time and place when it w ill be presented to served on overthe^ court must be served on or mailed to the overseer of the poor seer 0 pck)r*
having jurisdiction over the district wherein the petitioner re
sides and the board of children’s guardian’ s [sic] at least five
days before such time.
S ec. 4. Upon the return o f the petition and notice the court investigation
shall examine under oath all who desire to be heard: Provided, and hearing.
however, That the New Jersey State Board o f Children’s Guard
ians shall before said hearing examine into the truth o f the facts
set forth in the above-mentioned petition and shall file a report
of its findings with the court, setting forth in full the results o f
its investigation. The court may, in its discretion, issue sub
poenas for the attendance of witnesses and adjourn the hearing
from day to day: And provided, hoivever, The court may refer
said matter to a commissioner to be appointed by the court to
hear such witnesses as shall be produced by the petitioner, or the
State board o f children’s guardians or others. Said commis
sioner shall make a report to the court setting forth the facts as
proven before him.
S ec. 5. If, upon the completion of the examination provided for Provision for
under section four hereof, the court concludes that, unless relief support
is granted, the mother will be unable to properly support and
educate her children, and that they may become a public charge,
it shall make an order committing said family to the care o f the
State board o f children’s guardians, and directing that there
shall be paid to the mother, through the State board of children’s
guardians, monthly out o f the county funds the following amounts
for the maintenance and support o f the children under sixteen;
nine dollars for one such child, fourteen dollars for two and four
dollars for each additional child.
Sec. 6. It shall be the duty o f the State board o f children’s R eg u la tio n s. 1
guardians to see that any widow committed to its care, pursuant
to the provisions of this act is properly caring for her children,
that they are sufficiently clothed and fed, that they attend school
regularly and receive proper religious instruction; and that said
family shall be visited at least six times a year. The State board
of children’s guardians shall report immediately to the court
that had the original jurisdiction in the case of any widow who
does not properly care for and educate her child or children, or
when they find that she is an improper guardian for said child or
children, or when they find that she no longer needs such sup
port. The court shall thereupon revoke or cancel any order made R ev o ca tio n o f
pursuant to this act, at any time with or without notice, and inSrantlieu thereof make any order that in the judgment o f the court
may protect the welfare o f the child or children, or may make
an order committing said child or children to the care, custody
and control o f the New Jersey State board o f children’s guard
ians, said child or children so committed to their care to be held
by said New Jersey State board o f children’s guardians pur
suant to a statute entitled “ An act for the creation of a State
board of children’s guardians, * * * [Secs. 62-74, pp. 2 8 19 2820 o f Compiled Statutes].
S ec. 7. No fees or costs shall be paid or allowed by the court Fees,
for any proceedings held pursuant to this act, nor shall any
counsel fee be ordered or collected from any party applying to
the court pursuant to the provisions o f this act. All proceedings
pursuant to this act shall be in forma pauperis.
1482
BULLETIN OF THE BUREAU OF LABOB STATISTICS.
C hapter 294.— Employment of children— Vocational schools.
Section 1. The following words and phrases as used in this
act shall, unless a different meaning is plainly required by the
context, have the following meanings:
(a ) “ Vocational education” shall mean any education the
controlling purpose o f which is to fit for profitable employment.
(b ) “ Industrial education ” shall mean that form o f voca
tional education which fits for the trades, crafts and manufac
turing pursuits, including the occupations for girls and women
carried on in workshops.
(c ) “Agricultural education ” shall mean that form o f voca
tional education which fits for the occupations connected with
the tillage o f the soil, the care o f domestic animals, forestry
and other wage-earning or productive work on the farm or in
the garden or greenhouse.
(d ) “ Household arts education ” shall mean that form of vo
cational education which fits for occupations connected with the
household.
(e) “ Industrial, agricultural or household arts school” shall
mean an organization o f courses, pupils and teachers designed
to give industrial, agricultural or household arts education either
as a separate school or as a department of a school maintained
in the district.
( f ) “ Evening class” in an industrial or agricultural school
shall mean a class giving such training as can be taken by per
sons above the age o f sixteen employed during the working day,
and which, in order to be called vocational, must, in its instruc
tion, deal with the subject matter o f the day employment, and
so carried on as to relate £o the day employment.
(g ) “ Evening cla ss” in a household arts school shall mean
a class giving training in home-making to girls and women over
seventeen years o f age however they may be employed during
the day.
(h ) “ Part-time or continuation class” in an industrial, agri
cultural or household arts school, shall mean a vocational class
for persons giving a part o f their working time to profitable em
ployment and receiving in the part-time school instruction com
plementary to the practical work carried on in such employment.
JpstabHshment
gE > 2. The commissioner o f education shall investigate the
C
etc., schools. ’ necessity for the introduction o f industrial, agricultural and
household arts education, and report monthly to the State board
o f education and, subject to the approval o f said board and to
such rules and regulations as it may make, superintend the
establishment and maintenance of schools for the aforesaid
forms o f education and supervise and approve such schools as
hereinafter provided.
Id&Te eninlr ®EC*
In order
instruction in the principles and practice
schools. V
may go on together, industrial, agricultural and household arts
schools may offer instruction in day, part-tim e and evening
classes.
School dis- gEC 4# Tke board o f education o f any school district may esrlc s*
tablish and maintain industrial, agricultural and household arts
schools, or two or more school districts may, as provided in arti
cle X I o f the act to which this act is a supplement, [general
school law ], so far as the provisions o f said article are not in
consistent with the provisions o f this act, establish and maintain
such schools. * ♦ *
Counties.
gEc. 8. There may be established and maintained in any
county in this State an industrial, agricultural or household arts
school, to be known as the “ Vocational school in the county
o f__________________ ” (here insert the name o f the county in
which such school shall be located). The State board of educa
tion shall prescribe rules and regulations for the organization,
•management and control of such schools.
Definitions.
NEW MEXICO.
CONSTITUTION.
A rticle
X I. — Railroads— Safety appliances— State
commission.
corporation
Section 7. * * * The commission shall also have power and Power to rebe charged with the duty * * * to require all intrastate rail- Stance*.
aP"
ways, transportation companies or common carriers, to provide
such reasonable safety appliances in connection with all equip
ment, as may be necessary and proper for the safety o f its em
ployees and the public, and as are now or may be required by the
Federal laws, rules and regulations governing interstate com
merce. * * *
A rticle X V II.— Mine regulations—inspector .
S ection 1. There shan be an inspector of mines, who shall be
Office e r e appointed by the governor, by and with the advice and consentatedof the senate, for a term of four years, and whose duties and
salary shall be as prescribed by law.
S ec. 2. The legislature shall enact laws requiring the proper
Laws to be
ventilation o f mines, the construction and maintenance o f escape- enacted*
ment shafts or slopes, and the adoption and use of appliances
necessary to protect the health and secure the safety of employees
therein. No children under the age of fourteen years shall be
employed in mines.
A rticle X X .—Liability
of railroad companies for injuries to
employees .
Section 16. Every person, receiver or corporation owning or
A c ts o f fei~
operating a railroad within this State shall be liable in damages low serva n ts,
for injury to, or the death of, any person in its employ, resulting
from the negligence, in whole or in part, o f said owner or operator
or o f any o f the officers, agents or employees thereof, or by reason
of any defect or insufficiency, due to its negligence, in whole or in D efectiv e ap part, in its cars, engines, appliances, machinery, track, roadbed, p liances.
works or other equipment.
An action for negligently causing the death of an employee as
above provided shall be maintained by the executor or adminis
trator for the benefit of the employee’s surviving widow or hus
band and children; or if none, then his parents; or if none, then
the next o f kin dependent upon said deceased. The amount re
covered may be distributed as provided by law. Any contract or w a iv e r s ,
agreement made in advance o f such injury with any employee
waiving or limiting any right to recover such damages shall be
void.
This provision shall not be construed to* affect the provisions of
section two of article twenty-two of this constitution, being the
article upon schedule.
A rticle X X .—Hours o f labor on public works .
Section 19. Eight hours shall constitute a day’s work in all
Eight - hour
cases of employment by and on behalf of the Staf6 or any county day.
or municipality thereof.
1433
1434
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
A r t ic l e
X X I I .—Federal statutes— Liability of railroad companies
for injuries to employees— Mine regulations.
Railroad act
S e c t i o n 2. Until otherwise provided by law, the act
of 1908 to be 0f the United States, entitled “ An act relating to
m force.
common carriers, by railroads to their employees
of Congress
liability of
in certain
cases,” approved April twenty-second, nineteen hundred and eight,
and all acts amendatory thereof, shall be and remain in force in
this State to the same extent that they have been in force in the
Territory of New Mexico.
Mine law of
Sec. 3. Until otherwise provided by law, the act of Congress,
1891 to be in entitled “ An act for the protection of the lives of miners,” ap-
orce*
proved March third, eighteen hundred and ninety-one, and all
acts amendatory thereof, shall be and remain in force in this
State to the same extent that they have been in force in the
Territory o f New M exico; the words “ governor o f the State,”
are hereby substituted for the words “ governor of such organized
Territory; ” and for the words “ Secretary o f the Interior ”
wherever the same appear in said acts; and the chief mine in
spector for the Territory of New Mexico, appointed by the Presi
dent of the United States, is hereby authorized to perform the
duties prescribed by said acts until superseded by the “ inspector
of m ines” appointed by the governor, as elsewhere provided by
the constitution, and he shall receive the same compensation from
the State as he received from the United States.
COMPILED LAW’S— 1897.
Sunday labor.
Sunday labor Section 1368. Any person or persons who shall be found on the
formaaen.
firgt
week> cailed Sunday, engaged * * * in any
labor, except works of necessity, charity or mercy, shall be pun
ished by a fine not exceeding fifteen dollars, nor less than five
dollars, or imprisonment in the county jail of not more than
fifteen days, nor less than five days, in the discretion o f the court,
upon conviction before any district court,
hotelr 1 service’ ®EC* 1^70.
shall be lawful in cases of necessity for farmers
etc.
’ and gardeners to irrigate their lands, and when necessary to pre
serve the same, to remove grain and other products from the
fields on said day; and nothing in this act shall be construed
to prevent cooks, waiters and other employees of hotels and res
taurants, and o f butchers and bakers, from performing their
duties on said day.
Definition.
Sec. 1372. Sunday, for the purpose of this act, shall be regarded
as the time between sunrise and midnight of said day.
Protection of employees as voters.
Attempting to Section 1636. It shall be unlawful for any person * * * at
influence vot- or pri0r to any election authorized by the laws o f this Territory,
to influence or attempt to influence any voter to vote for or
against any candidate for office, or any question or person, or to
refrain from voting at any such election, * * * by the offer
o f employment, or by any menace or threat to discharge from
employment, or by any threat o f violence to any such voter,
* * *. Any person violating any o f the provisions of this sec
tion shall upon conviction thereof, before any court o f competent
jurisdiction, be fined in any sum not less than one hundred dol
lars, nor more than five hundred dollars, and by imprisonment in
the county jail not less than three months, nor more than six
months, at the discretion of the court trying the same.
Exemption of wages from execution, etc.
Sixty days’ Section 1737. Every person who has a family and every widow,
empt,nwhen.X " may hold the following property exempt from execution, attach
ment or sale, for any debt, damage, fine or amercement, to w it:
*
*
*
*
*
LABOR LAWS----NEW MEXICO----COMPILED LAWS----1897.
Sixth. The personal earnings o f the debtor for sixty days next
preceding his application for such exemption, when it is made to
appear by the affidavit of the debtor, or otherwise, that such earn
ings are necessary to the support of such debtor, or his wife or
his fam ily: Provided, That such exemption shall not apply to
debts incurred for manual labor, or for the necessaries of life fur
nished the debtor or his family.
1435
Proviso,
Bonds of employees—Foreign guaranty companies.
S ection 2141. * ♦ * No corporation, company, firm or individual, shall demand as a condition precedent to giving employ- Territory,
ment to any person or retaining such person in employment, that
such employee shall procure the bond or guarantee o f any foreign
guaranty company, as an indemnity to such employer against
loss by the act of such employee, unless such guaranty company
shall have a designated agent at the county seat o f some county
in this Territory, where they do business, upon whom process can
be served in suits against it, and it shall have otherwise fully
complied with the law to warrant it in so doing such insurance
or guaranteeing business in this Territory.
Sec. 2142. Any corporation, company, firm or individual doing Penalty,
business in this Territory, or who may hereafter so do business,
who shall enter into any contract as to guaranteeing such em
ployer against loss from the acts o f employees with any foreign
guaranty company, firm or corporation, that is not entitled by a
full compliance with the laws o f this Territory to do such insur
ance or guaranteeing business in this Territory, or who shall
charge a fee to its, their or his employees, or retain from the
wages of any employee any fee or sum o f money to pay for such
guarantee so entered into with such guaranty association, cor
poration, company, firm or individual, who shall not have complied
with the requirements o f section two thousand one hundred and
forty-one, to warrant it or him to do such business in this Terri
tory, shall be deemed guilty of a misdemeanor, and shall be sub
ject to a fine not less than one thousand dollars nor more than
ten thousand dollars,, in the discretion o f the jury trying the case,
and it is hereby made the duty of all prosecuting officers to take
notice of violations of this act and prosecute the same.
Occupational diseases— Medical attendance for employees in
smelting works.
Section 2337. Whenever any employee o f any corporation, per- Medical a t son or persons engaged in the management and operation o f any tendfPi^ whJif
smelting works in the Territory o f New Mexico, shall become d is-prov
*
abled and rendered unfitted for labor by reason o f lead poisoning,
which said lead poisoning shall be the result and consequence of
said employee’s performance and proper discharge of said em
ployee’s duties in and about said smelting works, said employee
shall be provided with and receive all proper medical attendance,
medicines and sustenance during such disability, at the expense
o f said corporation, person or persons so employing him.
Sec. 2338. I f any such corporation, person or persons engaged Action for re
in the management and operation o f any smelting works in th e covery*
Territory of New Mexico shall fail to provide such employee with
all proper medical attendance, medicines and sustenance during
such disability o f said employee, then the reasonable expense o f
providing such employee with all proper medical attendance, medi
cines and sustenance during such disability o f said employee may
be recovered from such corporation, person or persons so engaged
in the management and operation o f smelting works as aforesaid,
in an action at law by and in the name o f any person or persons
rendering or providing such employee with the said medical
attendance, medicines and sustenance.
1436
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Mine regulations—Coal mines .
Section 2339. The owner or agent o f every coal mine shall
make or cause to be made an accurate map or plan of the work
ings of such coal mine or mines, on a scale of one hundred feet
. to the inch.
Copies to be
S ec. 2340. A true copy o f which map or plan shall be kept at
kept, where.
the office o f the owner or owners o f the mine open to the inspec
tion o f all persons, and one copy o f such map or plan shall be
kept at the mines by tlie agent or other persons in charge o f the
mines, open to the inspection o f the workmen.
Escape shafts.
S ec. 2341. The owner or ow’ners or agents o f every coal mine
shall provide at least two shafts, slopes or outlets, separated by
natural strata o f one hundred and fifty feet in breadth, by which
shafts, slopes or outlets distinct means of ingress and egress are
always available to the persons employed in the Qoal mine.
Ventilation.
S ec. 2342. The owners or agents o f every coal mine shall pro
vide and establish for every such coal mine an adequate amount
of ventilation o f not less than fifty-five cubic feet per second, o f
pure air, or thirty-three hundred feet per minute for every fifty
men working in such coal mine, and as much more as the circum
stances require, which shall be circulated through the face of
every working place throughout the entire mine, to dilute and
render harmless, and expel therefrom, the noxious, poisonous
gases, to such an extent that the entire mine shall be in a fit state
for men to work therein and be free from danger to the health
and lives o f the men by reason of said noxious and poisonous
gases, and all workings shall be kept clear o f standing gas.
Overseer.
S ec. 2343. To secure such ventilation in every such coal mine,
the owner or agent in charge shall employ a competent and pracMap.
