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LABOR LAWS----PENNSYLVANIA----ACTS OF 1911.

1901

for tlie purpose of filling vacancies or performing any other neces­
sary work.
The board, after being duly organized, shall take and subscribe
to, before any officer authorized to administer the same, the fol­
lowing oath, namely:
We, the undersigned, do solemnly swear (or affirm) that we Oath of ofwill perform the duties of examiners of applicants for appoint- fice.
ment as inspector of mines to the best of our ability, and that
in recommending or rejecting said applicants we will be governed
by the evidence of their qualifications to fill the position, and not
by any consideration of political or personal favor, and that we
will certify all whom we may find qualified according to the true
intent and meaning of this act, and none other.
The oaths of the members of the examining board shall be filed
in the department of mines.
Sec. 3. The qualifications of candidates for the office of in- Qualifications
spec tor shall be certified to the examining board, and shall be as of applicants,
follow s:
The candidates shall be citizens of Pennsylvania, of temperate
habits, of good repute as men of personal integrity, in good
physical condition, and shall be between the ages of thirty and
fifty years: Provided, however, That any inspector appointed un­
der the provisions of the act of May fifteen, one thousand eight
hundred and ninety-three, or under the provisions of this act, shall
be eligible for reappointment, even if beyond fifty years of age,
if in good physical condition. The candidates shall have a knowl­
edge of the different systems of working coal seams, and shall
have had at least ten years’ practical experience in bituminous
mines, five years of which, immediately preceding their examina­
tion, shall have been in bituminous mines of this Commonwealth,
and shall also have had practical experience with explosive gas
and other dangerous gases found in coal mines; and, upon ex­
amination, shall give evidence of such theoretical as well as prac­
tical knowledge and general intelligence respecting mines and
mining, and the working and ventilation of mines, as will satisfy
the examining board of their capability and fitness for the duties
imposed upon inspectors of mines by the provisions of this act.
Sec. 4. The principal examination shall be in writing, and each Examinations,
applicant shall also undergo an oral examination pertaining to ex­
plosive gas, safety lamps, methods of ventilation, and mine man­
agement. The questions and answers thereto in the oral examina­
tion shall be reported verbatim by an expert stenographer, and
typewritten fully, to assist the board in the work of rating the
qualifications of the candidates. Candidates who shall make a
general average of at least ninety per centum shall be deemed
successful. The manuscripts and other papers of all applicants in Tapers to be
the principal examination, together with the tally sheets and the filedcorrect solution of each question as prepared by the examining
board, and also the stenographer’s report of the oral examination,
shall be filed in the department of mines. The examining board,
or at least four members thereof, shall certify to the governor,
and also to the department of mines, the names and percentages
of all successful candidates who are properly qualified, under the
provisions of this article, to fill the office of inspector. A certifi- Certificate,
cate of qualification prepared by the chief of the department of
mines shall be issued to each successful candidate.
The examining board shall, as soon as practicable after the ex­
amination, furnish to each applicant, on printed slips of paper, a
copy of all questions (oral and written) given at the examination,
marked “ solved right,” “ imperfect,” or “ wrong,” as the case
may be.
Sec. 5. The governor shall, from the names certified to him by inspectors to
the examining board, commission one person to be inspector for fee appointed,
each district, in pursuance of this act, whose commission shall be
for a full term of four years from the fifteenth day of May follow­
ing the regular examinations. Each inspector appointed under the
provisions of the act of May fifteen, one thousand eight hundred




1902

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

and ninety-three, may continue in office until May fifteen, one
thousand nine hundred and thirteen.
Assignments. After the passage of this act, the chief of the department of
mines shall have the right to assign the inspectors to the districts
for which, in his. opinion, they are best fitted.
Vacancies.
sec . 6. When a vacancy occurs in said office of inspector, the
governor shall commission for the unexpired term, from the names
on file in the department of mines, a person who has received an
average of at least ninety per centum. When the number of can­
didates who have received an average of at least ninety per cen­
tum shall be exhausted, the governor shall cause the aforesaid exSpeciai exam- amining board to meet for a special examination, and examine the
ination.
persons who may present themselves for examination in accord­
ance with section three of this article, and the board shall certify
to the governor, and also to the chief of the department of mines,
the names of all applicants who have made a general average of
at least ninety per centum in said examination, as provided for in
section four of this article; one of whom shall be commissioned
by the governor, according to the provisions of section five of this
article, for the office of inspector for the unexpired term. In con­
ducting the said special examination the board shall comply with
all the requirements of sections three and four of this article.
Salaries.
S ec. 7. After the passage of this act, the salary of the inspectors
shall be three thousand dollars a year, to be paid quarterly by the
State treasurer, on warrant of the auditor general, issued upon
the presentation of voucher approved by the chief of the depart­
Expenses.
ment of mines. Each inspector may also incur traveling expenses,
and such other expenses as may be necessary for the proper dis­
charge of his duties under the provisions of this act, which shall
be paid quarterly by the State treasurer, on warrant of the auditor
general, issued upon presentation of vouchers properly made out
and sworn to by the inspector and approved by the chief of the
Offices.
department of mines. Each inspector shall have an office in his
district, which may be at his place of residence: Provided, That a
suitable room, approved by the chief of the department of mines,
be set apart for that purpose. The chief of the department of
mines shall have authority to procure for the inspectors, on their
request, furniture, instruments, chemicals, typewriters, stationery,
Supplies.
and all other necessary supplies, which shall be paid for by the
State treasurer, on warrant of the auditor general, issued upon
presentation of vouchers approved by the chief of the department
Property of of mines. All furniture, instruments, plans, books, memoranda,
the State.
notes and other materials pertaining to the office of inspector,
shall be the property of the State, and shall be delivered by the
inspector to his successor in office.
Court costs.
gEC. 8. The inspectors shall be allowed all necessary expenses
incurred by them in enforcing the several provisions of this act in
the respective courts of this Commonwealth (provided they have
the consent of the department of mines before such expense is
incurred), the same to be paid by the State treasurer, on warrant
of the auditor general, issued upon presentation of itemized
vouchers approved by the court before which the proceedings were
instituted, and also by the chief of the department of mines.
Bond.
S ec. 9. Each inspector shall, before entering upon the discharge
of his duties, give bond in the sum of five thousand dollars, with
sureties to be approved by the president judge of the district in
which he resides, conditional for the faithful discharge of h is
d uties; and shall take an oath, or make affirmation, that he will
discharge his duties with impartiality and fidelity, to the best of
Who ineiigiknowledge and ability. But no person wT is acting as man­
ho
ager or agent of any coal mine, or as mining engineer, or who is
interested in operating any coal mine, shall at the same time act
as inspector under this act.
appointments7
Sec. 10- In case the inspector becomes incapacitated to perform
the duties of his office, or is granted a leave of absence by the
chief of the department of mines, it shall be the duty of the gov­
ernor, at the request of the chief of the department of mines, to




LABOR LAWS----PENNSYLVANIA--- ACTS OF 1911.

1903

appoint temporarily to the office a person on the eligible list of
applicants filed in the department of mines. The temporary in­
spector shall act until the regular inspector is able to resume the
duties of his office, and shall be paid in the same manner as
hereinbefore provided for the payment of the regular inspector.
S ec. 11. Each inspector shall devote the whole of his time to Duties of in­
the duties of his office. It shall be his duty to thoroughly exam­ spectors.
ine each mine in his district as often as possible (but at least
once every four months), giving special attention to all mines
generating explosive gas, and to other mines where unusual dan­
gers may be suspected to exist, and to see that all the provisions
of this act are observed and strictly carried out, especially those
that demand that the air current be carried to the working faces.
He shall keep in his offiee a record of all examinations of mines, Record.
showing the condition in which he finds them, especially with
reference to ventilation and drainage, the number of persons em­
ployed inside of each mine, the extent to which the law is obeyed,
and the progress made in the improvement of mines. He shall
keep a record of all serious accidents, showing the nature and
causes thereof, and the number of deaths resulting therefrom.
Report.
S ec. 12. It shall be the duty of the inspector, after the final
examination of any mine, to make out a written, or partly writ­
ten and partly printed, report of the condition in which he finds it,
and to post the said report, immediately after the final examina­
tion, in the office at the mine, or in some other conspicuous place,
where it shall remain for one year, open to examination by any
person employed in or about the said mine. The report shall Contents.
show the date of the inspection, the number of cubic feet of air
in circulation, where the measurement of the air was made, and
the quantity of air as measured at the last cut-through in each
split, together with the number of persons employed in each split,
and also at any other place requested by the chief of the depart­
ment of mines. The report shall contain such other information
as the inspector may deem necessary.
If the inspector discovers any room, entry, airway, or other Violations.
working places being driven in advance of the air current, con­
trary to the requirements of this act, he shall order the workmen
in such places to cease work at once, until the law is complied
with.
In sp
S ec. 13. To enable the inspector to perform the duties imposed powers,e c t o r ’s
etc.
upon him by this act, he shall have the right at all times to enter
any mine in his district, or any mine in any other district when
directed to do so by the chief of the department of mines, to make
examinations or obtain information; and upon the discovery of
any violation of this act, or upon being informed of any viola­
tion of the act, he shall institute proceedings against the person
or persons at fault, under the provisions of section two of article
twenty-six of this act. In case any mine or portion of a mine is,
in the judgment of the inspector, in so dangerous a condition,
from any cause, as to jeopardize life and health, he shall at once
notify the chief of the department of mines, who shall imme­
diately direct two or more of the other inspectors to accompany
D an ger
promptly the said inspector to the mine wherein said dangerous conditions. o u s
condition is alleged to exist. The inspectors shall make a full
investigation, and if they shall agree that there is immediate
danger they shall direct the superintendent of the mine, in writ­
ing, to remove forthwith said dangerous condition. If the super­
intendent fails to do so, the inspectors shall immediately apply,, in
the name of the Commonwealth, to the court of common pleas of
the county in which said mine is located, or to a judge of said
court in chambers, for a writ of injunction, to enjoin the opera­ Injunction.
tion of all work in and about said mine. Whereupon said court,
or judge, shall at once proceed to hear and determine the case; Hearing.
and if the cause appear to be sufficient, after hearing the parties
and their evidence, as in like cases, shall issue its writ to restrain
the working of said mine until all cause of danger is removed; Costs.
and the costs of said proceedings shall be borne by the owner,




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BULLETIN OF THE BTJBEAU OF LABOR STATISTICS.

les&eo, or agent of tlie mine: Provided, That if said court shall
find the cause not sufficient, then the case shall be dismissed, and
the costs shall be borne by the county wherein said mine is lo­
cated: Vrovidcd also, That should any inspector find during his
inspection of a mine, or portion of a mine, such dangerous condiWithdrawing tions existing therein that in his opinion, any delay in removing
workmen.
the workmen from such dangerous places might cause loss of life
or serious personal injury to the employees, the said inspector
shall have the right to temporarily withdraw all persons from
such dangerous places until the foregoing provisions of this sec­
tion can be carried into effect,
Monthly reS ec . 14. Each inspector shall make the following reports to
ports.
the chief of the department of mines, on blank forms provided
for that purpose: Not later than the tenth of each month he shall
Accidents.
make a report of all fatal and serious nonfatal accidents that
have occurred in his district during the preceding month, stating
the date, nature, and cause of each accident, and placing the re­
sponsibility therefor, together with the name, age, occupation,
and nationality of each person killed or injured, and whether
married or single, and the number of widows and orphans left;
which report shall be recorded and filed in the department of
mines, and included (or a synopsis of the same) iu the annual
report of said department. Not later than the sixth of each
month he shall make a report, giving the name of operator, and
Inspections. the name and location of each mine inspected during the preced­
ing month, with date of inspection, condition of mine, quantity of
air in circulation at all points required by the chief of the depart­
ment of mines, and the number of persons employed in each split
of air. Not later than the twentieth of February of each year
Annual r e - he shall make an annual report, which shall briefly recapitulate
ports.
tlie ^ t i e s performed by him during the preceding year, and
briefly describe the condition of the mines in his district relative
to ventilation, drainage, and general sanitary arrangements, as
relating to the health, safety, and welfare of the employees, and
which shall also contain such suggestions or information of im­
portance as he may deem necessary, or as required by the chief of
the department of mines.
A r ticle XX.
S ection 1. The inspector shall exercise sound discretion in
the performance of his duties under the provisions of this act, and
if the operator, superintendent, mine foreman, or other person
employed in or about any mine, shall be dissatisfied with any de­
cision the inspector has given in the discharge of his duties,
which decision shall be in writing, it shall be the duty of the dis­
Appeals.
satisfied person to appeal from said decision to the chief of the
department of mines, who shall at once direct two or more of the
other inspectors to accompany promptly the inspector of the dis­
trict to make further examination into the matter in dispute. If
the said inspectors shall agree with the decision of the inspector
of the district, their decision shall be final, unless the dissatisfied
person shall, within seven days of the receipt of the decision of
Appeals to the committee of inspectors, appeal therefrom to the court of
courts.
quarter sessions of the county in which said mine is situated.
Commission.
S ec. 2. Whereupon the court, or the judges of said court in
chambers, shall forthwith appoint a commission of five persons
as required by article ten of this act, and thereafter the proceed­
ings had shall be as prescribed by sections one and two of said
article ten.
A kticle X XI.
S ection 1. The court of common pleas in any county or district,
upon a petition signed by not less than fifteen reputable citizens,
who shall be miners or operators of mines, and with the affi­
davit of one or more of said petitioners attached, setting forth




LABOR LAWS----PENNSYLVANIA--- ACTS OF 1911.

1905

tliat any inspector of mines is neglectful of, or is incompetent to Negligent in­
perform the duties of, Ms office, or that he is guilty of malfeasance spectors.
ia office, shall issue a citation, in the name of the Commonwealth
to the said inspector to appear, on not less than fifteen days*
notice, upon a day fixed, before said court; at which time the
court shall proceed to inquire into and investigate the allegations Hearing.
of the said petitioner: Provided, hoicever, That the citation shall
not issue until the petitioners shall file a bond in said court, with Bond.
sufficient sureties to be approved by the court, conditioned that the
petitioners shall pay all costs of the proceedings in case the
charges are not sustained.
Finding.
S ec. 2. If the court finds that the said inspector is neglectful of,
or is incompetent to perform the duties of his office, or that he is
guilty of malfeasance in office, the court shall certify the same to
the governor, who shall declare the office of said inspector vacant,
and proceed in compliance with the provisions of this act to fill
the vacancy.
The costs of said investigation shall, if the charges are sus­ Costs.
tained, be imposed upon the inspector; but, if the charges are not
sustained, they shall be imposed upon the petitioners.
A rticle XXII.
S ection 1. Under this act the bituminous counties of the Com­ Districts.
monwealth shall be arranged by the chief of the department of
mines into twenty-five inspection districts, and it shall be the
duty of the chief of the department of mines to assign the inspec­
tors to their respective districts. He shall also designate their
places of abode, at points as convenient as possible to the mines
of their districts.
S ec. 2. With the consent of the governor, the chief of the de­ Redis trie ting,
partment of mines may, at any time, redistrict the bituminous etc.
districts and add to the number of inspectors, if in his judgment
the number should be increased.
A rticle XXIII.
S ection 1. On or before the twenty-fifth day of January in each Reports of op­
year, the operator or the superintendent of every mine shall send erators.
to the inspector of the district a correct report, specifying, with
respect to the year ending the thirty-first day of December pre­
ceding, the name of the operator and officers of the mine, number
of tons of coal mined, number of tons of coke manufactured, num­
ber of different employees, classified, and the total number of days
worked during the year. The report shall be in such form, and
give such information regarding the mine, as may be, from time to
time, required and prescribed by the chief of the department of
mines.
The operator or the superintendent who fails to comply with F a ilu r e to
the provisions of this article shall be deemed guilty of a misde­ comply.
meanor.
A rticle XXIV.
S ection 1. On petition of the mine inspector, the court of com­ B o a r d s of
mon pleas in any county in said district shall appoint an ex­ examiners for
mine foremen,
amining board of three persons, consisting of a mine inspector, a etc.
miner, and an operator, or superintendent,—which said miner shall
have had at least ten years’ practical experience, and be in actual
practice in mines of this Commonwealth generating explosive
gases,—and the members of said examining board shall be citi­
zens of this Commonwealth, and the persons so appointed shall,
after being duly organized, take and subscribe, before an officer
authorized to administer the same, the following oath, nam ely:
Oatli of of­
“ We, the undersigned, do solemnly swear (or affirm) that we fice.
will perform the duties of examiners of applicants for certificates
of qualification as mine foremen, assistant mine foremen, and fire
bosses; that we w ill not divulge or make known to any person any

39387°—Bull. 148, pt 2—14------44
http://fraser.stlouisfed.org/

Federal Reserve Bank of St. Louis

1906

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

question prepared for tlie examiners, or in any manner assist any
applicant to pass the examination, but w ill be governed by the
evidence of the qualifications of the applicants to fill said positions,
and not by any consideration of personal favor; and that we will
certify all whom we may find qualified in accordance with this act,
and none other.”
Assisting ap­ Any member of any board of examiners who shall divulge or
plicants.
make known any question prepared for an examination, prior to
such question being handed to the applicants at the examination,
or in any manner assist any applicant to pass the examination,
Vacancies.
shall be deemed guilty of a misdemeanor. Any vacancy that may
occur in the membership of the board shall be filled by the court
of common pleas, in accordance with the provisions of this section.
Meetings.
The said board of examiners shall meet, for the purpose of hold­
ing examinations, at the call of the mine inspector, and at least
two weeks’ notice of time and place where the examination w ill
be held shall be given.
Annual meet­ S ec. 2. The members of the boards of examiners appointed by
ings.
the courts of common pleas, with the inspectors in office, shall
meet in the city of Pittsburg each year, two weeks before the time
set for the examination of applicants, for the purpose of discussing
the general scope of the theoretical and practical questions to be
given the applicants, and to adopt rules to govern the examina­
tions, and to decide any other important matters pertaining to
their duties; and said boards shall select a committee of six of
their number, comprising two inspectors, two miners, and two
operators, managers, or superintendents, to formulate a code of
Questions.
questions to be used at the next succeeding examinations. The
said committee shall select one of their members as chairman and
one as secretary. The questions prepared by the said committee
shall be printed, under the personal direction of the chairman and
the secretary of the committee, and sent by them by express, in
sealed packages, each package containing a set of questions for
each session, to the chairman of each board of examiners, who
shall break the seal and open the package at the commencement
of each session in the presence of the other members of the board.
Answers.
After the examinations of applicants are over, and before the
several boards meet to examine the papers of the applicants, the
said committee of six shall meet again to prepare answers for the
questions propounded, and these answers shall be sent to the chair­
man of each board, to be used in rating the value of the answers
given by the applicants. While preparing answers to the ques­
tions the committee is hereby authorized to engage the services of
a clerk, who shall be a stenographer, and whose compensation and
mileage shall be the same as that of the members of the com­
mittee.
Compensation.
S ec. 3. Each member of each board shall receive six dollars a
day for each day actually employed, not exceeding twenty days in
all, and mileage at the rate of two and one-half cents a mile for
each mile necessarily traveled in going from his home to the place
of meeting and return, by the shortest practicable railway route:
Provided, That the mileage shall be paid but once for each con­
tinuous session of the board. By a continuous session is meant a
A d d it io n a l session of not less than four days in each w eek : Provided f urther,
compensation. That the committee of six shall each receive additional compen­
sation at the rate of six dollars a day for the time spent in pre­
Expenses.
paring the questions and answers. Each member shall also be re­
imbursed for all other necessary expenses incurred by him in dis­
Clerks.
charge of his duties. Each board of examiners is hereby author­
ized to employ the services of a clerk, who shall be a stenographer,
and whose compensation and rate of mileage shall be the same as
Touchers.
that of the members of the board. The clerk of each board shall,
on final adjournment, send to the chief of the department of mines
properly attested vouchers for compensation and expenses of each
member of the board, and also a voucher covering his own com­
pensation and exj>enses, which vouchers shall be first approved by
the chairman and the secretary of the board. The chief of the




LABOR LAWS----PENNSYLVANIA— ACTS OF 1911.

1907

department of mines shall then approve said vouchers and trans­
mit them to the auditor general, who shall issue a warrant, for
their payment, to the State treasurer.
Sec. 4. Applicants must appear before the board of examiners of Applicants,
which the inspector of the inspection district in which they reside
is a member. All persons who desire to attend the examination
shall notify the chairman of the board of their intention, if possi­
ble, not less than six days prior to the day set for the examination.
The boards shall inquire into the character and qualifications of
applicants who present themselves for examination.
Applicants for certificates of qualification as mine foremen and # Q u aiificaassistant mine foremen shall be citizens of the United States, of tio^s- n e fore.
good moral character and of known temperate habits, at least m etc.
en>
twenty-three years of age, and shall have had at least five years’
practical experience, after sixteen years of age, as miners or min­
ing engineers, or men of general work inside of the mines of Penn­
sylvania. Applicants for certificates of qualification as fire bosses Fire bosses,
shall be citizens of the United States, of good moral character
and of known temperate habits, at least twenty-three years of
age, and shall have had at least five years’ practical experience,
after sixteen years of age, as miners or men of general work, and
shall have had experience in mines in Pennsylvania that generate
explosive gas.
All applicants shall be able to read and write the English C ertificates
language intelligently, and shall furnish the board with certifi- of character,
cates as to their character and temperate habits, which certifi- e *
cates shall also show the length of service in the different mines.
Certificates of qualification as mine foremen shall be of two m i n e fore­
_
grades, nam ely: Certificates of first grade shall be granted to per- men.
sons who have given to the board of examiners satisfactory evi- F^rst grade;
dence of their ability to perform the duties of mine foremen in
gaseous mines, and who shall have received an average of at least
eighty per centum in the examination. Certificates of second S e c o n d
grade shall be granted to persons who have given to the board of £radeexaminers satisfactory evidence of their ability to perform the
duties of mine foremen in nongaseous mines, and who shall have
received an average of at least eighty per centum in the exami­
nation.
Certificates of qualification as assistant mine foremen shall be A s s i s t a n t
granted to persons who have given to the board of examiners mine foremen,
satisfactory evidence of their ability to perform the duties of
assistant mine foremen in gaseous mines, and who shall have
received an average of at least seventy per centum in the exami­
nation.
All applicants for certificates as mine foremen and assistant Oral examimine foremen in gaseous mines must also undergo an oral exami- nation,
nation in the presence of explosive gas.
Certificates of qualification as fire bosses shall be granted to C ertificates
persons who have given to the board of examiners satisfactory of fire t>
ossesevidence of their ability to perform the duties of fire bosses in
gaseous mines, and who shall have received an average of at
least sixty-five per centum in the examination, and shall also
have undergone an oral examination in the presence of explosive
gas.
Sec. 5. Before examination each applicant for a certificate of Fees,
qualification as mine foreman, assistant mine foreman, or fire
boss shall pay to the board of examiners the sum of one dollar,
and, if successful, two dollars additional for a certificate. All
money received by the boards of examiners for examination fees
and certificates shall be transmitted to the chief of the depart­
ment of mines, who shall pay the same into the State treasury,
less the cost of issuing and recording certificates.
Sec. 6. Each board of examiners, or at least two members issuing certhereof, shall certify to the chief of the department of mines, on tificates.
forms furnished by him, every person whose examination shall
disclose his fitness for the duties of mine foreman, assistant mine
foreman, or fire boss, as above classified; and the chief of the




1908

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

department of mines slmll tlien prepare certificates of qualification
for tlie successful applicants and send tliem to the chairman of
the board for distribution. Each certificate shall contain the full
name, age, and place of birth of applicant, and also the length
and nature of his previous service in or about the mines. The
certificates shall be in manner and form as prescribed by the chief
of the department of mines.
Papers to be g EC
<
Each board of examiners shall send to the chief of the
department of mines the answers and all other papers of the
applicants, together with the tally sheets, and a list of the ques­
tions and answers as prepared by the committee selected by the
boards, which shall be filed in the department of mines as public
documents.
C ertificates
gE # §. Certificates of service, that shall have the same effect
C
of service.
fo r
plirp0ses 0f
act as certificates of qualification, shall
be granted by the chief of the department of mines, on the reports
of the boards of examiners, to all persons who are acting as as­
sistant mine foremen in gaseous mines when this act becomes
effective. Certificates of service shall be in manner and form
as prescribed by the chief of the department of mines, and shall
contain the full name, age, and place of birth of applicant, and
also the length and nature of his previous service in or about
Fees.
the mines. Applicants for certificates of service shall pay to the
board the sum of two dollars, which shall be transmitted to the
chief of the department of mines.
^ m
Pt°certm- SEC* 9. It shall be unlawful for any operator, manager, or
cate.°U
superintendent to employ as mine foreman in any mine, or as
assistant mine foreman in any gaseous mine, any person who
has not obtained the proper certificate of qualification or service
H o l d e r s of required by this act: Provided, That all persons holding cer­
oid certificates, tificates of qualification as mine foremen, granted under the pro­
visions of the act of May fifteen, one thousand eight hundred
and ninety-three, may continue to serve: And provided further,
That any person acting as mine foreman by virtue of holding a
certificate of service granted previous to the passage of the act
of May fifteen, one thousand eight hundred and ninety-three, may
continue to serve at any mine where the general conditions af­
fecting the health and safety of the persons employed do not
differ materially from those at the mine in which he w as em­
ployed when said certificate was granted, which question shall
be decided by the inspector of the district; and it shall be un­
lawful for any operator, manager, superintendent, or mine fore­
man to employ as fire boss any person who has not obtained the
proper certificate of qualification required by this act: Provided,
That all persons holding certificates of qualification as fire bosses,
granted under the provisions of the act of May fifteen, one thou­
sand eight hundred and ninety-three, may continue to serve.
Forgery.
gE # 10. i f any person shall forge or counterfeit a certificate
C
ment
or knowingly make or cause to be made any false statement in
any certificate issued under this act or any previous act, or in
any copy thereof, or shall make use of such forged or false cer­
tificate, or copy thereof, or shall make use of any false declara­
tion, representation, or statement in any such certificate, or copy
Penalty.
thereof, or any document containing the same, he shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be
fined not less than two hundred dollars nor more than five hun­
dred dollars, or imprisoned for a term not exceeding one year, or
both, at the discretion of the court.
tifiL°tS °f Cer" ^EC* ■-* In case of tlle loss or destruction of a certificate, the
*•
ca e‘
chief of the department of mines shall issue a copy thereof to the
person losing said certificate, on payment of the sum of one
Proviso.
dollar: Provided, That it shall be shown to the satisfaction of
the chief of the department of mines that the loss or destruction
has actually occurred.
Eligibility.
Sec. 12. Nothing in this article shall prevent a first-grade mine
foreman from acting as assistant mine foreman in any mine, or
a second-grade mine foreman from acting as assistant mine fore­

man in a nongaseous mine.


LABOR LAWS----PENNSYLVANIA— ACTS OF 1911.

1909

A rtic l e XXV.
SPECIAL

r u les.

Rule one.—The miner shall examine his working place before D u t i e s of
beginning work, and take down all dangerous slate, or otherwise miners.
make it safe by properly timbering it, before commencing to mine
or load coal. He shall examine his place to see whether the fire
boss has left the date marks indicating his examination thereof,
and if said marks can not be found it shall be the duty of the
miner to notify the mine foreman or the assistant mine foreman
of the fact. The miner shall at all times be careful to keep his
working place in a safe condition during working hours.
Should he at any time find his place becoming dangerous from Danger.
gas or roof or from any unusual condition that may arise, he shall
at once cease working and inform the mine foreman or the assist­
ant mine foreman of said danger, but before leaving his place he
shall put some plain warning across the entrance thereto to warn
others against entering into danger.
It shall be the duty of the miner to mine his coal properly be­ Blasting.
fore blasting, and to set sprags under the coal while undermining,
to secure it from falling. After each blast he shall exercise care
in examining the roof and coal, and shall secure them safely be­
fore beginning to work.
He shall order all props, cap pieces, and all other timbers nec­ O r d e r i n g
essary, at least one day in advance of needing them, as provided preps, etc.
for in the rules of the mine. If he fails to receive said timbers,
and finds his place unsafe, he shall vacate it until the necessary
timbers are supplied.
Under no condition shall the miner use coal dust or any other Use of coal
dust, etc., for
combustible material for tamping in any gaseous mine.
When places are liable to generate sudden outbursts of ex­ tamping. gas.
Explosive
plosive gas, no miner shall be allowed to charge or fire shots, ex­
cept under the supervision and with the consent of the mine fore­
man or the assistant mine foreman, or some other competent per­
son designated by the mine foreman for that purpose.
The miner shall remain during working hours in the working Remaining in
place assigned to him by the mine foreman or the assistant mine working place.
foreman, and he shall not leave his working place for another
working place without the permission of the mine foreman, as­
sistant mine foreman, or fire boss, and he shall not wander about
the hauling roads or enter abandoned or idle workings.
Rule tw o.—When a driver has occasion to leave his trip he must Drivers.
be careful to see that it is left, when possible, in a safe place, se­
cure from cars or other dangers, and where it will not endanger
the driver of other trips or other persons.
He must take care while taking his trip down grade to have the
brakes or sprags so adjusted that he can keep the cars under con­
trol, and prevent them from running over himself or others.
He shall not leave any cars standing where they may materially
obstruct the ventilating current, except in case of accident, which
he shall promptly report to the mine foreman or assistant mine
foreman.
He shall not allow any person to ride on loaded mine cars. He
shall not allow any person to drive his horses or mules in his
stead. When it is his duty to open a door for the purpose of
passing his trip through, he shall see that the door is immediately
closed thereafter.
Rule three.—The trip rider shall exercise care in seeing that all Trip riders.
hitchings are safe for use, and that all the trip is coupled before
starting, and should he at any time see any material defect in the
rope, link, or chain he shall immediately remedy said defect, or,
if he is unable to do so, he shall detain the trip and report the
matter to the mine foreman or assistant mine foreman. He shall
not allow any person to ride on the full trip. He shall not allow
any person to ride on the empty trip, except by the authority of



1910

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

the miiie foreman, and the speed shall not exceed six miles an
hour.
Hoisting en- Rule four.— I t shall be the duty of the engineer, who shall be a
g neers.
sober, competent person, over twenty-one years of age, to keep a
careful watch over his engine and all machinery under his charge,
and to see that the steam pressure does not exceed at any time
the limit allowed by the superintendent. He shall make himself
acquainted with the signal codes provided for in this act.
He shall not allow any unauthorized person to enter the engine
house, nor shall he allow any person to handle or run the engine
without the permission of the superintendent.
When workmen are being lowered or raised, he shall take spe­
cial precautions to keep the engine well under control.
Motormenand Rule five.—The motorman or locomotive engineer shall keep a
Sneers^ 6 en"sliarP lookout ahead, and sound the whistle or alarm bell fre­
quently when coming near the parting switches or landings, and
shall not exceed the speed allowed by the mine foreman. He shall
see that the motors, cables, and controlling parts are kept clean
and in a safe operating condition, and that the headlight is burn­
ing properly when the locomotive is in motion. He shall not allow
any person except his attendant to ride on the locomotive or on
the full cars.
Firemen.
Rule six.—Every fireman in charge of a boiler or boilers for
the generation of steam shall keep a careful watch over the same.
He shall see that the steam pressure does not at any time exceed
the limit allowed by the superintendent; he shall frequently try
the safety valve, and shall not increase the weight on the same;
lie shall maintain a proper depth of water in each boiler, and if
anything should happen to prevent this he shall report it without
delay to the superintendent, or other person designated by the
superintendent, and take such other action as may under the cir­
cumstances be necessary for the protection of life and the preser­
vation of property.
Fan engineers. Rule seven.—The engineer in charge of the ventilating fan at a
mine shall keep it running at such speed as the mine foreman
shall direct in writing. He shall report promptly to the mine
foreman or assistant mine foreman any defect in the pressure
gauge; and, in case of accident to the boiler or fan machinery, he
shall immediately notify the mine foreman or the assistant mine
foreman. If only ordinary repairs of the fan or machinery be­
come necessary, he shall await the instructions of the mine fore­
man or assistant mine foreman before stopping the fan. Should
it become impossible to run the fan, or become necessary to stop
it to prevent its destruction, he shall notify at once the superin­
tendent or mine foreman, who shall give immediate warning to
the persons in the mine.
Furnace men. Buie eight.—The furnace man shall be over eighteen years of
age, and shall attend to his duties with regularity, and in case it
is necessary for him to be off duty, for any reason whatever, he
shall give timely notice to the mine foreman.
The furnace man shall at all times keep a clear, brisk fire, and
the fire must not be smothered with coal or slack during working
hours, and he shall not allow ashes to accumulate excessively on
or under the bars or in the approaches to the furnace, and ashes
shall be cooled before being removed.
Hookers-on.
Rule nine.—The hooker-on at the bottom of any slope shall be
over eighteen years of age; and shall be very careful to see that
the cars are properly coupled to a rope or chain, and that the
safety catch or other device is properly attached to the rear car,
before giving the signal to the engineer. He shall not allow any
person to ride up the slope on the full trips, other than the trip
rider.
Cagers.
Rule ten.—The eager at the bottom of any shaft shall be over
eighteen years of age. He shall not attempt to withdraw the car
until the cage comes to a rest; and, when putting the full car on
the cage, he must be very careful to see that the springs or



LABOR LAWS----PENNSYLVANIA— ACTS OF 1911.
catches are properly adjusted so as to keep the car in its proper
place, before giving the signal to the engineer.
Rule eleven.—At every shaft or slope where persons are low­
ered into or hoisted from the mine, a footman (who shall be over
twenty-one years of age), shall be designated by the mine foreman.
H e shall be at his proper place from the time that persons begin
to descend until all persons who may be at the bottom of said
shaft or slope, when quitting work at the end of the day, shall be
hoisted. The footman shall personally attend to the signals, and
see that the provisions of this act in respect to hoisting persons
in shafts or slopes are complied with.
The footman shall not allow any tools to be placed on the same
cage with men or boys, or on either cage when they are being
hoisted out of the mine, except for the purpose of repairing the
shaft or machinery therein. The men shall place their tools in
cars provided for that purpose, which cars shall be hoisted before
or after the men have been hoisted. He shall see that no driver
or other person ascends the shaft with any horse or mule, unless
the said horse or mule is secured in a suitable box or safely
penned, and only the driver in charge of said horse or mule shall
accompany it in any case. The footman shall immediately in­
form the mine foreman of any violation of this rule or of general
rule fifteen.
Buie tw elve.—At every shaft or slope where persons are lowered
into or hoisted from the mine, a topman or trip rider (who shall
be over twenty-one years of age), shall be designated by the super­
intendent or mine foreman. He shall be at his proper place from
the time that persons begin to descend until all the persons who
may be at the bottom of the shaft or slope, when quitting work at
the end of the day, shall be hoisted. The topman or trip rider
shall personally attend to the signals, and see that the provisions
of this act in respect to lowering persons in shafts or slopes are
complied with.
- The topman shall not allow any tools to be placed on the same
cage with men or boys, or on either cage when persons are being
lowered into the mine, except for the purpose of repairing the
shaft or the machinery therein. The men shall place their tools
in cars provided for that purpose, which cars shall be lowered
before or after the men have been lowered.
He shall also see that no driver or other person descends the
shaft with any horse or mule, unless the said horse or mule is se­
cured in a suitable box or safely penned, and only the driver in
charge of said horse or mule shall accompany it in any case.
The topman of a slope or incline plane shall be careful to close
the safety block or other device as soon as the cars have reached
the landing, in order to prevent any loose or runaway cars from
descending the slope or incline plane, and in no case shall said
safety block or other device be withdrawn until the cars are
coupled to the rope or chain and the proper signal given. He
shall carefully inspect each day all the machinery in and about
the check house and the rope used for lowering the coal, and
shall promptly report to the superintendent any defect discovered,
and shall use care in attaching securely the cars to the rope and
in lowering them down the incline. He shall ring the alarm bell
in case of accident, and when necessary immediately set free to
act the drop logs or safety switch.
The topman of a shaft shall see that the springs or keeps for
the cage to rest upon are kept in good working order, and when
taking the full car off he must be careful that no coal or other
material is allowed to fall down the shaft.
It shall be the duty of the topman to report to the superin­
tendent any violation of general rule fifteen of this article.

1911
Footmen.

Topmen.

GENERAL RULES.

Rule one.—No unauthorized person shall enter the mine without


permission from the superintendent.


.E n t e r i n g
nes‘

1912

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

intoxicated Rule tw o.—No person in a state of intoxication shall be allowed
persons.
to
jno or i0i|-er about tlie mine.
.0
Blasters.
R uje three.—No person shall be employed to blast coal, rock, or
slate unless the mine foreman is satisfied that he is qualified by
experience to perform the work with ordinary care.
ia4IlninS pil
f ° ur-—-^° inexperienced person shall be employed to mine
aib‘
out pillars unless in company with one or more experienced miners.
Examining Rule five.—Every workman employed in the mine shall examine
working place. kis working place before commencing work, and after any stop­
page of work during the shift he shall repeat such examination.
n ales.
Rule six .—Every workman, when first employed, shall have his
attention directed by the mine foreman or his assistant to the
Posting.
general and special rules contained in this act. Said rules shall
be posted at a conspicuous place at or near the main entrance to
the mine, and shall be printed in the various languages of the
employees.
Unsafe con- Rule seven.—All employees shall notify the mine foreman or the
cations.
assistant mine foreman of the unsafe condition of any working
place, hauling roads, or traveling ways, or of damage to doors,
brattices or stoppings, or of obstructions in the air passages, when
said conditions are known to them.
Tr a v e l on Rule eight.—No person shall be allowed to travel on foot to
00 *
and from his work on any hoisting slope, incline plane, dilly or
locomotive road, unless no other roads are provided for that
purpose.
Ri d i n g on Rule nine.—No person shall ride upon or against any loaded
loaded c a r ;
car Qr cag0 -n any g ^ ^ or si0pe jn any mine. No person, other
On e m p t y that the trip rider, shall be permitted to ride on empty trips on
cars ’
any slope, incline plane, or dilly road, except as provided for in
other sections of this act.
On full cars. Rule ten.—No person, other than the driver or trip rider, shall
be allowed to ride on the full cars.
Defacing no- Rule eleven.—Any person who shall deface, pull down or detices, etc.
stroy any notice board, danger signal, general or special rules,
record books, or mining laws, shall be prosecuted by the superin­
tendent, on notice given by the mine foreman or obtained from
other sources, as provided for in section two of article twenty-six
of this act.
T a m p e r i n g Rule tw elve.—All persons are forbidden to meddle or tamper
men**1 equip“in any way with any electric or signal wires, or any other equip­
ment in or about the mine.
Amount of Rule thirteen.—No powder or high explosive shall be taken into
powder, etc.
^ mjne at 0ne time, by any one person, in greater quantities
than is required for use in one shift, and the quantity shall never
exceed five pounds, except as provided for in article sixteen, sec­
tion one. All powder shall be carried into the mine in metallic
cans or canisters, or in receptacles of equally safe material.
storage, etc.
Rule fourteen.—No explosive shall be stored in any tipple or
weighing office, and no naked lights shall be used while the at­
tendant is weighing and giving out explosives.
N umb e r of Rule fifteen.—No greater number of persons shall be lowered!
hoisted t0 be 01‘ hoisted
any one time, in any shaft or slope, than is per­
mitted by the inspector, and whenever the said number of persons
returning from work shall arrive at the bottom of the shaft or
slope, in which persons are regularly hoisted or lowered, they
shall be promptly furnished with an empty cage or car and be
hoisted to the surface, and in cases of emergency a less number
than the permitted number shall be promptly hoisted!.
Crowding.
Any person crowding or pushing to get on or off the cage or
car, thereby endangering life, shall be deemed guilty of a misde­
meanor, and the superintendent shall discharge or prosecute him
in accordance with section two of article twenty-six of this act,
when the matter is reported to him by the topman or footman.
Use of safety Rule sixteen.—No safety lamp shall be entrusted to any person,
lamps.
for l|ge in a mjne> until said person has given satisfactory evi­
dence to the mine foreman that he understands the proper use
thereof and the danger of tampering with the same.



LABOR LAWS— PENNSYLVANIA— ACTS OF 1911.

1913

Rule seventeen.—No one except a person duly, authorized by Keysthe mine foreman shall have in his possession a key or other in­
strument for the purpose of unlocking any safety lamp, in any
mine where locked safety lamps are used. Other persons than
those duly authorized by the mine foreman having keys or other
instruments for the opening of safety lamps shall be prosecuted
by the superintendent, in accordance with section two of article
twenty-six of this act.
Rule eighteen.—In the cutting of clay veins, spars, or faults, Bore holes,
entries or other narrow workings, going into the solid coal, in
mines wherein explosive gas is generated in dangerous quantities,
a bore hole shall be kept not less than three feet in advance of
the face of the work, or three feet in advance of any shot hole
drilled for a blast to be fired in.
Rule nineteen.—An accumulation of gas in a mine shall not be Brushing gas.
removed by brushing, or when persons in the mine may be endan­
gered thereby.
Rule tw enty.—When gas is ignited by a blast, or otherwise, the ignited gas.
person having charge of the place where the said gas is ignited,
shall immediately extinguish it, if possible, and if unable to do so
he shall immediately notify the mine foreman or the assistant
mine foreman of the fact. Miners must see that no gas blowers
are left burning upon leaving their working places. It shall be
the duty of the superintendent to notify the inspector of any
violation of this rule, and the inspector shall then prosecute as
provided for in section two of article twenty-six of this act.
Rule twenty-one.—When a miner or shot firer is about to fire a N o t i c e of
blast he shall be careful to notify all persons who may be en- blastdangered thereby, and shall give sufficient alarm so that any
person approaching may be warned of the danger.
Rule twenty-two.—Whenever a miner or shot firer shall open a opening box
box containing powder or other explosives, or while in any manner of explosives,
handling the same, he shall first place his lamp not less than five
feet from such explosive and in such a position that the air cur­
rent can not convey sparks to the explosive, and he shall not smoke
while handling explosives.
Rule tiventy-three.—In charging and tamping a hole for blast- Tamping bar.
ing no person shall use any iron or steel needle. The charger or
tamping bar shall be of wood or tipped with copper.
Rule twenty-four.—No explosive shall be forcibly pressed into a F o r c i n g
hole that is of insufficient size, and when a hole has been charged charges,
the explosive shall not be taken out, and no hole shall be bored
for blasting at a distance of less than twelve inches from any hole
when the charge has misfired.
Rule twenty-five.—In gaseous mines, shot firers or other persons Tamping macharging holes for blasting shall use incombustible material for teriai.
tamping. All holes before being fired shall be solidly tamped the
full length of the hole. Any person who violates this rule shall
be deemed guilty of a misdemeanor.
Rule twenty-six.—Every abandoned slope, shaft, air hole, or A b a n d o n e d
drift shall, when so abandoned, be properly fenced around o r slopes, etc.
across its whole entrance.
Buie twenty-seven.—No person shall go into an old or aban- unauthorized
doned portion of any mine, or into any other place that is not use of ways,
in actual course of working, without permission from the mine
foreman, and no person shall travel to and from his work except
by the traveling way assigned for that purpose. It shall be the
duty of the mine foreman to prosecute all persons who violate
this rule, in accordance with section two of article twenty-six of
this act.
Rule twenty-eight.—Workmen and all other persons are ex- injuring airpressly forbidden to commit any nuisances, or throw into, deposit ways, etc.
or leave coal or dirt, stones or other rubbish, in the airway or
road, so as to interfere with, pollute, or hinder the air passing
into and through the mine.
. Rule twenty-nine.—No steam pipes, through which high pres- steam pipes,
sure
 steam is conveyed for the purpose of driving pumps or other


1914

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

machinery, shall be laid on traveling or haulage ways, unless
they are encased in asbestos or some other suitable nonconducting
material, or so placed that the radiation of heat into the atmos­
phere of the mine w ill be prevented as far as possible.
Use of steam
Rule th irty.—When a steam locomotive is used for the purpose
locomotives.
of hauling coal out of a mine, the tunnel or tunnels through which
the locomotive passes shall be properly ventilated and kept free
as far as practicable of noxious gases, and a ventilating appa­
ratus shall be specially provided by the operator to produce such
ventilation.
Signals.
Buie thirty-one.—In all shafts and slopes, where persons, coal,
and other -materials are hoisted by machinery, the following code
of signals shall be u sed :
One rap or whistle—to hoist coal.
One rap or whistle—to stop car or cage when in motion.
Two raps or whistles—to lower car or cage.
Three raps or whistles—to hoist persons. The engineer shall
signal back when ready, after which the person shall get on the
car or cage, and then one rap or whistle shall be given to hoist.
Four raps or whistles—to turn on steam to the pumps.
Carrying
Buie thirty-two.—No person shall carry any matches, pipes, or
matches, etc.
other smokers’ articles into a mine, or portion of a mine, worked
exclusively with locked safety lamps, nor shall he have any of
said articles in his possession w’hile in such a mine.
Medical treat­ Buie thirty-three.—If any person shall receive any injury in or
ment.
about the mine, and the same shall come within the knowledge
of the mine foreman, and if he shall be of the opinion that the
injured person requires medical or surgical treatment, he shall see
that said injured person receives treatment, and in case of in­
ability of such person to pay therefor the expense shall be borne
by the county.
Rules, forms, Buie thirty-four.—The special and general rules in the various
etc.
languages, and all books, blank forms, and notices mentioned in
this act, shall be printed at the expense of the State, and shall be
furnished to the operators by the department of mines, through
the inspectors, and all record books shall at all times be accessible
to the inspector.
Violations.
Buie thirty-five.—Every person who contravenes or does not
comply with any of the special and general rules in this act shall
be deemed guilty of a misdemeanor.
A r ticle XXVI.
Injuring ap­ S ec tio n 1. Any person who shall intentionally or carelessly in­
paratus, etc.
jure any safety lamp, instrument, air course or brattice, or without

proper authority handle, remove or render useless any fencing,
means of signaling, apparatus, instrument or machinery, or shall
obstruct or throw open airways, or enter a place in or about a
mine against caution, or carry fire, open lights, matches, pipes
and other smokers’ articles beyond any station inside of which
locked safety lamps are used, or open a door in the mine and not
close it immediately, or open any door the opening of which is
forbidden, or disobey any order given in carrying out the provi­
sions of this act, or do any other act whatsoever, wT
hereby the
lives or the health of the persons employed, or the security of
the mine or the machinery, are endangered, shall be deemed
guilty of a misdemeanor, and shall be punished as provided in
section two of this article.
N e g l e c t of
Sec. 2. Any person who neglects or refuses to perform the
duties.
duties required of him by this act, or who violates any of the
provisions or requirements thereof, shall be deemed guilty of a
misdemeanor, and shall upon conviction thereof, in the court of
quarter sessions of the county in which the misdemeanor was
committed, be punished by a fine not exceeding two hundred dol­
lars, or imprisonment in the county jail for a period not exceeding
three months, or both, at the discretion of the court. Any viola


LABOR LAWS----PENNSYLVANIA— ACTS OF 1911.

1915

tion of this act which has been declared to be a misdemeanor
by any part thereof shall be punished in like manner.
A rticle XXVII.
S ection 1. Whenever a fatal accident occurs in or about any
Accidents,
mine, or whenever an explosion or other serious accident of an
unusual nature occurs, whether fatal or not, it shall be the duty
of the mine foreman or superintendent in charge of such mine
to give notice thereof forthwith, by telephone or telegraph, to the
inspector, and also to the coroner of the county, if any person is Deaths,
killed.
S ec . 2. If the coroner shall determine to hold an inquest he C o r o n e r ’s
shall notify the inspector of the time and place of holding the
same, and the inspector shall offer such testimony as he may
deem necessary to thoroughly inform the said inquest of the
cause of the death. He shall also have authority at any time
to appear before such coroner or jury and examine or cross-ex­
amine any witness. No person who is directly or indirectly inter- . Eligibility of
ested or employed in any capacity by the person, persons or com- Jurors*
pany owning or operating such mine, or employed in or about any
other mine in which such owners or operators may be interested,
shall be competent to serve upon such coroner’s jury.
Sec. 3. It shall be the duty of the inspector, upon being noti- Duty of infied of any fatal accident as hereinbefore provided, to proceed spector.
in person as soon as practicable to the scene of the accident, and
make such suggestions or give such directions as may appear to
him necessary to secure the safety of any person who may still be
endangered through said accident. W hether or not the results I n v e s t i g a T
of the accident require an investigation by the coroner, the said tioninspector shall proceed to investigate and ascertain the cause of
the accident, and make a record thereof, which he shall file as
provided for; and to enable him to make the investigation he
shall have power to compel the attendance of persons to testify,
and also to administer oaths or affirmations. If it is found, upon
investigation, that the accident is due to the violation of any of
the provisions of this act by any person other than those who may
be deceased, the inspector shall institute proceedings against
such person or persons as provided for in section two of article
twenty-six of this a ct
S ec. 4. The cost of such investigation shall be paid by the Costs,
county in which the accident occurred, in the same manner as
costs of inquests held by coroners or justices of the peace are
paid.
A rticle XXVIII.
S e c tio n 1. Should a mine, or a portion of a mine, that has at C h a n g e i n
any time generated explosive gas in quantities sufficient to be mine to non­
detected by an approved safety lamp, after the passage of this gaseous*
act not so generate explosive gas during any one period of one
year, then such mine, or portion of a mine, shall not be governed
or controlled by the provisions of this act for mines or portions
of mines generating explosive gas.
S ec . 2. The provisions of this act as to mines, or portions of A p p lica tio n
a mine, generating explosive gas in quantities sufficient to b e o£ act*
detected by an approved safety lamp, shall not apply to any mine
wherein explosive gas is being generated only in live entries.
S ec. 3. The provisions of this act shall not apply to any mine
E x e m p t
employing less than ten persons inside the mine, in any o n e mines*
period of twenty-four hours.

Mine regulations—Construction of inside ’ uildings.
b
(Tage 979.)
S ection 1. Within six months after the approval of this act, all
JJ.r ®proof
buildings inside of any coal mine in Pennsylvania, including huiiaings.




1916

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

Violations.

engine houses, pump houses, stables, et cetera, shall be constructed
of incombustible material, approved in writing by the chief of
the department of mines: Provided, however, That the time may
be extended by the chief of the department of mines, for a period
not exceeding six months, upon sufficient cause shown by any per­
son, firm, or corporation, of inability to comply with the provisions
of section one as to the time therein specified.
S ec . 2. Any company failing to comply with section one of this
act shall be subject to a penalty of five hundred dollars, to be re­
coverable by the Commonwealth as debts of like amount are now
by law recoverable. Any superintendent of a coal mine failing
to comply with section one of this act shall be deemed guilty of
a misdemeanor, and upon conviction shall be sentenced to pay a
fine of one hundred dollars, or undergo imprisonment in the
county jail for a period of ten days, or both, at the discretion of
the court.
Railroads—Sufficient crews for trains.
(Page 1053.)

Crew for
S ec t io n 1. It shall be unlawful for any railroad company, its
freight trains, officers or agents, officers of the court, receiver, or any person or

persons doing business in this Commonwealth, to run or operate
over its road, or any part of its road, or permit to be run or op­
erated over its road or any part of its road, any freight train conT h i r t y or sisting of more than thirty (30) freight or other cars, exclusive
more cars.
of caboose and locomotive, with a train crew consisting of less
than six (6) persons, to wit, one engineman, one fireman, one
conductor, one flagman, and two brakemen.
S ec . 2. It shall be unlawful for any railroad company, its offi­
cers or agents, officers of the court, receiver, or any person or
persons doing business in this Commonwealth, to run or operate
over its road, or any part of its road, or permit to run or operate
over its road or any part of its road, any freight train consisting of
L e s s than less than thirty (30) freight or other cars, exclusive of caboose
th irty cars.
anc| locomotive, with a train crew consisting of less than five (5 )
persons, to wit, one engineman, one fireman, one conductor, one
flagman, and one brakeman.
Passenger
S ec. 3. It shall be unlawful for any railroad company, its offitrains of not cers or agents, officers of the court, receiver, or any person or percarf
sons doing business in this Commonwealth, 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 passen­
gers, consisting of not more than three (3 ) passenger coaches and
one baggage car, with a train crew consisting of not less than five
(5 ) persons, to wit, one engineman, one fireman, one conductor,
one baggageman, and one flagman. This not to include the train
porters or Pullman employees.
S tatute conS e c . 4. Nothing in this act shall be so construed as to make it
strued.
apply to any train carrying passengers, consisting of three or
less cars: Provided, That nothing in this act shall be so construed
to prevent the increasing of the number of men upon trains as set
forth herein.
Passenger
S ec. 5. It shall be unlawful for any railroad company, its offitrains of five C
ers or agents, officers of the court, receiver, or any person or per°r more cars; sons doing business in this Commonwealth, 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 four (4) or more passenger coaches and one baggage
car, with a crew of less than six (6) men, to wit, one engineman,
one fireman, one conductor, one baggageman, one brakeman, one
flagman; this not to include the train porters or Pullman em­
ployees.
W ithout bagS ec . 6. It shall be unlawful for any railroad company, its offigage car.
cers or agents, officers of the court, receiver, or any person or per­
sons doing business in this Commonwealth, to run or operate over




LABOR LAWS— PENNSYLVANIA— ACTS OF 1911.
its road, or any part of its road, or iDermit to be run or operated
over its road or any part of its road, any train consisting of four
or more passenger, express, or mail cars, with a crew consisting of
less than five (5) men, to wit, one engineman, one fireman, one
conductor, one brakeman, one flagman; this not to include the
train porters or Pullman employees.
S ec . 7. It shall be unlawful for any railroad company, its offlcers or agents, officers of the court, receiver, or any person or per­
sons doing business in this Commonwealth, to run or operate over
its road, or part of its road, or permit to be run or operated over
its road or any part of its road, any train consisting of United
States mail, or express, cars, without the rear end of the rear car
so equipped, with exit free from obstruction, platform of thirty
inches in width, guardrails and steps, also heating appliances to
maintain a temperature of sixty-five degrees.
S ec . 8. Any railroad company, its officers or agents, officers of
the court, receiver, or any person or persons operating a railroad,
violating any of the provisions of this act, shall be guilty of a
misdemeanor, and liable to a penalty of one hundred ($100) dol­
lars for each and every such violation, to be recovered with costs
as debts are now by law recoverable, by a suit in the name of the
Commonwealth, 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 manufacturers,
made up of hot metal ladles, ingots, slag, or table trucks.

1917

Rear car-

Violations,

This act is w ithin the police power of the State, and does not impose a
burden on in terstate commerce. I t does not take property w ithout due
process of law, and is constitutional. 88 Atl. 775.

ACTS OF 1913.
No. 76.—Payment of wages—Semimonthly pay day.
S ectio n 1. Unless otherwise stipulated in the contract of hiring, Semimonthly
each person, .firm, or corporation employing any person, other than Pa^ da^at an annual salary, shall pay to such person his or her earnings
or wages semimonthly. The first payment shall be made between
the first and fifteenth day of each month, and the second payment
shall be made between the fifteenth and the last day of each
month.
S ec . 2. Any person, firm, or corporation that shall violate any Violation,
of the provisions of this act shall be guilty of a misdemeanor, and
upon conviction thereof before any alderman, magistrate, or
justice of the peace of the proper county shall be sentenced to
pay a fine not exceeding one hundred dollars ($100).
S ec . 3. Nothing in this act shall prohibit the payment of wages Effect,
or earnings oftener than semimonthly.