Duties.
tical inside overseer, who shall keep a careful watch over the
ventilating apparatus, over the airways, traveling ways, the
pumps and tanks, the timbering, to see as the miners advance in
their excavations that all loose coal, slate o r rock overhead is
carefully secured against falling, and to provide for the health
and safety of the men employed therein; over the arrangements
for signaling from top to bottom, and from bottom to top of the
shaft or stope, and all things appertaining to the safety of the
men employed in such mine. He or his assistants shall examine
carefully the workings o f all mines generating explosive gases,
every morning, and at all times when necessary before the miners
enter, and shall ascertain that the mine is free from danger, and
the workmen shall not enter the mine until such examination has
been made and reported, and the cause of danger, if any, be re
moved.
Hoisting masec . 2344. The overseer shall see that the hoisting machinery
chmery.
ig kept constantly in repair, and ready for use to hoist the work
men out of the mine.
sec . 2345. The word, owner, as used in this act shall apply to
lessee as well.
Damages.
g Ec. 2346. For every injury to person or property occasioned
by any violation o f this act, or any willful failure to comply with
its provisions, a right o f action shall accrue to the party injured
for any direct damages he or she may have sustained thereby,
before any court o f competent jurisdiction.
Negligence of
s Ec. 234T. For any willful failure or negligence on the part of
overseer.
^
overgeer 0f any coa] mine, he shall be liable to conviction of
a misdemeanor and punished according to law : Provided, That
if such willful failure or negligence is the cause o f the death of
any person, the overseer, upon conviction, shall be deemed guilty
o f manslaughter.
Boilers to be
Sec. 2348. All boilers used for generating steam in and about
inspected.
flie mjne shall be kept in good order, and the owner or agent in
charge o f such mine shall have them inspected by some competent
boiler maker as often as once in every three months.
New mines.
S ec. 2349. This act shall not apply to the opening o f new coal
mines.
Definition.
LABOR LAWS----NEW MEXICO— COMPILED LAWS— -1897.
1437
Sec. 2350. The owner or agent o f each coal mine within this Scales to be
Territory, at which the miners are paid by weight, shall provide provided.
at or near such mine suitable scales o f standard make for the
weighing o f all coal mined.
Sec. 2351. The owner or agent o f such mine shall require the Weighman.
person authorized to weigh the coal delivered from said mine to
be sworn, before some person having authority to administer an
oath, to keep the scales correctly balanced; to accurately weigh
and to record a correct account o f the amount weighed o f each
miner’s car o f coal delivered from such mine, and such oath shall
be kept conspicuously posted at the place of weighing. The rec
ord o f the coal mined by each miner shall be kept separate and
shall be open to his inspection at all reasonable hours, and also
for the inspection o f all other persons pecuniarily interested in
such mine.
Sec. 2352. In all coal mines in this Territory the miners em
Checkweigh
ployed and working therein may furnish a competent check- man.
weighman, who shall at all proper times have full right o f access
and examination of such scales, machinery or apparatus, and see
ing all measures and weights o f coal mined and accounts kept of
the sam e: Provided, That no more than one person on behalf of Proviso.
the miners collectively shrill have such right o f access, examina
tion and inspection o f scales, measures and accounts at the same
time and that such person shall make no unnecessary interference
with the use o f such scales, machinery or apparatus. The agent
o f the miners as aforesaid shall, before entering upon his duties
make and subscribe to an oath before some officer duly author
ized to administer oaths, that he is duly qualified and will faith
fully discharge the duties o f checkweighman. Such oath shall be
kept conspicuously posted at the place o f weighing.
Sec. 2353. Any person, company or firm having or using any False scales,
scale or scales for the purpose o f weighing the output o f coal at etc.
mines so arranged or constructed that fraudulent weighing may
be done thereby, or who shall knowingly resort to or employ any
means whatsoever by reason o f which such coal is not correctly
weighed or reported in accordance with the provisions o f this act,
or any weighman or checkweighman who shall fraudulently
weigh or record the weights o f such coal, or receive at [sic] or
connive at, or consent to such fraudulent weighing, shall be
deemed guilty o f a misdemeanor, and shall upon conviction for
each such offense be punished by a fine o f not less than two hun
dred dollars ($200), nor more than five hundred dollars ($500),
or by imprisonment in the county jail for a period not to exceed
sixty days, or by both such fine and imprisonment, proceedings
to be instituted in any court o f competent jurisdiction.
Sec. 2354. Any person, owner or agent operating a coal mine in Penalty.
this Territory who shall fail to comply with the provisions o f this
act, or who shall obstruct or hinder the carrying out of its require
ments shall be fined for the first offense not less than fifty dollars
($50), nor more than two hundred ($200) dollars; for the second
offense not less than two hundred ($ 200), nor more than five hun
dred dollars ($500), and for a third offense not less than five
hundred dollars ($500) : Provided, That the provisions o f this act Proviso.
[secs. 2350 to 2354] shall apply only to coal mines whose products
are shipped by rail and shall not apply to mines where suitable
scales o f standard make furnished by any railroad or transpor
tation company or through which the coal is shipped or [are]
used for such weighing.
Payment o f wages in scrip— Truck system .
Section 2355. It shall be unlawful for any person, firm, com Scrip, etc., to
redeemable
pany or corporation owning or operating coal or other mines or be money.
in
transacting any kind o f general mercantile business in the Terri
tory o f New Mexico, to sell, give, deliver, or in any manner issue
directly or indirectly, to any person employed by him or it in pay
ment for wages due for labor or as advances on wages o f labor
1438
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
not due, any script [scrip], check, draft or order, or evidence of
indebtedness payable or redeemable otherwise than in their face
value in m oney; and such person, acting member or agent o f any
firm, acting agent or agents or officers o f any company or corpo
ration [or] firm who shall violate any o f the provisions o f this
section, shall be deemed guilty of a misdemeanor, and upon con
viction thereof, shall be punished by a fine not exceeding five hun
dred dollars, nor less than two hundred and fifty dollars, and the
amount o f any script [scrip], token, check, draft, order or other
evidence o f indebtedness sold, given, delivered or in any manner
issued in violation o f the provisions o f this act shall recover in
money at the suit of any holder thereof against the person, firm,
company or corporation selling, giving, or delivering or in any
manner issuing the same.
R e stricting
S ec. 2356. Whoever compels or in any manner seeks to compel .
trade.
or coerce an employee o f any person, firm, company or corpora
tion to purchase goods or supplies from any particular person,
firm, company or corporation shall be deemed guilty o f a misde
meanor and upon conviction thereof shall be punished by a fine
not exceeding five hundred dollars or imprisonment in the county
jail not exceeding sixty days, or both at the discretion o f the court.
[See chapter 44, Acts of 1907.]
Liability of railroad companies for injuries to employees.
Lack of care
Section 3216. Every corporation operating a railway in this
in s e l e c ting Territory shall be liable in a sum sufficient to compensate such
employees.
employee for all damages sustained by any employee o f such cor
poration, the person injured or damaged being without fault on
his or her part, occurring or sustained in consequence o f any mis
management, carelessness, neglect, default or wrongful act o f any
agent or employee o f such corporation while in the exercise o f
their several duties, when such mismanagement, carelessness, neg
lect, default or wrongful act of such employee or agent could have
Overworking been avoided by such corporation through the exercise o f reasonempioyees.
at)le care or diligence in the selection o f competent employees or
agents, or by not overworking said employees, or requiring or
allowing them to work an unusual or unreasonable number of
hours; and any contract restricting such liability shall be deemed
to be contrary to the public policy of this Territory and therefore
void.
Use of defecSec. 3217. It shall be unlawful for any such corporation knowtive cars, etc. ingly and willfully to use or operate any car or locomotive that is
defective, or any car or locomotive upon which the machinery or
attachments thereto belonging are in any manner defective, or
shops or machinery and attachments thereof which are in any
manner defective, which defects might have been previously ascer
tained by ordinary care and diligence by said corporation.
I f the employee o f any such corporation shall receive any injury
by reason of such defect in any car or locomotive or machinery or
attachments thereto belonging, or shops or machinery and attach
ments thereof, owned and operated, or being run and oper
ated by such corporation, through no fault o f his own, such corpo
ration shall be liable for such injury, and upon proof o f the same
in an action brought by such employee or his legal representatives,
Damages.
in any court o f proper jurisdiction, against such railroad corpora
tion for damages on account o f such injury so received, shall be
entitled to recover against such corporation any sum commensuProviso.
rate with the injuries sustained: Provided, That it shall be the
duty of all the employees o f railroad corporations to promptly
report all defects coming to their knowledge in any such car or
locomotive or shops or machinery and attachments thereof to the
proper officer or agent o f such corporation and after such report
the doctrine of contributory negligence shall not apply to such
employee.
Death.
Sec. 3218. Whenever the death o f an employee shall be caused
under circumstances from which a cause of action would have
LABOR LAWS— NEW MEXICO---- COMPILED LAWS— 1897.
1439
accrued under tlie provisions of the two preceding sections, if
death had not ensued, an action therefor shall be brought in the
manner provided by section three thousand two hundred and
fifteen [by the personal representative], and any sum recovered
therein shall be subject to all o f the provisions of said section
three thousand two hundred and fifteen [is not liable for debts,
but goes according to the statute of distributions].
Intoxication of employees on railroads.
Section 3868. I f any person shall, while in charge of a locomotive engine running upon any railroad of any corporation formed
under this act, or while acting as conductor of a car or train o f
cars on any such railroad, be intoxicated, he shall be deemed
guilty o f a misdemeanor, and on conviction thereof, shall be fined
in any sum not exceeding one thousand dollars, or imprisoned in
the county jail not exceeding six months.
In to x ic a tio n
e n g i neer,
ACTS OF 1899.
C hapter 64.— Pesthouses to be maintained by certain corporations.
Section 2. All mining companies, or other corporations doing
business in this Territory who receive any money from their
employees for the purpose of employing a physician to attend to
and render medical aid to any o f said employees during sickness,
or to enforce sanitary regulations for the benefit o f said employees,
are hereby required to erect and maintain a proper and suitable
pesthouse not less than one and one-half miles from any town,
mining camp, settlement, or village where the headquarters of
such company may be, or where the greater portion o f said em
ployees may labor, for the purpose of taking proper care of, and
quarantining any and all of said employees who may be effected
[affected] with any contagious, or infectious deseases [diseases]
and any company or corporation violating any o f the rrovisions
[provisions] o f this act [,] upon proper proceedings and convic
tion thereunder, shall be fined as set forth in section one [in any
sum not less than three dollars nor more than eighty dollars],
and in addition thereto shall be liable for all damages occasioned
by their violation of the law as embodied in this act.
P esth ou se to
e c t e d*
ACTS OF 1903.
C hapter 2.— Miners’ hospital.
section 4. There is also hereby created and established an
Hospital esinstitution to be known and called the “ Miners’ Hospital o f tabiished.
New Mexico," * * *
S ec. 9. The miners’ hospital hereby established and created is
Objects,
intended and meant to be for the free treatment and care of resi
dent miners o f the Territory o f New Mexico, who may become
sick or injured in the line of their occupation; and all lodging
and medical care shall be free o f charge, as shall all other ex
penses incurred by the patient, except in cases where such patient
is possessed o f property and means sufficient to enable him to
pay the actual costs and charges incurred by his attendance at
such hospital, in which case the board o f trustees may make
provision for his being charged and paying such expenses incurred.
ACTS OF 1905.
C hapter 37.— Contracts of employment—Repayment, etc., o f ad-
vances.
Section 1. Any person or persons, who under the pretense of
F r aud i n
hiring to do work for any other person or persons who shall yances!ng
obtain in advance and on account o f promise o f work to be done
1440
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Penalty.
by such person or persons, any goods or money, and afterwards
being able so to do willfully, fails to perform the work agreed by
such person or persons to be performed; be punished before any
justice o f the peace by a fine o f not less than fifty dollars, and
no more than one hundred dollars, or by imprisonment in the
county jail for not less than three months nor more than six
months or b oth : Provided, however, I f before, or at the time said
labor was to be done or performed said person or persons shall
refund said money or pay for any goods so obtained and interest
on the same, this law shall not apply.
C hapter
Wages a prior lien.
Exception.
79.— Wages
as
preferred claims—Insolvency of cor
porations•
.
Section 89. In case o f the insolvency o f any corporation the
laborers and workmen, and all persons doing labor or service o f
whatever character, in the regular employ of such corporation, or
furnishing material or supplies necessary for the actual operation
o f the business o f such corporation or the betterment o f its prop
erty, shall have a first and prior lien upon the assets thereof for
the amount o f wages due to them respectively for all labor, work
and services done, performed or rendered, or material or supplies
furnished, within four months next preceding the date when pro
ceedings in insolvency shall be actually instituted and begun,
against such insolvent corporation.
S ec . 90. Such lien shall be prior to all other liens that can or
may be acquired upon or against such assets, except the lien and
incumbrance o f a chattel mortgage, recorded more than two
months next preceding the date when proceedings in insolvency
shall have been actually instituted against such insolvent corpo
ration, and except the lien and incumbrance o f a chattel mortgage
recorded within two months next preceding the date when pro
ceedings in insolvency shall have been actually instituted against
such insolvent corporation, for money loaned or for goods pur
chased within said period o f two months.
C hapter 124.— Preference o f resident laborers and domestic ma
terials on highways.
Resident la-
•
Section 39. In order to foster and encourage the use o f local
materials and labor, hereafter any bridge or culvert constructed
upon the provisions o f this act in this territory shall be con
structed, whenever practicable and more economical, o f material
produced in this Territory, using local labor in its construction.
ACTS OF 1907.
C hapter 44.— Payment of wages in scrip.
Payment on
Section 1. The provisions o f section 2355 o f the Compiled Laws
r o lin e n * ° * of 1897 sha11 not apply in
instance where the issuance o f
w r
*
script [scrip], check, draft, or order, is upon the voluntary re
quest or at the instance o f the party to whom issued, but only in
cases where the employer seeks to compel, coerce, or influence
the employee against his will to accept the same.
C hapter 96.—Employers to furnish names o f employees to tax
officials.
Duty of emS ection 1. Any person, firm or corporation, having in his, theirs
pioyers.
[their], or its, employ any male person or persons required by law,
to pay a poll tax, or to do public road work, shall on demand o f
the clerk o f the school board o f any school district, wherein such
employees may reside and are required by law to pay a poll tax,
furnish to him a list o f the names o f all employees residing in
such school district, liable by law to pay a poll ta x; and on the
demand o f the road overseer of any precinct shall likewise fur-
LABOR LAWS----NEW MEXICO----ACTS OF 1912.
nish to him a list of all employees residing in such precinct who
are required by law to work on the public roa.ds therein; and if
the clerk of any school district or road overseer, shall find on such
list so furnished to him as by this act provided, the name or
names of any person or persons who have not paid his poll tax or
work on the public roads or paid a road tax in lieu of such work
as required by law, such clerk and road overseer respectively shall
give to such employer the names o f all employees found, by him
on the list furnished as herein provided, together with the state
ment o f the amount o f poll tax or road tax, as the case may be,
each employee is due and owing and thereupon, every such em
ployer shall pay to such clerk or road overseer as the case may
be, the amount due and payable from each employee, taking from
the officer collecting the said poll tax or road tax, a separate
receipt for the tax of each employee so paid, which receipts shall
be and become a complete and counterclaim and set off: to the
amount o f their full face value in discharge o f any obligation or
any manner o f indebtedness existing at the time, or which may
at any time thereafter exist and be owing to any such employee
by the employer paying the same.
Sec. 2. Any employer who shall refuse to furnish the lists of
employees or pay the poll or road tax as provided in the preced
ing section shall be guilty o f a misdemeanor and on conviction
thereof before any justice o f the peace having jurisdiction shall be
punished by fine o f not less than twenty-five dollars ($25.00) nor
more than one hundred dollars ($ 100 .00), and the costs o f the
prosecution, which fines when collected shall be turned into the
school fund o f the school district the clerk o f which made the
demand for the lists and payment o f poll tax in poll tax cases,
and into the road fund o f the proper precinct where the demand
for the lists and payment on road tax is made by the road over
seer and refused by the defendant being prosecuted under the
provision o f this act.