No. 80.—Mothers' pensions—Aid for children.
S ec t io n 1. On and after the passage of this bill, and its ap- Provision for
proval by the governor of the Commonwealth, the chief executive suPP°r t shall appoint not less than five and not more than seven women,
residents of each county desiring to avail itself of the provisions
of this act, to act as trustees, in whom shall be intrusted the carry­
ing into effect the provisions of this act, to provide monthly pay­
ment, as approved by the trustees, to indigent, widowed, or aban­
doned mothers, for partial support of their children in their own
homes; such payment to be made direct tcf the recipient by the
State treasurer, upon warrants drawn by the auditor general,
and direct to the recipient by the county treasurer. Such pay­
ments to continue at the will of the trustees, but not beyond the
time that the law will permit a child to secure employment.
S ec . 2. The administration of this act shall lie solely in the A d m in istra hands of the trustees appointed annually by the governor. They tion*
shall serve without pay; but shall be permitted to charge for
traveling expenses, in making investigations of cases before a final




1918

BULLETIN OF THE BUREAU OF LABOK STATISTICS.

recommendation is made to the auditor general and county treas­
urer. The trustees shall provide a headquarters and appoint an
investigator, and a stenographer (if necessary), also suitable
furnishings, stationery, and postage; but at no time shall the
Expenses.
yearly expense be more than three thousand dollars for counties
with cities of the first class, twenty-four hundred dollars for
counties with cities of the second class, eighteen hundred dollars
for counties with cities of the third class, and twelve hundred
dollars for counties other than the aforesaid classes, with the ex­
ception of the first year, when the trustees shall be permitted to
expend an additional sum of not more than five hundred dollars,
if necessary, for furnishings. In order to carry the provisions of
this act into effect an appropriation of two hundred thousand
dollars, from moneys not otherwise appropriated, is hereby made :
* * * Provided, however, That no county, through their trus­
Proviso.
tees or otherwise, shall receive their allotment of the State’s
appropriation unless an equal amount has been provided by the
government of such county desiring the benefits under this act.
Regulations.
Sec. 3. The trustees shall in no case recommend payment to any
widow or abandoned mother until they are thoroughly satisfied
that the recipient is worthy in every way, and that, in order to
keep her children in her own home, a monthly payment is neces­
sary; but then only upon satisfactory reports from a teacher in
the district school, stating that the child or children of the re­
cipient of this fund are attending school, provided they are of
proper age and physically able to do so. The combined total maxi­
Amount.
mum payment shall not exceed twelve dollars per month for one
child, twenty dollars per month for two children, twenty-six dol­
lars per month for three children, and five dollars per month for
each additional child. These payments to continue at the will of
the trustees, but not beyond the time that the law w ill permit a
child to secure employment.
R e s i d e n tial
S ec. 5. No family shall be a beneficiary under this act unless
requirement.
the mother has been a continuous resident of the county, in
which she is applying for the benefits under this act, for a period
of three years.
S ec. 6. Any person securing an allowance not entitled thereto
Violation.
shall be declared guilty of a misdemeanor, and shall be punished
by a fine of not more than five hundred dollars, or imprisonment
for not more than one year, or both, as the court may decide.
Report.
Sec. 7. A detailed report of the number of beneficiaries, the
amount expended, the advantages and disadvantages of the sys­
tem, improvements and recommendations, shall be made by the
trustees to the members of the general assembly, at the beginning
of the session of one thousand nine hundred and fifteen.
No. 92.—Employment of children—Vocational education.
Definitions.




Section 1. The following words and phrases as used in this act
shall, unless a different meaning is plainly required by the con­
text, have the following meaning:
1. “ Vocational education ” shall mean any education, the con­
trolling purpose of which is to fit for profitable employment.
2. “ Industrial education ” shall mean that form of vocational
education which fits for the trades, crafts, and manufacturing
pursuits, including the occupations of girls and women, carried
on in workshops.
3. “Agricultural education ” shall mean that form of vocational
education which fits for the occupations connected with the tillage
of the soil, the care of domestic animals, forestry, and other wageearning or productive work on the farm.
4. “ Household arts education ” shall mean that form of voca­
tional education which fits for occupations connected with the
household.
5. “ Industrial, agricultural, or household arts school or depart­
ment,” or “ vocational school or department,” shall mean a dis­
tinctive organization of courses, pupils, and teachers approved

LABOR LAWS— PENNSYLVANIA— ACTS OF 1913.

1919

by the State board of education, designed to give their indus­
trial, agricultural, or household arts education, as herein defined.
6. “ Evening class,” in an industrial agricultural school or de­
partment, shall mean a class giving such training as can be taken
by persons already employed during the working-day, and which,
in order to be called vocational, must in its instruction deal with
the subject matter of, and be so carried on as to relate to, the day
employment.
7. “ Evening class,” in a household arts school or department,
shall mean a class giving training in home making to girls or
women, over fourteen years of age, however they may be em­
ployed or engaged during the day.
8. “ Part-time or continuation class,” in an approved agricul­
tural or household arts school or department, shall mean a voca­
tional class for persons giving a part of their working-time to
profitable employment, and receiving in the part-time school or
department instruction complementary to the practical work car­
ried on in such employment. To give “ a part of their working
time ” such persons must give part of each day, week, or longer
period, to such part-time class during the period in which it is in
session.
9. “ Household arts school or department ” shall mean a voca­
tional school designed to develop, on a vocational basis, the capac­
ity for household work, such as cooking, household service, and
other occupations in the household.
Sec. 2. (1) The State board of education is hereby authorized Supervision,
and directed to investigate, and to aid in the introduction of,
industrial, agricultural, and household arts education; to assist in
the establishment of schools and departments for the aforesaid
forms of education, and to inspect and approve such schools or
departments as are hereinafter provided. The State board of ed­
ucation shall make a report annually to the governor and legis­
lature describing the condition and progress of industrial, agri­
cultural, and household arts education during the year, and mak­
ing such recommendations as the board may deem advisable.
(2 ) The State superintendent of public instruction shall be the State superinexecutive officer of the State board of education for the ad- minister
ministration of this act. He shall appoint, from time to time,
with the approval of the State board of education, such expert
assistants, other than those already provided for by law, as may Assistants,
be necessary in industrial, household arts, or agricultural educa­
tion, and all clerical and other agents necessary in carrying out
the provisions of this act.
Sec. 3. In order that instruction in the principles and the prac- Classes,
tice of arts may go on together, industrial, agricultural, and
household arts schools or departments may offer instruction in
day, part-time, and evening classes. Attendance upon such day, Age limit,
evening, or part-time classes shall be restricted to those over
fourteen.
Sec. 4. Any school district may, through its board of school di- ^ocai adminrectors, establish and maintain industrial, agricultural, and house- istratlon*
hold arts schools or departments.
Sec. 5. Two or more districts may; as provided in article Jo in t schools,
eighteen, sections one thousand eight hundred and one to one
thousand eight hundred and eight, inclusive, of the School Laws
of Pennsylvania of one thousand nine hundred and eleven, * * *
through a joint school committee, establish and maintain indus­
trial, agricultural, or household arts schools or departments, to be
known as joint vocational schools or departments.
Sec. 6. Local school boards and joint school committees adminis- Advisory comtering approved industrial, agricultural, or household arts schools mltteeor departments, may, under a plan to be approved by the State
board of education, appoint an advisory committee composed of
members representing local trades, industries, and occupations.
It shall be the duty of such a committee to counsel with and
advise the local or joint board of trustees, and other school
officials, having the management and supervision of such schools.




1920

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

S ec. 7. (1 ) Any resident of any scliool district in Pennsylvania which does not maintain an approved industrial, agricul­
tural, or household arts school or department, offering the type
of training which he desires, may make application to the school
board of any other district for admission to such school or depart­
ment maintained by said board. In case said board refuses him
admission, he may apply to the State board of education for ad­
mission to such school or department. The State board of educa-*
tion—decision of which shall be final—may approve or disapprove
such application. In making such decision the State board of
education shall take into consideration the opportunities for free
vocational training in the community in whch the applicant re­
sides, the financial status of the community, the age, sex, prepara­
tion, aptitude, and previous record of the applicant, and all other
relevant circumstances.
T uition fee.
(2) The school district in which the person resides, who has
been admitted, as above provided, to an approved industrial, agri­
cultural, or household arts school or department maintained by
another school district, shall pay a tuition fee, to be determined
after the same manner provided for the high schools in article
seventeen, section one thousand seven hundred and eleven, of
the School Laws of Pennsylvania, for one thousand nine hundred
and eleven, * * * and the Commonwealth shall reimburse
such school districts, as provided for in this act. If any school
district neglects or refuses to pay for such tuition it shall be
liable therefor, in an action of contract, to the school district or
school districts maintaining the school which the pupil, with the
approval of the board, attended.
Approved
S ec . 8. Industrial, agricultural, and household arts schools or
schools.
departments shall, so long as they are approved by the State
board of education as to organizations, control, location, equip­
ment, courses of study, qualifications of teachers, methods of in­
struction, conditions of admission, employment of pupils, and ex­
penditures of money, constitute approved local or joint vocational
schools. School districts maintaining such approved local or joint
vocational schools or departments shall receive reimbursement as
hereinafter provided.
R e im b u rse S ec . 9. (1) The Commonwealth, in order to aid in the maintement.
nance of approved local or joint industrial, household arts, and
agricultural schools or departments, shall, as provided in.this act,
pay annually from the treasury to school districts and unions of
school districts, maintaining such schools or departments, an
amount equal to two-thirds the sum which has been expended
during the previous school year by such a school district, or dis­
tricts, for instruction in practical subjects and in such related
technical and academic subjects as may be necessary to complete
well-rounded courses of training: Provided, No one school district
shall receive more than five thousand dollars in any one school
year.
(2)
School districts that have paid claims for tuition in ap­
proved local or joint vocational schools or departments shall be
reimbursed by the Commonwealth, as provided in this act, to the
extent of one-half the sum expended by such school districts in
payment of such claims.
Non resident

pupiis.

*

sis

*

*

*

No. 190.—Fire escapes on factories, etc.
Exits to be
S e c t io n 1. All exits to external fire escapes shall be by means
fireproof.
0f d00rs of fireproof construction, in which doors there may be

Violation.

placed wire glass, if glass is required for lighting the interior;
and all windows, hereafter opening upon, over, or under external
fire escapes, shall be of fireproof construction, with wire glass
therein, and with metal fireproof frames around the windows.
Sec. 2. Every person, firm, or corporation, trustee, board of
education, and board of school directors, or any person or persons




LABOR LAWS— PENNSYLVANIA— ACTS OF 1913.

1921

having charge, either as agents, trustees, or as a commission, hav­
ing charge of any building, neglecting or refusing to comply with
section one of this act, shall be deemed guilty of a misdemeanor,
punishable by a fine of not more than three hundred dollars, or an
imprisonment for not more than two months, or either or both,
within the discretion of the court: Provided, That nothing in
this act shall interfers [interfere] with fire escapes, now in use,
approved by the proper authorities.
No. 267.—Department of labor and industry.
Section 1. There is hereby established a department of labor D e p a rtm e n t
and industry, the head of which shall be a commissioner of of labor and in­
dustry.
labor and industry, who shall be appointed by the governor, Commissioner.
by and with the consent of the senate, and who shall hold office
for the term of four years from the date of his appointment, and
who shall receive an annual salary of eight thousand dollars
($8,000), and shall appoint, and may at pleasure remove, all
officers, clerks and other employees of the department of labor
and industry except as herein otherwise provided.
Sec. 2. The commissioner of labor and industry shall forth­ Chief inspec­
with appoint, upon entering upon the duties of his office, one tor.
chief inspector of the department of labor and industry, who
shall receive a salary of five thousand dollars ($5,000) a year,
and who shall, during the absence or disability of the commis­
sioner of labor and industry, possess all the powers and perform
all the duties of the said commissioner, except the power to make
appointments, and who, in addition to his duties prescribed by
this act, shall perform such other duties and possess such other
powers as the commissioner of labor and industry shall prescribe.
Sec. 3. The office force of the department, excluding that of the A ssistants.
different bureaus, shall be a chief clerk at an annual salary of
two thousand dollars ($2,000) ; two copying clerks, at an annual
salary of fifteen hundred dollars ($1,500) each; a stenographer,
who shall be a typewriter, at an annual salary of fifteen hun­
dred dollars ($1,500) ; and a messenger, at an annual salary of
twelve hundred dollars ($1,200).
Sec. 4. The department of labor and industry shall be divided Bureaus.
into three bureaus, as follows:—
1. Bureau of inspection;
2. Bureau of statistics and information;
3. Bureau of arbitration,—
together with such other bureaus as the commissioner of labor
and industry may deem necessary, and shall, with the consent of
the governor, from time to time, establish.
Sec. 5. The commissioner of labor and industry shall establish B r a n c h of­
and maintain branch offices in the cities of Philadelphia and P itts­ fices.
burgh, and in such other cities of the Commonwealth as he may
deem advisable. Such branch offices shall, subject to the supervi­
sion and direction of the commissioner of labor and industry,
be in immediate charge of such officers or employees as the said
commissioner may designate; and the reasonable and necessary
expenses of such offices shall be paid as are the other expenses
of the said department of labor and industry.
Sec. 6. The attorney general shall have authority to employ, Attorney.
and may at pleasure remove, an attorney of the Commonwealth
of Pennsylvania, who shall represent the department of labor
and industry, and shall take charge of and assist in the prosecu­
tion of actions and proceedings brought by or on behalf of the
said commissioner, or of the said department, and who shall
act, generally, as legal adviser to the said commissioner. Such
counsel shall receive an annual salary of three thousand dollars
($3,000), to be paid out of the appropriation made to said depart­
ment. The commissioner of labor and industry shall have fur­
ther power to employ attorneys and counsellors at law, to be
 39387°— Bull. 148, pt 2—14------45


1922

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

designated by tlie attorney general, to assist the counsel in special
actions or proceedings, or generally in performance of his duties.
The said commissioner of labor and industry may purchase
such supplies and materials as may be necessary in carrying on
the work of his department.
B u r e a u of S ec . 7. The bureau of inspection, subject to the supervision of
Inspection.
commissioner of labor and industry, shall have charge of all
inspections made pursuant to the provisions of this act, and shall
perform such other duties as may be assigned to it by the com­
missioner of labor and industry. The said bureau shall be under
the charge of the chief inspector, hereinabove provided for, subject
to the supervision and direction of the commissioner of labor and
industry.
There may be in the said bureau fifty-eight inspectors, divided
into four grades, as follow s:—
inspectors.
1. Inspectors of the first grade,—of whom there may be fifty in
number, and not less than five of whom shall be women, and such
additional inspectors a s the commissioner may deem necessary
and proper to appoint, from time to time, each of whom shall re­
ceive an annual salary of one thousand five hundred dollars
($1,500).
2. Inspectors of the second grade,—of whom there shall be two
in number, and who shall act as supervising inspectors, with
offices at the cities of Philadelphia and Pittsburgh, respectively.
Each of said inspectors shall receive an annual salary of two
thousand five hundred dollars ($2,500).
3. Inspectors of the third grade,—of whom there shall be two,
one of whom shall be a woman, and both of whom shall be physi­
cians, duly licensed to practice medicine in Pennsylvania, and
who shall act as medical inspectors, and each of whom shall re­
ceive an annual salary of two thousand five hundred dollars
($2,500).
4. Inspectors of the fourth grade,—of whom there shall be four,
one of whom shall be a physician, duly licensed to practice medi­
cine in the State of Pennsylvania; and who shall be chief medical
inspector; one of whom shall be a mechanical engineer, and ex­
pert in ventilation and accident prevention; one of whom shall
be a chemical engineer; and one of whom shall be a civil engineer,
and expert in fire prevention and building construction. Each of
the inspectors of the fourth grade shall receive an annual salary
of three thousand dollars ($3,000).
D istricts.
S ec . 8. The commissioner of labor and industry shall, from
time to time, divide the State into districts; and shall assign to
such districts such inspectors and supervising inspector as may,
in his judgment, appear expedient; and shall, from time to time,
assign and transfer such inspectors from one district to any
other district, or to special duty in any bureau of the said depart­
ment ; and may assign an inspector to inspect any special class of
factories or establishments, and may assign one or more of them
to act as clerks in any office of the department.
Inspections.
The commissioner of labor and industry shall visit and in­
spect, or cause to be visited and inspected, during reasonable
hours and as often as practicable, every room, building, or place,
where and when any labor is being performed which is affected
by the provisions of any law of this Commonwealth or of this
act, and shall cause to be enforced therein the provisions of all
such existing law s and of this act, and the rules and regulations
of the industrial board hereinafter provided for.
A c c e s s to The commissioner of labor and industry and all inspectors
premises.
may, in the discharge of their duties, enter any such place, build­
ing, or room, whenever they have reasonable cause to believe that
any such labor is being or w ill be performed therein.
Medical in- S ec . 9. The inspectors of the third grade shall, together with the
spection.
chief medical inspector, hereinabove provided for, inspect* all
rooms, buildings, and other places subject to the provisions of this
act, throughout the State, with respect to the conditions of work
affecting the health of persons employed therein, and shall perform




LABOR LAWS— PENNSYLVANIA— ACTS OF 1913.

1923

such other duties and render such other service as the commis­
sioner of labor and industry shall direct.
S ec. 10. The inspectors of the fourth grade shall constitute a
Division of
division of industrial hygiene, which shall be under the immedi- industrial hyate charge of the commissioner of labor and industry. xhegiene*
members of the division of industrial hygiene shall make special
inspections of factories and mercantile establishments, and all
rooms, buildings or other places subject to the provisions of this
a c t; and shall conduct special investigations, throughout the Com­
monwealth of Pennsylvania, relative to industrial processes and
conditions. The members of such division shall prepare material
for leaflets and bulletins, calling attention to dangers in par­
ticular industries and the precautions to be observed to avoid
them, and shall perform such other duties and render such
other services as may be required by the commissioner of labor
and industry. Each member of said division shall make an an­
nual report to the commissioner of labor and industry, which
shall be transmitted to the legislature as part of the annual re­
port of said commissioner.
S ec . 11. The bureau of statistics and information shall be Bureau of staunder the immediate charge of a chief of the bureau, subject to tistics and inthe direction and supervision of the commissioner of labor and in- form ation,
dustry, who shall receive an annual salary of three thousand
dollars ($3,000). There shall also be in the office of said bureau
an assistant, who shall receive a salary of two thousand five
hundred dollars ($2,500); one statistician, at an annual salary o f
two thousand dollars ($2,000) ; one filing clerk and one copying
clerk, at an annual salary of fifteen hundred dollars each; and
three collectors of statistics, who shall receive an annual salary
of fifteen hundred dollars ($1,500) each. It shall be the duty of
said bureau to keep in touch with labor in the Commonwealth,
especially in relation to commercial, industrial, physical, edu­
cational, social, moral, and sanitary conditions of wage earners
of the Commonwealth, and to the productive industries thereof;
also, to collect, assort, publish, a n d systematize the details and
general information regarding industrial accidents and occu­
pational diseases, their causes and effects, and the methods of
-preventing and remedying the same, and of providing compen­
sation t h e r e f o r ; a lso , to make i n q u ir y a n d in v e s tig a tio n into
the condition, welfare, and industrial opportunities of all aliens
arriving and being within the State, and to gather informa­
tion with respect to the supply of labor afforded by such aliens,
and ascertain the occupations for which such aliens may be best
adapted, and to bring about communication between the aliens
and the several industries requiring labor; and to collect, assort,
and publish statistical details and general information relative
thereto.
The chief, or duly authorized deputy, shall have power to issue Powers,
subpoenas, administer oaths, and take testimony in all matters re­
lating to the duties herein required of said bureau. Any corpora­
tion, firm, or individual doing business within the Commonwealth,
who shall neglect or refuse for thirty days to answer questions
by circular or upon personal application, or who shall refuse to
obey the subpoena and give testimony according to the provisions
of this act, shall be liable to a penalty of one hundred dollars, to
be collected by order of the commissioner of statistics in an
action of debt, in which the Commonwealth of Pennsylvania shall
be plaintiff. This bureau shall also be required to collect, com­
pile, and publish annually, the productive statistics of manufactur­
ing, commercial, and other business interests of the State.
S ec . 12. There is hereby created and established in the depart- i n d u s t r i a l
ment of labor and industry an industrial board, to consist of the board,
commissioner of labor and industry, and four additional mem­
bers, to be appointed by the governor, by and with the consent of
the senate,—one of whom shall be an employer of labor, one a
wage earner, and one a woman. The said additional members
shall be designated by the governor to serve until the first day




1924

BULLETIN OF THE BUREAU OP LABOR STATISTICS.

of January iu the years one thousand nine hundred and fifteen,
one thousand nine hundred and sixteen, one thousand nine hun­
dred and seventeen, and one thousand nine hundred and eighteen,
respectively. Upon the expiration of each of the said terms, the
term of office of each associate member thereafter appointed shall
be four years, from the first of January. The commissioner of
labor and industry shall be the chairman of the said board.
Vacancies shall be filled by appointment, for an unexpired term,
in the same manner as provided for the appointments of the previ­
ous holders of the office in which said vacancy occurs.
Compensation.
The commissioner of labor and industry shall receive no ad­
ditional compensation for services as member of the said board.
The four associate members shall each receive a compensation of
ten dollars ($10.00) per day, and expenses actually and neces­
sarily incurred while engaged in the performance of their duties.
Secretary.
The board shall appoint, and may remove, a secretary, who
shall receive a salary to be fixed by the board. The commissioner
of labor and industry shall detail, from time to time, to the
A ssistants, assistance of said board, such employees of the department of
labor and industry as the board may require. In aid of its work,
the said board is empowered to employ experts for special and
occasional services. The counsel to the department of labor and
industry shall act as counsel to the board, without additional
compensation.
Meetings.
The board shall hold stated meetings, which shall be open to
the public, at least once a month during the year, and shall hold
other meetings at such times and places as may be necessary.
Such meetings shall be called by the chairman or majority of the
Records.
board. The board shall keep minutes of its proceedings, showing
the vote of each member upon every question, and records of its
examination and other official action.
row ers.
S ec . 13. The industrial board shall have the power to make in­
vestigations concerning, and report upon, all matters touching the
enforcement and effect of the provisions of all laws of the Com­
monwealth, the enforcement of which shall now and hereafter be
imposed upon the department of labor and industry, and the
rules and regulations made by the industrial board in connec­
tion therewith; and to subpoena and require the attendance in
this Commonwealth of all witnesses, and the production of books
and papers pertinent to the said investigation, and to examine
them and such public records as it may require in relation to any
matter which it has power to investigate. Any witness who re­
fuses to obey a subpoena of the said board, as hereinabove pro­
vided for, or who refuses to be sworn or to testify, or who fails
or refuses to produce any books, papers, or documents touching
any matter under investigation or examination by the said board,
or who is.gu ilty of any contempt after being summoned to ap­
pear before the said board as above provided, may be punished as
for contempt of court ; and, for this purpose, application may be
made to any court within whose territorial jurisdiction the said
contempt took place, and for which purpose the courts of the
common pleas of this Commonwealth are hereby given jurisdic­
tion. In the course of such investigation each member of said
board shall have power to administer oaths. Each member shall
have the further power to make personal investigations of all
establishments in this Commonwealth where labor is employed.
Construction,
<Ea 34
§
r0oms, buildings, and places in this Commonwealth
ings. °
U where labor is employed, or shall hereafter be employed, shall be
1
so constructed, equipped, and arranged, operated and conducted,
in all respects, as to provide reasonable and adequate protection
for the life, health, safety, and morals of all persons employed
therein. For the carrying into effect of this provision, and the
provisions of all the laws of this Commonwealth, the enforcement
of which is now or shall hereafter be entrusted to or imposed
upon the commissioner or department of labor and industry, the
industrial board shall have power to make, alter, amend, and
repeal general rules and regulations necessary for applying such




LABOR LAWS— PENNSYLVANIA— ACTS OF 1913.

1925

provisions to specific conditions, and to prescribe means, methods,
and practices to carry into effect and enforce such provisions.
Sec. 15. The rules and regulations of the industrial board, and R u l e s and
the amendments and alterations thereof, may embrace all mat­ regulations.
ters and subjects to which power and authority of the department
of lat^or and industry extends, and shall be distributed to all
applicants. Every rule or regulation adopted by the board shall
be promptly published in bulletins of the department of labor
and industry, and in such daily newspapers as the board may
prescribe, and no such rule or regulation shall take effect until
thirty days after such publication. Any employer, employee, or
other person interested, either because of ownership in or occu^
pation of any property affected by any such order or regulation,
or otherwise, may petition for a hearing on the reasonableness Petition.
of a rule or regulation. Such petition for hearing shall be by
verified petition, filed w ith the said industrial board, setting out
specifically and in full detail the rule or regulation upon which
a hearing is desired, and the reasons why such rule or regula­
tion is deemed to be unreasonable. All hearings of the board Hearings.
shall be open to the public. Upon receipt of such petition, if
the issues raised in such petition have theretofore been ade­
quately considered, the industrial board shall determine the same
by confirming, without hearing, its previous determination; or,
if such hearing is necessary to determine the issue raised, the
industrial board shall order a hearing thereon, and consider and
determine the matter or matters in question at such time as shall
be prescribed. Notice of the time and place of such hearing
shall be given to the petitioner, and to such other persons as the
industrial board may find directly intrested in such decision.
Sec. 16. Every person who violates any of the provisions of this Violations.
act, or any of the rules or regulations of the industrial board,
or who resists or interferes with any officer or agent of the de­
partment of labor and industry in the performance of his duties
in accordance with the said rules and regulations, shall be deemed
guilty of a misdemeanor; and shall, upon conviction thereof, be
punished by a fine of not more than one hundred dollars ($100.00),
or by imprisonment not exceeding one month, or both, at the dis­
cretion of the court.
S ec . 17. There shall be created in the department of labor and Bureau of me­
diation and
industry a bureau of mediation and arbitration, the. head of which bitration. a r­
shall be a chief of bureau, who shall receive an annual salary of
three thousand five hundred dollars ($3,500).
Sec. 18. Whenever a difference arises between an employer and Mediation.
his employees, which cannot be readily adjusted, the chief of the
bureau shall proceed promptly to the locality thereof, and en­
deavor by mediation to effect an amicable settlement of the con­
troversy. If such settlement cannot be effected, the dispute may
be arbitrated by a board composed of one person selected by em­
ployer, and one person selected by employees, and a third who
shall be selected by the representatives of the employer and the
employees; and such third member of the board shall be selected
and appointed within a period of five days after the matter has
been submitted for arbitration, and, in the event of any such ap­
pointment or selection not being made within a period of five days,
then the chief of the bureau of mediation and arbitration shall
constitute the third member of the board, and be the chairman
of the board; and if such third representative is chosen, by the
two representatives of the employer and employee, within five
days, then a chairman of the board shall be established by the
board itself. A submission to the board shall be made in writ­
ing, and the parties thereto shall agree to abide by the determin­
ation of the board. Said board shall render a written decision Decision.
within ten days after the completion of the investigation, one copy
thereof to be filed in the bureau, and a copy to be furnished each
party to the controversy. The chief of the bureau shall make an Report.
annual report of his work, containing such information as the
commissioner of labor and industry may request.