1 44 1
Violation.
ACTS OF 1912.
C hapter 15.—Protection of employees as voters— Time to vote.
Section 1. Any person entitled to vote at any election provided
Two
hours
by law in this State may on the day o f such election be entitled allowed.
to absent himself from any service or employment in which he is
then engaged, for a period o f two hours between the time o f open
ing and the time o f closing the polls, and such voter shall not
because o f thus absenting himself be liable to any penalty: Pro vidcd , however, The employer may specify the hours during which
the employee may absent himself, as aforesaid.
Sec. 2. Any person or corporation who shall refuse to an em Violations.
ployee the privilege conferred in the foregoing section, or who
shall in any manner attempt to influence or control such voter as
to how he shall vote, by ovvering [offering] any reward, or by I n t i m i d a t i o n ,
threatening to discharge from employment or discharging such etc.
employee, or otherwise intimidating him from a full and free exer
cise of his right to vote, or shall, directly or indirectly, violate any
of the provisions o f this act, shall be deemed guilty o f a misde
meanor, and be fined in any sum not less than fifty dollars nor
more than one hundred dollars upon conviction before any justice
o f the peace or the district court.
C hapter 33.—Blacklisting.
Blacklisting
Section 1. It shall be unlawful for any person or persons, firm
or corporation employing labor in this State, after having dis forbidden.
charged any person from service, to prevent or attempt to prevent
by word, sign or writing of any kind whatever, any such dis
charged employee from obtaining employment from any person or
persons, firm or corporation: Provided, That any employer men
39387°—Bull. 148, pt 2—14------ 15
1442
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Violations.
Damages.
tioned in this act may give the true reasons either by writing or
otherwise, for the discharge of any such employee.
S ec. 2. Any employer of labor, its or his agent or employee who
shall violate the provisions o f this act, shall be guilty of a misde
meanor and shall, upon conviction thereof, be fined for each
offense not less than one hundred dollars, nor more than one
thousand dollars.
S ec. 3. Any person or persons, firm or corporation guilty of the
violation o f this act, shall be liable in damages to the party in
jured to the amount of all the injury resulting to the person in
jured as the result o f said wrongful act, and the said employer or
employers o f labor shall be liable to the said person so injured, for
a reasonable attorney fee to be fixed by the court trying the case,
which attorney fee shall be taxed as part of the cost in the case.
C hapter G2.— Hours of labor of employees on railroads.
Section 1. It shall be unlawful for any railway company within the State o f New Mexico or any o f its officers or agents to
require or permit any employee engaged in or connected with the
movement o f any rolling stock, engine or train, to remain on duty
for a longer period than sixteen consecutive hours and whenever
any such employee o f such railway company shall have been con
tinuously on duty for sixteen hours he shall be relieved and not
required or permitted again to go on duty until he has had at least
ten consecutive hours off duty; and no such employee who has
been on duty sixteen hours in the aggregate in any twenty-fourRest.
hour period shall be required or permitted to continue or again
go on duty without having had at least eight consecutive hours
Provisos.
off duty: Provided, however, That the provisions o f this act
shall not apply in cases o f casualty or unavoidable accident or the
act o f God; nor where the delay was the result o f a cause not
known to tlie railway company or its officer or agent in charge o f
such employee at the time such employee left a terminal point
and which could not have been foreseen: Provided further, That
the provisions o f this act shall not apply to the time necessary
for train crews to take passenger trains and freight trains loaded
with live stock or perishable freight to the next nearest division
point, nor shall it apply to the time necessary for trainmen to
reach a resting place when an accident, wreck, washout, snow
blockade or other unavoidable cause has delayed their tra in :
Provided further, That the provisions of this act shall not apply
to employees o f sleeping car companies nor to crews o f wrecking
or relief trains.
Violations.
Sec. 2. That such railway company or any superintendent, train
master, train dispatcher, yardmaster, or other official or agent o f
any railway company in the State o f New Mexico requiring or per
mitting any such employee to go, be or remain on duty in violation
o f section 1 o f the act, shall be liable to a penalty o f not to exceed
five hundred dollars for each and every such violation to be recov
ered in a suit or suits to be brought by the district attorney in the
district court o f the district where such violation was committed:
Enforcement. It shall be the duty of the district attorney to bring such suits upon
satisfactory information being lodged with him and when so re
quested to withhold the name of the person furnishing such infor
mation ; but no such suit shall be brought after the expiration of
one year from the date o f such violation.
It shall be the duty o f the State corporation commission to
lodge with the proper district attorneys information of any such
violations as may come to its knowledge.
In all prosecutions under this act the railway company shall be
deemed to have had knowledge o f all acts o f all its officers or
agents.
In case o f the failure of any district attorney to bring such
suit within a reasonable time after information shall have been
lodged with him, by the State corporation commission or any
other person, of any violation o f the provisions o f this act, it
Sixteen-hour
LABOR LAWS----NEW MEXICO— ACTS OF 1912.
1443
shall be tlie duty of the attorney general upon being informed of
such fact to cause such prosecution to be commenced.
C hapter
63.— Protection of employees as voters.
Section 2. Every officer or agent of any corporation, company
Discharging
or association and every individual having under his control or in or threatening
his employ any persons entitled to vote at any election who shall
ag*
directly or indirectly discharge or threaten to discharge any such
employee on account o f his political opinions or belief, or who
shall, by any corrupt or unlawful means, procure or attempt to
procure or induce any such employee to vote or refrain from vot
ing for any candidate, party ticket, proposition, question or con
stitutional amendment at any election shall, upon conviction
thereof, be punished by fine o f not less than one hundred nor
more than one thousand dollars or by imprisonment for not more
than six months or both such fine and imprisonment.
Sec. 3. It shall be unlawful for any corporation organized or
Bribery,
doing business under or by virtue o f the laws o f this S tate,threats* etcdirectly or indirectly, by or through any o f its officers or agents, or
any other person, to influence or attempt to influence the vote of
any voter at any election by the unlawful use o f money belong
ing to such corporation, or by discharging or threatening to dis
charge any employee o f such corporation on account o f his politi
cal opinions or belief, or by any corrupt and unlawful means what
soever to induce or persuade any employee or other person entitled
to vote at any election to vote or refrain from voting for any can
didate, party ticket, proposition, question or constitutional amend
ment. Any violation o f the provisions o f this section by a cor
poration shall be punished by a fine o f not less than one hundred
nor more than one thousand dollars, and any person by or through,
whom such act is committed shall be punished by fine not exceed
ing one hundred dollars or by imprisonment not exceeding six
months, or by both such fine and imprisonment.
C h apter
73.— Toting by employees absent from home— Railroad
employees .
S e c t i o n 1. It shall be lawful for any railroad employee, who
Votingin
is a qualified elector o f the State o f New Mexico, who shall, on any Precinc •
the occurrence o f any election provided by law, necessarily be
absent from the precinct and county in which he is a qualified
elector, because the duties o f his occupation require him to be
elsewhere within the State, to vote for county, district or State
officers, members o f the legislature, members o f Congress and
electors o f President and Vice President o f the United States in
any voting precinct in any county o f the State o f New Mexico
where he may present himself for that purpose on the day of
such election under the regulations hereinafter provided.
Sec. 2. The voter so desiring to vote may present himself at
to
the polls in any precinct o f any county o f the State o f New Mexico
where he may be on such election day, during voting hours, and
upon presentation of a certificate, duly signed by one or more
members o f the board o f registration o f the precinct of the county
of which said person is a resident and qualified voter, setting
forth the fact that said person is duly registered in such precinct
and is a qualified voter o f such precinct, according to law, and has
made oath that he must on account o f the duties of his occupa
tion be absent from such precinct on election day, may cast his
ballot for the officers and candidates specified in section 1 hereof.
Sec. 3. It shall be the duties o f the judges o f election o f such arJp ^ l i o t t o
precinct where said person presents himself, as hereinbefore be mailed,
stated, to receive said certificate together with the ballot cast by
said person, pin the two together and securely seal the same in a
Stamped envelope, properly addressed, and mail the same to the
county clerk of the county where such voter is a qualified elector
not later than the third day after such election.
1444
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Row vote is
regarded.
B a l l o t
corded.
re-
F a lse sw ear-
insC e r tific a te s
nished
8
V io la tio n s.
Sec. 4. Upon compliance with, the provisions of the preceding
three sections, said voter shall be considered as offering to vote,
and voting, in the precinct of which he is a qualified voter.
gEc. 5. The county clerk o f the county in which said absent
voter resides, upon receipt o f said ballot, shall safely keep and
preserve the same in his office until the board o f canvassers shall
canvass the vote according to law, at which time the said board
o f canvassers, in the presence o f said county clerk, shall record
the said ballot upon the poll sheet o f the proper precinct or ward
in their possession, in the same manner as clerks o f election
record votes, and in so canvassing said vote, the board o f can
vassers shall count the votes of all absent voters received, as
herein provided, and add the same to the total of the poll sheet, in
arriving at the total results o f the election in the precinct or ward
where said voters live.
Sec. 6. I f any person shall willfully swear falsely to the affidavit
herein provided for, he shall upon conviction thereof be deemed
guilty o f perjury, and be punished as in such cases provided by
law.
Sec. 7. It shall be the duty of the county clerk of each county
to furnish to each and every person applying therefor a certificate
of the class prescribed in section 2 hereof, and in addition thereto,
within forty-eight hours prior to election day, shall furnish such
person with a proper ballot.
Sec. 8. I f the officers o f election permit any person to vote as
herein provided without receiving the certificate provided for, or
shall neglect or refuse to perform any o f the duties prescribed by
this act, they shall upon conviction thereof be deemed guilty o f
a, misdemeanor and be fined not exceeding $100. I f any county
clerk, or any member of any board o f registration, or any member
o f the board o f canvassers shall neglect or refuse to perform any
of his duties prescribed by this act, or shall violate any o f the
provisions o f this act, or shall reveal or divulge any o f the details
o f any ballot herein provided, he shall upon conviction thereof, be
adjudged guilty of a misdemeanor, and be punished by a fine not
exceeding $100.
74.— GmmisJiment o f toages— Suing outside State.
1. In all cases in which the owner o f any matured claim
for money due, or any subsequent assignee thereof, shall bring
suit thereon in any court outside o f the State of New Mexico
wherein the original creditor and debtor were both residents o f
this State at the time of making the contract and are such resi
dents at the time of the filing o f the suit above mentioned, and
wherein service is sought to be obtained upon the defendant
debtor by the garnishment of the personal earnings o f defendant
due him from any person, partnership or corporation upon which
of service o f the garnishment summons could at the time have been
obtained by bringing the action in the county wherein the debtor
resides, the original owner o f said claim, or any o f his subsequent
assignees aforesaid, or all of them severally or jointly shall be
liable in damages to the debtor so sued without this State in the
following items:
1. A reasonable attorney fee paid for defending or compromising
said suit.
2. The reasonable expense of all trips to said foreign State to
defend or compromise said action, including board, lodging and
transportation o f the debtor, his witnesses and attorney.
3. Five dollars per day for the actual number o f days neces
sarily spent in defending or compromising said suit.
4. I f the debtor be successful in the action for damage hereby
authorized, then a reasonable attorney fee for the prosecution of
the suit, to be assessed with the costs by the court and collected
as part o f the judgment and costa
5. An amount which the court or jury find the debtor would
have been entitled to have had released from garnishment had the
suit in the foreign court been brought in a court within the State
C hapter
S u it
ou tside
state*
L ia b ility
creditor.
S e c t io n
LABOR LAWS— NEW MEXICO— ACTS OF 1912.
144 5
of New Mexico, and the issue of exemption been tried according
to the law of New Mexico, had the plaintiff by counter affidavit
denied that there was any o f the garnished [garnisheed] earn
ings exempt by the laws of New Mexico.
The release of garnishment for any reason shall not abate the
right of action for damages above created.
C h a p te r
SO.—
Mine regulations—Inspector.
S e c t i o n 1. The State engineer, the governor and the president
Examiners,
of the school o f mines shall constitute a board o f examiners, who
shall examine all applicants for appointments to the office o f Appointment
State inspector of mines as to their qualifications to hold said
office. Said board shall examine all such applicants and. the gov
ernor shall, by and with the advice and consent o f the senate,
appoint some qualified person so examined to said office.
S ec. 2. No person shall be eligible to hold said office unless he
Q u a l i ficabe a citizen o f the United States, at least thirty years o f age, a t i o n s of in
resident o f New Mexico for one year next preceding his appoint-sp eors*
ment, and shall have had at least three years’ experience in the
workings of coal mines in New Mexico, and at least five years o f
practical experience in the workings o f coal mines in the United
States, and have a practical knowledge o f mining engineering, of
mine timbering, o f the different systems o f working and ventilat
ing coal mines, of the nature and properties o f noxious and poi
sonous gases of mines, and o f the methods o f dispelling the same
and guarding against explosions, and shall not be interested
financially or otherwise in any caol [coal] mine or company oper
ating any coal mine in the State.
Sec. 3. The inspector shall give bond to the State in the sum of
Bond,
three thousand dollars ($3,000), and shall receive as compensa
tion for his services the sum o f two thousand dollars ($2,000) per Salary,
annum, payable monthly, and in addition actual and- necessary
transportation and traveling expenses.
Touchers covering such expenses for each month, accompanied
by subvouchers for the items thereof whenever practical, except
ing railroad fares, shall be submitted to the State auditor by the
inspector before any account o f the inspector shall be allowed.
Sec. 4. The duties o f the inspector shall be as follows, to w it:
Duties.
He shall:
( 1 ) Make a careful and thorough inspection of every coal mine
operated in the State as often as in his opinion may be necessary.
(2) Proceed without delay to any mine within the State when
he learns of any explosion or other catastrophe therein by which
lives of men are jeopardized or in which fatalities have occurred,
and render such aid as he can in the rescue o f persons within the
mine and in the protection o f rescuers from danger.
(3) Shall give notice to the owners, operators or managers of
any coal mine wherein he shall find improper construction or that
said mine is not furnished with reasonable and proper machinery
and appliances for the safety o f miners and other employees, that
said mine is unsafe, stating in what particular the same is unsafe,
and shall require said owners, operators or managers to provide
such additional machinery, slopes, entries, means of escape, venti
lation or other appliances necessary to the safety o f miners and
other employees of said mine within a period to be named in said
notice.
(4) Shall inspect and pass upon the adequacy and safety o f all
hoisting apparatus in mines, and may demand a test o f safety
catches or clutches upon such hoisting apparatus as often as once
in every three months or whenever he may believe such hoisting
apparatus to be defective; he shall conduct said test by detach
ment of the rope or cable at a point in the shaft or above the
shaft where the cage may be arrested in its fall with as little
wreckage of property as possible if the safety catches or clutches
should prove defective.
1446
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
(5) Within six months after the passage o f this act, he shall
arrange a uniform system o f mine bell signals after consultation
with the engineers in charge o f hoisting apparatus and the opera
tors of mines within the State, and shall at once furnish a copy
o f the same to each mine owner, operator or manager within the
State.
( 6 ) Shall make an annual report to the governor on or before
the first day o f December o f each year; which said report shall
cover the preceding fiscal year and shall contain a review o f the
official acts o f the inspector; statistics o f the number o f persons
employed in and about the coal mines in the State and o f the
production and the estimated value thereof, and a resume o f the
mining conditions generally existing in the State during the said
year.
(? ) The inspector is hereby given authority at all reasonable
times to enter and inspect any coal mine in the State and the
workings and machinery belonging thereto in such manner as not
to impede or obstruct the workings o f the m ine; to make inquiry
into the state o f the mine, works and machinery thereof, the ven
tilation and mode o f lighting the same, and all matters and things
connected with and relating to the safety o f employees in and
about the mines, and especially to the end that the provisions o f
this act shall be complied with by the owners, operators or
managers thereof; to require that some person o f practical ex
perience and responsibility representing the owner, operator, or
manager shall accompany the said inspector upon such trips o f
inspection through the mine in order that the inspector may point
out and specify any defects in the mine, in the methods o f mining
and in the equipment and construction thereof, which defects may
violate any o f the provisions o f this act.
And to require that the owner, operator or manager shall at
all times furnish means necessary for such entry, inspection,
examination and inquiry.
The inspector shall make an entry o f record in his office of the
time and material circumstances of each inspection.
( 8)
Every owner, operator or manager o f any such mine shall
have a right o f appeal to the district court in the county wherein
such mine is situated, as to tlie necessity or reasonableness o f the
order or requirements o f the inspector under any o f the provisions
o f this act.
inspector to
Sec. 5. Every owner, agent, manager or lessee o f any coal mine
be admitted. jn
gtate shall admit the inspector for the purpose o f making
examination and inspection, provided for in this act. Any owner,
agent, operator, manager or lessee who shall refuse to allow such
inspection to be made shall, upon conviction, be deemed guilty o f
a misdemeanor, and shall be fined in a sum not less than fifty
dollars nor more than five hundred dollars, or by imprisonment
not less than one nor more than three months, or by both such
fine and imprisonment.
Escape shafts.
Sec. 6. (1 ) In all coal mines, the owner, lessee, manager or
operator shall provide at least two shafts, slopes or other outlets
separated by natural strata o f not less than fifty feet in breadth,
by which shafts, slopes or outlets, distinct means o f ingress or
egress shall always be available to the employees in said mine;
and in no case shall a furnace shaft be deemed an escape shaft.
Stairways.
(2) In all coal mines operated by shafts, a safe and stable
stairway shall be provided by the owner, lessee, manager or
operator and placed in the second opening or escape shaft, which
stairway shall be set at an angle not greater than fifty degrees,
shall not be less than two and one-half feet wide at the clear, shall
have a substantial handrail throughout its entire length with sta
tions not more than thirty feet apart, each station having a sub
stantial platform or landing at least three and one-half feet wide
and five feet in length: Provided, That in no instance shall a
ladder way be considered as a compliance with the foregoing’
requirements.
LABOR LAWS— NEW MEXICO— ACTS OF 1912.
1447
(3) Reasonable care shall be used by every owner, operator, Cages,
manager or lessee to provide safety catch or clutch and a good
and substantial iron bonnet or overhead cover on every cage,
used in lowering or hoisting persons, in every shaft operated in
mines in the State.
(4) All machinery or appliances used for transportation o f Safety appiipersons in said mines shall be provided with adequate safety ances*
appliances and shall be inspected at regular intervals by com
petent persons for that purpose, appointed by the owner, lessee,
operator or manager o f the mine.
(5) Every shaft, slope or drift opening used for an escapeway Weekly in from coal mines, shall be traversed throughout its entire depth spections.
or length and regularly and carefully inspected by a competent
employee designated by the owner, lessee or operator fo r that
purpose once a week, which said employee shall report upon the
condition o f such escapeway, and shall make a record o f such in
spection, which record shall show the date o f each inspection and
the condition o f the escapeway, inspected, which said record shall
at all times be open to the inspector.
(6 ) Every operator o f any coal mine which shall have attained Ventilation,
a distance o f one hundred feet in depth o f shaft or length o f
slope, entry or drift from the surface, or from the bottom o f the
shaft, shall use all reasonable means to provide an adequate
amount o f ventilation o f not less than one hundred cubic feet o f
pure air per minute for each person at work in said mine and not
less than three hundred cubic feet o f pure air per minute for each
mule, horse or burro used in said mine, and to cause such air to
be forced by proper appliances through said mine to the face o f
each and every working place in such a manner as to render
harmless and expell [sic] therefrom all dangerous or poisonous
gases; and shall use reasonable care at all times to keep all work
ings in operation in said mine free from standing gas.
(7) At least four safety lamps, four electric hand lamps and Rescue appa<
four masks or helmets provided with a supply o f oxygen or air ratus.
sufficient to sustain respiration for the user thereof for at least
one hour, shall be kept for rescue work by each company or operator at every coal-mining camp where twenty-five or more men
are employed.
( 8 ) Every fan hereafter erected or constructed at any coal
Fans,
mine must be placed at least twenty feet distant from the side
or mouth o f the shaft entry or slope with which it is connected
for ventilation purposes, and shall be as much as possible o f fire>
proof construction; and explosion doors shall be provided in a
direct line with the mine opening.
(9) In each coal mine which vents gas, which, in combination Fire bosses,
with air, will induce or maintain an explosive condition, it shall
be the duty o f the operator to keep constantly employed one or
more experienced men whose duty it shall be to act as fire bosses,
whose duties it shall be to carefully inspect all working places in
said mine by making tests for gas with a safety lamp within three
hours before each working shift enters said mine and to make a
written record o f the conditions in the mine after each examina
tion, in a book to be kept for that purpose; said fire bosses shall
mark with chalk on the face o f the room his initials and the date
and hour o f the examination as proof to the miner that his work
ing place has been examined. Any fire boss discovering standing
gas in any workings or openings in any coal mine, shall immedi
ately place a danger sign at the entrance o f the place where such
standing gas is found and at such distance therefrom as would
give timely warning to any person carrying an open light. Said
fire boss or gas watchman shall then proceed with and complete
his examination o f said mine, placing like signs before each work
ing place where standing gas is found; and thereupon shall pro
ceed to take the necessary steps to improve the ventilation and
remove standing gas wherever found.
(10) In like manner and within the same time before any Abandonee!
shift enters the mine, the fire boss shall examine all ac- w mss>
working
1448
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Precautions cessible gobs and abandoned workings in said mine which there
as to fire.
js reason to believe might accumulate gas in dangerous quantities.
Naked lights shall not be used in any ventilating district between
the place where safety lamps are necessary to be used and outside
opening o f the return airway. The owner, operator or manager
o f every coal mine shall use reasonable care to provide that all
brattice cloth used shall be fireproof cloth, and that doors therein
shall be made as fireproof as possible by painting with fireproof
paint or covering with m etal; that rags or other inflammable ma
terial shall not be used to stop leaks; that doors must be hung in
such a manner as to close automatically; and that all overcasts
constructed after the passage o f this act shall be of stone or other
fireproof material.
Timbers.
(11) It shall be the duty o f the operator, owner or manager of
every coal mine to provide an ample supply o f timbers and to
cause the same to be delivered on the pit car, at the request o f the
miners, as near as practicable to the places where the same are to
be used. The operator shall not store or knowingly permit to be
stored any powder or other explosive in any coal mine, nor know
ingly permit to be taken into any coal mine powder or other explo
sive in a greater quantity than may be required for use in one
shift, unless such quantity be less than five pounds, and shall not
knowingly permit black powder or powder not in cartridge form
to be carried into the mine, except in metallic canisters, unless
such powder is to be distributed by the shot inspector or used by
the shot firer.
illuminating
(12) The operator shall not knowingly permit to be used for
oililluminating purposes in any coal mine any oils other than pure
animal or vegetable oils or other oils as free from smoke as a
pure animal or vegetable o il: Provided, however, That any mate
rial as free from smoke and bad odor and o f equal merit as an
illuminant as a pure vegetable oil, may be used.
Accidents to
(13) It shall be the duty o f the operator o f any mine in the
be reported.
event o f a fatal accident occurring therein, to at once make a
brief report of the same by telegraph or telephone to the inspec
tor; and within ten days thereafter it shall be his duty to make
and transmit a full and complete report in writing to the inspector
o f any such accident. It shall also be the duty o f the operator to
keep a complete record o f all accidents which may occur in the
mine operated by him at said mine, to which record the inspector
shall have access.
c o m petent
(14) It shall be the duty o f the operator to exercise reasonable
Dioved0
em care *° employ experienced, competent and sober men as shot
p
’
firers, fire bosses, and engineers in charge of hoisting apparatus
or engines, or in charge o f explosives.
T e l e phone ( 1 5 ) it shall be the duty o f the operator to install and maintain
system.
a telephone system in every coal mine to such extent as may be
reasonably required for the operation thereof.
Cars on in(16) i t shall be tlie duty o f the operator of every coal mine to
clinessupply at least two drags for each rope trip in all inclines and
slopes to be attached to the rear end o f the hind car, ascending
such inclines or slopes, for the purpose of derailing the car in case
the rope or couplings should break or any car become detached.
Shot firers.
(17) It shall be the duty o f any operator of any coal mine
employing twenty or more miners to employ shot firers to fire the
shots therein, except where some approved mechanical or electric
shot-firing device is used; said shots shall be fired between work
ing shifts, when all miners and other employees, except shot firers
and employees doing repair work, shall be out o f the mine. When
the miners are allowed to load and tamp the holes, the operator
shall provide tamping consisting o f some incombustible substance,
which shall be delivered to points convenient to working places.
Refuge holes.
(18) It shall be the duty of the operator o f every coal mine
where traveling roads are not provided and wherever workmen are
compelled to travt‘1 tlie haulage road in the course o f their ordi
LABOR LAWS----NEW MEXICO----ACTS OF 1912.
1449
nary duties, to provide a clear space, two feet in width, on one
side o f such haulage w a y [;] or where such clear space is not
provided he shall provide refuge holes, six feet in height, four feet
in width and three fet [feet] in depth, on one or both sides along
such haulage ways at intervals o f not more than one hundred feet
apart, and said refuge holes shall be kept whitewashed or painted
white so as to be easily distinguished from the rib adjacent
thereto; said operator shall also maintain similar refuge holes on
main slope haulage ways.
(19) When a uniform code o f mine bell signals has; been ar- # Code of bell
ranged by the mine inspector as provided by this act, a copy o f &
isnalssuch code o f signals shall be maintained in each hoisting engine
house in plain view o f the engineer in charge thereof and a similar
copy thereof shall be maintained at each level or entry in said
mine from which persons or coal are hoisted.
(20) Any operator o f any coal mine who shall willfully fail or violations,
.refuse to comply with any o f the provisions o f this section shall
be deemed guilty o f a misdemeanor, and upon conviction thereof,
shall be fined in a sum not less than fifty dollars nor more than
five hundred dollars, or by imprisonment for not less than one
month or more than three months, or by both such fine and
imprisonment.
S ec. 7. (1) It shall be unlawful for any miner to enter any
Acts forbidmine or part o f a mine generating explosive gas until it sh allden*
have been examined by the fire boss and by said fire boss reported
safe.
(2) It shall be unlawful for any person to brush fire damp from
any place in a coal mine by means o f a coat, brattice cloth, sack
or any article which might be used by a movement o f the same,
with arms or hands.
(3) It shall be unlawful for any person employed in or about
any coal mine wherein a traveling way is provided, to travel upon
the haulage road where rope or motor haulage is employed; except
the track walker or the track repairer or timber men when in the
performance o f work necessary upon such haulage road, and the
inspector, mino superintendent, pit boss, fire boss or other officials
in the inspection o f such roads or other necessary duties. Such
haulage road shall not be used for ordinary means o f ingress or
egress to or from the mine.
(4) It shall be unlawful fo r any person to tamp any drill hole
in any coal mine with slack coal, drill dust or other ordinarily
combustible material.
(5) It shall be unlawful for any person other than the trip or
rope rider, or his assistant or assistants, in any coal mine, to ride
on or between the cars, entering or coming out from any mine
or on or between the cars being moved within the mine, except in
case of emergency: Provided, however, That passengers may be
hauled when the engineer or person in charge of the trip has been
notified thereof.
( 6 ) It shall be the duty o f every coal miner to take down all
Dangerous
dangerous coal, slate, rock or other material in his working place, slate> etcor to make the same safe by proper timbering. It shall be unlaw
ful for any coal miner to work or remain in any unsafe or danger
ous place in a coal mine, knowing the same to be such, except for
the purpose of remedying such condition, or for any owner or
operator to require him so to do.
(7) It shall be unlawful for any person to load or ignite any
shot hole in any narrow working, in any coal mine, until such
working shall be either undermined, or cut or sheared on one
side, to the full depth o f the hole to be fired. Narrow workings
are hereby defined as entries, room necks, break-throughs or
crosscuts between entries and rooms: Provided, however, That
the provisions of this subsection shall not apply where prospect
entries or new openings are being made to determine the prac
ticability o f opening a mine.
( 8 ) It shall be unlawful for any person in any mine to wear a
pit lamp in his cap or to have an open light within five feet of
1450
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
any place where he is handling loose powder, caps or detonators,
or preparing explosive cartridges o f any kind.
Firing snots.
^
^ shall be the duty o f every shot firer in coal mines to
inspect all shot holes before igniting any shots or blasts. He
shall begin igniting the shots to be fired at such place that he
can proceed with the firing in a direction opposite from that
which the air is traveling. Whenever in his opinion any o f the
working places are too dry, dusty or otherwise dangerous, or that
the drill holes is [are] improperly placed, or that an overcharge
o f explosive is used, or that it is improperly tamped, or that the
shot hole is in any particular defective, or if in the opinion o f the
shot firer the exploding o f such shot would be a menace to him
self or other person within the mine, or would cause undue wreck
age of timbers or xiroperty, it shall be his duty to condemn such
shot or drill hole, and refuse to ignite such shot or allow it to be
ignited until such defective conditions are remedied.
Violations.
person violating any o f the provisions of this section,
shall be guilty of a misdemeanor, and upon conviction thereof
shall be punished by a fine not exceeding fifty dollars or by im
prisonment in the county jail not exceeding thirty days or by
both such fine and imprisonment.
Who may fire
Sec. 8. It shall be unlawful for any person other than a reguBhots.
larly employed shot firer to ignite any shot within a coal mine
where shot firers are employed, except in rock work entry or de
velopment work where it is not deemed necessary to employ regu
lar shot firers, or in case o f absence or inability o f the shot firer
to attend to such duty, in which event some person who is ex
perienced may be appointed by the mine boss to ignite shots.
Any person violating any o f the provisions hereof, shall, upon
conviction, be fined not less than fifty dollars nor more than five
hundred dollars, or be punished by imprisonment for not less
than thirty days nor more than two years.
I n terfering
Sec. 9. Any person who shall, by violence, abusive language or
with shot fir- innuendo, injure, humiliate or embarrass any shot firer because
of said shot firer having condemned any shot hole, shall, upon
conviction thereof be punished by a fine of not exceeding one
hundred dollars or by imprisonment for not less than thirty days
nor more than one year.
Injuring elecS ec. 10. Any person who shall willfully remove, break or deances a p p
stroy any electric light bulb which is installed and in use, or to
be used in or about any mine in the State, or shall cut, detach
or in any manner interfere with any electric light or electric wire
in any such mine without consent of the operator or person in
charge shall be deemed guilty of a misdemeanor and upon con
viction thereof shall be punihsed [punished] by a fine o f not more
than one hundred dollars, or by imprisonment for not more than
six months, or by both such fine and imprisonment.
Da ma g i n g
gEc. 11. Any person who shall willfully obstruct or do any act
apparatus.
which may interfere with the free passage of air through any
ventilation circuit, or who shall willfully remove, break, destroy
or damage any apparatus or equipment in or about any mine used
lo r ventilation purposes, without consent o f the person in charge
o f said mine, or any person who shall willfully remove, break,
destroy, damage or otherwise molest any mine equipment for
whatever purpose used in or about any mine, or impede the op
eration thereof, without consent o f the person in charge o f said
mine, shall be deemed guilty of a misdemeanor, and upon con
viction thereof, shall be punished by a fine o f not more than one
(hundred dollars, or by imprisonment for not more than one year,
or by both such fine and imprisonment.
Setting fire
S ec. 12. Any person who shall willfully set on fire or ignite or
to bu ildin gs, cause to be set on fire or ignited any building, equipment or anye c*
thing whatsoever at or within any mine when any person is
present in such mine at the time, shall be deemed guilty o f a
felony, and upon conviction thereof, shall be imprisoned for not
less than five years nor more than twenty-five years: Provided,
however, That if the life o f any person be lost through the ignition
.