1926

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

S ec . 19. Tlie commissioner of labor and industry may assign to
this bureau, from his department, such clerical assistance as, from
time to time, he may think necessary.
Expenses.
gEc. 20. In addition to their respective salaries, as hereinabove
provided, the commissioners, inspectors, and other officers of the
department of labor and industry, shall receive the expenses
actually and necessarily incurred in the performance of their
official duties; which expenses, together with all other necessary
expenses under the provisions of this act, shall, after the approval
in writing by the governor and the commissioner of labor and
industry, be paid by the State treasurer, upon warrant of the
auditor general, in the manner now provided by law.
Offices.
Sec. 21. Upon requisition of the commissioner of labor and in­
dustry, the board of public grounds and buildings shall furnish
suitable accommodations in the State capitol building for the use
of this department.
• I? in*ins and Sec. 22. Upon requisition of the commissioner of labor and inDinamg.
dustry, and order of the superintendent of public printing and
binding, the State printer shall do the printing and binding neces­
sary for the proper performance of the duties of this department.
Vesting of S ec . 23. All of the powers and duties now by law vested in and
powers.
imposed upon the department of factory inspection, which is
hereby abolished, are now hereby vested in the department of
labor and industry.
Clerks.

No. 2GS.—Assignments of tvages.
Acceptance by S ectio n 1. No assignment of, or order for, wages or salary to
employer.
b e earn e (j j n the future, to secure a loan, shall be valid against

Consent

W e*
1

the employer of the person making said assignment or order,
unless said assignment or order is accepted, in writing, by the
employer.
of Sec. 2. No such assignment of, or order for, wages or salary
to be earned in the future, to secure a loan, shall be valid, when
made by a married man, unless the written consent of his wife
to the making of such assignment or order is attached thereto
before any such assignment or order is accepted, in writing, by
the employer, as provided in the first section of this act.
No. 394.—Accident insurance.

Copy of policy
S ec t io n 1. No policy of insurance against loss from sickness,
to be filed.
o r logg o r <ia m a ge f ro m bodily injury or death of the insured by

accident, shall be issued or delivered to any person in this Com­
monwealth until a copy of the form thereof, and of the classifica­
tion of risks and the premium rates pertaining thereto, have been
filed with the insurance commissioner; nor shall it be so issued
or delivered until the expiration of thirty days after it has been
so filed, unless the said commissioner shall sooner give his writ­
ten approval thereto. * * *
Standard
S ec . 3. Every such policy so issued shall contain certain standprovisions.
ard provisions, which shall be in the words and in the order
hereinafter set forth, and be preceded in every policy by the
caption “ Standard Provisions.” In each such standard provi­
sion, wherever the word “ insurer ” is used, there shall be substi­
tuted therefor “ company,” or “ corporation,” or “ association,” or
“ society,” or such other word as w ill properly designate to the
insurer. Said standard provision shall b e :—
C h a n g e of
(1) A standard provision relative to the contract, which may
occupation.
either of the following two forms: Foi*m (A) to be used in
policies which do not provide for reduction of indemnity on
account of change of occupation, and Form (B ) to be used in
policies which do so provide. I f Form (B ) is used, and the policy
provides indemnity against loss from sickness, the words “ or con­
tracts sickness” may be inserted therein immediately after the
words “ in the event that the insured is injured: ”



LABOR LAWS--- PENNSYLVANIA— ACTS OF 1913.

1927

(A )— Tliis policy includes tlie endorsements and attached pa­
1.
pers, if any, and contains the entire contract of insurance. No
reduction shall be made in any indemnity herein provided by
reason of change in the occupation of the insured or by reason of
his doing any act or thing pertaining to any other occupation.
( B ) — This policy includes the endorsement and attached pa­
1.
pers, if any, and contains the entire contract of insurance except
as it may be modified by the insurer’s classification of risks and
premium rates in the event that the insured is injured after hav­
ing changed his occupation to one classified by the insurer as
more hazardous than that stated in the policy, or while he is doing
any act or thing pertaining to any occupation so classified, except
ordinary duties about his residence or while engaged in recreation,
in which event the insurer w ill pay only such portion of the in­
demnities provided in the policy as the premium paid would have
purchased at the rate, but within the lim its so fixed by* the insurer
for such more hazardous occupation.
*
*
*
*
*
S ec . 12. (1) Nothing in this act, however, shall apply to or B l a n k e t
affect any policy of liability or workman’s compensation insurance, policy,
or any general or blanket policy of insurance issued to any
municipal corporation or department thereof, or to any corpora­
tion, copartnership, association, or individual employer, police or
fire department, underwriters’ corps, salvage bureau, or like asso­
ciations or organizations, where the officers, members or em­
ployees, or classes or departments thereof, are insured for their
individual benefit against specified accidental bodily injuries or
sickness, while exposed to the hazards of the occupation or other­
wise, in consideration of a premium intended to cover the risks of
all the persons insured under such policy.
*
*
*
*
*
No. 408.—Accidents to be reported.
S ec t io n 1. Within thirty days after the beginning of the dis- D uty of emability of an employee because of any personal injury, caused pioyer.
by an accident occurring in the course of his employment, the em­
ployer, whether a person, firm, or corporation, shall make report
of such accident to the department of labor and industry. Such
report shall set forth the name, address, and nature of the busi­
ness of the employer; name, address, sex, age, nationality, and
occupation of the employee; date, day or week, hour, place, and
character of the accident, and the nature of the injury, and the
duration of the disability, or probable disability, as far as the
same can be ascertained. Such employer shall, also, upon request
of the department of labor and industry, make such further re­
port as may reasonably be required by it.
Sec. 2. Any person, firm, or corporation having knowledge of Violation,
the occurrence of such personal injury to an employee, in the
course of employment, who shall fail to make report as aforesaid,
shall be liable to the Commonwealth for a penalty of one hundred
dollars to be recovered by action brought by said department.
Sec. 3. Keports made in accordance with this act shall not be Reports not
evidence against the employer in any proceeding, either under the evidence,
workmen’s compensation law of one thousand nine hundred and
thirteen or otherwise.
Sec. 4. No employer who has made the report required by this Required re­
act shall be required to make any other or further report of such P°rt sufficient,
accident to any other department of the government of the
Commonwealth.
Sec. 5. This act shall not apply to casual employments; nor to Application,
accidents resulting in disability continuing less than two days.

No. 428.—Manufactures in tenements.
S e c t io n 34. No part of any dwelling, rooming house, or tene- P e r m i t
ment shall be used by the tenant, members of his family, or others, q u 1 .




re-

1928

BULLETIN OF THE BUREAU OP LABOR STATISTICS.
for manufacturing purposes, or for other than domestic work,
without a permit from the bureau or board of health, and the
permit, when issued, shall expire not later than the calendar year
for w’hich it is issued. No such i^ermit shall be granted if such
use would create dust, foul odors, or undue noise, liable to affect
injuriously the health or comfort of the tenants, occupants, or
neighbors, or for any reason would affect injuriously the health
and safety of those engaged in such manufacturing or other work.
The permit may be revoked by the bureau or board of health
at any time, for the same reason for which it may refuse to issue
same. No such room or rooms, when used for manufacturing
purposes, shall be occupied at any one time by more persons than
would give to each occupant at least four hundred cubic feet of
air space.
No. 447.—Inspection and regulations of factories, etc.—Blowers
for emery wheels, etc.

Blowers
quired.

Section 1. All persons, companies, or corporations operating
any factory or workshop where emery wheels or emery belts of
any description are used, either solid emery, leather, leathercovered, felt, canvas, linen, paper, cotton, or 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 such wheels or belts, in such
a manner as to protect the person or persons using the same from
the particles of 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 of the building, or to
some receptacle placed so as to receive and confine such dust:
Provided, That grinding machines upon which water is used at
the point of the grinding contact shall be exempt from the provi­
sions of this a c t : And, provided, This act shall not apply to fac­
tories or workshops where men are not employed continuously at
such wheels or belts more than three hours in twenty-four hours.
Sec. 2. It shall be the duty of any person, company, or corpora­
tion operating any such factory or workshop to provide or con­
struct such appliances, apparatus, machinery, or other things nec­
essary to carry out the purpose of this act, as set forth in the pre­
ceding section, as follows: Each and every wheel shall be fitted
with a sheet of case iron, or hood or hopper, of such form, and
so applied to such wheel or wheels, that the dust or refuse there­
from w ill fall from such wheels, or w ill be thrown into such
hood or hopper by centrifugal force, and be carried off by the cur­
rent of air into a suction-pipe attached to same hood or hopper,
i Sec. 4. The inspectors of the department of labor and indus­
try are hereby authorized to enter and inspect all factories and
workshops, for the purpose of enforcing the provisions of this act.
Sec. 5. Any person or persons, or company, or managers or
directors of any company or corporation, who shall have the
charge or management of any factory or workship, who shall fail
to comply with the provisions of this act, shall be deemed guilty
of a misdemeanor, and upon conviction thereof shall be punished
by a fine of not less than one hundred dollars and not exceeding
three hundred dollars.

re­

Hoods.

Access
premises.
Violation.

No. 466.—Employment of women—Factory regulations.
Definitions.

Section 1. The term “ establishment,” when used in this act,
shall mean any place within this Commonwealth where work is
done for compensation of any sort, to whomever payable: Pro­
vided, That this act shall not apply to work in private homes and
farming.
The term “ person,” when used in this act, shall be construed
to include any individual, partnership, or other unincorporated
association, corporation, and municipality.




LABOR LAWS----PENNSYLVANIA--- ACTS OF 1S13.

1929

The term “ week,” when used in this act, shall mean any seven
consecutive days, and the term ‘‘ d a y ” shall mean any twentyfour consecutive hours.
S ec . 2. Whenever in this act the singular is used the plural Construction,
shall be included, and whenever the masculine gender is used the
feminine and neuter shall be included.
Sec. 3. (a) No female shall be employed or permitted to work Hours of la­
in, or in connection with, any establishment for more than six bor.
days in any one week, or more than fifty-four hours in any one
week, or more than ten hours in any one day.
Provided, That during weeks in which a legal holiday occurs
and is observed by an establishment, any female may be employed
by such establishment during three days of such week for a longer
period of time than is allowed by this a c t; but no female shall be
permitted to work more than two hours overtime during any one
of such three days, nor more than the maximum hours per week
specified in this act.
The employment of such persons at any other time than as
stated herein shall be deemed a violation of the provisions of this
section, unless it appears that such employment was to make up
time lost in the same week in consequence of the alteration, re­
pairs or accidents to machinery or plant upon which she was em­
ployed and dependent for employment; but no stopping of machin­
ery for less than thirty consecutive minutes shall justify such
overtime employment, nor shall such overtime employment be
legal unless a written report of the same is sent to the commis­
sioner of labor and industry; but no female shall be permitted
to work more than two hours overtime during any one day, nor
for more than the maximum number of hours per week specified
in this act: Provided, That aforesaid restrictions as to hours Canneries,
shall not apply to females engaged in the canning of fruit and
vegetable products.
(b) Whenever any female shall be employed or permitted to
work in, or in connection with, more than one establishment in
any one week or in any one day, the aggregate number of hours
during which she shall be employed or permitted to work in, or
in connection with, such establishment shall not exceed the num­
ber of hours prescribed in this section for such females in any one
week or any one day.
(c) The provisions of this section shall not apply to the work of
nurses in hospitals.
Sec. 4. No female shall be employed or permitted to work in any Nightwork,
manufacturing establishment before the hour of six o’clock in
the morning, or after the hour of ten o’clock in the evening, of
any d a y : Provided, That this section shall not apply to managers,
superintendents, or persons doing clerical or stenographic work.
S ec . 5. No female under twenty-one years of age shall be em- Nightwork
ployed or permitted to work in, or in connection with, any estabuu’
lishment before the hour of six o’clock in the morning or after
the hour of nine o’clock in the evening of any d a y : Provided, That
this section shall not apply to females over the age of eighteen
years employed as telephone operators.
S ec . 6. Not less than forty-five minutes shall be allowed to every T i m e f o r
female employed or permitted to work in, or in connection with, mea *
any establishment, for the midday meal, which period shall not
be considered a part of the hours of labor: Provided, That when­
ever any female shall be employed or permitted to work in, or in
connection with, any establishment for less than eight hours in
any one day, the time allowed for the midday meal may be re­
duced to not less than thirty minutes.
Employees shall not be required to remain in the workrooms
during the time allowed for meals.
S ec . 7. No female shall be employed or permitted to work for Rest period,
more than six hours continuously in, or in connection with, any
establishment, without an interval of at least forty-five minutes,
and no period of less than forty-five minutes shall be deemed to
interrupt a continuous period of work: Provided, That whenever




1930

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

any female shall be employed or permitted to work in, or in con­
nection with, any establishment for less than eight hours in any
one day, the interval between work periods may be reduced to not
less than thirty minutes.
Employees shall not be required to remain in the workrooms
during the rest periods required by this section.
Seats.
Sec. 8. Every person employing or permitting females to work
in any establishment shall provide suitable seats for their use in
the rooms where they shall work, and shall maintain and keep
them there, and shall permit the reasonable use thereof by such
females. At least one seat shall be provided for every three
females employed or permitted to work, and all seats shall during
work hours be conveniently accessible to the workers for whose
use they shall be provided.
Wash rooms, S ec. 9. Every person employing or permitting females to work
etcin any establishment shall provide suitable wash and dressing
rooms and water-closets, or privies, for their use, so located as to
be accessible to such females. In any establishment in which
males and females shall be employed or permitted to work, sepa­
rate wash and dressing rooms and water-closets, or privies, shall
be provided for each s e x ; and such wash and dressing rooms and
water-closets, or privies, for each sex, shall be entirely separate
from those provided for the other sex. The water-closets or
privies provided for females shall be in the ratio of one for every
twenty-five females employed or permitted to work. All waterclosets or privies shall be properly lighted, and shall be separated
from the rooms in which employees shall be permitted to work by
partitions extending from floor to ceiling, and the compartments
containing such water-closets or privies shall have suflicient direct
outside ventilation, by window or other means. The entrances to
the water-closets or privies shall be screened from the rooms in
which employees work, and from the entrances to the waterclosets or privies provided for the other sex, by screens or par­
titions at least six feet high. All water-closets or privies shall at
all times be kept clean, sanitary, and free from all obscene writing
or marking.
Lunch rooms.
S ec. 10. Any person employing or permitting any female to work
in any establishment where white lead, arsenic or other poisonous
substances, or injurious fumes, dust or gases, shall be present,
shall provide and maintain a suitable room, free from the aforesaid
substances, fumes, dust and gases, for the use of said female em­
ployees; and no such person shall, during the time allowed for
meals, permit any such female to remain in any room where the
aforesaid substances, fumes, dust, and gases shall be present.
Exhaust fans.
S ec. 11. Any person who shall employ or permit any female to
work in any establishment in which poisonous or injurious dust,
fumes, or gases shall be created by the machinery or material in
process of manufacture, shall provide proper hoods and pipes con­
nected with exhaust fans of suflicient capacity to remove such
dust, fumes, or gases at their point of origin, and prevent them
from mingling with the air in the room, and such fans shall be
kept running constantly while such dust, fumes, or gases shall be
generated.
D r i n k i n g gE # 12. Any person employing any female in any establishment
C
water.
shall make reasonable efforts to at all times provide a sufficient
supply of clean and pure drinking water. Such water shall be
supplied through proper pipe connections with water mains which
furnish water for domestic purposes, or from a spring or wT or
ell,
body of pure w^ater. If drinking water be placed in receptacles
in the establishment, such receptacles shall be properly covered
to prevent contamination, and shall at all times be kept thoroughly
clean: Provided, That no employer in any establishment shall
collect from any such female employee any money for ice furnished
in his establishment for drinking purposes, for the use of the
employees.
Copy of law S ec. 13. Every person employing or permitting any female to
to be posted. work jn any establishment shall keep posted, in a conspicuous




LABOR LAWS— PENNSYLVANIA— ACTS OP 1913.

1931

place in the room where sucli female shall be employed or per­
mitted to work, a printed abstract of the provisions of this act, and
a schedule of the hours of labor of such female: Provided, That Schedule of
when any female shall be employed or permitted to wT
ork in 0U1S*
more than one room in any establishment, the aforesaid abstract
and schedule shall be required in only one of the said rooms. If
any female shall be employed or permitted to work in connection
with any establishment, but not in such establishment, the afore­
said abstract and schedule shall be kept posted in a conspicuous
place in the office of such establishment.
The schedule of hours of labor herein required shall contain
the name of the female employed or permitted to work, the maxi­
mum number of hours such female shall be required or permitted
to work on each day of the week, w ith the total for the week, the
hours of commencing and stopping work, and the hours when the
time allowed for meals shall begin and end for each day of the
week. Such female may begin work after the time for beginning,
and stop before the time for ending work, stated in such schedule;
but she shall not otherwise be employed or permitted to work in,
or in connection with, any establishment, except as stated in such
schedule.
The commissioner of labor and industry shall prepare the ab- A bstracts and
stract of the provisions of this act, and a form for the schedule forms*
of hours of labor required by this section. Copies of such abstract
and such form shall be printed, in accordance with the laws of
this Commonwealth regulating printing and publishing, under the
supervision of the superintendent of public printing and binding,
and the commissioner of labor and industry shall supply the same,
upon application, to all persons required to post the abstract and
schedule aforesaid.
Sec. 14. Whenever any female shall be employed or permitted Proof of age.
to work in, or in connection with, any establishment, before the
hour of six o’clock in the morning or after the hour of nine
o’clock in the evening of any day, who, in the judgment of the
commissioner of labor and industry or his deputy, is under
twenty-one years of age, such officer may demand from any per­
son employing or permitting any such female to work in, or in
connection with, his establishment, that such person shall either
furnish to such officer within ten days satisfactory evidence, such
as shall be required by law for the issuing of employment cer­
tificates to minors, that such female is, in fact, twenty-one years
of age or over, or shall cease to employ or permit such female
to work in, or in connection with, such establishment, before or
after the hours above named. In case such employer shall fail
to furnish to said officer, within ten days after making such
written demand, the required evidence of age, and shall there­
after continue to employ such female, or permit her to work in, or
in connection with, such establishment, before or after the hours
aforesaid, proof of the making of such demand and of failure to
produce the evidence required shall be prima facie evidence of the
illegal employment of such female, in any prosecution brought
therefor.
Sec. 15. No person shall hinder or delay the commissioner of Hindering oflabor and industry or any of his deputies in the performance officials,
his duties in the enforcement of this act, or refuse to admit, or
lock out, any inspector from any place while females are employed
therein, and which said inspector shall be authorized to inspect,
or refuse to give any inspector information required for the
proper enforcement of this act.
S ec . 16. It shall be the duty of the commissioner of labor Enforcement,
and industry and his deputies to enforce all the provisions of
this act. They shall visit and inspect establishments, and shall
have power at any reasonable time to visit and inspect any estab­
lishment in or in connection with which any female shall be
employed or permitted to work. They shall investigate all com­
plaints of violations of this act received by them, and shall in­
stitute prosecutions for violations of the provisions thereof.




1932

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

Prosecutions.

S ec . 17. All prosecutions for violations of tliis act shall be
instituted by the commissioner of labor and industry or his
deputy, before a magistrate, alderman, or justice of the peace,
who shall issue a summons commanding the person charged
with a violation of the act to appear within not less than five
nor more than eight days. Upon a conviction after hearing, the
penalties provided in this act shall be imposed, and shall be final,
unless an appeal be taken to the court of proper jurisdiction,
within twenty days after the imposition of the penalties afore­
said, in the manner already provided by law in appeals from
penalties.
Violations.
S ec . 18. Any person who, whether by himself or for another,
or through an agent, servant, or foreman, shall violate any provi­
sion of this act, shall be guilty of a misdemeanor.
Upon conviction for a violation of any provision of sections
three, four, five, six, or seven of this act, he shall be punished,
for a first offense, by a fine of not less than ten ($10) dollars or
more than fifty ($50) dollars; for a second or subsequent offense,
by a fine of not less than twenty-five ($25) dollars or more than
two hundred ($200) dollars, or by imprisonment for not more
than sixty days, or by both, at the discretion of the court; and
whenever any person shall have been notified by the commis­
sion of labor and industry or his deputy, or by the service of
a summons in a prosecution, that he is violating such provision,
he shall be punished by like penalties in addition for each and
every day that such violation shall have continued after such
notification.
Upon conviction for a violation of any of the provisions of sec­
tions eight, nine, ten, eleven, twelve, thirteen, fourteen, or fifteen
of this act, the punishment shall be, without regard to the num­
ber of females employed, for a first offense, not less than twentyfive ($25) dollars or more than fifty ($50) dollars; for a second
or subsequent offense, a fine of not less than fifty ($50) dollars
or more than two hundred ($200) dollars, or imprisonment for
not more than sixty days, or both at the discretion of the court,
and whenever any person shall have been notified by the com­
missioner of labor and industry or his deputy that he is violating
such provisions, and shall have been given a reasonable time in
which to remedy the condition which shall constitute such viola­
tion, he shall be punished, in addition to the penalties aforesaid,
by like penalties for each and every day that such violation shall
have continued after the expiration of the time allowed by the
commissioner of labor and industry or his deputy for remedying
the aforesaid condition: Provided—
First. That any person who shall demand evidence, such as
shall be required by law for the issuing of employment certifi­
cates to minors, that any applicant for employment or permis­
sion to work in, or in connection with, his establishment, is
twenty-one years of age, and shall receive the same before em­
ploying or permitting such applicant to work, and who shall have
kept the same on file, and, in the case of such applicant, shall
have complied with all the requirements of this act applying
to a female of the age stated in such evidence of age, shall not
be liable to punishment for the violation of section five of this
act, though it shall subsequently appear that such applicant
was in fact less than twenty-one years of a g e : Provided, That this
provision shall not apply to any person who shall demand and
receive the evidence herein provided for, if he knows at the
time of receiving such evidence that the applicant is. in fact,
less than twenty-one years of age; nor shall this provision pre­
vent the punishment of any person for violating section five of
this act after knowledge of the true age of the female employed.
Second. That whenever a violation of any provision of this
act shall also be a violation of another provision, or other pro­
visions, of this act, penalties may be imposed for the violation of
each and every such provision.




LABOR LAWS----PENNSYLVANIA— ACTS OF 1913.

1933

Third. That under no circumstances shall any person be sen­
tenced to imprisonment for more than one year for any one
violation of this act.
Fourth. That whenever a violation of any of the provisions
of this act shall also be a violation of the laws of this Common­
wealth regulating the hours of labor and conditions of employ­
ment of minors, penalties shall be imposed under only one of
such acts.
S ec. 20. Nothing in this act shall be construed to prevent fe- Construction,
males of any age from receiving industrial training or other
education in, or in connection with, any school or educational
institution in this Commonwealth.
Each section of this act and every part thereof is hereby de­
clared to be an independent section, or part of a section, and
if any section, subsection, sentence, clause, or phrase of this act
shall for any reason be held unconstitutional, the validity of the
remaining phrases, clauses, sentences, subsections, and sections
of this act shall not be affected thereby.
No. 468.—Paym ent of wages of miners.
S ection 1. At every anthracite coal mine in this Commonwealth, R e c o r d of
where coal is mined and paid for by the car, a record of all cars cars,
of coal mined shall be kept at the miners’ chutes, or at the most
convenient and practical of said chutes, where said coal is loaded
in cars, which record shall be the final basis in computing the
miners’ earnings per car, without any deduction for any slate or
other refuse that may be loaded on said car or cars in the usual
and natural course of mining and loading coal, and which record
shall be open at all times for the inspection of all miners.
Sec. 2. Any individual, firm, or corporation violating any of the violation,
provisions of this act shall be guilty of a misdemeanor, and upon
conviction shall, for each offense, be sentenced to pay a fine of not*
less than fifty dollars, nor more than one hundred dollars.
S ec. 3. Provided, That this act shall not affect any existing conProviso,
tract, nor shall it prevent the making of any contract between
the owner or operator of any mine and the miners employed
therein as to the method of recording cars mined, and of deducting
for refuse therein, and no penalty provided in this act shall apply
to such owner or operator so contracting or agreeing.

No. 775.—Commission on safety and efficiency in mining operations.
S ection 1. The governor is hereby authorized to appoint a com- Constitution
mission, to consist of three citizens of this State, one of whom of commission,
shall be the dean of the school of mines of the Pennsylvania
State College, one the chief of the department of mines, and one
a practical miner. It shall be the duty of the commission to co­
operate with the director, or other representative of the United Duties.
States Bureau of Mines, in the establishment in this State of a
mining experiment station, which shall have for its purposes the
conducting of investigations, and the making of tests, to better
safeguard the lives of miners, and to bring about greater efficiency
in the mining and mineral industries. The members of the said
commission shall serve without compensation, but shall be allowed
their expenses actually and necessarily incurred in the perform­
ance of their duties.
S ec . 2. * * * The commission shall submit to the governor, Reports, etc<
as he may require, reports giving the results of its work, and
shall arrange for the prompt transmission to the department of
mines, and to the topographic and geological survey of this State,
copies of all reports, circulars, bulletins the other publications
issued from time to time, embodying the results of tests and in­
vestigations conducted at the said mining experiment station;
and also from time to time such special reports as to them, or
any of them, may seem useful, growing out of the results of tbe
experiments conducted at said station.




1934

BULLETIN OF THE BUEEAU OF LABOR STATISTICS.
No. 851.—Inspection anti regulation of factories—Occupational
diseases.

S ec t io n 1. Every employer shall, without cost to the employees,
provide reasonably effective devices, means, and methods to pre­
vent the contraction by his employees of any illness or disease
incident to the work or process in which such employees are en­
gaged in the industries and occupations specified in section two
of this act.
Dangerous oc­ Sec. 2. Every work or process in the manufacture of white lead,
cupations.
red lead, litharge, sugar of lead, arsenate of lead, lead chromate,
lead sulphate, lead nitrate, or fluosilicate is hereby declared to be
especially dangerous to the health of the employees who, white
engaged in such work or process are exposed to lead dusts, lead
fumes, or lead solutions.
Duty of em­ S ec. 3. Every employer shall, without cost to the employees,
ployer.
provide the following devices, means, and methods for the protec­
tion of his employees, who, while engaged in any work or process
included in section two, are exposed to lead dusts, lead fumes, or
lead solutions
Lighting, ven­
(a) The employer shall provide and maintain workrooms,
tilation, etc.
adequately lighted and ventilated, and so arranged that there is
a continuous and sufficient change of air; and all such rooms
shall be fully separated by partition walls from all departments
in which the work or process is of nondusty character; and all
such rooms shall be provided with a floor permitting an easy
removal of dust by wet methods or vacuum cleaning, and all such
floors shall be so cleaned daily.
Every work or process referred to in section two, including the
corroding or oxidizing of lead, and the crushing, mixing, sifting,
grinding, and packing of all lead salts or other compounds re­
ferred to in section two, shall be so conducted, and such adequate
devices provided and maintained by the employer, as to protect
the employee as far as possible from contact with lead dust or
Hoods.
lead fumes. Every kettle, vessel, receptacle, or furnace in which
lead, in any form referred to in section two, is being melted or
treated, and any place where the contents of such kettles, recep­
tacles, or furnaces are discharged, shall be provided with a hood
connected with an efficient air exhaust; all vessels or containers,
in which dry lead in any chemical form or combination referred
to in section two is being conveyed from one place to another with­
in the factory, shall be equipped, at the places where the same
•are filled or discharged, with hoods having connection with an
efficient air exhaust; and all hoppers, chutes, conveyers, ele­
vators, separators, vents from separators, dumps, pulverizers,
chasers, dry pans, or other apparatus for drying pulp lead, dry
pans, dump, and all barrel packers and cars, or other receptacles
into which corrosions are at the time being emptied, shall be
Dust
connected with an efficient dust-collecting system ; such sys­
tem to be regulated by the discharge of air from a fan, pump,
or other apparatus, either through a cloth dust collector, hav­
ing an area of not less than one-half square foot of cloth to
every cubic foot of air passing through it per minute, the dust
collector to be placed in a separate room, which no employee shall
be required or allowed to enter except for essential repairs while
the works are in operation, or such other apparatus as w ill effi­
ciently remove the lead dusts from the air of the workrooms.
Wash rooms.
(b) The employer shall provide a wash room, or rooms, which
shall be separate from the workrooms, be kept clean, and be
equipped w ith:
(1) Lavatory basins, fitted with waste-pipes and two spigots
conveying hot and cold water; or
(2) Basins placed in troughs fitted with waste pipes, and for
each basin two spigots conveying hot and cold w ater; or
(3) Troughs of enamel, or similar smooth impervious material,
fitted with waste pipes, and for every two feet of trough length
two spigots conveying hot and cold water.
Prevention.