LABOR LAWS----NEW MEXICO----ACTS OF 1912.
or causing to be ignited of any such building, equipment or other
thing as in this section provided, the person setting or causing to
be set such fire shall be deemed guilty o f murder in the first de
gree, and shall be dealt with according to the law at the time in
force prescribing the penalty for such offense.
Sec. 13. The State shall provide for the use o f the mine in
spector a suitable office with fuel and light, provided with neces
sary furniture, fixtures, files and supplies for properly conducting
his business as herein provided; and shall further provide for the
use of the inspector an anemometer, a barometer, safety lamps
and other appliances and instruments necessarily required in the
work of mine inspector.
1451
Office, etc.
NEW YORK.
CONSTITUTION.
A rticle 1.—Labor
organizations—Provisions of
Compensation fo r injuries.
constitution—
S ection 19 (adopted 1913). Nothing contained in this constituSafety laws,
tion shall be construed to limit the power o f the legislature to
enact laws for the protection o f the lives, health, or safety of
employees; or for the payment, either by employers, or by em
ployers and employees or otherwise, either directly or through
a State or other system o f insurance or otherwise, o f compensa- Compensation
tion for injuries to employees or for death o f employees resulting systemfrom such injuries without regard to fault as a cause thereof,
except where the injury is occasioned by the willful intention o f
the injured employee to bring about the injury or death o f him
self or o f another, or where the injury results solely from the
intoxication of the injured employee while on duty; or fo r the ad
justment, determination and settlement, with or without trial by
jury, of issues which may arise under such legislation; or to
provide that the right o f such compensation, and the remedy E x c l u s i v e
therefor shall be exclusive o f all other rights and remedies f 0r remedyinjuries to employees or for death resulting from such injuries;
or to provide that the amount o f such compensation for death
shall not exceed a fixed or determinable sum: Provided, That all
moneys paid by an employer to his employees or their legal rep
resentatives, by reason o f the enactment o f any of the laws
herein authorized, shall be held to be a proper charge in the cost
of operating the business of the employer.
A rticle 12.— Employment of labor on publie works.
S ection 1 (as amended, 1905). * * * the legislature may rower to fix
regulate and fix the wages or salaries, the hours o f work or labor, wages, hours of
and make provision for the protection, welfare and safety o f labor> etc*
persons employed by the State or by any county, city, town, village
or other civil division o f the State, or by any contractor or sub
contractor performing work, labor or services for the State, or
for any county, city, town, village or other civil division thereof.
CONSOLIDATED LAWS— 1909.
C hapter 3.—Labor organizations—Joint Corporations.
Section 7. * * * any number o f trades-unions, trades asUnions may
semblies, trades associations or labor organizations, * * * ^nJte to form
may unite in forming a corporation for the purpose o f acquiring, C0rp°rat1011,
constructing, maintaining and managing a hall, temple or other
building, or a home for the aged and indigent members o f such objects,
order and their dependent widows and orphans, and o f creating,
collecting, and maintaining a library for the use of the bodies
uniting to form such corporation. * * *
C hapter 7.— Civil service—Labor . service.
S ection 12. The offices and positions in the classified service Classification,
o f the State or of any civil division or city thereof for which civil
service rules shall be established pursuant to this chapter, shall
be arranged in four classes to be designated as the exempt class,
http://fraser.stlouisfed.org/
1453
Federal Reserve Bank of St. Louis
1454
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
tlie competitive class, the noncompetitive class and, in cities, the
labor class.
classf exemp
S ec. 13. The following positions shall be included in the ex
empt class:
*
*
*
*
*
4.
In the State service, all unskilled laborers and such skilled
laborers as are not included in the competitive class or the non
competitive class; * * ♦ Appointments to positions in the
exempt class may be made without examination.
Labor class.
gE #
C
iat>or class in cities shall include unskilled labor
ers and such skilled laborers as are not included in the com
petitive class or the noncompetitive class. Vacancies in the labor
class in cities shall be filled by appointment from lists o f appli
cants registered by the municipal commissions. Preference in
employment from such lists shall be given according to date o f
application. There shall be separate lists o f applicants for d if
ferent kinds o f labor or employment, and the commissions may
establish separate labor lists for various institutions and depart
ments. Where the labor service o f any department or institution
extends to separate localities, the commissions may provide sepa
rate registration lists for each district or locality. The commis
sions shall require an applicant for registration for the labor serv
ice to furnish such evidence or pass such examination as they
may deem proper with respect to his age, residence, physical con
dition, ability to labor, skill, capacity and experience in the trade
or employment for which he applies.
C hapter 12.— Wages as preferred claims—In assignments.
paW a
firstt0
S ection 27. In all distribution o f assets under all assignments
made in pursuance o f this article, the wages or salaries actually
owing to the employees o f the assignor or assignors at the time of
the execution o f the assignment for services rendered within one
year prior to the execution of the assignment, shall be preferred
before any other debt; and should the assets o f the assignor or
assignors not be sufficient to pay in full all the claims preferred,
pursuant to this section, they shall be applied to the payment of
the same pro rata to the amount o f each such claim.
This statute is constitutional. 104 N. Y. G G
O.
It creates a prior lien in favor of wage claimants coming within its
provisions on any fund in the hands of the assignee produced from the
assigned property. 117 Fed. 688.
It is not restricted to employees in service at time of assignment, but
covers all wages due at that time. 42 N. E. 1079.
Assignments are controlled by this statute so that the preference of
debts due employees need not be expressed therein. 39 Hun 537.
The claimant’s right is not lost by accepting a note for the amount due.
46 Hun 114.
But if such note has been negotiated, the claim which it represents is
no longer entitled to preference. 57 Hun 490.
C h apter
14.—Earnings of minors.
iPorsmeivalid0 Section 72. Where a minor is in the employment of a person
when.
*other than his parent or guardian, payment to such minor o f his
wages is valid, unless such parent or guardian notify the employer
in writing, within thirty days after the commencement o f such
service, that such wages are claimed by such parent or guardian,
but whenever such notice is given at any time payments to the
minor shall not be valid for services rendered thereafter.
C hapter 16 (as amended by chapter 140, Acts o f 1910).— Employ
ment o f children— Vocational schools— School attendance.
establish ^oclSection 600 (as amended by chapter 747, Acts o f 1913). The
tionai schools, board o f education o f any city, and in a city not having a board
of education the officer having the management and supervision
of the public school system, may establish, acquire, conduct and
maintain as a part of the public school system o f such city the
follow ing:
LABOR LAWS----NEW YORK----CONSOLIDATED LAWS---- 1909.
1455
1. General industrial schools open to pupils who have completed
the elementary school course or who have attained the age of
fourteen years, and
2. Trade schools *open to pupils who have attained the age o f
sixteen years and have completed either the elementary school
course or a course in the above-mentioned general industrial
school or who have met such other requirements as the local
school authorities may have prescribed; and
3. Schools o f agriculture, mechanic arts and home making, open
to pupils who have completed the elementary school course or who
have attained the age o f fourteen, or who have met such other
requirements as the local school authorities may have prescribed;
and
4. Part time or continuation schools in which instruction shall
be given in the trades and in industrial, agricultural and home
making subjects, and which shall be open to pupils over fourteen
years o f age who are regularly and lawfully employed during a
part of the day in any useful employment or service, which sub
jects shall be supplementary to the practical work carried on in
such employment or service.
5. Evening vocational schools in which instruction shall be
given in the trades and in industrial, agricultural and home-making subjects, and which shall be open to pupils over sixteen
years o f age, who are regularly and lawfully employed during
the day and which provide instruction in subjects related to the
practical work carried on in such employment; but such evening
vocational schools providing instruction in home making shall
be open to all women over sixteen years o f age who are employed
in any capacity during the day.
The word “ school,” as used in this article, shall include any
department or course o f instruction established and maintained in
a public school for any o f the purposes specified in this section.
S ec. 601 (as amended by chapter 747, Acts o f 1913). The board
Districts,
o f education o f any union free school district shall also establish,
acquire and maintain such schools for like purposes whenever
such schools shall be authorized by a district meeting. The
trustee or board o f trustees of a common school district may estab
lish a school or a course in agriculture, mechanic arts and home
making, when authorized by a district meeting.
Sec. 621 (as amended by chapter 511, Acts o f 1913). 3. Every S c h o o l atchild within the compulsory school ages, in proper physical
re"
mental condition to attend school, residing in a city or school district having a population o f five thousand or more and employing
a superintendent o f schools, shall regularly attend upon instruction
as follow s:
(a ) Each child between seven and fourteen years o f age shall
attend the entire time during which the school attended is in
session, which period shall not be less than one hundred and sixty
days o f actual school.
(b ) Each child between fourteen and sixteen years o f age not
regularly and lawfully engaged in any useful employment or serv
ice, and to whom an employment certificate has not been duly
issued under the provisions o f the labor law, shall so attend the
entire time during which the school attended is in session.
2.
Every such child, residing elsewhere than in a city or school
district having a population o f five thousand or more and employ
ing a superintendent o f schools, shall attend upon instruction
during the entire time that the school in the district shall be in
session as follow s:
(a) Each child between eight and fourteen years o f age.
(b ) Each child between fourteen and sixteen years o f age not
regularly and lawfully engaged in any useful employment or
service.
S ec. 622 (as amended by chapter 748, Acts o f 1913). 1. Every Who to .atboy between fourteen and sixteen years o f age, in a city o f t h e g ^ ol|venins
first class or a city o f the second class in possession o f an employ
ment certificate duly issued under the provisions o f the labor law,
1456
BULLETIN' OF THE BUREAU OF LABOR STATISTICS.
who has not completed such course of study as is required for
graduation from the elementary public schools o f such city, and
who does not hold either a' certificate o f graduation from the
public elementary school or the preacademic certificate issued by
the regents or the certificate of the completion o f an elementary
course issued by the education department, shall attend the public
evening schools o f such city, or other evening schools offering an
equivalent course o f instruction, for not less than six hours each
week, for a period o f not less than sixteen weeks.
Continuation 2 . When the board of education in a city or district shall have
schools.
established part-time and continuation schools or courses o f
instruction for the education of young persons between fourteen
and sixteen years o f age who are regularly employed in such city
or district, said board of education may require the attendance in
such schools or on such courses of instruction o f any young person
in such a city or district who is in possession of an employment
certificate duly issued under the provisions o f the labor law, who
has not completed such courses o f study as are required for
graduation from the elementary public schools o f such city or dis
trict, or equivalent courses o f study in parochial or other elemen
tary schools, who does not hold either a certificate o f graduation
from the public elementary school or a preacademic certificate o f
the completion o f the elementary course issued by the education
department, and who is not otherwise receiving instruction ap
proved by the board o f education as equivalent to that provided
for in the schools and courses o f instruction established under the
provisions of this act. The required attendance provided for in
this paragraph shall be for a total o f not less than thirty-six
weeks per year, at the rate o f not less than four and not more
than eight hours per week, and shall be between the hours o f
eight o’clock in the morning and five o’clock in the afternoon o f
any working day or days.
3.
The children attending such part-time or continuation schools
as required in paragraph two of this section shall be exempt from
the attendance on evening schools required in paragraph one of
this section.
Attendance gE > 624. Every person in parental relation to a child within the
C
der 16.
U compulsory school ages and in proper physical and mental con
U
dition to attend school, shall cause such child to attend upon in
struction, as follow s:
1. In cities and school districts having a population o f five
thousand or above, every child between seven and sixteen years
o f age as required by section six hundred and twenty-one o f this
act unless an employment certificate shall have been duly issued
to such child under the provisions of the labor law and he is regu
larly employed thereunder.
2. Elsewhere than in a city or school district having a popula
tion of five thousand or above, every child between eight and
sixteen years o f age, unless such child shall have received an em
ployment certificate duly issued under the provisions of the labor
law and is regularly employed thereunder in a factory or mer
cantile establishment, business or telegraph office, restaurant,
hotel, apartment house or in the distribution or transmission of
merchandise or messages, or unless such child shall have received
the school record certificate issued under section six hundred and
thirty o f this act and is regularly employed elsewhere than in
the factory or mercantile establishment, business or telegraph
office, restaurant, hotel, apartment house or in the distribution
or transmission o f merchandise or messages.
Violations.
Sec. G25. A violation o f section six hundred and twenty-four
shall be a misdemeanor, punishable for the first offense by a fine
not exceeding five dollars, or five days’ imprisonment, and for each
subsequent offense by a fine not exceeding fifty dollars, or by im
prisonment not exceeding thirty days, or by both such fine and
imprisonment. Courts o f special session[s] and police magis
trates shall, subject to removal as provided in sections fifty-seven
and fifty-eight o f the Code o f Criminal Procedure, have exclusive
LABOR LAWS----NEW YORK---- CONSOLIDATED LAWS----1909.
1457
jurisdiction in the first instance to hear, try and determine
charges o f violations of this section within their respective juris
dictions.
Sec. 626. It shall be unlawful for any person, firm or corpora- Unlawful emtion :
ployments.
1. To employe [employ] any child under fourteen years o f age,
in any business or service whatever, for any part o f the term
during which the public schools o f the district or city in which
the child resides are in session.
2. To employ, elsewhere than in a city o f the first class or a
city o f the second class, in a factory or mercantile establishment,
business or telegraph office, restaurant, hotel, apartment housa
or in the distribution or transmission of merchandise or messages,
any child between fourteen and sixteen years o f age who does not
at the time o f such employment present an employment certifi
cate duly issued under the provisions o f the labor law, or to em
ploy any such child in any other capacity who does not at the
time o f such employment present a school-record certificate as
provided in section six hundred and thirty o f this chapter.
3. To employ any child between fourteen and sixteen years of
age in a city o f the first class or a city o f the second class who
does not, at the time o f such employment, present an employment
certificate, duly issued under the provisions of the labor law.
Sec. 627 (as amended by chapter 748, Acts o f 1913). The em- Certificatesu
ployer o f any child between fourteen and sixteen years o f a g e be displayedin a city or district shall keep and shall display in the place
where such child is employed, the employment certificate and
also his evening, part-time or continuation school certificate issued
by the school authorities o f said city or district or by an au
thorized representative of such school authorities, certifying that
the said child is regularly in attendance at an evening, part-time
or continuance [continuation] school of said city as provided in
section six hundred and thirty-one of this chapter.
Sec. 628 (as amended by chapter 748, Acts o f 1913). Any per- violation,
son, firm, or corporation, or any officer, manager, superintend
ent or employee acting therefor, who shall employ any child con
trary to the provisions o f sections six hundred and twenty-six and
six hundred and twenty-seven hereof shall be guilty of a misde
meanor, and the punishment therefor shall be for the first offense
a fine o f not less than twenty dollars nor more than fifty dollars;
for a second and each subsequent offense, a fine o f not less than
fifty dollars nor more than two hundred dollars.
Sec. 630 (as amended by chapter 101, Acts o f 1913). 1. A School-record
school-record certificate shall contain a statement certifying th a tcer 1 ca es*
a child has regularly attended the public schools, or schools
equivalent thereto, or parochial schools, for not less than one
hundred and thirty days during the twelve months next preced
ing his fourteenth birthday or during the twelve months next
preceding his application for such school record, and that he is
able to read and write simple sentences in the English language
and has received during such period instruction in reading, writ
ing, spelling, English grammar and geography and is familiar
with the fundamental operations o f arithmetic up to and includ
ing fractions, and has completed the work prescribed for the first
six years o f the public elementary school, or school equivalent
thereto, or parochial school, from which such school record is
issued. Such record shall also give the date o f birth and resi
dence o f the child, as shown on the school records, and the
name o f the child’s parents, guardian or custodian.
2.
A teacher or superintendent to whom application shall b e . W h o m ay
made for a school-record certificate required under the provisionsissue*
of the labor law shall issue a school-record certificate to any child
who, after due investigation and examination, may be found to
be entitled to the same as follow s:
a.
In a city of the first class by the principal or chief executive
o f a school.
39387°— Bull. 148, pt 2—14------ 16
1458
BULLETIN OP THE BUREAU OF LABOR STATISTICS.
b. In all other cities and in school districts having a population
of five thousand or more and employing a superintendent of
schools, by the superintendent o f schools only.
c. In all other school districts by the principal teacher o f the
school.
d. In each city or school district such certificate shall be fur
nished on demand to a child entitled thereto or to the board or
commissioner o f health.
Evening and
gEa 031 ( ag amended by chapter 748, Acts o f 1913). The
school1 certiS school authorities in a city or district, or officers designated by
1
cates.
them, are hereby required to issue to each child lawfully in at
tendance at an evening, part-time 01* continuation school, an
evening, part-time or continuation school certificate at least once
in each month during the months said evening, part-time or con
tinuation school is in session and at the close o f the term o f said
evening, part-time or continuation school: Provided, That said
child has been in attendance upon said evening school, for not less
than six hours each week or upon said part-time or continuation
school for not less than four hours each week, for such number
o f weeks as will, when taken in connection with the number of
weeks such evening, part-time or continuation school respectively,
shall be in session during the remainder o f the current or calen
dar year, make up a total attendance on the part o f said child in
said evening school, o f not less than six hours per week for a
period of not less than sixteen weeks or in said part-time or con
tinuation school, of not less than four hours per week for a period
o f not less than thirty-six weeks. Such certificate shall state
fully the period o f time which the child to whom it is issued was
in attendance upon such evening, part-time or continuation school.
Sec. 633.
Po w e r s of
truant officers,
*
*
*
3. A truant officer in the performance o f his duties may enter,
business hours, any factory, mercantile or other establish
ment wT
ithin the city or school district in which he is appointed
and shall be entitled to examine employment certificates or regis
try of children employed therein on demand.
d u r in g
Interference
Sec. 634. Any person interfering with an attendance officer in
with truant of- the lawful discharge o f his duties and any person owning or
*
*
operating a factory, mercantile or other establishment who shall
refuse on demand to exhibit to such attendance officer the regis
try of the children employed or tlie employment certificate of such
children shall be guilty of a misdemeanor.
C hapter 17.— Protection of employees as voters— Time to vote.
Two hours alSection 365. Any person entitled to vote at a general election
lowed.
iiei£ within this State, shall on the day o f such election be entitled
to absent himself from any service or employment in which he is
then engaged or employed, for a period of two hours, while the
polls of such election are open. I f such voter shall notify his
employer before the day o f such election o f such intended absence,
and if thereupon two successive hours for such absence shall be
designated by the employer, and such absence shall be during
such designated hours, or if the employer upon the day o f such
notice makes no designation, and such absence shall be during any
two consecutive hours while such polls are open, no deduction
shall be made from tlie usual salary or wages of such voter, and
no other penalty shall be imposed upon him by his employer by
reason of such absence. This section shall be deemed to include
all employees of municipalities.
C hapter 20.—Article 5-A (added by chapter 579, Acts o f 1913).—
Assignments of wages— Wage brokers.
Appointment
S ection 55. The office o f supervisor of small loans is hereby
of smaueioans! established. The supervisor of small loans shall be appointed by
*the governor by and with the advice and consent o f the senate.
* * * His office shall be deemed a bureau in the office o f the
LABOB LAWS— NEW YORK— CONSOLIDATED LAWS— 1909.
1459
State comptroller, and the State comptroller shall, assign to him
office space in the State comptroller’s offices at Albany and New
York for the conduct o f the business o f his office.
S ec. 56. Every person, firm or corporation engaged in or seeking
License r e to engage in the business of loaning money in sums of two hun- quired.
dred dollars or less amounts on chattel mortgage, on assignment
o f salary or wages, either earned or to be earned, or promissory
note or confession o f judgment, shall procure a license to conduct
such business from the supervisor o f small loans. Such license
shall be issued only upon written application therefor, stating
1. The name and residence o f the individual, or in case o f a
firm, the name and residence o f each of the partners, or in case
o f a corporation, the names and residences o f each officer and
director o f such corporation.
2. I f the applicant be a corporation, the date and place o f its
incorporation, and the office or offices in which its certificate of
incorporation is filed.
3. The city, town or village in which it is proposed to transact
the business and the location by street and number o f the office or
place o f business in which the business is to be conducted.
S ec. 57. A license shall not be issued under this article, unless
Bonds,
the applicant shall file with the State comptroller a bond in the
sum o f three thousand dollars, if the applicant desires to engage
in business in a city of the first or second class, and if elsewhere,
in the sum o f one thousand dollars, executed by the applicant
and by a surety company approved by the supervisor o f small
loans, conditioned for the faithful and honest conduct o f such
business by the applicant, compliance with all the provisions of
law relating thereto, and the prompt payment o f any judgment
recovered against him for which he may be liable under the
provisions o f this article.
Sec. 58. Upon the receipt of such application and the filing o f such
Issue of ll~
bond and the payment of the license fee as hereinafter provided, cense*
the supervisor o f small loans shall issue a license for the transac
tion of such business by the applicant I f the applicant be a
nonresident, or a partnership, at least one o f the members o f
which does not reside within the State, or a foreign corporation,
such license shall only be issued upon the filing by the applicant
with the supervisor o f small loans o f the designation o f a resident
agent for the transaction o f business within the State. The action
o f the supervisor o f small loans in refusing to grant or renew such
a license shall be reviewable by certiorari. After sixty days from
the date this article takes effect, no person, firm or corporation
shall conduct in this State the business of loaning money in sums
o f two hundred dollars or less on chattel mortgage, or assignment
o f salary or wages, either earned or to be earned, on promissory
notes, or on confessions of judgment, unless such license shall
have been procured and be displayed conspicuously in the place o f
business of such individual firm or corporation.
Sec. 5 [59]. Upon making application for such license, the appliFee.
cant shall pay to the State comptroller a license fee o f one hun
dred dollars, which shall be paid into the State treasury. Upon
the filing o f such application and the payment o f such fee, the
supervisor o f small loans shall issue to the applicant a license stat
ing fully the name or names o f the persons or corporation, and o f
every member o f the firm or association authorized to do business
thereunder, the location o f the office o f the corporation or place
o f business in which the business is to be conducted, and if the
licensee be a corporation, the date and place o f incorporation, the
name o f the president or other managing officer, and the name o f
its directors. Every license shall expire on the first day o f May
succeeding the date o f issue thereof, and no reduction o f fee shall
be made for a license issued for less than a year.
Sec. 59-a. No person, firm, corporation or association so licensed Place of busishall transact or solicit business under any other name or at any ness*
other office or place o f business than that named in the license.
Not more than one office or place of business shall be maintained
1460
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
under the same license, and no loan or advance shall be made at
any other place than that designated in the license. * * *
Loans.
S e c . 59-c. A person, firm or corporation, licensed under this
article, shall not make a single loan in excess o f the amount of
two hundred dollars, or more than one loan to any individual,
firm or corporation, unless, all prior loans made to such individual,
firm or corporation shall have been paid in full. At the. time a
loan is actually made, the person, firm or corporation making the
same shall deliver to the borrower a duplicate copy o f every as
signment, promissory note, chattel mortgage, confession o f judg
ment, power o f attorney or other paper or document signed by the
borrower, relating to such loan. I f this be done an assignment
o f salary or wages need not be filed with the employer or em
ployers by whom such salary or wages is to be paid. Upon the
repayment o f a loan in full, every paper signed by the borrower
shall be returned to the borrower, destroyed in his presence, or
his signature torn from each o f such papers and returned to him.
No assignment o f salary or wages or order for the payment
thereof shall be valid for a period exceeding one year from the
making o f such assignment, and not exceeding ten per centum
o f a borrower’s monthly salary or wages shall be collectible under
such an assignment or order, if the amount o f the loan be not
paid in accordance with the terms thereof.
In te re st.
S e c . 59-d. No person, firm or corporation licensed under this
article shall, directly or indirectly, charge or receive for the use
and sale of his personal credit or for making any advance or loan
o f money either wholly or partly in anticipation o f salary or wages
due or to be earned whether secured by a bill o f sale or assign
ment o f salary or wages, power o f attorney, promissory note,
confession of judgment or bona fide chattel mortgage, a greater
sum than at the rate o f three per centum per month if the
amount o f the loan be fifty dollars or less; two and one-half
per centum per month if the amount o f the loan be over fifty
dollars and not more than one hundred dollars; two per centum
per month if the amount of the loan be over one hundred and not
Investigation niore than two hundred dollars; but such firm, person or corfee.
poration may charge a fee for investigating the status o f an
applicant for such loan or advance to establish his credit or for
the examination o f valuation o f property, the examination of title,
drawing, registration and recording papers, acknowledgments,
affidavits, insurance or any other expense o f any kind connected
with such loan, not exceeding one dollar if the loan or advance
be twenty-five dollars or less, not exceeding one dollar and fifty
cents if the loan or advance be over twenty-five dollars and not
to exceed one hundred dollars, not to exceed two dollars and
fifty cents if the loan or advance be over one hundred dollars
and not to exceed two hundred dollars. I f after investigation an
application for loan be rejected, one-half o f the investigation fee
shall be returned to the applicant, upon demand.
w . ..
Sec. 59-e. Interest or charges must not be deducted when a
i egu a
.
jg made. It shall not be lawful in any manner or under any
pretense whatever to divide or split up a loan, either directly or
indirectly, for the purpose of exacting or receiving any charge,
cost or expense o f any kind in addition to or in excess o f that au
thorized by this article.
Actions
^EC*
ac^ on brought to enforce a contract, assignment
or a note, given by a borrower for money loaned by licensee un
der this article shall be brought within the county wherein the
loan was made and the money was actually received by the bor
rower, and any confession o f judgment taken as security may be
filed only in the county wherein it is certified.
Collection
SecPerson or persons, firm, corporation or asso
ciation, who shall, after this article takes effect, make to any
employee an advance of money, or loan, on account o f salary or
wages due or to be earned in the future by such individual upon
an assignment or sale of salary, promissory note or other writ
ten instrument covering such loan or advance, shall not acquire
LABOR LAWS— NEW YORK----CONSOLIDATED LAWS----1909.
1461
any riglit to collect or attach the same while in the possession or
control of the employer unless such assignment or sale o f salary,
promissory note or other written instrument be dated on the same
day on which such loan is actually made and such person or per
sons, firm, corporation or association is licensed under this article.
S ec. 59-h. Any violation o f this article shall be a misdemeanor Violations,
punishable by a fine not to exceed one hundred dollars and any
loan or loans made in connection with such violation shall be void
and unenforceable. I f a licensee be convicted o f a second offense
his license shall be deemed revoked from the date o f such con
viction, and any loan or loans made in connection with such
second violation shall be void and unenforceable and another license
shall not be issued to the same person, firm or corporation within
one year. The discounting or indorsing o f notes by a person,
firm or corporation, not exempt from the provisions o f this article,
engaged in such business without a license, or receiving or exact
ing a greater interest, charge, fee or remuneration than six per
centum on loans of less than two hundred dollars shall be deemed
an evasion o f the provisions o f this article and constitute a mis
demeanor, punishable by a fine o f not more than one hundred
dollars, and any such loan or loans made in connection therewith
shall be void and unenforceable. A loan or advance upon security
of an assignment o f salary or wages either earned or to be earned,
or made on chattels, promissory note, bill o f sale or confession o f
judgment after the sixtieth day from the date when this article
takes effect by any person, firm or corporation, engaged in the
business o f loaning money in sums less than two hundred dol
lars, at a rate exceeding the legal rate o f six per centum per an
num shall be null and void, unless such person, firm or corpora
tion shall have procured a license as required by this article; and
such unlicensed money lender shall forfeit both the principal and
the interest on such loan or advance.
S ec. 59-i. I f an applicant for a loan or advance from a licensee paise stateunder this article makes a false statement in writing to thements.
licensee in reference to the amount o f salary or wages received by
him or in reference to his title to personal property mortgaged
to secure such loan or advance, he shall be guilty o f a misde
meanor, punishable by a fine o f not more than one hundred dollars,
or six months’ imprisonment or both.
C hapter 20.—Article 11
(as amended by chapter 700, Acts of
1910).—Private employment offices.
Section 170. 1. This article shall apply to all cities o f the State, scope of law.
except that the provisions hereof relating to domestic and com
mercial employment agencies shall not apply to cities o f the third
class. This article does not apply to employment agencies which
procure employment fo r persons as teachers exclusively, or em
ployment for persons in technical or executive positions in rec
ognized educational institutions; to registries conducted by duly
incorporated associations o f registered nurses; and employment
bureaus conducted by registered medical institutions or duly in
corporated hospitals. Nor does such article apply to departments
or bureaus maintained by persons for the purpose o f securing
help or employees, where no fee is charged.
Sec. 171. 1. When used in this article the following terms are Definitions,
defined as herein specified. The term “ person” means and in
cludes any individual, company, society, association, corporation,
manager, contractor, subcontractor or their agents or employees.
2.
The term “ employment agency ” means and includes the
business of conducting, as owner, agent, manager, contractor,
subcontractor or in any other capacity an intelligence office, do
mestic and commercial employment agency, theatrical employ
ment agency, general smployment bureau, shipping agency, nurses'
registry, or any other agency or office for the purpose o f pro
curing or attempting to procure help or employment or engage
ments for persons seeking employment or engagements, or for the
1462
B U L L E T IN OF T H E BU REA U OF LABOR STATISTICS.
registration of persons seeking such help, employment or engage
ment, or for giving information as to where and o f whom such
help, employment or engagement may be procured, where a fee
or other valuable consideration is exacted, or attempted to be
collected for such services, whether such business is conducted in
a building or on the street or elsewhere.
3. The term “ theatrical employment agency ” means and in
cludes the business of conducting an agency, bureau, office or
any other place for the purpose o f procuring or offering, promis
ing or attempting to provide engagements for circus, vaudeville,
theatrical and other entertainments or exhibitions or perform
ances, or of giving information as to where such engagements
may be procured or provided, whether such business is conducted
in a building, on the street or elsewhere.
4. The term “ theatrical engagement ” means and includes any
engagement or employment o f a person as an actor, performer or
entertainer in a circus, vaudeville, theatrical and other entertain
ment, exhibition or performance.
5. The term “ emergency engagement ” means and includes an
engagement which has to be performed within twenty-four hours
from the time when the contract for such engagement is made.
6. The term “ fee ” means and includes any money or other
valuable consideration paid or promised to be paid for services
rendered or to be rendered by any person conducting an employ
ment agency of any kind under the provisions o f this article.
Such term includes any excess o f money received by any such
person over what has been paid out by him for the transportation,
transfer o f baggage, or board and lodging for any applicant for
employment; such term also includes the difference between the
amount of money received by any such person who furnishes em
ployees, performers or entertainers for circus, vaudeville, thea
trical and other entertainments, exhibitions or performances, and
the amount paid by him to the said employees, performers or en
tertainers whom he hires or provides for such entertainments,
exhibitions or performances.
7. The term “ privilege ” means and includes the furnishing
o f food, supplies, tools or shelter to contract laborers, commonly
known as commissary privileges.
License r e - Sec. 172. A person shall not open, keep, maintain or carry on
quired.
any employment agency, as defined in the preceding section,
unless he shall have first procured a license therefor as provided
in this article from the mayor or the commissioner o f licenses o f
the city in which such person intends to conduct such agency.
Such license shall be posted in a conspicuous place in said
agency. Any person who shall open or conduct such an employ
ment agency without first procuring said license shall be guilty
o f a misdemeanor and shall be punishable by a fine o f not less
than twenty-five dollars and not more than two hundred and
fifty dollars, or by imprisonment for a period of not more than
one year, or both, at the discretion o f the court.
Application.
Sec. 173. An application for such license shall be made to the
mayor or commissioner o f licenses, in case such office shall have
been established as herein provided. Such application shall be
written and in the form prescribed by the mayor or commissioner
of licenses, and shall state the name and address o f the appli
cant; the street and number o f the building or place where the
business is to be conducted; whether the applicant proposes to
conduct a lodging house for the unemployed separate from the
agency which he proposes to conduct; the business or occupation
engaged in by the applicant for at least two years immediately
preceding the date o f the application. Such application shall be
accompanied by the affidavits o f at least two reputable residents
of the city to the effect that the applicant is a person o f good
moral character.