LABOR LAWS----PENNSYLVANIA— ACTS OF 1913.

1935

Where basins are provided there shall be at least one basin
for every five such employees; and where troughs are provided,
at least two feet of trough length for every five such employees.
The employers shall also furnish nailbrushes and Soap, and shall
provide at least three clean towels per week for each such em­
ployee. A time allowance of not less than ten minutes, at the
employer’s expense, shall be made to each such employee for the
use of said wash room before the lunch hour and at the close of
the day’s work.
The employer engaged in the manufacture of white lead, red
lead, litharge, sugar of lead, arsenate of lead, lead chromate, lead
sulphate, lead nitrate, or fluosilicate shall also provide at least
one shower bath for every ten such employees. The baths shall
be approached by wooden runways, be provided with movable
wooden floor gratings, be supplied with controlled hot and cold
water, and be kept clean. The employer shall furnish soap, and
shall provide at least two clean bath towels per week for each
such employee. An additional time allowance of not less than
ten minutes, at the employer’s expense, shall be made to each
such employee for the use of said baths, at least twice a week,
at the close of the day’s work. The employer shall keep a record
of each time that such baths are used by each employee, which
record shall be open to inspection at all reasonable times by the
State department of labor and industry, and also by the State
department of health.
(c) The employer shall provide a dressing room, or rooms D r e s s i n g
which shall be separate from the workrooms, be furnished with rooms.
a double sanitary locker or two single sanitary lockers for each
such employee, and be kept clean.
(d) The employer shall provide an eating room or eating S e p a r a t e
rooms, which shall be separate from the workrooms, be furnished meaisf S
°r
with a sufficient number of tables and seats, and be kept clean.
No employee shall take, or be allowed to take, any food or drink
of any kind into any workroom, nor shall any employee remain,
or be allowed to remain, in any workroom during the time allowed
for his meals.
(e) The employer shall provide and maintain a sufficient num- D r i n k i n g
ber of sanitary drinking fountains, readily /iceessible for the use fountains.
of employees.
(f) The employer shall provide at least one pair of overalls W o r k i n g
and one pair of jumpers for each such employee, and repair or clothes,
renew such clothing when necessary, and wash the same weekly.
(g) The employer shall provide, and renew when necessary, at Respirators,
least one reasonably effective respirator for each employee who is
engaged in any work or process included in section two.
S ec. 4. Every employee who, while engaged in any work or Duty of emprocess included in section two, is exposed to lead dusts, lead ployees.
fumes, or lead solutions, shall—
(a) Use the washing facilities provided by the employer in
accord with section three (b), and wash himself at least as often
as a time allowance is therein granted for such u se;
(b) Use the eating room provided by the employer in accord
with section three (d), unless the employee goes off the premises
for his meals;
(c) Put on, and wear at all times while engaged in such work
or process, a suit of the clothing provided by the employer in ac­
cord with section three (f) , and remove the same before leaving
at the close of the day’s work, and keep his street clothes and his
working clothes, when not in use, in separate lockers or separate
parts of the locker provided by the employer in accord with sec­
tion three (c).
(d) Keep clean the respirators provided by the employer in
accord with section three (g), and use one at all times while he
is engaged in any work or process included! in section two of this
act.
S ec. 5. The employer shall post in a conspicuous place in every instructions
workroom where any work or process included in section two is to be posted.




1936

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

carried on, In every room where washing facilities are provided,
and in every dressing room and eating room, a notice of the known
dangers arising from such work or process, and simple instruc­
tions for avoiding as far as possible such dangers. The commis­
sioner of labor and industry shall prepare a notice containing the
provisions of this act, and shall furnish free of cost a reasonable
number of copies thereof to every employer included in section
two, and the employer shall post copies thereof in the manner
hereinbefore stated. The notices required in this section shall be
printed in plain type, on cardboard, and shall be in English and
in such other languages as the circumstances may reasonably re­
quire. The contents of such notices shall be explained to every
employee by the employer, when the said employee enters employ­
ment in such work or process; interpreters being provided by the
employer when necessary to carry out the above requirements.
P h y s ic ia n ’s
Sec. 6. The employer shall cause every employee who while
examinations, engaged in any work or process included in section two, is exposed
to lead dust, lead fumes, or lead solutions, to be examined at
least once a month, for the purpose of ascertaining if symptoms
of lead poisoning appear in any employee. The employee shall
submit himself to the monthly examination, and to examination
at such other times and places as he may reasonably be requested
by the employer, and he shall fully and truly answer all questions
bearing on lead poisoning asked him by the examining physician.
The examinations shall be made by a licensed physician, desig­
nated and paid by the employer, and shall be made during the
working hours, a time allowance therefor at the employer’s ex­
pense being made to each employee so examined.
Record.
Sec. 7. Every physician making an examination, under section
six, and finding what he believes to be symptoms of lead poison­
ing, shall enter, in a book kept for that purpose in the office
of the employer, a record of such examination, containing the
name and address of the employee so examined, the particular
work or process in which he is engaged, the date, place, and find­
ing of such examination, and the directions given in each case
by the physician. The record shall be open to inspection at all
reasonable times by the State department of labor and industry
and by the State department of health.
Report.
Within forty-eight hours after such examination and finding,
the examining physician shall send a report thereof, in dupli­
cate,—one copy to the State department of labor and industry
and one to the State department of health. The report shall be
on, or in conformity with, blanks to be prepared and furnished by
the State department of health, free of cost, to every employer
included in section two, and shall state: (a) name, occupation,
and address of employee; (b) name, business, and address of
employer; (c) nature and probable extent of disease; and (d)
such other information as may be reasonably required by the
State department of health.
The examination physician shall, also, within the said fortyeight hours, report such examination and finding to the employer;
and after five days from such report the employer shall not con­
tinue the said employee in any work or process where he w ill be
exposed to lead dusts, lead fumes, or lead solutions, included in
section two of this act.
Enforcement.
Sec. 8. The State department of labor and industry shall en­
force this act, and prosecute all violations of the same. The
officers, or their agents, of the said department, shall be allowed
at all reasonable times to inspect any place of employment in­
cluded in this act.
Violations by
[Sec. 9.] Every employer who, either personally or through any
employers.
agent, violates or fails to comply with any provision of section
one or section three, shall be guilty of a misdemeanor and on
conviction, for the first offense, shall be sentenced to pay a fine
of not less than one hundred ($100) dollars, nor more than two
hundred ($200) dollars; and on conviction for a second offense
shall be sentenced to pay a fine of not less than two hundred




LABOR LAWS----PENNSYLVANIA— ACTS OE 1913.

1937

($200) dollars, nor more than five hundred ($500) dollars; and
on conviction for each subsequent offense shall be sentenced to
pay a fine of not less than three hundred ($300) dollars, nor
more than one thousand ($1,000) dollars; and in each case he
shall stand committed! until such fine and the costs are* paid, or
until he is otherwise discharged by due process of law.
Every employee who violates or fails to comply with any pro- Violations by
vision of section four shall be guilty of a misdemeanor; and on employee,
conviction, for the first offense, shall be sentenced to pay a fine of
not less than ten ($10) dollars, nor more than twenty ($20) dol­
lars; and on conviction for the second offense shall be sentenced
to pay a fine of not less than twenty ($20) dollars, nor more than
fifty ($50) dollars; and on conviction for each subsequent offense,
not less than thirty ($30) dollars, nor more than one hundred
($100) dollars; and in each case he shall stand committed until
such fine and the costs are paid, or until he is otherwise dis­
charged by due process of law.
Every employer who, either personally or through any agent, Violations of
violates or fails to comply with any provision of sections five, six
Provi"
or seven relating to him, and every employee who violates or fails
to comply with the provisions of section six relating to him, shall
be guilty of a misdemeanor, and on conviction thereof shall be
sentenced to pay a fine of not less than ten ($10) dollars, nor
more than one hundred ($100) dollars.
Sec. 10. In this act, unless the context otherwise requires, “ em- Definition,
ployer ” includes persons, firms, partnerships, limited partner­
ships, and corporations.
Sec. 11. For the purpose of determining the constitutionality of Construction,
any provision of this act, section one hereof is declared to be
independent of, and separable from the remaining sections.
Sec. 12. This act shall take effect on the first day of October, When takes
one thousand nine hundred and thirteen, except as to subdivisions effect(a), (b), (c), and (d) of section three, which subdivisions shall
take effect as follow s:
Subdivisions (b), (c), and (d) of section three, on the first day
of October, one thousand nine hundred and fourteen;
Subdivision (a) of section three, on the first day of October,
one thousand nine hundred and fifteen.
No. 854.—Accidents to pxiblic-service employees—Reports and in­
vestigations.
A r t ic l e II, S ec t io n 1. It shall be the duty of every public
service company—
*
*
*
*
*
(x) To give immediate notice to said commission of the hap- Reports r e pening of any accident in or about, or in connection with the <
luiredoperation of its property, facilities, or service, wherein any per­
son shall have been killed or injured; and to furnish such full and
detailed report of such accident, within such time and in such
manner as the commission shall, by general rule or special order,
or otherwise, require. Such report shall not be open for public
inspection, except by order of the commission, and shall not be
admitted in evidence for any purpose in any suit or action for
damages growing out of any matter or thing mentioned in said
report.
*

*

*

*

*

A rtic l e IV, S ec . 8. The commission shall appoint an investi-

Investigagator of accidents, whose duty it shall be to have charge of the tion*
investigation of—and to investigate, subject to the orders and direc­
tion of the commission—the cause of any accident in or about, or
in connection with, the operation of the property, facilities, or
service of any public-service company, wherein any person shall
have been killed or injured, or property shall have been de­
stroyed or injured, which may be assigned to him for investiga­
tion by the commission, or of the happening of which he may by

39387°—Bull. 148, pt 2—14------46


1938

BULLETIN OF THE BUREAU OF LABOR STATISTICS.




due diligence obtain knowledge, and to make a full and complete
report thereon to the commission; and also to report to the com­
mission whether any public-service company has failed to per­
form the duties prescribed by article two, section one (X) , of this
act [act No. 854, Acts of 1913], with relation to accidents of the
happening of which, in the exercise of due diligence, he may
obtain knowledge; and also to collate and tabulate all data, sta­
tistics, and other pertinent information for the use of the com­
mission, obtained by him as the result of such investigations;
and to make an annual report of such investigations to the com­
mission, with recommendations as to means or methods whereby
such accidents may be averted; and to perform all such other
duties concerning said accidents as to the commission may seem
advisable for the promotion of the safety of patrons and em­
ployees of public-service companies and of the safety and welfare
of the public. Such reports, statistics, data, or information shall
not be open for public inspection, except by order of the commis­
sion, and shall not be admitted in evidence for any purpose in any
suit for damages growing out of any matter or thing mentioned
therein.

PHILIPPINE ISLANDS.
ACTS OF U. S. PHILIPPINE COMMISSION, 1900-01.
A ct N o. 83.—Compensation for injuries of employees of the pro­

vincial governments.
Section 13 (as amended by act No. 2123).
*
*
*
*
*
[It shall be the duty of the provincial board:]
(nn) To provide, in its discretion, for the payment from pro- P e r i o d o f
vincial funds of their regular compensation during the period of payment durtheir disability, not exceeding ninety days, to unclassified em -mg disat>llltyployees of the provincial government, including laborers, when
said employees or laborers are injured in the clear line of duty,
the necessary expenses of medical attendance, transportation, and
hospital fees for such injured employees or laborers, and in case
of their death from said injuries, their reasonable burial expenses F a t a l inand a donation in money to the family of the deceased employee juries,
or laborer in a sum, not exceeding ninety days’ pay, which shall
be in accord with his efiiciency and services to the government.
*
*
*
*
*
ACTS OF U. S. CONGRESS, 1901-2.
C h a p t e r 641.—Chinese labor—Exclusion,

[See under United States, Acts of 1001-2, below.]
C h a p t e r 1369.—Slave labor.
S ectio n 5.

*
*
*
*
*
Neither slavery, nor involuntary servitude, except as a punish- Slavery Pro*
ment for crime whereof the party shall have been duly convicted, Wblted*
shall exist in said islands.
*
*
*
*
*
S ec . 74. The government of the Philippine Islands may grant
Employment
franchises, privileges, and concessions, including the authority to
s ave
*
exercise the right of eminent domain for the construction and
operation of works of public utility and service, * * * Pro­
vided further, That it shall be unlawful for any corporation or­
ganized under this act, or for any person, company, or corpora­
tion receiving any grant, franchise, or concession from the gov­
ernment of said islands, to use, employ, or contract for the labor
of persons claimed or alleged to be held in involuntary servitude;
and any person, company, or corporation so violating the pro­
visions of this act shall forfeit all charters, grants, franchises,
and concessions for doing business in said islands, and in addition
shall be deemed guilty of an offense, and shall be punished by a
fine of not less than ten thousand dollars.
ACTS OF U. S. PHILIPPINE COMMISSION—1902.
A ct No. 296.—Bureau of public printing—Shilled workmen to be

employed.
S ec t io n 2. There shall be a chief of the bureau of public print­

ing,

*

*

* who shall be^ known as the public printer.




1939

1940

BULLETIN OF THE BUREAU OF LABOR STATISTICS.
The duties of the public printer shall be:
*

Com petency

0 e es e *

*

.

*

*

4. To employ workmen who are thoroughly skilled in their
respective branches of industry as shown by trial of their skill
under his direction, in accordance with the provisions of the civil
service act.
ACTS OF U. S. PHILIPPINE COMMISSION—1003.
A ct No. 650.—Bureau, of printing—Apprentices—Rates of pay.

S ectio n 1. There may be employed in the bureau of public
printing as many apprentices as in the judgment of the secretary
of public instruction the interests of the public service w ill permit,
such apprentices to be selected by the public printer subject to
such requirements as to age, physique, health, character, and education as may be prescribed by the Philippine civil service board.
Classes.
Apprentices shall be designated as first, second, third, fourth, fifth
and sixth class apprentices, and shall be paid and serve in each
class as hereinafter prescribed. All original appointments shall
be to the sixth class, and apprentices shall be required to serve at
least three months in this class at twT
enty cents per day before pro­
motion to the fifth class, at least six months in the fifth class at
thirty cents per day before promotion to the fourth class, at least
nine months in the fourth class at forty cents per day before pro­
motion to the third class, at least six months in the third class at
sixty cents per day before promotion to the second class, at least
six months in the second class at eighty cents per day before
promotion to the first class, and at least six months in the first
class at one dollar and ten cents per day, when they may be rated
in the bureau of public printing as craftsmen. The promotion or
reduction of an apprentice from one class to another shall be
made by the public p r in te r , and shall be based on the civil service
E x t r a com-efficiency ratinS of the apprentice,
pensation.Sec. 2 (as amended by act No. 1440). Native craftsmen, from
the date of their entrance into the service, and native apprentices,
from the date of their entrance into the second class, for each
year of honest, faithful, satisfactory, and continuous service in
the bureau of printing shall be entitled to receive at the end of
the next succeeding year of honest, faithful, satisfactory, and
continuous service, extra compensation as follows: Twenty
centavos per diem for each full day of actual service rendered at
a daily wage of one peso and twenty centavos or more but less
than two pesos and forty centavos; forty centavos per diem for
each full day of actual service rendered at a daily wage of two
pesos and forty centavos or more but less than three pesos and
twenty centavos; and sixty centavos per diem for each full day
of actual service rendered at a daily wage of three pesos and
twenty centavos or more: Provide cl, That this extra compensation
shall not be paid fcr service rendered prior to March first, nine­
teen hundred and three. A native craftsman or apprentice sepa­
rated from the bureau of printing after such extra compensation
has been earned and before it becomes due shall not be entitled
to receive any part thereof unless such separation shall be 011
account of lack of work, permanent disability, or death, in which
event such native craftsman or apprentice, or his estate in case of
death, may, on the recommendation of the director of printing,
approved by the secretary of public instruction, receive the extra
compensation accumulated at the time of separation. For the pur­
poses of this act the services of native craftsmen and apprentices
shall be deemed continuous until such craftsmen and apprentices
are definitely separated from the service in the bureau of printing.
United states gE > 4# The compensation mentioned! in this act is stated in
C
ney*
money of the United States, but may be paid either in money of
the United States or its equivalent in local currency at the author­
ized rate, as may be provided by law t>r order.
Apprentices.




*

LABOR LAWS— PHILIPPINE ISLANDS— ACTS OF 1903.

1941

A ct N o. 701.—Relief societies.
S e c t io n 1. Mutual benefit, relief, and benevolent societies or Objects,
associations, whether incorporated or not, formed or organized
for the purpose of paying sick benefits to members, or of furnish­
ing support to members while out of employment, or of furnishing
professional assistance to members, or of paying to relatives of
deceased members a fixed or any sum of money, or providing for
any method of accident or life insurance out of dues or assessments Reports,
collected from the membership, and societies or associations mak­
ing either or any of such purposes features of their organization
on the basis of fixed dues or assessments, shall report to the insu­
lar treasurer within thirty days after the passage of this act or
within thirty days after their organization the fact of their forma­
tion, the name of the association, its principal place of business,
the name of the president, secretary, and treasurer, and board of
directors, or the names of officers having the usual duties of such
offices by whatever name designated, the general purposes of such
societies and the provision of the constitution or by-laws fixing
the amount of dues or assessments and their disposition. Such
societies or associations shall annually, on the first day of July,
make a full report to the insular treasurer of their financial con­
dition and a complete itemized statement of all their receipts and
disbursements, including the name and address of the person from
whom received and the name and address of the person to whom
disbursed.
Sec. 2. Whenever a petition is presented to the insular treasurer E x a m i n a
duly verified by at least three persons interested in such societytions*
either as members, beneficiaries, or creditors and showing the
necessity or expediency of such action, or whenever he deems it
proper or necessary, the said insular treasurer either by himself
or his duly authorized representative must make a careful exami­
nation into the financial affairs of such society or association,
verify the resources and moneys on hand, check up the expendi­
tures and ascertain its ability to meet its liabilities and fulfill the
obligations entailed upon it by its constitution, by-laws, rules, or
regulations.
Sec. 4. Any person, whether a member or not of any such soci-f Mi s us e of
ety or association, who shall misappropriate or divert from its unas*
lawful purpose, or appropriate to his own use or that of another,
without proper authority, any of the funds or property of the
society, shall be punished by a fine not to exceed five thousand
dollars or by imprisonment not to exceed five years, or by both
such fine and imprisonment.
S ec. 5. Whenever the result of the examination by the insular insolvency,
treasurer shall show that the finances of the association are in
such condition that it can not meet its liabilities and that its funds
have been diverted from the purposes for which it was organized,
to such an extent as to require him to declare it to be [in] solvent,
he shall report the same to the attorney general, who shall, in the
name of the insular government, file a petition in the court of first
instance to dissolve the association, sell its property, collect its
assets and distribute the proceeds to the persons by law entitled
to receive the same. In the settlement of the affairs of the asso­
ciation it shall be within the discretion of the court either to
appoint the insular treasurer as the agent of the association to
close up the affairs of the association or to appoint a receiver who
shall discharge the same duty.
Sec. 8. The order appointing a receiver or designating the insu- Business to
lar treasurer as an agent for the settlement of such societies sh a llceasecontain an injunction against all officers, agents, and collectors of
the society, forbidding them to continue in the collection or dis­
bursement of moneys belonging to the society, whether such offi­
cers or agents are resident or actually in the judicial district in
which the petition is filed, or in other provinces, and it shall be
the duty of the officers of the association at once, upon the mak­
ing of the order appointing the receiver, to notify all agents and




1942

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

collectors of tlie making of tlie order and to direct same to cease
collecting or disbursing money of tlie association.
Publishing in­ S ec . 9. It shall be unlawful for tlie insular treasurer or the
form ation.
attorney general, or the deputy of either, engaged in the investi­
gations and examinations provided by this act, to make public
either the condition of the society or any information obtained
with respect to the condition of the receipts or tlie expenditures
of such society, unless it shall be necessary to proceed against any
of the officers of the association criminally for an offense under
section four, or to apply to the court of first instance for a disso­
lution of the society under section five.
A ct N o. 702.—Chinese labor—Immigration—Registration.
Registration
directed.

S ec t io n 1. The collector of customs for the Philippine Archi­
pelago is hereby authorized and directed] to make the registration
of all Chinese laborers in the Philippine Islands as required and
prescribed by section four of the act of Congress approved April
twenty-ninth, nineteen hundred and two, [chapter 641, Acts of
1901-2] entitled “An act to prohibit the coming into and to regu­
late the residence within the United States, its Territories, and all
territory under its jurisdiction, and tlie District of Columbia, of
Chinese and persons of Chinese descent,” and to employ for that
purpose the personnel of the Philippine customs service, the pro­
vincial and military officers hereinafter provided!, and such other
persons as may be necessary.
S ec . 2. The insular collector of customs shall make such rules
Rules, etc.
and regulations as may be necessary for the efficient execution of
this act, prescribing the form of certificates of registration re­
quired hereby, and making such provisions that certificates may
be procured in localities convenient to the applicants.
S ec . 3. Each certificate of registration shall contain the name
Certificates.
age, date, and place of birth, registry of birth, if any, local resi­
dence, occupation, and photograph of the person therein described!,
and such other data in respect to him as shall be prescribed by
the insular collector of customs, and shall be issued by the proper
officer upon payment to him of a fee of fifty cents, United States
currency, said fee to be accompanied by a true photograph of the
applicant in triplicate to the satisfaction of such officer.
S ec . 4. Any Chinese laborer within the limits of the Philippine
Neglect
to
procure.
Islands who shall neglect, fail, or refuse to obtain within the time
prescribed by section four of the act of Congress of the United
States, referred to in section one of this act, the certificate of reg­
istration by this act provided to be issued, and who shall be found
within the Philippine Islands without such certificate of registra­
tion after such time has elapsed, may be arrested upon warrant
issued by the court of first instance of the province or by the
justice’s court of the municipality returnable before said court of
first instance, by any customs official, police, constabulary, or other
peace officer of the Philippine Islands and brought before any
judge of a court of first instance in the islands whose duty it shall
be to order that such Chinese laborer be deported from the Philip­
pine Islands, either to China or the country from whence he came
unless he shall affirmatively establish clearly and to the satisfac­
tion of such judge, by at least one credible witness other than
Chinese, that although lawfully in the Philippine Islands at and
ever since the passage of this act he has been unable by reason of
accident, sickness, or other unavoidable cause to procure the cer­
tificate within the time prescribed by law, in which case the court
shall order and adjudge that he procure the proper certificate
within a reasonable time and such Chinese laborer shall bear and
pay the costs of the proceedings: Provided, however, That any
Lost certifi­ Chinese laborer failing for any reason to secure the certificate
cate.
required under this law within two years from the date of its pas­
sage shall be deported from the islands. I f it appears that such
Chinese laborer had procured a certificate in due time but that
the same has been lost or destroyed, he shall be allowed a reason-




LABOR LAWS— PHILIPPINE ISLANDS— ACTS OF 1903.

1943

able time to procure a duplicate from the insular collector of cus­
toms or from the officer granting the original certificate, and upon
the production of such duplicate such Chinese laborer shall be
discharged from custody upon payment of costs.
Any Chinese person haying procured a certificate of registration,
and the same haying been lost or destroyed, shall have a right to
procure a duplicate thereof under such regulations as may be
prescribed by the insular collector of customs upon the payment
of double the fee exacted for the original certificate and the pre­
sentation cf his true x^hotograph in triplicate.
No Chinese person heretofore convicted in any court of the
States or Territories of the United States or the Philippine
Islands of a felony shall be permitted to register under the pro­
visions of this act without special authority from the civil gov­
ernor.
S ec . 5. Every Chinese person having a right to be and remain A p p lic a tio n
in the Philippine Islands shall obtain the certificate of registraaw*
tion specified in section three of this act as evidence of such right
and shall pay the fee and furnish his photograph in triplicate
as in said section prescribed; and every Chinese person found
without such certificate within the Philippine Islands after the
expiration of the time limited by law for registration shall be
presumed, in the absence of satisfactory proof to the contrary, to
be a Chinese laborer and shall be subject to deportation as pro­
vided in section four of this act. Every Chinese person shall on
demand of any customs official, police, constabulary, or other
peace officer exhibit his certificate, and on his refusal to do so
may be arrested and tried as provided in section four of this act.
Sec. 6. Any person who shall knowingly and falsely alter or Forsery>etc.
substitute any name for the name written in any certificate of
registration or forge such certificate, or knowingly utter any
forged or fraudulent certificate, or falsely personate the person to
whom said certificate was originally issued, or who shall falsely
present any such certificate, »hall be punished by a fine not to
exceed one thousand dollars and imprisoned for a term not to
exceed five years.
S ec. 7. Every Chinese person who may be entitled to come into iaS [ IKfcate ou
the Philippine Islands shall upon landing, if he so requests, be
s'
given by the collector of customs of the port at which he lands a
certificate containing his name, age, photograph, occupation, place
of last residence, the date on which he landed, and such other
data in respect to him as may be prescribed by the insular col­
lector of customs and such certificate shall be issued upon pay­
ment to the proper officer of fifty cents, United States currency,
accompanied by a true photograph of the applicant in triplicate
to the satisfaction of such officer.
S ec . 8. Each certificate issued under this act shall be made out Copies,
in triplicate and to each of the triplicate copies shall be attached
a true photograph of the person to whom issued. One of such
triplicate certificates shall be delivered to the applicant, one filed
in the office of the registrar of Chinese for the district within
which the application is made, and the third transmitted to the
insular collector of customs for permanent record and file.
Sec. 12. The word “ laborer ” or “ laborers ” wherever used in Definitions,
this act shall be construed to mean both skilled and unskilled
manual laborers, including Chinese laundrymen and Chinese
employed in mining, fishing, huckstering, peddling, or taking,
drying, or otherwise preserving shell or other fish for home con­
sumption or exportation.
The term “ merchant” as employed in this act signifies a per­
son engaged in buying and selling merchandise at a fixed place
of business, which business is conducted in his name, and who
during the time he claims to be engaged as a merchant does not
engage in the performance of any manual labor except such as
is necessary in the conduct of his business as such merchant. The
definition of “ laborer” and “ merchant” set out in this section
shall receive the same construction as that given to it by the




1944

BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Federal courts of tlie United States and tlie rulings and regula­
tions of the Treasury Department of the United States.
A ct No. 703.—Railroads—Safety appliances—Rules.

Brakes, etc.

Rules.

Section 19. * * * Brakes and such other safety appliances
for the security of life and property shall be installed by the
grantee [Manila Railway] company on all trains and locomotives,
at road crossings and at other places of danger, as may from time
to time be designated and approved by the government.
Sec. 29. Before inaugurating the first district of the line con­
ceded the grantee company shall submit for the approval of the
proper governmental authority of the islands the working rules
and regulations * * * for the guidance of its employees, and
the government having given the company opportunity to be heard
thereon, shall make in said working rules and regulations the addi­
tions and alterations which shall be considered necessary. These
working rules and regulations, after being approved by the proper
governmental authority, shall have the force of law, but they shall
be subject to modification at any time at petition of the company,
or by direction of the government, said modifications being subject,
after giving the company opportunity to be heard, to alteration by
the proper authority, and when approved in presented or modified
form shall have the force of law.
ACTS OF U. S. PHILIPPINE COMMISSION—1904.
A ct No. 11S9.—License tax—Exemption of mechanics.