Investigation. Sec. 174. Upon the receipt o f an application for a license the
mayor or commissioner o f licenses shall cause the name and address
of the applicant, and the street and number o f the place where
LABOR LAWS----NEW YORK---- CONSOLIDATED LAWS----1909.
1463
the agency is to be conducted, to be posted in a conspicuous place
in his public office. The said mayor or commissioner o f licenses
shall investigate or cause to be investigated the character and
responsibility o f the applicant and shall examine or cause to be
examined the premises designated in such application as the place
in which it is proposed to conduct such agency. Any person may
file, within one week after such application is so posted in the
said office, a written protest against the issuance o f such license.
Such protest shall be in writing and signed by the person filing Hearings,
the same or his authorized agent or attorney, and shall state rea
sons why the said license should not be granted. Upon the filing
o f such protest the mayor or commissioner o f licenses shall
appoint a time and place for the hearing o f such application, and
shall give at least five days’ notice o f such time and place to the
applicant and person filing such protest. The said mayor or com
missioner o f licenses may administer oaths, subpoena witnesses
and take testimony in respect to the matters contained in such
application and protest or complaints o f any character for viola
tions o f this article, and may receive evidence in the form of
affidavits pertaining to such matters. I f it shall appear upon such
hearing or from the inspection or examination made by the said
mayor or commissioner o f licenses that the said protest is sus
tained or that the applicant is not a person o f good character, or
that the place where such agency is to be conducted is not a suit
able place therefor, or that the applicant has not complied with
the provisions of this article, the said application shall be denied
and a license shall not be granted. Each application should be
granted or refused within thirty days from the date o f its filing.
The license shall run to the first Tuesday o f May next following
the date thereof and no later, unless sooner revoked by the mayor
or the commissioner o f licenses. No license shall be granted to Places proa person to conduct the business o f an employment agency in hibited.
rooms used for living purposes or where boarders or lodgers are
kept or where meals are served or where persons sleep or in con
nection with a building or premises where intoxicating liquors are
sold to be consumed on the premises, excepting caf§s and restau
rants in office buildings.
Sec. 175. Every license shall contain the name o f the person
Contents of*
licensed, a designation o f the city, street and number o f the house license*
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 than the
person to whom it is issued or any place other than that desig
nated in the license and shall not be transferred or assigned to
any other person unless consent is obtained from the mayor or
commissioner o f licenses, as hereinafter provided. I f such
licensed person shall conduct a lodging house for the unemployed
separate and apart from such agency, it shall be so designated in
the license.
Sec. 176. A license granted as provided in this article shall not
Transfers,
be assigned or transferred without the consent of the mayor or
commissioner o f licenses. Applications for such consent shall be
made in the same manner as an application for a license, and all
the provisions of sections one hundred and seventy-three and one
hundred and seventy-four relating to the granting o f applications
for licenses, including the procedure upon such application and the
posting o f the names and addresses of applicants shall apply to
applications for such consent. No license fee shall be required
upon such assignment or transfer. The location o f an employ
ment agency shall not be changed without the consent of the
mayor or commissioner o f licenses, and such change of location
shall be indorsed upon the license.
Sect. 177. 1. Every person licensed under the provisions o f this
Fee.
act to carry on the business o f an employment agency shall pay to
the mayor or the commissioner o f licenses a license fee o f twentyfive dollars before such license is issued. He shall also deposit
before such license is issued, with the commissioner of licenses,
1464
Bond.
Suits.
Register.
B U L L E T IN OF T H E B U REA U OF LABOR STATISTICS.
in every city wliere there is a commissioner of licenses, or
clerk of the city, a bond in the penal sum of one thousand dollars
with two or more sureties or a duly authorized surety company,
to be approved by the mayor or the commissioner o f licenses.
2. The bond executed as provided in the preceding subdivision
o f this section shall be payable to the people o f the city in which
any such license is issued and shall be conditioned that the person
applying for the license will comply with this article, and shall
pay all damages occasioned to any person by reason o f any mis
statement, misrepresentation, fraud or deceit, or any unlawful act
or omission o f any licensed person, his agents or employees, while
acting within the scope o f their employment, made, committed or
omitted in the business conducted under such license, or caused
by any other violation o f this article in carrying on the business
for which such license is granted.
3. I f at any time, in the opinion o f the mayor, or the commis
sioner o f licenses, the sureties or any o f them shall become irre
sponsible the person holding such license shall, upon notice from
the mayor or the commissioner o f licenses, give a new bond, subject
to the provisions o f this section. The failure to give a new bond
within ten days after such notice, in the discretion o f the mayor
or commissioner o f licenses, shall operate as a revocation o f such
license and the license shall be thereupon returned to the mayor
or the commissioner o f licenses who shall destroy the same.
S ec. 178. All claims or suits brought in any court against any
licensed person may be brought in the name o f the person dam
aged upon the bond deposited with city by such licensed person
as provided in section one hundred and seventy-seven and may be
transferred and assigned as other claims for damages in civil
suits. The amount o f damages claimed by plaintiff, and not the
penalty named in the bond, shall determine the jurisdiction of the
court in which the action is brought. Where such licensed per
son has departed from the State with intent to defraud his credi
tors or to avoid the service o f a summons in an action brought
under this section, service shall be made upon the surety as pre
scribed in the Code o f Civil Procedure. A copy o f such summons
shall be mailed to the last known post-office address o f the resi
dence o f the licensed person and the place where he conducted
such employment agency, as shown by the records o f the mayor
or commissioner o f licenses. Such service thereof shall be deemed
to be made when not less than the number o f days shall have in
tervened between the dates o f service and the return o f the same
as provided by the civil procedure for the particular court in
which suit has been brought
Sec. 179. It shall be the duty o f every licensed person to keep a
register, approved by the mayor or the commissioner o f licenses,
in which shall be entered, in the English language, the date o f the
application for employment; the name and address o f the appli
cant to whom employment is promised or offered, or to whom
information or assistance is given in respect to such employment;
the amount o f the fee received, and whenever possible, the names
and addresses o f former employers or persons to whom such ap
plicant is known. Such licensed person shall also enter in the
same or in a separate register, approved by the mayor or com
missioner o f licenses, in the English langnage, the name and
address o f every applicant accepted for help, the date of such
application, kind o f help requested, the names o f the persons sent,
with the designation o f the one employed, the amount o f the fee
received and the rate o f wages agreed upon. No such licensed
person, his agent or employees, shall make any false entry in
such registers. It shall be the duty o f every licensed person,
whenever possible, to communicate orally or in writing with at
least one o f the persons mentioned as references for every appli
cant for work in private families, or employed in a fiduciary
capacity, and the result o f such investigation shall be kept on file
in such agency: Provided, That if the applicant for help volun
tarily waives in writing such investigation of references by the
LABOR LAWS— NEW YORK----CONSOLIDATED LAWS— 1909.
148 5
licensed person, failure on the part o f the licensed person to make
such investigation shall not be deemed a violation o f this section.
Sec. 180. Every licensed person conducting a theatrical employ- Th e a t r i c a l
ment agency, before making a theatrical engagement, except an l i l i e s 7ment
emergency engagement, for any person with any applicant for *
services in any such engagement shall prepare and file in such
agency a written statement signed and verified by such licensed
person setting forth how long the applicant has been engaged in
the theatrical business. Such statement shall set forth whether
or not such applicant has failed to pay salaries or left stranded
any companies, in which such applicant and, if a corporation any
o f its officers or directors, have been financially interested during
the five years preceding the date o f application and, further, shall
set forth the names o f at least two persons as references. I f such
applicant is a corporation, such statement shall set forth the
names o f the officers and directors thereof and the length o f time
such corporation or any o f its officers have been engaged in the
theatrical business and the amount o f its paid-up capital stock.
I f any allegation in such written, verified statement is made upon
information and belief, the person verifying the statement shall
set forth the sources o f his information and the grounds o f his
belief. Such statement so on file shall be kept for the benefit o f
any person whose services are sought by any such applicant as
employer.
Sec. 181. Every such licensed person shall give to each applicant statements to
for domestic or commercial employment a card or printed paper toe furnished
containing the name o f the applicant, the name and address 0f appllcants*
such employment agency and the written name and address o f the
person to whom the applicant is sent fo r employment; kind of
services to be performed; rate o f wages or compensation; the time
o f such services, i f definite, and i f indefinite, to be so stated; and
the name and address o f person authorizing the hiring o f such
applicant, and the cost o f transportation if the services are
required outside o f the city where such agency is located.
Sec. 182. A licensed person shall not induce or attempt to induce i n t e r fering
any employee to leave his employment with a view to obtaining with contracts,
other employment through such agency. Whenever such licensed
person or any other acting for him, agrees to send one or more
persons to work as contract laborers in any one place outside the
city in which such agency is located, the said licensed person shall Sending apfile with the mayor or commissioner o f licenses, within five days P
iHants out o£
after the contract is made, a statement containing the following
items: Name and address o f the employer; name and address of
the employee; nature of the work to be performed, hours o f labor;
wages offered, destination o f the persons employed, and terms of
transportation. A duplicate copy o f this statement shall be given
to the applicant for employment, in a language which he is able
to understand, before he leaves the city.
Sec. 183. Every licensed person who shall procure for or offer Theatrical ento an applicant a theatrical engagement shall have executed in gagements.
duplicate a contract containing the name and address o f the appli
cant ; the name and address o f the employer o f the applicant and of
the person acting for such employer in employing such applicant;
the time and duration o f such engagement; the amount to be paid
to such applicant; the character of entertainment to be given or
services to be rendered; the number o f performances per day or
per week that are to be given by said applicant; if a vaudeville
engagement, the name o f the person by whom the transportation
is to be paid, and i f by the applicant, either the cost o f the trans
portation between the places where said entertainment or services
are to be given or rendered, or the average cost o f transportation
between the places where such services are to be given or ren
dered ; and if a dramatic engagement the cost o f transportation to
the place where the services begin if paid by the applicant; and
the gross commission or fees to be paid by said applicant and to
whom. Such contracts shall contain no other conditions and pro
visions except such as are equitable between the parties thereto
1466
B U L L E T IN OF T H E BU REA U OF LABOR STATISTICS.
and do not constitute an unreasonable restriction o f business.
The form o f such contract shall be first approved by the mayor or
commissioner o f licenses and his determination shall be reviewable by certiorari. One o f such duplicate contracts shall be deliv
ered to the person engaging the applicant and the other shall be
retained by the applicant. The licensed person procuring such
engagement for such applicant shall keep on file or enter in a book
provided for that purpose a copy o f such contract.
Registers,etc.,
Sec. 184. A ll registers, books, records and other papers required
to be open.
to fre kept pursuant to this article in any employment agency shall
be open at all reasonable hours to the inspection of the mayor or
commissioner o f licenses, and to any duly authorized agent or
inspector o f such mayor or commissioner.
Fees to be
Sec. 185. 1. The gross fees o f licensed persons charged to applicharged.
cants for employment as lumbermen, agricultural hands, coach
men, grooms, hostlers, seamstresses, cooks, waiters, waitresses,
scrubwomen, laundresses, maids, nurses (except professionals) and
all domestics and servants, unskilled workers and general labor
ers, shall not in any case exceed ten per centum o f the first
month’s wages, and for all other applicants for employment, shall
not exceed the amount of the first week’s wages or salary unless
the period of employment is for at least one year, and at a yearly
salary, and in that event the gross fee charged shall not exceed
five per centum of the first year’s salary, except when the employ
ment or engagement is o f a temporary nature, not to exceed in
any single contract one month, then the fee shall not exceed ten
per centum o f the salary paid.
2. The gross fees o f licensed persons charged to applicants for
theatrical engagements by one or more such licensed persons, in
dividually or collectively procuring such engagements, except
vaudeville or circus engagements, shall not in any case exceed
the gross amount of five per centum of the wages or salary o f the
engagement when the engagement is less than ten weeks; and an
amount o f five per centum o f the salary or wages per week for ten
weeks o f a season’s engagement constituting ten weeks or more.
The gross fees charged by such licensed persons to applicants for
vaudeville or circus engagements by one or more such licensed
persons, individually or collectively, procuring such engagement,
shall not in any case exceed five per centum o f the salary or
wages paid. The gross fees for a theatrical engagement, except
an emergency engagement, shall be due and payable at the end
of each week o f the engagement, and shall be based on the amount
of compensation actually received for such engagement, except
when such engagement is unfulfilled through any act within the
control o f the applicant fo r such engagement.
Dividing fees.
3 . a licensed person conducting any employment agency under
this article shall not receive or accept any valuable thing or gift
as a fee or in lieu thereof. No such licensed person shall divide
or share, either directly or indirectly, the fees herein allowed,
with contractors, subcontractors, employers or their agents, fore
men or any one in their employ, or if the contractors, subcon
tractors or employers be a corporation, any o f the officers, direc
tors or employees o f the same to whom applicants for employment
or theatrical engagements are sent.
Violations.
4 . Any person violating the provisions o f this section shall be
deemed guilty o f a misdemeanor and upon conviction o f any
licensed person for any violation thereof shall be subject to a fine
o f not less than twenty-five dollars and not more than two hun
dred and fifty dollars, or imprisonment for not more than one
year, or both, at the discretion o f the court, and the mayor or
commissioner o f licenses shall forthwith cancel and revoke the
license o f such person.
Return of fee. Sec. 186. 1. In case a person applying for help or employment
of a domestic or commercial employment agency shall not accept
help or obtain employment through such agency, then the licensed
person conducting such agency shall on demand repay the full
amount o f the said fee, allowing three days’ time to determine
LABOR LAWS— FEW YORK---- CONSOLIDATED LAWS— 1909.
1467
the fact of the applicant’s failure to obtain help 01* employment.
I f an employee furnished fails to remain one week in the situa
tion, a new employee shall be furnished to the applicant for help
if he so elects, or three-fifths o f the fee returned, within four days
o f demand: Provided, Said applicant for help notifies said licensed
person within thirty days o f the failure o f the applicant to accept
the position or of the applicant’s discharge fo r cause. I f the em
ployee is discharged within one week without said employee’s
fault another position shall be furnished, or three-fifths of the
fee returned to the applicant for employment if he so elects.
Failure o f said applicant for help to notify said licensed person
that such has been obtained through means other than said
agency shall entitle said licensed person to retain or collect threefifths o f the said fee.
2.
No such licensed person shall send out any applicant for orders to be!
employment without having obtained, either orally or in writing, bona fide,
a bona fide order therefor, and if it shall appear that no employ
ment o f the kind applied for existed at the place to which said
applicant was directed, the said licensed person shall refund to
such applicant within three days o f demand any sums paid by
said applicant for transportation in going to and returning from
said place, and all fees paid by said applicant.
Sec. 187. It shall be the duty o f every such licensed person conReceipts,
ducting an employment agency to give to every applicant for em
ployment from whom a fee shall be received a receipt in which
shall be stated, the name o f said applicant, the date and amount
o f the fee, and the purpose for which it was paid, and to every
applicant for help a receipt stating the name and address o f said
applicant, the date, and amount o f the fee, and the kind o f help
to be provided. Every such receipt, excepting those given by
theatrical employment agencies shall have printed on the back
thereof a copy o f sections one hundred and eighty-five, one hun
dred and eighty-six, one hundred and eighty-seven, in the Eng
lish language and in any language which the person to whom
the receipt is issued can understand.
Sec. 188. Every licensed person shall post in a conspicuous place L a w to be
in each room of such agency sections one hundred and seventy- posted,
eight, one hundred and eighty, one hundred and eighty-one, one
hundred and eighty-two, one hundred and eighty-three, one hun
dred and eighty-five, one hundred and eighty-six, one hundred and
eighty-seven and one hundred and eighty-nine, o f this article,
which shall be printed in large type in languages in which per
sons commonly doing business with such office can understand.