Section 139. Except as hereinafter specifically exempted, there
shall be paid by each merchant and manufacturer a tax at the
rate of one-third of one per centum on the gross value in money
of all goods, wares, and merchandise sold, bartered, or exchanged
for domestic consumption in the Philippine Islands, and this tax
shall be paid whether such commodities consist of raw materials
or manufactured or partially manufactured products, and whether
of domestic production or imported. * * *
Exemptions.
Sec. 142. The following persons shall be exempted from the
payment of tlie taxes imposed in section one hundred and thirtynine:
*
*
*
*
*
(/) Carpenters, brick masons, tinsmiths, joiners, plumbers, and
other mechanics and artisans, and all other persons who work by
contract, by the piece, or by the day for others and who have no
shop and keep no stock for sale or distribution of articles manu­
factured by them.

Tax.

ACTS OF U. S. PHILIPPINE COMMISSION—190G.
Ict

No. 141G.—Compensation of workmen for injuries—Employees
of insular government.

Compensation
during disabil­ Section 6. Unclassified employees of the insular government,
including laborers, who are injured in clear line of duty may, in
ity.

the discretion of the chief of the bureau and with the approval of
the head cf the department under which they are employed, con­
tinue to receive their regular compensation during the period of
disability not exceeding ninety d ay s: Provided, That the governor
general or proper head of department may, in his discretion, au­
thorize payment of medical attendance, necessary transportation,
and hospital fees for officers and employees injured in clear line
of duty, but such payment shall not be made from the appropria­
tion for the insular salary and expense fund when the bureau or
office concerned has an available appropriation for contingent ex­
penses or public works, as the case may be, from which such pay­
ment can be made, nor shall the provisions of this section be con­
strued to cover sickness as distinguished from physical wounds.




LABOR LAWS----PHILIPPINE ISLANDS----ACTS OF 1907, 1908.

1945

ACTS OF X . S. PHILIPPINE COMMISSION—1907.
T
A ct N o. 15S2.—Protection of employees as voters.
S ection 30.

*
*
*
*
*
Any person who influences or attempts to influence a voter to T hreats of
give or to withhold, his vote at an election by threatening to dis­ discharge, ,etc.
charge such voter from his employment or to reduce his wages, or
by promising to give him employment at higher wages, and any
person who discharges any voter from his employment or reduces
his wages for giving or withholding his vote at an election, shall
be punished by imprisonment for not less than thirty days nor
more than one year, or by a fine of not less than two hundred
pesos nor more than five hundred pesos, or both, in the discretion
of the court.
*
*
*
*
*
A ct No. 1698.—Compensation for injuries of employees of the
insular government, etc.
*
*
*
*
*
Section 25 (as amended by act No. 2120).
*
*
*
*
*
(d)
When an officer or employee in the civil service, insular orP e r i o d of
provincial, or of the city of Manila, permanent or temporary, is paym ent dur­
ing disability.
wounded or injured in the performance of duty, the governor
general or proper head of department may direct that absence
during the period of disability caused by such wound or injury
shall be on full pay for a period not exceeding six months: Pro­
vided: That if the officer or employee is entitled to the vacation
leave provided in section twenty-four of this act, absence for this
reason shall be charged first against such vacation leave: And pro­
vided further, That the governor general or proper head of de­
partment may, in his discretion, authorize payment of medical
attendance, necessary transportation, subsistence and hospital fees
for all insular officers, employees and laborers, and the municipal
board of the city of Manila may also in its discretion, authorize
the payment of such expenses for all officers, employees and
laborers of the city of Manila, whether permanently or tempo­
rarily appointed, and whatever their rate of compensation[,] pay,
or wages, who have been wounded or injured in the performance F a ta l inju­
of their duty: And provided further, That the governor general ries.
or proper head of department or the municipal board of the city
of Manila, as the case may be, may authorize payment of reason­
able burial expenses and of three months’ salary or wages to the
widow or dependent child or children of any officer, employee or
laborer who is killed or dies from wounds or injuries received
while in line of d u ty: And provided further, That payments made
under this paragraph shall not be made from the. appropriation
for general purposes when the bureau or office concerned has an
available appropriation for contingent expenses or public works,
as the case may be, from which such payments can be made, nor
shall the provisions of this section be construed to cover sickness
as distinguished from physical w ounds: Provided, however, That
when such sickness is the direct and immediate result of the per­
formance Of some act in the line of duty, the governor general or
proper head of department may in his discretion authorize the
payment of necessary hospital fees.
ACTS OF PHILIPPINE LEGISLATURE—1908.
A ct No. 1868.—Bureau of labor.
S ec t io n 1. There is hereby established in the department of Bureau estab­
commerce and police a bureau which shall be known as the bureau lished.
of labor.




1946

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

S ec . 2 (as amended by act Xo. 225S). The purpose of this bureau
shall be:
Purposes:
(a) To see to the proper enforcement of all existing laws and
Law enforce-those which shall be enacted hereafter with reference to labor
ment*
and capital in the Philippine Islands, and to promote the enact­
ment of all other legislation which shall tend to establish the
material, social, intellectual, and moral improvement of workers;
Statistics.
(b) To acquire, collect, compile, systematize, and submit from
time to time reports to the secretary of commerce and police,
statistical data relative to the hours and wages of labor, the
number of workers in each trade or occupation employed and
unemployed, their place of birth, age, sex, civil status, and moral
and mental culture; the estimated number of families of married
workers, houses rented by them, and annual rental; property
owned by them, the value of such property; the cost of living,
the amount of labor required, the estimated number of persons
dependent on their daily wages, the probable changes in all the
persons employed, the condition of shops, factories, railways,
tramways, industrial and commercial establishments, and all
other places or temples of labor, whether public or private, in­
cluding the penal institutions of these Islands, with respect to
the safety of life and health of workers; the means adopted to
avoid accidents or make reparation therefor; the number of
accidents which take place, their causes and the action taken in
each case; conditions and certainty of the payment of wages;
the business of savings banks with the working classes; corpora­
tions, strikes, suspensions of work, and other labor difficulties,
their causes and the remedies adopted in each ca se; mutual benefit
associations, workers’ insurance societies, associations for the
collection of statistics and cooperative production and other labor
organizations, and their effects on labor and capital; private em­
ployment, complaint, defense, and consultation agencies for labor­
ers; their conditions and effects and other matters relative to
the commercial, industrial, social, educational, moral, and sani­
tary condition of the working classes and the permanent pros­
perity of the various industries of the Islands; and in the case
of laborers born in foreign countries, the date of their arrival
and the length of their stay in these Islands;
Inspection of
(c) To inspect all shops, factories, railways, tramways, vessels,
factories, etc. industrial and commercial establishments, and all other places or
centers of labor, whether public or private, and to take the proper
legal steps to prevent the exjiosure of the health or lives of labor­
ers, and to aid and assist by all proper legal means laborers and
workers in securing just compensation for their labor, and the
indemnity prescribed by law for injuries resulting from accidents
when engaged in the performance of their duties.
Arbitration of
(d) To secure the settlement of differences between employer
disputes.
and laborer and to avert strikes and lockouts by inducing all
parties to the controversy to submit their differences to arbi­
tration.
Establishment
(e) To organize in such towns in the Philippine Islands as it
mentfoffices10^"may deem necessary or advisable one or more free employment
agencies.
Hindering di( f ) Any person obstructing or resisting the director of labor
rector.
or his deputies in their compliance with the duties prescribed in
subsections (b) and (c) of this section shall, upon conviction
thereof, be punished by a fine of not less than fifty pesos nor
more than two hundred pesos for each offense.
Witnesses.
S ec. 3 (as amended by act No. 2258). By and with the approval
of the governor general, the director of labor or his deputies
shall have power to administer oaths, to issue subpoenas and sub­
poenas duces tecum, and to receive and take affidavits and the
testimony of witnesses and experts when making investigations
authorized by this act.
Officers.
S ec. 4. The bureau of labor shall have one chief and one assist­
ant chief, who shall be appointed by the governor general, by and




LABOR LAWS----PHILIPPINE ISLANDS----ACTS OF 1908.

1947

with the consent of the Philippine Commission, and who shall be
known respectively as the director of labor and the assistant
director of labor. The director of labor shall exercise the powers
and perform the duties herein imposed upon the bureau of labor.
The assistant director of labor shall perform the duties of the
director of labor during the absence or disability of the latter and
such other duties as may be required of him by the director of
labor. The salary of the director of labor shall be seven thousand
pesos and that of the assistant director of labor four thousand
pesos per annum.
A ct N o. 1874.—L iability of employers for injuries to employees.
S e c ti o n 1. If personal injury is caused to an employee, who, at in ju ry caused
the time of the injury, is in the exercise of due care, by reason by—
o f—

First, a defect in the condition of the ways, works, or machinery Defective apconnected with or used in the business of the employer, which p h a n ce s ;
arose from, or had not been discovered or remedied in consequence
of, the negligence of the employer or of a person in his service
who had been intrusted by him with the duty of seeing that the
ways, works, or machinery were in proper condition; or
Second, the negligence of a person in the service of the era- N e g l i g e n c e
ployer who w as intrusted with and was exercising superintendence of superintendand whose sole or principal duty was that of superintendence, or, en ’
in the absence of such superintendent, of a person acting as super­
intendent with the authority or consent of such employer; or
Third, the negligence of a person in the service of the employer N e g lig e n c e
who was in charge or control of a signal, switch, locomotive engine, or train upon a railroad; the employee, or his legal repre* nais, etc., on a
sentatives, shall, subject to the provisions of this act, have the railroad,
same rights to compensation and of action against the employer Status of emas if he had not been an employee, nor in the service, nor engaged Ployee*
in the work, of the employer.
A car which is in use by, or which is in possession of, a railroad Construction
corporation shall be considered as part of the ways, works, or ma- of statute,
chinery of the corporation which uses or has it in possession,
within the meaning of clause one of this section, whether it is
owned by such corporation or by some other company or person.
One or more cars which are in motion, whether attached to an
engine or not, shall constitute a train within the meaning of clause
three of this section, and whoever, as part of his duty for the time
being, physically controls or directs the movements of a signal,
switch, locomotive engine, or train shall be deemed to be a person
in charge or control of a signal, switch, locomotive engine, or train
within the meaning of said clause.
S ec . 2. If, as the result of the negligence of the employer or injuries causthat of a person for whose negligence the employer is liable under ins death,
the provisions of section one, an employee is killed or dies by
reason of injuries received, his widow, or legal heirs, or next of
kin who at the time of his death were dependent upon his wages
for support, shall have a right of action for damages against the
employer.
S ec . 3. If, under the provisions of this act, damages are awarded
Degree of
for the death, they shall be assessed with reference to the degree culpability,
of culpability of the employer or of the person for whose negli­
gence the employer is liable.
The amount of damages which may be awarded in an action Damages,
under the provisions of section one for a personal injury to an
employee, in which no damages for his death are awarded under
the provisions of section two, shall not exceed two thousand
pesos.
The amount of damages which may be awarded in such action,
if damages for his death are awarded under the provisions of
section two, shall not be less than five hundred pesos nor more
than two thousand five hundred pesos for both the injury and
the death,



1948

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

Sec. 4. No action for damages for injuries or death under this
act shall be maintained if a report thereof is not furnished to the
employer within ninety days of the date, place, and cause of the
injury or if the action is not brought within one year from the
Lim itation, time of the accident causing the injury or death. The report
required by this section shall be made in writing and signed by
the person injured or by another in his name, or if, on account
of physical or mental disability, it is impossible for the person
injured to give the notice within the time provided by this sec­
tion, the same may be given within- ten days after such disability
shall have been removed, and in case of death without said report
having been given and without the person having for ten days
at any time after the period above mentioned been able to give
such notice, the widow, legal heirs, or next of kin dependent upon
his wages for support, may give such notice within thirty days
following the death of the laborer. No report given under the
provisions of this act shall be considered void or insufficient by
reason only of some inaccuracy as regards the date, place, or
cause of the injury, if there was no intention to mislead or the
employer has not been misled by reason of such inaccuracy.
Suits t a k e
Sec. 5. All actions for damages which may be brought under
precedence.
this act shall have preference over all other matters save and
except criminal cases and habeas corpus matters on the dockets
of the courts of first instance, and shall be promptly tried by the
court and decided within fifteen days after final submission of the
case to the court for decision.
Allowance
o n application to the court by the party injured or by his duly
pending action, aphorized representatives, the court may make a proper allow­
ance for food and medical attendance during the pendency of the
action and while medical attendance is still necessary by reason
of the injury: Provided, however, That the defendant in the
action shall be given an opportunity to be heard before any such
allowance is made.
Eltr1
a^ftors ^EC*
an emPloycr enters into a contract, written or verbal,
and
subcon-with an independent contractor to do part of such employer’s
tractors.
work, or if such contractor enters into a contract with a subcon­
tractor to do all or any part of the work comprised in such con­
tractor’s contract with the employer, such contract or subcontract
shall not bar the liability of the employer for injuries to the em­
ployees of such contractor or subcontractor caused by any defect
in the condition of the ways, works, machinery, or plant, if they
are the property of the employer or are furnished by him and if
such defect arose or had not been discovered or remedied through
the negligence of the employer or of some person intrusted by
him with the duty of seeing that they were in proper condition.
Contributions
gEC. 7. An employer who shall have contributed to an insurance
fundsf u 1a n c e fund created and maintained for the mutual purpose of indemnify­
ing an employee for personal injuries for which compensation
may be recovered under the provisions of this act or who shall
have contributed to any relief society for the same purpose may
prove in mitigation of the damages recoverable by an employee
under the provisions of this act such proportion of the pecuniary
benefit which has been received by such employee from any fund
or society on account of such contribution of said employer as the
contribution of such employer to such fund or society bears to the
whole contribution thereto.
E f f e c t of S ec . 8. An employee or his legal representatives shall not be
em^oyeedge of entitled under the provisions of this act to any right of action
for damages against his employer if such employee knew of the
defect or negligence which caused the injury and failed within
a reasonable time to give or cause to be given information thereof
to the employer or to some person superior to himself in the serv­
ice of the employer who was intrusted with general superin­
tendence.
Exemptions.
gEC. 9. This act shall not be applicable to domestic servants or
agricultural laborers.
Notice.




LABOR LAWS----PHILIPPINE ISLANDS----ACTS OF 1908.
Sec. 10. Any agreement to renounce the benefits of this act
made by the laborer prior to the occurrence of any accident result­
ing in his injury or death shall be null and void.

1949

Waivers void,

ACTS OF 1900.
A ct

N o.

1956.—Wages as preferred claims—In insolvency.

S ection 50. The following shall be preferred claims which shall Order of paybe paid in the order nam ed :
ment of claims.
(a) Legal expenses, and expenses incurred in the administra­
tion of the insolvent’s estate for the common interest of the
creditors, when properly authorized and approved by the court;
(b) Necessary funeral expenses of the debtor, or of his wife, or
children who are under their parental authority and have no
property of their own, when approved by the court;
(c) Debts, taxes, aid assessments due to the insular govern­
ment;
(d) Debts, taxes, and assessments due to any province or
provinces of the Philippine Islands;
(e) Debts, taxes, and assessments due to any municipality or
municipalities of the Philippine Islands;
(f) Debts for personal services rendered the insolvent by
clerks, laborers, or domestic servants during the sixty days im­
mediately preceding the commencement of proceedings in in­
solvency, not to exceed two hundred pesos for each claimant.
All other creditors shall be paid pro rata.

ACTS OF 1911-12.
A ct N o. 2098.— Contracts of employment— Repayment of advances.
S ection 1. Any person who, with intent to injure or defraud
F a i l u r e to
his employer, enters into a contract for the performance of any render service ;
act of personal service, and thereby obtains money or other per­
sonal property from such employer as a gratuity or advance on
wages to be earned under such contract of employment, and with­
out just cause, and without refunding such money or paying for
such property, refuses or fails to perform such act of service, shall
on conviction thereof be punished by a fine of not more than two
hundred pesos, or imprisonment for not more than six months,
or with both penalties.
S ec. 2. Any person who with intent to injure or defraud his To cultivate
landlord, enters into a contract in writing for the rent of land, rented land '
>
under an agreement to cultivate such land, and thereby obtains
money or other personal property from such landlord, and with­
out just cause, and without refunding such money or paying for
such personal property, refuses or fails to cultivate such land, or
to comply with his contract relative thereto, shall on conviction
be punished by a fine of not more than two hundred pesos, or
imprisonment for not more than six months, or with both pen­
alties.
Sec. 3. Any person who with intent to injure or defraud shall To pay wages,
contract with another to receive from him personal services of any
kind and to compensate him therefor, and thereafter with like
intent receives the benefit of such services in whole or in part and
fails or refuses to pay the compensation agreed upon shall upon
conviction thereof be punished by a fine of not more than two
hundred pesos, or imprisonment for not more than six months,
or with both penalties.
A ct N o. 2129.— Employment offices— Public registry of workmen.
S e c tio n 1. Municipal councils organized under act numbered
Registry aueighty-two, and the townships of Mindoro, Palawan, and B atanes,thorizedare hereby authorized to establish a general register of mechanics
or day laborers residing in their respective municipalities. Said




1950

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

register shall be in charge of the municipal secretary, who shall
keei) same in his office and at the disposal of the public for the
purposes of this act.
Registration.
S ec . 2. The municipal treasurer shall, as soon as the municipal
council shall have so ordered by resolution, carefully ascertain the
trade of each person presenting himself in his office to pay for his
registration certificate or personal cedula, for the purpose of sepa­
rating and making a list of those persons who are mechanics or
day laborers by occupation, and the list made in the manner here­
inafter specified shall be turned oyer to the municipal secretary
for the purpose of entering the names of such persons in the regis­
ter provided for by this a c t : Provided, That said list shall contain
the name, age, civil status, barrio or sitio of residence, and trade
of the person registered, and whether such person is then em­
ployed or unemployed: And provided farth er, That in municipali­
ties where there are free labor exchanges or employment agencies
established as provided in section two (c) of act numbered eight­
een hundred and sixty-eight, the duties hereby imposed on the
municipal secretary shall be performed by the superintendent of
said exchanges or agencies.
Register to Sec. 3. The register or registers provided for in the next prebe open.
ceding section shall be at the disposition of the public.
Dates of con- Sec. 4. As soon as said mechanics or day laborers shall have
entered t0 1)6 accePte<l the conditions of a contract and both parties thereto shall
have complied with all of the requirements of existing laws regu­
lating the relations between employers and laborers, the municipal
secretary shall note in the register in his office, by the side of each
name, the date on which such mechanics or day laborers were con­
tracted and the name of the person, contractor, company, or firm
to whom they are to render their services.
T erm ination
Sec. 5. Upon the cancellation or termination of the contract, the
of contract.
contractor or contractors or employers shall report the fact to the
municipal secretary, who shall make a note of it under the proper
date by the side of the respective name or names.
Employment gEc. 6. Nothing herein contained shall be understood to restrict
n ot restricted.
j^erty of a mechanic or day laborer to seek employment or
occupation elsewhere, subject to the provisions of act numbered
two thousand and ninety-eight, he being obliged only, when he does
so, to report the fact to the municipal secretary for the purpose of
noting his name in the register: Provided, That no fee shall be
charged for the work of making the entries, notations, and regis­
trations provided for in this act.
Reports.
Sec. 7. The municipal secretary shall send a report of current
transactions or statistics regarding mechanics and day laborers
registered in his office to the bureau of labor, monthly or quar­
terly, as may be ordered by the director of labor.
ACTS OF 1912-13.
A ct No. 2193.—Protection of employees as traders.
. Coercion forSection 1. No person, firm, or corporation engaged in any
bidden.
business or enterprise within the territory inhabited by Moros or

Violation.

other non-Christian tribes shall, in any manner force, compel,
or oblige any laborer or other employee employed by him to pur­
chase merchandise, commodities, or personal property of any
kind or nature from such person, firm, or corporation, or from any
other person, firm, or corporation.
gEc. 2. Every person violating the provisions of this act and
every member of a firm, and every director or officer of a corpora­
tion, who knowingly consents to any violation of this act or
directs the same, shall, for each offense, be punished by a fine of
not less than twenty-five nor more than two hundred pesos or by
imprisonment for a period of not less than five days nor more than
six months, or by both such fine and imprisonment, in the discre­
tion of the court.




PORTO RICO.
REVISED STATUTES AND CODES—1911.
L iability of employers for injuries to employees.
S ec t io n 916. Where, after the passage of this act, personal in- in ju ry caused
jury is caused to an employee who is himself in the exercise of'due by—
care and diligence at the time:
1. By reason of any defect in the condition of the ways, works, Defective maor machinery, connected with or used in the business of the em- c h in e ry ;
ployer, which arose from or had not been discovered or remedied
owing to the negligence of the employer or of any person in the
service of the employer and intrusted by him with the duty of
seeing that the ways, works, or machinery, were in proper condi­
tion; or
2. By reason of the negligence of any person in the service of N e g l i g e n c e
the employer intrusted with the exercising of superintendence of superin-tendwhose sole or principal duty is that of superintendence; or
en ’
3. By reason of the negligence of any person in the service of P e r s o n in
the employer who has charge of, or physically controls, any signal, charge of lccoswitch, locomotive engine, car, or train in motion, whether at- m0tlve» etC*
tached to an engine or not, upon a railroad, the employee, or, in
case the injury results in death, his widow or children, or both of W
1
them, and if there be no such widow and children, then his par° ay su *
ents (provided that said parents were dependent upon such em­
ployee for support) may maintain an action for damages against
the employer, pursuant to the provisions of this act [secs. 916925].
S ec . 917 (as amended by act N o. 69, Acts of 1913). When an Assessment of
employee receives a personal injury under any of the conditions damages,
enumerated in section one hereof he may bring an action against
his employer before the proper district court to recover damages
for such injury. In assessing the amount of such damages the
court shall take into consideration the degree of culpability o f the
employer, or of the person for whose negligence the employer is
liable hereunder, the sums expended by the employee for medical
assistance, for drugs, medicines, and similar necessary expenses,
and the loss of wages while recovering from the injury; the court
shall also take into consideration the pain and suffering caused by
the injury. If the injury be of such character as to permanently
impair the earning capacity of the employee, the court shall in­
clude in the damages awarded an allowance for such loss. In case
the injury results in a temporary impairment of his earning
capacity, the court, in addition to pain and suffering and the ex­
penditures for medical services and drugs, shall take into consid­
eration the average rate of wages which, under ordinary condi­
tions, he might have earned if not injured.
S ec . 918 (as amended by act No. 69, Acts of 1913). In case of
Survival of
the death of the employee before the termination of the action so actionbrought against the employer, it may be continued in the name of
his widow or children, and if there be no such widow or children,
then in the name of his parents, if they, or either of them, were
dependent upon such employee for support at the time of the in­
jury. If it shall appear in any action so continued in the name
of the widow, children or parents of a deceased injured employee,
that the death was the result of the injury, damages shall be as1951




1952

BULLETIN OF THE BUBEAU OF LABOR STATISTICS.

sessed by the court, and the court shall estimate such damages
in accordance w it h :
(a) The degree of culpability of the employer or of the person
for whose negligence the employer is liable.
(b) The material damage incurred by the claimant or claim­
ants through the death of the employee, in accordance with the
actual needs that said claimant or claimants had to depend upon
the wages of such employee for their support, taking into consid­
eration his earning capacity and his probabilities of life at the
time of the accident.
Suit by wid­ S ec . 919. When, before having commenced an action hereunder,
ow, etc.
an employee dies as the result of personal injury received under
any of the conditions enumerated under section 1 hereof [sec. 916],
his widow, children, or both of them, or if there be no such widow
or children, then his parents: Provided, Such parents were depend­
ent upon such employee for support at the time of the injury, may
maintain an action against the employer before the proper district
Lim it of dam- court, for damages caused by the death of such employee. Such
ages.
damages shall not exceed the sum of three thousand dollars and
shall be fixed by the court in accordance w ith :
(a) The degree of culpability of the employer or of the person
for whose negligence the employer is liable.
(b) The material damage incurred by the claimant or claim­
ants through the death of the employee in accordance with the
actual needs that such claimant or claimants had to depend upon
the wages of such employee for their support, taking into consid­
eration his earning capacity and his probabilities of life, at the
time of the accident.
Division
S ec . 920. The court, when fixing the amount of damages to be
damages.
paid in case of death by personal injury under this act, shall de­
termine the amount due to each of the claimants in proportion to
the material damages incurred by each of them in accordance with
the actual needs which each of them had to depend upon the wages
of the employee whose death w as caused by accident.
Lim itation.
S ec . 921. No action for the recovery of damages for injury or
death under the provisions of this act [secs. 916-925] shall be
maintained unless notice of the time, place and cause of the in­
jury is given to the employer within thirty days after the injury
is received or unless it is commenced within six months from the
date of the injury. The notice required by this section shall
be in writing, signed by the person injured or by some one in his
behalf; but if from joliysical or mental incapacity it is impossible
for the person injured to give the notice within the time provided
in said section, he may give the same within ten days after the
incapacity is removed, and in case of his death without having
given the notice and without having been at any time after his
injury of sufficient capacity to give the notice, the person or per­
sons entitled to claim compensation pursuant to the provisions
of this act, or their representatives, may give such notice within
thirty days after the death of such employee. But no notice given
under the provisions of this section shall be deemed to be invalid
or insufficient solely by reason of any inaccuracy in stating the
time, place or cause of the in ju ry: Provided, It is shown that there
was no intention to mislead, and that the party entitled to notice
was not in fact mislead thereby.
Employer lia­ Sec. 922. Whenever an employee [employer] enters into a con­
ble, when.
tract, either written or verbal, with an independent contractor to
do part of such employer’s work, or whenever such contractor en­
ters into a contract with a subcontractor to do all or any part of
the work comprised in such contractor’s contract with the em­
ployer, such contract or subcontract shall not bar the liability
of the employer for injuries to the employees of such contractor
or subcontractor, by reason of any defect in the condition of the
ways, works, machinery, or plant, if they are the property of the
employer, or furnished by him, and if such defect arose or had
not been discovered or remedied through the negligence of the



LABOR LAWS--- PORTO RICO----REVISED STATUTES, ETC.----1911.

1953

employer or of some person intrusted by liim with the duty of
seeing that they were in proper condition.
S e c . 923. Xo employee, or his widow or children, or either of Knowledge of
them, or his parents, if there be no such widow or children, shall defect a bar.
be entitled under this act [secs. 916-925] to any right of compen­
sation or remedy against the employer in any case where such
employee knew of the defect or negligence which caused the in­
jury, and failed within a reasonable time to give, or cause to be
given, information thereof to the employer, or to some person
superior to himself in the service of the employer who had in­
trusted to him some general superintendence.
S ec . 924. Any employer who shall have contributed to an insurContribution
ance fund created and maintained for the mutual purpose of
surance
indemnifying an employee for personal injuries for which com­
pensation may be recovered under this act [secs. 9 1 6 -9 2 5 ], or who
has insured the said employee in any insurance company against
the accidents of labor, shall be entitled to have deducted from the
sum which he shall have to pay as compensation under the pro­
visions of this act, the amount that shall have been received by
the person injured, or by his w’idow, or children, or both of them,
or by the parents, if there.be no such widow and children, from
the aforesaid fund or from the insurance company, by reason of
the same accident.
S ec . 925. This act shall not apply to injuries caused to domestic Exceptions,
servants, or farm laborers, by fellow employees.
Labor combinations—Intimidation.
S ection 1653. The orderly and peaceable assembling or coopera- Assemblages,
tion of persons employed in any calling, trade or handicraft, for etc., n o t unthe purpose of obtaining an advance in the rate of wages or com -lawfulpensation, or of maintaining such rate, shall not be unlawful, nor
shall it be unlawful for such persons to organize trade or labor
assemblies or unions for the purpose of bettering the mental and
material condition of the members thereof by lawful peaceable
means.
S ec. 1654. The employment of force, violence, intimidation
interference
or menace, or any form of coercion, by any person, or by persons w i t h employassociated together, against any other person or persons, whether menu
with the object of preventing them from freely pursuing their
employments, professions or trades, or whether with the object of
influencing the price or remuneration paid for their work, shall
be a misdemeanor, and any person convicted thereof shall be
imprisoned not less than thirty days nor more than one year, or
fined not less than ten dollars nor more than five hundred dollars,
or both fined and imprisoned.

Hours of labor on public works.
S ection 1657. Eight hours shall constitute the maximum length Limit of eight
of a working-day, for any work performed and paid out of funds hours,
from the municipalities, school boards, and all other dependencies
of the people of Porto Rico.
S ec . 1658. In all contracts for wT
ork to be paid out of the funds Contracts,
of the people of Porto Rico, municipalities or school boards, each
of said contracts shall contain a provision limiting a day’s work
to eight hours.
S ec . 1659. In works of a public nature, a working-day may be Emergencies,
lengthened only in cases where the lives and property of the in­
habitants of a 'municipality or of the insular government would be
endangered, if same were not done. This act [secs. 1 657-1660]
shall not apply to the insular police force, internal revenue agents,
telegraph operators and telegraph messengers, nor to the clerks
of the departments of the insular government when, in the opin­
ion of the heads of such departments, work beyond eight hours
by them is necessary in the interest of the public service.

39387°—Bull. 148, pt 2—14------47



1954

BU L L E T IN OE T H E BUR EAU OF LABOR STATISTICS.

Violation.

Sec. 1060. Any person who shall w illfully or maliciously violate
Hie provisions of this act [sees. 1U57-1GG0], except as specified in
section 1G59 hereof, shall be guilty of misdemeanor.
Hours of labor of employees on railroads.

Eight hours’
S ec t io n 1GG3. It shall be unlawful for any corporation or rewhen. re(lulie ’ ceiver operating a line of railroad, as a public carrier, in whole or

Violations.

in part, in the island of Porto Rico, or any officer, agent or repre­
sentative of such corporation or receiver to require or permit
any conductor, engineer, fireman, brakeman, train dispatcher, tele­
graph operator, or any trainman who has worked in his respective
capacity for twelve hours within a day of twenty-four hours, to
again go on duty or perform any work for such railroad until
he has had at least eight hours’ rest: Provided, That this pro­
vision shall not apply in case of accident or casualty, or prevent
train crews from taking a passenger train, or freight loaded ex­
clusively with live stock or perishable freight to next nearest
division point, upon such railroad: Provided, further, That this
section shall not apply to employees of sleeping cars.
gE # 1004. ^ny corporation or receiver operating a line or rail­
C
road, as a public carrier, in whole or in part, in this island, who
shall violate any of the provisions of this act [secs. 16G3-1G64],
shall be liable to the people of Porto Rico for a penalty of not
less than one hundred dollars, nor more than five hundred dol­
lars, at the discretion of the court, for each offense, and such
penalties shall be recovered and suit therefor shall be brought
in the name of the people of Porto Rico, in a court of proper
jurisdiction in any district through which such railroad may
run, by the attorney general of Porto Rico or under his direction,
or by the fiscal of said district.
Payment of icages in scrip—Protection of employees as traders.

Scrip,
etc., S e ctio n 1GG7. It shall be unlawful for any corporation, comto be redeem- p a n y, firm, or person engaged in any trade or business, either dia °’
rectly or indirectly, to issue, sell, give or deliver to any person
employed as laborer, journeyman or foreman, by such corporation,
company, firm or person, in payment of wages due such laborer,
or as advances for labor not due, and script [scrip], token, draft,
check or other evidence of indebtedness, payable or redeemable
otherwise than in lawful money; and, if any such script [scrip],
token, draft, check or other evidence of indebtedness, be so is­
sued, sold, given or delivered to such laborer, it shall be con­
strued, taken and held in all courts and places to be a promise to
pay the sum specified therein in lawful money by the corporation,
company, firm or person issuing, selling, giving or delivering the
same to the person named therein, or to the holder thereof. And
the corporation, company, firm, or person so issuing, selling, giv­
ing or delivering the same shall, moreover, be guilty of a misde­
meanor, and, upon conviction thereof, shall be fined not less than
twenty-five dollars, nor more than five hundred dollars, and, at
the discretion of the court, the officer or agent of the corporation,
company, or firm, or the person issuing, selling, giving or deliv­
ering the same, may be imprisoned not less than ten days nor
more than six months.
Coercion as
Sec. 1G6S. If any corporation, company, firm or person shall
to trading.
coerce or compel, or attempt to coerce or compel, an employee in
its, their, or his employment, to purchase goods or supplies in pay­
ment of wages due him, or to become due him, or otherwise, from
any corporation, company,- firm or person, such first-named cor­
poration, company, firm or person shall be guilty of a misde­
meanor, and upon conviction thereof shall be i>unished as pro­
vided in the preceding section.




LABOR LAWS---- PORTO RICO---- REVISED STATUTES, ETC. ----1911.

1955

Employment of children.
S e c tio n 1TTT. Tlie exhibition of children of either sex, under A c r o b a t i c
sixteen years of age, in acrobatic feats endangering their l i v e s , feats forbidden,
is hereby prohibited, and any person violating the provisions
hereof shall be fined from five to fifteen dollars, or imprisonment
not to exceed thirty days for each offense.
S ec . 1780. No child of either sex under sixteen years shall be L im it of day’s
compelled to work in agricultural factories and manufacturing labor,
establishments over six hours per day, three in the morning and
three in the afternoon. All persons who shall violate this pro­
vision shall be fined in a sum of from five to fifteen dollars, or
imprisonment not to exceed thirty days for each offense.
S ec . 1781. No foreman, teacher or other person having under his Compulsion to
charge the work, care or education of a minor under sixteen years labor,
of age, shall resort to inhumane treatment to compel such minor
to work or to study. Any violation of the provisions hereof shall
be punished with a fine of from five to fifteen dollars or imprison­
ment not to exceed thirty days for each offense.

Accidents in sugar mills—Provisions for first aid.
S ec t io n 2355. Owners of sugar centrales located at a distance Resident phyof over four kilometers from a township are hereby directed to sician.
keep during the grinding season a dispensary and a physician or
minor surgeon who shall remain in the centrale during working
hours, in order to urgently lend assistance to persons in cases of
accidents to them.
Earnings of minors.
S e c t io n 3295. Property acquired by an unemancipated child by U sufruct be­
labor or industry, or for any valuable consideration, belongs to longs to parthe said child but the usufruct thereof belongs to the parentsents’ whenhaving potestas over him whilst he lives in their company; but
if the child, with the consent of his parents, lives independently,
he shall be deemed emancipated for all effects as regards the
said property, and he shall be the full owner and have the usu­
fruct a n d a d m in is tr a tio n thereof.

Employment of labor—General provisions.
S ec t io n 4592. The services of servants and laborers may be Term,
contracted for a fixed period of time, or without a fixed period.
A hiring for life shall be void. * * *
S ec . 4593. A domestic servant hired for a fixed time and to be Termination,
employed in the personal service of his master, or of the family
of the latter, may leave the service or be dismissed before the ex­
piration of the term; but if the master dismisses the servant
without sufficient cause, he shall indemnify him by paying him
the wages due and those for fifteen additional days.
The master shall be believed, unless there is proof to the con- M aster to be
trary.—
believed.
1. With regard to the amount of the wages of the domestic
servant.
2. With regard to the payment of the wages earned during the
current year.
S ec . 4594. Besides what is prescribed in the preceding sections Special laws,
with regard to masters and servants, the provisions of special
laws and ordinances shall be observed.
S ec . 4595. Field hands, mechanics, artisans, and other laborers Employees for
hired for a certain time and for a certain work can not leave nor fixed term,
be dismissed, without sufficient cause, before the fulfillment of the
contract.
S ec . 4596. The dismissal of the servants, mechanics, artisans, Dispossession
and other hired laborers to which the preceding sections r e f e r of implements,
gives the right to dispossess them of the implements and of the etc*

buildings which they may occupy by reason of their duties.



1956

B U L L E T IN OF TH E BUREAU OF LABOR STATISTICS.

• S|O
IJjra(;'h^ ay

Sec. 4597. Tlie execution of a work may be contracted for by
agreeing tliat tlie person wiio is to execute the same shall give his
labor or industry only, or that he furnish the materials also.
Contractor
Sec. 4598. If the person who contracted for the work bound
liable for de- himself to furnish the materials, he shall suffer the loss in case
work, when. ° of the destruction of the work before it is delivered, unless there
has been delay in receiving it.
Workman can
Sec. 4599. A person who has bound himself to give his labor or
n o t recover, industry only can not demand any payment if the work is dew ien*
stroyed before it is delivered, unless there should have been delay
in receiving the same, or if the destruction should have been due
to the bad quality of the materials, provided that he may have
given due notice of this circumstance to the owner.
Work by piece.
S ec . 4G01. A person who binds himself to do a work by piece or
by measure may demand of the owner that he receive it in install­
ments, and that he pay therefor in proportion. The part paid for
shall be presumed as approved and received.
re rso n al conSec. 4G04. When a certain work lias been intrusted to a person
tracts.
by reason of his personal qualifications, the contract is rescinded
by the death of said person.
In such case, the owner must pay to the heirs of the constructor
[contractor], in proportion to the price agreed upon, the value of
the part of the work executed, and that of the prepared materials,
provided he may obtain any benefit from such materials.
The same shall be understood if the person who contracted for
the work can not finish it by reason of any cause independent of
his will.
Liability of S ec . 4G05. A contractor is responsible for the work done by the
contractor.
persons he employs thereon.
Recovery on
S ec . 4G0G. Those who furnish their labor and materials in a
ontii*o con- worj£ agreed upon for a lump sum by a contractor have no action
against the owner, except for the amount the latter may owe the
former when the action is brought.
Acceptance of S ec . 4G07. When it should be agreed that the work is to be done
work*
to the satisfaction of the owner, in the absence of his acceptance
the approval is understood as reserved for the proper expert
judgment.
If the person who has to approve the work is a third person,
his decision shall be final.
Earnings to S ec . 4G08. Should there be no agreement or custom to the conbe paid, when, trary, the price for the work must be paid upon delivery.
Work m ay
S ec . 4609. A person who has executed a work on personal propbe retained.
orj.y jiag
j^g]^ to retain the same as a pledge until he is paid
therefor.
include w at.

Contracts of employment—Enforcement.
Order t° ful- S ectio n 5233. Every person who shall bring an action for the
contract, fulfilm ent of any obligation, may obtain an order from the court

having cognizance of the su it: Providing, That the proper measures
be taken to secure the effectiveness of the judgment as the case
may require it, should it be rendered in his favor.
S ec . 5234. The effectiveness of the judgment shall be secured in
the following manner:
*
*
$
$
*
Enforce(c) If the obligation consists in the doing of a thing, an attach­
ment by attach"ment shall be issued against the person who is under such obli­
gation for a sum necessary to execute the work left undone or
done otherwise than as provided in the agreement.
Exemption of -wages from execution.
• ^ 7hat

ef rn "

mgs exempt,

S ectio n 52S3. In addition to the homestead exempted by the
homestead law, the following property belonging to an actual




LABOR LAWS--- PORTO RICO----REVISED STATUTES, ETC.----1911.

1957

resident of this Island is1 exempted from execution, except as
herein otherwise specially provided:
❖
*
$
$
7.
The earnings of the judgment debtor for personal services
rendered at any time within thirty days next preceding the levy
of execution, or levy of attachment, when it appears by the
debtor’s affidavit, or otherwise, that such earnings are necessary
for the use of his family residing in this Island, supported wholly
or in part by his labor: Provided, This act [sec. 5283] shall not
authorize the garnishment of the fees or salary of any public
officer or employee.
❖
*
*
*
Protection cf employees as voters.
S e c ti o n 5609. * * * if an employer of laborers or any agent D ischarging,
of such employer threatens to withhold the wages of, or to d i s - ^**^ho^iding
miss from service any laborer in his employment, or refuses to
& ’
allow to any such employee time to attend at the place of election
and vote, [he] shall be lined not more than one thousand dollars,
nor less than twenty dollars, or imprisoned in the penitentiary
not more than five years nor less than one year, and disfran­
chised and rendered incapable of holding any office of trust or
profit for any period not exceeding ten years.

Employment of children— Certain employments forbidden.
S e c t io n 5707. Any person, whether as parent, relative, guardian, Begging and
employer or otherwise, having in his care, custody, or control any Peddlin£child under the age of twelve years, who shall sell, apprentice, give
away, let out, or otherwise dispose of any such child to any per­
son, under any name, title, or pretense, for the vocation, use, occu­
pation, calling, [or] service of begging, or peddling, in any public
street or highway, or in any mendicant or wandering business
whatsoever, and any person who shall take, receive, hire, employ,
use, or have in custody any child for such purposes, or either of
them, is guilty of a misdemeanor.

'Negligence of employees in charge of steam toilers, etc.
S ec t io n 5773. Every engineer or other person having charge of N e g l i g e n c e
any steam boiler, steam engine, or other apparatus for generating e n d a n g e r i n g
or employing steam, used in any manufactory, railway, or other llfeworks, who willfully, or from ignorance, or gross neglect, creates,
or allows to be created such an undue quantity of steam as to
burst or break the boiler, or engine, or apparatus, or cause any
other accident whereby human life is endangered, is guilty of a
felony.
S ec . 5774. Every person having charge of any steam boiler or N e g l i g e n c e
steam engine, or other apparatus for generating or employing causing death,
steam, used in any manufactory, or on any railroad, or in any
vessel, or in any kind of mechanical work, who w illfully or from
ignorance or neglect, creates, or allows to be created, such an
undue quantity of 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 imprisonment
in the penitentiary for not less than one nor more than ten years.
S ec . 5775. Every captain or other person having charge of any N e g l i g e n c e
steamboat used for the conveyance of passengers, or of the boilers steamboat* ° “
1
and engines thereof, who from ignorance or gross neglect, or for
the purpose of excelling any other boat in speed, creates, or al­
lows to be created, such an undue quantity of steam as to burst
or break the boiler, or any apparatus or machinery connected
therewith, by which bursting or breaking human life is endan­
gered, is guilty of a felony.




1958

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

Negl i gence
Sec. 5776. Every conductor, engineer, brakeman, switchman, or
causing death other person having charge wholly or in part of any railroad
or injury.

car, locomotive, automobile, train or steamboat, which is used as a
common carrier, and any train dispatcher, telegraph operator, sta­
tion agent, or other person wholly or in part charged with the
duty of dispatching or directing the movements of any such car,
locomotive, automobile, train or steamboat, who, through unskill­
fulness, negligence or carelessness, suffers or causes the same to
collide with another car, locomotive, automobile, train or steam­
boat, or with any -other object or thing whereby the death or
injury of a human being is produced, is punishable by imprison­
ment in jail for a maximum term of two years or in the peni­
tentiary for not less than six months nor more than ten years,
according to the gravity of the case.
• I n t oxication
Sec. 5796. Every person who is intoxicated while in charge of
of e n g i n e e r , a locomotive engine, or while acting as conductor or driver upon
etc.
any railroad train or car, whether propelled by steam or electric­
ity, or while acting as train dispatcher, or as telegraph operator,
receiving or transmitting dispatches in relation to the movement
of trains, is guilty of a misdemeanor.
Protection of employees as members of labor organizations.

R e straining
S e c t io n 5919. Any person or corporation within Porto Ilico, or
employees from
joining union. agent or officer on behalf of such person or corporation, who shall

hereafter coerce or compel any person or persons to enter into an
agreement, either written or verbal, not to join or become a
member of any labor organization, as a condition of such person
or persons securing employment or continuing in the employment
of any such persons or corporation, shall be guilty of a mis­
demeanor.
Closing tim e in industrial and mercantile establishments—Sunday
labor.

Hours required
to close.

S ec t io n 6004 (as amended by act No. 131, extraordinary ses­
sion, 1913). During the whole day on every Sunday and from 12
m. on legal holidays, and from 6 p. m., on all working days, except
Saturdays, and on Saturdays from 10 p. m. commercial and in­
dustrial establishments shall remain closed to the public and
Exceptions. suspend all work for employees one hour after closing, excepting
public markets for the sale of alimentary articles of prime neces­
sity, sugar and alcohol factories, coffee-cleaning mills, pharma­
cies, printeries, garages, bakeries, hotels, restaurants, eating
houses, clubs, billiard rooms, ice houses, meat stalls, milk stands,
dairy farms, slaughterhouses, livery stables, piers or docks, un­
dertaking establishments, places where refreshments, sweets, man­
ufactured tobacco, matches and periodicals only are sold, and
cafes; excepting also public and quasi public utilities and works
of emergency necessary to prevent d a n g e r or considerable finan­
cial loss. Theaters, or other places devoted exclusively to amuse­
ments or charitable purposes, shall not be comprised under the
provisions of this section, so far as relates to the purposes stated
herein.
Every violation of this section shall constitute a crime punish­
able by a fine of not to exceed fifty (50) dollars.
Sec. 6005. The municipal council of any municipality may, by
Stores a n d
workshops.
ordinance, require commercial and industrial establishments,
including those excepted in section 553, [6004] or any of them, to
remain closed at all hours on Sunday, excepting the works of
emergency therein mentioned.
Penalties.
Sec. 6007. Any person, firm or corporation violating the provi­
sions of this title, or any part thereof, or of any order issued by
an alcalde, or ordinance passed by a municipal council under
the authority of this title, shall be fined in the police court for
the first offense in a sum which shall not be less than five dollars
($5) nor exceed ten dollars ($10) ; and for a subsequent offense,




LABOR LAWS----PORTO RICO----ACTS OF 1911.

1959

in a sum which shall not be le^s than ten dollars ($10) nor
exceed twenty-five dollars ($25). And for this purpose, the police
courts shall have jurisdiction to impose the fines herein provided;
and in all cases in which the fine imposed shall exceed, excluding
costs, the sum of ten dollars ($10), an appeal may be taken to the
proper district court in the manner provided by law for other
appeals from the police courts. In default of the payment of any
fine imposed hereunder within three days after the judgment
shall have been entered or the appeal dismissed, the person con­
victed shall pay the said fine by imprisonment in the municipal
jail, or in any other penal institution, at the rate of one day for
each half dollar of said fine remaining unpaid.
ACTS OF 1912—EXTRAORDINARY SESSION.
A ct No. 84.—Bureau of labor.
S ec t io n 1. There shall be established, in the office of the direc- Bureau estor of labor, charities and correction, a bureau of labor, which tabiished.
shall be under the charge of the chief of the bureau of labor, who
shall be appointed, upon approval of the governor, by and con- Chief,
tinue in the service at the pleasure of the said director of labor,
charities and correction.
S ec. 2. There shall also be in the bureau of labor an assistant A s s i s t a n t
chief who shall be named by the director of labor, charities and chief,
correction, with the approval of the governor. He shall receive
a salary of two thousand dollars a year, and perform such serv­
ices as may be required by the chief of bureau of labor, and shall
act as chief of the bureau of labor during his absence. The assist­
ant chief of the bureau of labor shall be a man who has made a
study of labor conditions, and is otherwise qualified to perform the
duties of this office.
S ec. 3. The chief of the bureau of labor shall receive a salary
g a i a r y of
of two thousand five hundred dollars ($2,500) per annum, pay- chie£
able monthly, and his necessary traveling expenses and per diem
while away from his headquarters on official business, and shall Duties,
collect and collate information upon the subject of labor, its rela­
tions to the industries of the country, the hours of labor, the earn­
ings of laboring men and women, and the means of promoting
their material, social, intellectual and moral welfare; to investi­
gate the causes of, and facts relating to, such controversies and
disputes between employers and employees as may come to his
attention, and in general to exercise its good offices for the main­
tenance of ' satisfactory relations between employers and em­
ployees ; to prepare, collate and publish labor statistics, and issue
such reports and bulletins in reference to general labor conditions
throughout the Island of Porto Rico as may from time to time be
deemed necessary, and upon the approval of the director of labor,
charities and correction, and to report specifically to the director Reports on
of labor, charities and correction, for transmittal to the director sanitation,
of sanitation, the sanitary conditions of all manufactories, sugar
and industrial concerns in the Island of Porto Rico in which labor
is employed.
S ec . 4. The director of labor, charities and correction shall ap- Employees,
point a stenographer at a salary of fourteen hundred dollars
($1,400) per annum, payable monthly, and a clerk at a salary of
nine hundred dollars ($900) per annum, payable monthly, for said
bureau of labor, who shall perform such duties as may be required
of them by the chief of the bureau of labor.
S ec . 5. The chief of the bureau of labor shall annually make a
Annual re­
report in writing to the director of labor, charities and correction, ports,
which shall be transmitted, through the governor, to the legis­
lature, of the information collected and collated by him, and con­
taining such recommendations as he may deem calculated to pro­
mote the efficiency of the bureau.
S ec . 6. The sum of nine thousand three hundred dollars Appropriation.
($ 9 ,3
 0 0 ), or so much thereof as may be necessary, be and hereby



1960

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

is appropriated, out of any moneys in tlie treasury of Porto Rico
not otherwise appropriated, for tlie payment of salaries, contingent
expenses, travel and subsistence, stationery, postage, etc., neces­
sary to carry out tlie provisions of tliis act.
D i r e c t o r of Sec. 7. The director of labor, charities and correction, to whom
iatx>r, charities, ^ i g law refers, w ill be understood to be the director of the departan correc on. ment of i^ it h , charities and correction created by an act en­
titled “An act to consolidate the offices of the director of char­
ities, the director of prisons and the director of health into the
office of health, charities and corrections,” approved March 10,
1904: Provided, That in the future said department shall be
known as the department of labor, charities and correction, and
the director of the same, as the director of labor, charities and
correction.
in form ation
Sec. 8 (added by act No. 72, Acts of 1 9 1 3 ). The heads of the
by officia?sSliea iusular departments and the mayors of the. municipalities shall
furnish, within a reasonable time after request, either in writ­
ing or verbally, by the chief of the bureau of labor, information
in the possession of such departments or municipalities which
may be desired by such chief to aid him in the discharge of the
functions of the said bureau of labor. Such information may, at
the option of such department heads or mayors, be furnished
either directly or through any subordinate official or employee
designated for the purpose: Provided, That this section shall not
be deemed to prevent any head of a department or mayor of a
municipality from refusing to disclose information of a confiden­
tial and privileged nature until such time as he can procure an
opinion from the attorney general as to the validity of the priv­
ilege claimed.
in form ation
Sec. 9 (added by act No. 72, Acts of 1 9 1 3 ). It will be the duty
from employ- 0f eYery employer, or his agent, to facilitate, furnish or forward,
01s*
upon blank forms that will be furnished by the bureau of labor,
all information that the chief of the said bureau may request:
Provided, That the same is necessary to carry out the purposes
of this act.
A c c e s s to Sec. 10 (added by act No. 72, Acts of 1913). The chief of the
premises.
bureau of labor and the assistant chief of said bureau are hereby
authorized, except as herein otherwise provided, to enter any
building, plantation or premises where persons are employed, dur­
ing the hours said persons are working, to make any inspection
or investigation authorized hereby.
in v e s tig a Sec. 11 (added by act No. 72, Acts of 1913). The chief and the
ti0DSassistant chief of the bureau of labor are hereby empowered to
carry out all investigations or inspections that may be necessary
to comply with the provisions of this law, or any other law
relative to employers and employees.
C o p i e s of Sec. 12 (added by act No. 72, Acts of 1913). When charges are
charges.
brought against any person affected by this act, such person shall
be furnished with a full, true and perfect copy of said charges,
embracing copies of any documentary evidence that may have
been filed, including copies of declarations submitted in support
of snch charges, and shall likewise be supplied with, the names
and addresses of all witnesses who have testified, or may be ex­
pected to testify, against such person.
Definitions.
Sec. 13 (added by act No. 72, Acts of 1913). The meaning of
the word “ employer ” and “ employee,” for the purpose of this
act, shall be the follow ing:
“ (a) Employer: Includes any natural or artificial person who
employs one or more persons in any agricultural, industrial or
public service enterprise for money, or any other compensation or
remuneration of whatever nature, and the administrator, super­
intendent, inspector, boss, overseer or any other agent or repre­
sentative of said person or association of persons.
“ (b) Employee: Includes any person or persons employed by
or working for any employer for money, remuneration or com­
pensation of any kind.”



LABOR LAWS----PORTO RICO----ACTS OF 1912.

1961

S ec . 14 (added by act No. 72, Acts of 1913). TIic provisions of
Construction
sections 0, 10 and 11 shall not be construed in the sense of author- cf aw
>
izing the entrance into any part of a private home or dwelling
and the dependencies and lands thereof, or the inspection of the
same, without the authorization of the occupant.
S ec . 15 (added by act No. 72, Acts of 1913). The present emEmpl oyees
ployees of the bureau of labor, the chief and the assistant chief classified,
included, are hereby included in the classified civil service.

ACTS OF 1913.
No. 30.—Protection of employees on buildings.
S e c tio n 1. All scaffolds, elevators, hoists, platforms, scales or Construction
ladders, or any other mechanical appliance, whether portable o r of scaffolds, etc.
fixed, placed or constructed by any person, firm or corporation in
this Island for the purpose of building, repairing, altering, de­
stroying or painting any house, building, bridge, viaduct or other
construction, shall be constructed in a secure, appropriate and
convenient manner, and so placed when in operation as to offer
proper and adequate protection to the life and body of the per­
son or persons working on the same or who may pass underneath,
and in such manner as to prevent the falling to the ground of any
materials or utensils placed thereon. All scaffolds, platforms or
other similar appliances shall be, if possible, at least two feet
wide and shall have a safety railing around the same, which shall
be 34 inches in height from the floor or surface of said scaffolds
or platforms, and shall extend the full length thereof and be
solidly constructed, and firm and secure enough to prevent its giv­
ing away from the building or construction. The chief of the
bureau of labor, or his representatives are hereby authorized to
stop any work where the above provisions are being violated, and
to require such changes and modifications as may be necessary for
the protection of the life and body of the persons employed in said
places before the work may continue.
Sec. 2. Any natural or juridical person, and the administrator, Violations,
superintendent, foreman, mayor-domo, or representative of said
person who violates this act shall be punished by a fine of not
more than one hundred dollars, or shall be imprisoned in jail for
a maximum term of sixty days.
A ct No. 42.—Employment of women and children.
S ec t io n 1 (as amended by act No. 139, Acts of extraordinary Hours of lasession 1913). No woman shall be employed or permitted to w ork 10* of women*
in any form of lucrative occupation between the hours of 10 p. m.
and 6 a. m. nor more than eight (8) hours during any one calendar
day, nor more than forty-eight (48) hours during any one week:
Provided, however, That the eight (8) hour limitation may be
extended to not more than nine (9) hours during any one calendar
day on condition that any woman so employed for wages for more
than eight (8) hours during any one calendar day shall be paid
for the work performed during such extra period at a rate double
that paid during the preceding eight (8) hours of work, but in
no case shall any woman be employed or permitted to work more
than forty-eight (48) hours during any one week. This section
shall not apply to women over sixteen (16) years of age who
are employed as stenographers, typewriters, office assistants, tele­
phone or telegraph operators or as nurses or domestics.
Sec. 2. All employers shall post in a conspicuous place in the Schedule to
room where women are employed or in the office of the plantation
P°sted*
or estate where they work, a printed notice stating the number of
hours of work required of said women during each day of the
week, the hours of commencing and stopping work and the hour
at which the period allotted for taking food begins and ends.
The printed blanks for such notice shall be supplied by the bureau
of labor
 to those persons who may apply for them.