Such printed law shall also contain the name and address of the
officer charged with the enforcement o f this article in such city.
Sec. 189. No licensed person conducting any employment agency
Falge stateshall publish or cause to be published any false or fraudulent or ments.
misleading information, representation, notice or advertisement;
all advertisements o f such employment agency by means o f cards,
circulars, or signs and in newspapers and other publications, and
all letterheads, receipts and blanks shall be printed and contain
the licensed name and address o f such employment agent and
the word agency, and 110 licensed person shall give any false in
formation, or make any false promise or false representation con
cerning an engagement or employment to any applicant who shall
register or apply for an engagement or employment or help.
Sec. 190. No licensed person conducting an employment agency Acts prohibshall send or cause to be sent any female as a servant, employee, ited.
inmate, entertainer or performer, or any male as an employee or
entertainer to any place o f bad repute, house o f ill fame, or
assignation house, or to any house or place of amusement kept
for immoral purposes, or place resorted to for the purposes o f
prostitution, or gambling house, the character o f which such
licensed person could have ascertained upon reasonable inquiry.
No licensed person shall send out any female applicant for em
ployment, without making a reasonable effort to investigate the
character o f the employer. Nor shall any such licensed person
1468
B U L L E T IN OF T H E BU REA U OF LABOR STATISTICS.
send any female as an entertainer or performer to any place
where such female will be required or permitted to sell, offer fo r
sale or solicit the sale of intoxicating liquors to those present or
assembled as an audience or otherwise in such place or in any
rooms or buildings adjacent thereto. * No licensed person shall
knowingly permit any persons o f bad character, prostitutes,
gamblers, intoxicated persons or procurers to frequent such
agency. No licensed person shall accept any application for em
ployment made by or on behalf o f any child or shall place or
assist in placing any such child in any employment whatever in
violation of article twenty o f the education law, relating to com
pulsory education, and in violation o f the labor law. No licensed
person, his agents, servants or employees shall induce or compel
any person to enter such agency for any purpose, by the tise of
force or by taking forcible possession o f said person’s property.
No person shall procure or offer to procure help or employment in
rooms or on premises where intoxicating liquors are sold to be
consumed on the premises whether or not dues or a fee or privi
lege are exacted, charged or received directly or indirectly, except
Penalty.
in office buildings in which are located caf&s and restaurants. For
the violation o f any o f the foregoing provisions o f this section
the penalties shall be a fine o f not less than twenty-five dollars,
and not more than two hundred and fifty dollars, or imprison
ment for a period o f not more than one year, or both, at the dis
cretion o f the court.
Enforcement.
S ec. 191 (as amended by chapter 261, Acts of 1912). 1. In
cities o f the second and third class and in cities o f the first class
having a population o f less than three hundred thousand, this
article, so far as it relates to such cities, shall be enforced by the
mayor or an officer appointed by him.
2. In cities o f the first class having a population of three hun
dred thousand or more the enforcement o f this article so far as
it relates to such cities shall be intrusted to a commissioner to
be known as a commissioner o f licenses, who shall be appointed
by the mayor, and whose salary, together with those o f a deputy
commissioner, and inspectors to be appointed by him, shall be
fixed by the board o f estimate and apportionment. Said com
missioner o f licenses and deputy commissioner shall have no other
occupation or business. The commissioner o f licenses shall ap
point inspectors, who shall make at least bimonthly visits to
every such agency. Said inspectors shall have suitable badges
which they shall exhibit on demand o f any person with whom
they may have official business. Such inspectors shall see that
all the provisions o f this article, so far as it relates to such
cities, are complied with, and shall have no other occupation or
business.
3. Complaints against any such licensed person shall be made
orally or in writing to the mayor or commissioner o f licenses, or
be sent in in affidavit form without appearing in person, and rea
sonable notice thereof, not less than one day, shall be given in
writing to said licensed person by serving upon the licensed person
either personally or by leaving the same with the person in charge
o f his office, a concise statement o f the facts constituting the com
plaint, and a hearing pursuant to the powers granted to the mayor
or commissioner o f licenses as provided in section one hundred and
seventy-four shall be had before the mayor or commissioner of
licenses within one week from the date o f the filing of the com
plaint and no adjournment shall be taken for a period longer than
one week. A daily calendar of all hearings shall be kept by the
mayor or commissioner o f licenses and shall be posted in a con
spicuous place in his public office for at least one day before the
date o f such hearings. The mayor or commissioner o f licenses
shall render his decision within eight days from the time the
matter is finally submitted to him. Said mayor or commissioner
o f licenses shall keep a record o f all such complaints and hearings.
The said mayor or commissioner of licenses may refuse to issue
and shall revoke any license for any good cause shown, within the
LABOR LAWS— NEW YORK----CONSOLIDATED LAWS----1909.
meaning and purpose o f this article and when it is shown to the
satisfaction of the mayor or commissioner of licenses that any
licensed person is guilty o f any immoral, fraudulent or illegal
conduct in connection with the conduct o f said business, it shall
be the duty o f the mayor or the commissionor o f licenses to revoke
the license o f such person; but notice o f the charges shall be pre
sented and reasonable opportunity shall be given said licensed
person to defend himself. Whenever said mayor or commissioner
o f licenses shall refuse to issue or shall revoke the license o f an
employment agency, said determination may be reviewed by cer
tiorari. Whenever for any cause such license is revoked, said
mayor or commissioner o f licenses shall not within three years
from the date o f such revocation issue another license to said
licensed person or his representative or to any person with whom
he is to be associated in the business o f furnishing employment,
help or engagements. In the absence o f the commissioner of
licenses, the deputy commissioner of licenses may conduct hear
ings and act upon applications for licenses, and revoke such
licenses.
Sec. 192. The violation o f any provision of this article except as
otherwise provided in this article shall be punishable by a fine not
to exceed twenty-five dollars, and any city magistrate, police jus
tice, justice o f the peace, or any inferior magistrate having origi
nal jurisdiction in criminal cases, shall have power to impose said
fine, and in default o f payment thereof to commit the person so
offending for a period not exceeding thirty days. The said mayor
or commissioner o f licenses or any person, his agent or attorney,
aggrieved because o f the violations o f this article shall institute
criminal proceedings for its enforcement before any court of
competent jurisdiction.
1469
Violations,
C hapter 25.—Employment of intemperate drivers on public
conveyances.
S ection 322. No person owning any carriage for the conveyance
intemperate
of passengers, running or traveling upon any highway or road, drivers not to
shall employ, or continue in employment, any person to drive such be employed,
carriage who is addicted to drunkenness, or to the excessive use
of spirituous liquors; and i f any such owner shall violate the pro
visions of this section, he shall forfeit at the rate o f five dollars
per day, for all the time during which he shall have kept any
such driver in his employment.
Sec. 323. I f any driver, while actually employed in driving any
intoxication
such carriage, shall be guilty o f intoxication, to such a degree as of driver,
to endanger the safety o f the passengers in the carriage, the owner
of such carriage shall, on receiving written notice o f the fact,
signed by any one o f said passengers, and certified by him on oath,
forthwith discharge such driver from his employment; and every
such owner, who shall retain, or have in his service within six
months after the receipt o f such notice, any driver who shall
have been so intoxicated, shall forfeit at the rate o f five dollars
per day, for all the time during which he shall keep any such
driver in his employment after receiving such notice.
C hapter 28, A rticle 5-A (added by chepter 832, Acts o f extra
session, 1913).—Employers1 insurance—Mutual companies.
Section 185. Thirteen or more persons may become a corporaWho may intion for the purpose o f insuring on the mutual plan against l o s s corporate,
or damage resulting from accident to or injury suffered by an
employee or other person and for which the person insured is
liable, or the liability o f the employer to pay compensation to
his employees, or the compensation o f employees under any
workmen’s compensation law, or against loss or damage caused
by a truck, wagon or other vehicle propelled by steam, gas,
gasoline, electric, mechanical or other power or drawn by horses
or mules, used in trade or manufacture and owned by any such
1470
B U L L E T IN OF T H E BU REA U OF LABOR STATISTICS.
person to the property o f another for which loss or damage the
person insured is liable, by making and filing in the office of the
superintendent o f insurance a certificate to be signed by each
o f them, stating their intention to form a corporation for the
purpose named, and setting forth a copy o f the charter which
they propose to adopt, which shall state the name of the pro
posed corporation, the place where it is to be located, the mode
and manner in which its corporate powers are to be exercised,
the number o f directors, the manner o f electing its directors and
officers, the time of such elections, the manner o f filling vacancies,
the names and post-office addresses of the directors who will serve
until the first annual meeting o f such corporation, and such fur
ther particulars as may be necessary to explain and make mani
fest the objects and purposes of the corporation. Such certificate
shall be approved or acknowledged and recorded in a book kept for
that purpose by the superintendent o f insurance and a certified
copy thereof shall be delivered to the persons executing the same.
Completion of
Sec. 186. Upon receipt o f a certified copy of the certificate of
organization, incorporation from the superintendent o f insurance, the persons
signing such certificate may open books to receive applications
for membership therein. No such corporation shall transact any
business o f insurance unless and until at least forty employers
employing not less than twenty-five hundred employees have be
come members of such corporation and applied for and agreed to
take insurance therein, covering the liability o f such employers to
their employees for accidents to or injuries suffered by such em
ployee nor until the facts specified in this section have been cer
tified under oath by at least three o f the persons signing the
original certificate, to the superintendent of insurance, and the
superintendent o f insurance has issued a license to such corpora
tion authorizing such corporation to begin writing the insurance
specified in this article. The superintendent of insurance must
be satisfied that the membership list o f the corporation is genu
ine, and that every member thereof will take the policies as
agreed by him within thirty days of the granting o f the license
to the corporation by the superintendent of insurance to issue
policies. I f at any time the number o f members falls below
forty or the number o f employees who are employed by the mem
bers o f the corporation falls below twenty-five hundred, no fur
ther policies shall be issued by the corporation until other em
ployers have made bona fide applications fo r insurance therein,
who, together with the existing members, amount to not less than
forty employers who employ not less than twenty-five hundred
employees, and in the event that such applications for insurance
shall not be obtained within a reasonable time, to be fixed by the
superintendent o f insurance, such superintendent may take the
proceedings against such corporation under section sixty-three of
this chapter to the same effect as if clause h o f subdivision one
o f such section was specifically applicable to corporations or
ganized under this article.
Members to The members of the corporation shall be policyholders therein,
policyhold" and when any member ceases to be a policyholder he shall cease,
at the same time, to be a member of the corporation. A corpora
tion, partnership, association or joint stock company may become
a member o f such insurance corporation and may authorize an
other person to represent it in such insurance corporation, and
such representative shall have all the rights of any individual
member. Any person acting as employer in the capacity of a
trustee may insure in such corporation and as such trustee may
assume the liabilities and be entitled to the rights o f a member,
but shall not be personally liable upon such contract o f insurance.
Such corporation may borrow money or assume liability in a
sum sufficient to defray the reasonable expenses o f its organiza
tion.
Directors and Sec. 187. Any such corporation shall have not less than thirteen
officers.
directors, and such officers as shall be provided in the certificate
o f incorporation or by the by-laws made by the members. The
LABOR LAWS----NEW YORK----CONSOLIDATED LAWS----1909.
1471
directors sliall be elected annually by the rotes o f tlie members.
All except two of tlie directors of tlie corporation elected after
the organization o f the corporation is completed and it is author
ized to begin to issue insurance policies shall be members o f the
corporation. All the officers except the secretary, assistant secre
tary and the actuary must be members o f the board o f directors.
Sec. 188. At all meetings o f the members o f the corporation Voting power.
each member shall have one vote and one additional yote for
every five hundred employees or major fraction thereof, covered
by the policy held by such member in the corporation: Provided,
That no member shall have more than twenty votes. The number
of votes o f a member shall be determined by the average number
o f employees at work and covered by said member’s policy in the
corporation during the last six months from a date not less than
ten days immediately prior to the date o f any such meeting. Be
fore any member shall be permitted to cast more than one vote
at any meeting of members he shall file with the secretary an
affidavit showing the average number of employees at work dur
ing the preceding six months covered by the employer’s policy of
insurance.
Sec. 189. The corporation may in its by-laws and policies fix Assessments.
the contingent mutual liability o f the members for the payment
o f losses and expenses not provided for by its cash funds; but
such contingent liability of a member shall not be less than an
amount equal to and in addition to the cash premium written in
the policy. I f the corporation is not possessed o f cash funds
above its unearned premium sufficient for the payment o f in
curred losses and expenses, it shall make an assessment for the
amount needed to pay such losses and expenses upon the mem
bers liable to assessment therefor, in proportion to their several
liability. Every member shall be liable to pay and shall pay his
proportionate part of any assessment which may be laid by the
corporation in accordance with law and his contract, on account
o f losses and expenses incurred while he was a member, if he is
notified o f such assessment within one year after the expiration
o f his policy. All assessments shall be based upon present values
o f all future payments, and all proposed premium assessments
shall be filed in the insurance department and shall not take
effect until approved by the superintendent o f insurance, after
such investigation as he may deem necessary. All funds o f the
corporation and the contingent liability o f the members thereof
shall be available for the payment o f any claim against the
corporation.
S e c . 190.
The board o f directors may, from time to time, fix Dividends.
and determine the amount to be paid as a dividend upon policies
expiring during each year after retaining sufficient sums to pay all
the compensation and other policy obligations which may be pay
able on account of the injuries sustained and expenses incurred.
Any such corporation may hold cash assets in excess o f its lia
bilities, but such excess shall be limited to one hundred per centum
of its reserves for losses and expenses incurred, and may be used
from time to time in payment o f losses, dividends and expenses.
Sec. 191. Such corporation shall be required to maintain the Reserves.
same reserves for the protection o f policyholders and employees
who may have a right o f action directly against such corporation
as are required to be maintained by stock insurance corporations
in relation to the same class o f insurance, except that reserves for
liability for insurance o f compensation under the workmen’s com
pensation law shall be the same reserves as provided by the work
men’s compensation commission for the State insurance fund pur
suant to such chapter, and the superintendent o f insurance may
suspend or cancel the certificate issued by him authorizing said
corporation to transact such insurance business at any time when
in the judgment o f the superintendent o f insurance the reserves
of said corporation are insufficient to insure and secure the pay
ment o f its policy obligations, and the superintendent o f insurance
may reinstate or renew said certificate whenever by assessment
1472
B U L L E T IN OF T H E BU REA U OF LABOR STATISTICS.
or otherwise said reserves have been increased to a sum sufficient
in the judgment o f the sujierintendent o f insurance to insure and
secure the payment o f the policy obligations o f such corporation.
Reports and
gE > 192 . Every such corporation shall make reports to the suC
exammations. perintendent of insurance at the same times and in the same man
ner as are required from stock insurance companies transacting
the same kind o f business, and the superintendent o f insurance
may examine into the affairs of such corporation at any time,
either personally or by any duly authorized examiner appointed by
him, and the superintendent of insurance must make such an
examination into the affairs of said corporation at least once in
every two years.
Prevention o f
gEc. 193. The board of directors shall make and enforce reaaccidents.
sonable rules and regulations not in conflict with the laws o f
the State for the prevention o f accidents to the employees on the
premises o f members, and for this purpose the inspectors o f the
corporation shall have free access to all such premises during
regular working hours. The policy o f any member neglecting to
provide suitable safety appliances as provided by law or as re
quired by the board o f directors may be canceled and terminated
by the board o f directors after giving to such member notice o f
cancellation ten days prior to its becoming effective.
Foreign comgEa 194 . After January first, nineteen hundred and seventeen,
pames.
the superintendent o f insurance may, in his discretion, issue a
certificate o f authority to a mutual corporation organized und^r
the laws o f another State to do such insurance in this State: Pro
vided, That, in no event, shall authority be given to any such
mutual corporation to do other kinds o f business than those speci
fied in this article. Such corporation shall be required to main
tain the same reserves for the protection of members and em
ployees as are required for domestic corporations authorized to
trans