1962

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

Seats.

S ec . 3. All employers wlio employ women in tlieir establish­
ments sliall provide chairs of an appropriate kind, and shall
place them conveniently where the female employees ordinarily
work, or near such place. Said chairs shall be for the use of
such employees who shall have free access to the same at all
times except when they are occupied in any work that can not
be done sitting.
No woman under the age of sixteen years shall be employed
in any establishment where she must stand constantly.
Employment
S ec . 4 (as amended by act No. 130, Acts of extraordinary sesSidden^wSen*" sion of *913).
child under the age of fourteen (14) years who
’
has not received from the department of education a certificate
stating that he has done the work necessary for admission to the
fourth grade of the public rural schools of the Island, or showing
that he has passed the sixth grade of the public graded schools of
Porto Rico, according to whether the child lives in the country
or in town, or that he has completed the equivalent of such school
work, shall be employed in any lucrative occupation during the
Exceptions, hours that such schools are open: Provided, That this section
shall not comprise any child who resides in a community in which
there are no schools within a reasonable distance wherein ac­
commodation can be furnished, nor any orphan child or any child
who for any other reason depends on his own efforts for support,
nor any child whose parents are invalids and depend exclusively
upon the work of the child for their maintenance. In such cases
a certificate shall be obtained from the alcalde of the municipality
wherein said child resides, which certificate shall state the fact
that such condition or necessity exists, and authorize the em­
ployment of said child. A copy of this authorization shall be
forwarded to the bureau of labor within the ten days following
the issuance thereof: Provided, further, That if said child resides
at a distance of one kilometer from a night school under the direc­
tion of the department of education of Porto Rico, said certificate
shall be effective only during the time that the attendance of
said child at the aforesaid night school shall be certified to monthly
by the teacher of the school, unless a just cause should exist for
the nonattendance of the child at said school.
Certificates All employers of children from whom certificates are required
to be filed.
under the provisions of this act, shall file these certificates, sub­
ject to the inspection of the officers of the department of educa­
tion and of the inspectors of the bureau of labor. When such
employment shall cease the certificates shall be returned to the
children in whose names they .may have been issued.
Hours of laS ec . 5 (as amended by act No. 130, Acts of extraordinary sesk°r*
sion, 1 9 1 3 ). No child under the age of sixteen years shall be em­
ployed or permitted to work in any establishment for more than
seven hours a day, nor for more than forty-two hours a week,
nor in or upon any agricultural estate for more than eight hours
a day nor for more than forty-eight hours a week, nor in any
lucrative occupation between the hours of 6 p. m. and 6 a. m.
Age limit.
No child under the age of ten years shall be employed or per­
mitted to work in any lucrative occupation.
Age certifl- S ec . 6 (as amended by act No. 130, Acts of extraordinary sescate*
sion, 1013). No child under the age of sixteen years shall be
employed unless the#employer shall obtain and preserve, subject
to the inspection of the officers of the department of education
and the agents of the bureau of labor, a certificate of his age
issued by the municipal secretary of the town where the child was
born or resides. In case there is no entry of the birth of said
child in the civil registry of the town where the child was born
or resides, the municipal secretary shall issue a certificate setting
forth the age of the child based upon an affidavit or sworn decla­
ration of one of the parents of the said child, or of his legal
guardian or relative next of kin, or in default of these upon the
affidavit or sworn declaration of two reputable persons who have
knowledge of and can depose to the age of the said child. No
fees shall be charged for issuing the certificates.




LABOR LAWS----PORTO EICO----ACTS OP 1913.

1963

S ec . 7. No boy under the age of twelve years and no girl under
Street occutlie age of sixteen years shall sell newspapers, candies or other Patlons*
merchandise on any of the streets or public squares, nor work as
bootblacks in said places during school hours in the public schools
of Porto Rico.
S ec . 8 (as amended by act No. 139, Acts of extraordinary ses- Begging, etc.
sion, 1913). No father, employer or other person who has in his
care a child under the age of fourteen years shall procure for the
said child or consent under any circumstances to the child’s being
engaged in the following occupations:
1. Begging or receiving alms or any form of mendicity [men­
dicancy].
2. Labor, practices or exhibitions which are dangerous or in­
jurious to health or morals.
3. Manufacturing, using or selling of malt and alcoholic liquors. Air space.
S ec . 9. Any room or department of any establishment where
women and children under the age of eighteen years work, shall
have such capacity that the space corresponding to each employee
shall be not less than 250 cubic feet, and except in cases where
written authorization is obtained from the chief of the bureau of
labor, the capacity of air corresponding to each employee shall
not be less than 400 cubic feet.
S ec . 10. All employers or heads of establishments where women Ventilation.
and children under the age of eighteen years work, shall provide
and see that there shall be in each working room of said establish­
ment appropriate and sufficient means of ventilation. If during
the hours of daily work excessive heat, vapors, gases, dust or
other impurities injurious to health should be produced, the room
shall be ventilated in such a manner as to place the same in the
best condition possible, in accordance with the laws of sanitation.
S ec . 11. All establishments where women and children under Sanitation.
the age of eighteen years are engaged in occupations which pro­
duce dust, shall be whitewashed or painted at least once every
twelve months.
All the floors of the rooms of such establishments shall be
washed perfectly with soap and water at least once every m onth;
and all dressing rooms and water-closets of said establishments
shall be conveniently washed not less than once each week.
S ec . 12. All employers who violate this act or any section or Violations.
provision thereof shall be guilty of a misdemeanor and punished
by a fine of not less than $25 nor more than $100. That for every
violation of this act or of any of the sections or provisions thereof
after the first violation, the employer shall be guilty of misde­
meanor and punishable by a fine of not less than $100 nor more
than $1,000.
S ec . 13. The following definitions of the words and phrases Definitions,
used herein shall be accepted in connection with this act, unless
a different meaning is deduced from the text hereof:
“ Employer ” includes all natural or artificial persons and the
administrator, superintendent, foreman, mayor-domo and repre­
sentative of said natural or artificial persons.
“ Lucrative occupation ” includes all work or works in factories,
mills, centrals, machine shops or establishments or places of any
kind where a factory or mechanical enterprise is carried on; in
storehouses, stores, establishments or places of any kind where
mercantile transactions are carried on, or estates, plantations,
farms or places of any kind where agricultural, horticultural or
pasturing is carried on and in all enterprises of mining or fishing.
“ Establishment 9 includes all buildings, factories, workshops,
9
stores or other places of a like kind where any lucrative occupa­
tion exists.
“ Plantation ” includes all plantations, farms or other parcels
of land where any lucrative occupation is carried on.
S ec . 14. The bureau of labor is hereby authorized to carry out Enforcement.
the provisions of this act, to prosecute violations of the same, to
summon witnesses, administer oaths and take .testimony, to com­
pel the introduction of evidence and to visit dr examine through




1964

B U L L E T IN

of

TITE BUR EAU OF LABOR STATISTICS.

its chief or bis assistants tlie buildings of any establishments or
estate to which this act refers, during tlie hours when tlie em­
ployees are at work.
ACTS OF 1913—EXTRAORDINARY SESSION.
A ct, No. 139.—Employment of children.
When chilS ectio n 6. The said act [No. 42, Acts of 1913], * * 8 shall
5
4
dren may he not apply to children under sixteen and over ten years of age
employed.
are empi0yea jn picking or gathering coffee or in planting,

picking or tending in tlie field any agricultural or horticultural
products in company with or under the direct personal supervision
of their parents, guardians, or relatives over sixteen years of age.
A ct N o. 140.—Hours of labor on public works.
Eight - hour
S ectio n 1. The service and employment of all laborers, work­
day.
men and mechanics who are now or may hereafter be employed

Contracts.

Violations.

by the people of Porto Rico or by any municipality or school
board or other dependency of the people of Porto Rico, or by
any contractor or subcontractor upon any of the public works of
any of the said municipalities, school boards or other dependencies
of the people of Porto Rico, is hereby limited and restricted to
eight hours in any one calendar day, and it shall be unlawful for
any officer of the people of Porto Rico or of any municipality
or school board or other dependency of the people of Porto Rico
whose duty it shall be to employ, direct or control the services of
such laborer, workman or mechanic to require or permit any such
laborer, workman or mechanic to work more than eight hours
in any one calendar day. No penalties shall be imposed for any
violation of the provisions of this act due to any extraordinary
events or conditions of manufacture, or to any emergency caused
by fire, famine or flood, by danger to life, property, public safety
or public health, or by other extraordinary event or condition on
account of which the governor of Porto Rico shall subsequently
declare the violation to have been excusable.
S ec . 2. Every such contract, excluding contracts for the pur­
chase of material or supplies, to which any municipality or school
board or other dependency of the peoj)le of Porto Rico is a party
which may involve the employment of laborers, workmen or me­
chanics, shall contain a stipulation that no laborer, workman or
mechanic working in Porto Rico, in the employ of the contractor,
subcontractor or other person doing or contracting to do the
Whole or a part of the work contemplated by the contractor shall
be required or permitted to work more than eight hours in any
one calendar day, and every such contract shall stipulate a pen­
alty of five dollars for each laborer, workman or mechanic for
every calendar day in which he shall be required or permitted
to labor more than eight hours upon such work, and no contract
which does not contain this stipulation shall be approved by the
officer charged with the approval thereof.
S ec . 3. Any officer or agent of the people of Porto Rico, or of
any municipality, school board or other dependency of the people
of Porto Rico, who, having charge or supervision of any public
work for the people of Porto Rico, or any municipality, school
board, or other dependency of the people of Porto Rico, shall
require or permit any workman, laborer, or mechanic employed
by the people of Porto Rico, or by any municipality, school board,
or other dependency of the people of Porto Rico, to labor more
than eight hours in any one calendar day upon such public work,
shall be liable to a penalty of five dollars for each laborer, work­
man or mechanic for every calendar day in which he shall be
required or permitted to labor more than eight hours upon such
work. The amount of such penalties shall be withheld by the
auditor of Porto Rico, or by the proper disbursing officer of such
municipality, school board, or other dependency of the people




LABOR LAWS---- PORTO RICO---- ACTS OF 1913.

1965

of Porto Rico, a t l i e case may be, for tiie use and benefit of the
peojDle of Porto Rico, or of such municipality, school board or
other dependency of the people of Porto Rico, from the salary,
or other pay or emoluments, of such officer or other person.
S ec. 4. Any officer of [or] person whose duty it shall be to . S u p ervisors
inspect or supervise any -work to be performed under any contract tionsf01 V a
1°
covered by the provisions of this act, or to aid in enforcing the ful­
fillment thereof, shall forthwith report to the proper officer of
the people of Porto Rico, or of any municipality-, school board, or
other dependency thereof, as the case may be, every violation of
the provisions of this act, together with the name of the person
or persons responsible therefor, the name of each laborer, work­
man or mechanic who has been required or permitted to labor
in violation of such stipulation and the day of such violation,
and the amount of penalties imposed according to the stipulation
of any such contract shall be withheld for the use and benefit
of the contracting municipality, school board, or other dependency
of the people of Porto Rico, an the case may be, by the officer
or person whose duty it shall be to approve the payment of moneys
due under such contract, whether the violation of the provisions
of such contract is by the contractor or by any subcontractor.
S ec . 5. Any officer or person whose duty it shall be to inspect Officials to
cr supervise work to be performed by the people of Porto Rico, tfons.
any municipality, school board or other dependency of the people
of Porto Rico, shall forthwith report to the proper officer of the
people of Porto Rico, or of the municipality, school board or other
dependency thereof, as the case may be, all violations, of the
provisions of this act, together with the name or names and occu­
pation of such persons responsible for such violations, the name
of each laborer, workman or mechanic who has been required or
permitted to labor in violation of this act, and the day or days
of such violation.
Sec. 6 . Any contractor, subcontractor, or officer or employee of .. Review of acthe people of Porto Rico, of any municipality, school board or 10n‘
other dependency of the people of Porto Rico, aggrieved by the
withholding of any penalty, as provided in this act, shall have the
right, within three months thereafter, to appeal to the governor
of Porto Rico, who shall have power to review the action imposing
the penalty.
S ec. 7. This act shall not apply to, or be construed as applicable Scope of act.
to, the employment by the people of Porto Rico, or any munici­
pality, school board, or other dependency of the people of Porto
Rico, of persons whose services are rendered for a fixed rate of
compensation per month or year, nor to the employment of la­
borers, workmen or mechanics in the irrigation service of Porto
Rico, nor to the employment of laborers, workmen or mechanics
engaged upon public works for any municipality, school board, or
other dependency of the people of Porto Rico for which a con­
tract or contracts have been, or may be, entered into under the
provisions of appropriation acts passed by the legislature or
ordinances for loans approved by the executive council prior to
the passage of this a c t; nor to works on specific projects for which
appropriations have been made prior to the approval of this act.
S ec . 8. Any officer or employee of the people of Porto Rico, or Failure to re­
e f any municipality, school board, or other dependency of th e p
V a
1°
people of Porto Rico, charged by this act with the duty of report­
ing violations of this act, who, having knowledge that the pro­
visions, or any of them, of this act, are being violated, shall fail
to report such knowledge, as herein required, shall be deemed
guilty of a misdemeanor, and upon conviction, shall be punished
by a fine of not more than five hundred dollars, or by imprison­
ment for not more than two months, or by both such penalties, in
the discretion of the court.







RHODE ISLAND.
GENERAL LAW S—1909.
’C h a p t e r 50.—P rivate employment offices.
‘
S e c t io n 18. Town councils may license suitable persons as License r e keepers of intelligence offices for the purpose of obtaining or giv­ quired.
ing information concerning places of employment of domestics,
servants or other laborers, except seamen, or for the purpose of
procuring or giving information concerning such person for or to
employers, or for the purpose of procuring or giving information
concerning employment in business; and may fix the amount to be
paid for such licenses; and may revoke such licenses at pleasure.
And whoever, without a license therefor, establishes or keeps an
intelligence office for the purposes named in this section, shall be
fined ten dollars for each day such office is so kept.
C h a p t e r 72.—Employment of children—School attendance.
S c h o o l atS ec t io n 1. Every child who has completed seven years of life
and has not completed fifteen years of life, unless he has com­ t e n d a n c e re­
quired.
pleted in the public schools the elementary studies taught in the
first eight years of school attendance, exclusive of kindergarten
instruction, provided for in the course of study adopted by the
school committee of the city or town wherein such child resides,
or unless he shall have completed fourteen years of life and shall
be lawfully employed at labor or at service or engaged in business,
shall regularly attend some public day school during all the
days and hours that the public schools are in session in the city
or town, wherein he resides; and every person having under his
control a child as above described in "this section, shall cause
such child to attend school as required by the above-stated pro­
visions of this section, and for every neglect of such duty the per­
son having control of such child shall be fined not exceeding
twenty dollars: * * *
S ec . 4. The truant officers may visit any places or establish­ Enforcement.
ments where such minor children as are described in the preced­
ing sections of this chapter are employed, to ascertain whether
the provisions of this chapter are duly complied with, and may as
often as twice in every year demand from all employers of such
children a report containing the names of all children who have
not completed sixteen years of life that are employed by them,
such report to give the names, ages, and residences of all such
children; and all employers of such children shall, upon request,
produce for the inspection of the truant officer the certificates
prescribed in chapter seventy-eight; and for any refusal to make
such reports as are above provided for, or for any refusal to pro­
duce the above-mentioned certificates, any employer of such chil­
dren shall be fined not exceeding ten dollars.
C h a p t e r 78.—Inspection

and regulation of factories—Employ­
ment of children.

S ec t io n 1 (as amended by chapter 956, Acts of 1913). No child
under fourteen years of age shall be employed or permitted or
suffered to work in any factory, manufacturing or business estab­
lishment within this State, and no child under sixteen years of

1967



Age limit.

1968

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

age shall bo employed or permitted or suffered to work in any
factory or manufacturing or business establishment within this
State between the hours of eight o’clock in the afternoon of any
Certificates. day and six o'clock in the forenoon of the following day. No
child under sixteen years of age shall be employed or permitted
or suffered to work in any factory or manufacturing or business
establishment unless said child shall present to the person or cor­
poration employing him or her an age and employment certificate,
given by or under the direction of the school committee of the city
or tow:.i in wliicli said child resides: such certificate shall state
(a) the name of said child, (b) the date and place of birth of said
child, (c) the height, color of eyes and hair, and complexion of
said child, (d) the name and place of residence of the person
having control of said child, and such certificate shall certify
(1 ) that said child has completed fourteen years of age, (2 ) that
said child is able to read at sight and write legibly simple sen­
tences in the English language, and (3) that said child has been
examined physically by a licensed physician, and that said physi­
cian has certified that said child is in sufficiently sound health
and physically able to be employed in any of the occupations or
processes in which a child between fourteen and sixteen years of
Proof of age. age may be legally employed. The statements contained in such
certificate in regard to the name, date and place of birth of said
child, shall be substantiated by a duly attested copy of the birth
certificate, baptismal certificate, or passport of such child. After
the official authorized to issue the age and employment certificate
above named has determined that the child applying for such
certificate is fourteen years of age and can read and write as
Physical ex­ above required said official shall send such child to a physician
amination.
for a physical examination and no age and employment certificate
shall be issued to any child until the said physician shall certify
in writing that said child, is in sufficiently sound health and
physically able to be employed in any of the occupations or
processes in which a child between fourteen and sixteen years of
age may be legally employed. For making the physical examina­
tion and certifying as to the health, the aforesaid physician shall
receive from the State the sum of §1.00. He shall render to the
secretary of the State board of education his account, properly
certified by the official authorized to issue the age and employment
certificate required by this section.
All such age and employment certificates issued shall be uni­
form throughout the State, and in the following form, or such
substantially similar form as may be approved by the secretary
of the State board of education:
Niglitwork.

AGE AND

Form.




EM PLOYM ENT CERTIFICATE.

This certifies that I am the (father, mother, guardian, or custo­
dian) and have control of (name of child), whose signature ap­
pears below, and that (he or she) was born at (name of town
or city), in the county o f ---------, and State (or country) of---------,
on the (day) of (month) A. D. ---------, and is now (number of
years and months) old.
(Signature of child.) (Signature of person having control of
said child and his or her residence.)
(Town or city and date.)
I hereby approve the foregoing certificate of (name of child) ;
whose height is (feet and inches) ; eyes are (color) ; hair is
(color), and complexion is (fair or dark).
I certify that said (name of child) is able to read at sight and
write legibly simple sentences in the English language, and that I
have reason to believe that said (name of child) has completed
fourteen years of age, is of the age therein certified, and has been
certified to according to law as in sufficiently sound health and
physically able to be employed in any of the occupations or proc­
esses in which a child between fourteen and sixteen years of age
may be legally employed.

LABOR LAWS---- RHODE ISLAND---- GENERAL LAWS ----1909.

1969

This certificate belongs to (name of child), and is to be sur­
rendered to (him or her) whenever (he or she) leaves the service
of the person or corporation holding the same: But if not
claimed by said child within two weeks from such time it shall be
returned to the school committee which issued it, or to such per­
son as such committee shall designate.
(Signature of person authorized to approve and sign with offi­
cial character or authority.)
(Town or city and date.)
In case it appears to the satisfaction of the school committee,
or person authorized to give such certificate, that neither the
birth certificate, baptismal certificate nor passport of such child
can be produced, the age and employment certificate may be
granted on other evidence satisfactory to the secretary of the
State board of education.
All certificates required by this chapter relating to the quali­
fication of children employed in any factory, or manufacturing or
business establishment coming under the provisions of this chap­
ter shall be kept by the employer at the place where such child is
employed, and shall be shown to the factory inspectors provided
for by this chapter, or either or any of them, on demand by said
inspector or inspectors; and the proprietor or manager of any such
factory or manufacturing or business establishment who shall fail
to produce or shall refuse to show to any factory inspector any such
certificate when demand is made therefor shall be deemed guilty
of a misdemeanor, and on conviction thereof shall be punished by
a fine of not less than ten nor more than fifty dollars.
Whenever any factory inspector shall have reason to doubt the Investigations
accuracy of any statement made in any such certificate concerning 5*
a s e o£
the age or other qualifications of any child employed thereunder,
such inspector shall demand such certificate of the employer of
such child, and upon receiving the same shall give such employer
a receipt therefor. If after investigation such inspector shall find
that such certificate should not have been issued to said child
under the provisions of this law, then he shall deliver such cer­
tificate to the person who issued it, and shall order it to be can­
celed, and shall forthwith notify the said employer that such
child must not be longer employed. Every employer or proprietor
or manager of any factory or manufacturing or business estab­
lishment who shall continue to employ such child after receiving
such notice from any factory inspector shall be deemed guilty of
a misdemeanor, and on conviction thereof shall be subject to the
penalty imposed by section 12 of this chapter.
Whenever any factory inspector shall have reason to doubt that
any child employed in any factory or manufacturing or business
establishment, and not provided with an age and employment cer­
tificate, has reached the age of sixteen years, such factory inspec­
tor shall make demand on such child’s employer that such employer
shall either furnish him within ten days a certificate of age issued
by the same authority and based on the same evidence required for
the issuance of age and employment certificates, or shall cease to
employ such child or permit or suffer such child to work in
such factory or manufacturing or business establishment. In
case such employer shall fail to deliver such certificate to the
factory inspector, within ten days after such demand, and shall
thereafter continue to employ such child, or permit or suffer such
child to work in such factory or manufacturing or business es­
tablishment, such employer shall be deemed guilty of a misde­
meanor, and on conviction thereof shall be subject to the penalty
imposed by section 12 of this chapter, and proof of the making of
such demand and of failure to deliver such certificate shall be
prima facie evidence, in any prosecution brought for a violation
of this provision, that such child is under 16 years of age and is
unlawfully employed.
When any child employed under the provisions of this section Certificate to
leaves his or her employment, the person or corporation by whom be returned,
such child has been employed shall, on demand by said child, de
http://fraser.stlouisfed.org/
39387°— Bull. 148, pt 2—14------48
Federal Reserve Bank of St. Louis

1970

B U L L E T IN O F TH E BUREAU OF LABOR STATISTICS.

liver to liim or her tlie certificate on the authority of winch such
child has been employed, unless such certificate has been canceled
as hereinbefore provided; or if such certificate is not demanded
by such child, shall, within two weeks after said child has left
the employment of said person or corporation, send said cer­
tificate to the school committee which issued it, or to such person
as the school committee may designate. The school committee of
each town, or such person as the school committee may designate
to issue the certificate provided for in this section, shall keep on
file a copy of each certificate granted, together with the evidence
on which such certificate was granted.
Application of S ec . 2. Every person, firm, or corporation doing business within
law*
this State employing five or more persons, or employing any child
under sixteen years of age, shall be subject to the provisions of
this chapter, whatever shall be the business conducted by said
person, firm, or corporation: Provided, Timeever, That the pro­
visions of this chapter shall not apply to children employed in
household service or in agricultural pursuits: And provided, fur­
ther, That said provisions shall not apply to the employment of
children, in the vocation, occupation, or service of rope or wire
walking, or as gymnasts, wrestlers, contortionists, equestrian per­
formers, or acrobats, riders upon bicycles or mechanical con­
trivances, or in any dancing, theatrical, or musical exhibition, but
the employment of children in any vocation, occupation, or service
enumerated in this proviso shall continue to be governed by the
provisions of the General Laws, chapter one hundred thirty-nine.
Inspectors.
S ec . 3 (as amended by chapters 576, Acts of 1910, and 836, Acts
of 3912). The governor shall, upon the passage of this act, and
in the month of January of every third year hereafter, appoint,
with the advice and consent of the senate, one chief and four
assistant factory inspectors, one of whom shall be a woman, whose
term of office shall be three years and until their successors shall
be so appointed and qualified. * * * Any vacancy which may
occur in said offices when the senate is not in session shall be filled
by the governor until the next session thereof, when he shall,
with the advice and consent of the senate, appoint some person to
fill such vacancy for the remainder of the term. Said inspector
shall be empowered to visit and inspect, at all reasonable hours
and as often as practicable, tlie factories, workshops, and other
establishments in this State subject to the provisions of this chap­
ter, and shall report to the general assembly of this State at its
January session in each year, including in said reports the names
of the factories, the number of such hands employed, and the num­
ber of hours of work performed in each week. It shall also be
the duty of said inspectors to enforce the provisions of this chap­
ter and prosecute all violations of the same before any court of
competent jurisdiction in the State.
The name and residence of any child found working without t.he
certificate provided for in section one of this chapter shall be
reported by the chief inspector to the school committee in the city
or town where such child resides. Said inspectors shall devote
their whole time and attention to the duties of their respective
offices, under tlie direction of the chief inspector. The annual
salary of the chief inspector shall be two thousand five hundred
dollars; and each of the assistant inspectors, fifteen hundred
dollars.
Expenses.
S ec . 4 (as amended by chapter 576, Acts of 1910). All neces­
sary expenses incurred by such inspectors in the discharge of their
duty shall be paid by the general treasurer out of any funds in
the treasury not otherwise appropriated, upon the presentation
of proper vouchers for the same approved by the governor: Pro­
vided, That not more than twenty-three hundred dollars in the
aggregate shall be expended by said inspectors for such expenses
in any one year.
G u a r d s re* S ec . 5 (as amended by chapter 701, Acts of 1911). It shall be
hoistways etc.* tlie duty of the owner, agent or lessee of any factory, manufactur’ ' ing or mercantile establishment, where hoisting shafts or well


LABOR LAW S---- RHO DE ISL A N D ---- G E N E R A L LAW S---- 1009.

1971

holes are used, to cause tlie same to be properly and substantially
enclosed or secured if, in tlie opinion of tlie inspectors, it is nec­
essary to protect tlie life or limbs of those employed in such estab­
lishments. The owner, agent or lessee of any factory, manufactur­
ing or mercantile establishment shall enclose or cause to be en­
closed all freight elevator ways on all sides thereof, and shall
provide or cause to be provided an entrance or entrances thereto
by means of an automatic or semiautomatic gate or gates, not less .
than six feet in height, sliding vertically upward and so con­
structed as to close by the action of the elevator on leaving each
floor.
S ec. 6. No minor under sixteen years of age shall be allowed to . Minor cleanclean machinery while in motion, unless the same is necessary and machinery 1n g
is approved by said inspectors as not dangerous. All belting and
gearing shall be provided with proper safeguard[sj.
S ec . 7. It shall be the duty of the owners or superintendent to Accidents,
report in writing to the factory inspectors all fatal accidents
within forty-eight hours after their occurrence; and all accidents
which prevent the injured person or persons from returning to
work within two weeks after the injury shall, within one week
after the expiration of such two weeks, be reported in writing by
the person in charge of such establishment or place to the said
inspectors, stating as fully as possible the cause of such accidents.
S ec. 8. Water-closets, earth closets or privies shall be provided Water-closets,
in all places where women and children are employed, in such etc*
manner as shall, in the judgment of said inspectors, meet the de­
mands of health and propriety. Separate dressing rooms for
women and girls shall be provided in all establishments where
such are deemed a necessity by said factory inspectors; and in
every manufacturing, mechanical or mercantile establishment in
which women and girls are employed, there shall be provided, a ietSemDio6conveniently located, seats for such women and girls, and they ees.
y"
shall be permitted to use them when their duties do not require
their standing.
S ec. 9. I f the factory inspectors, or either one of them, find that dl^ ^ tive con“
the heating, lighting, ventilation or sanitary arrangement of any
shop or factory is such as to be injurious to the health of the
persons employed therein, or that the means of egress in case of
fire or other disaster is not sufficient, or in accordance with all the
requirements of law, or that the belting, shafting, gearing, ele­
vators, drums and machinery in shops and factories are located
so as to be dangerous to employees, and not sufficiently guarded,
or that the vats, pans or structures filled with molten metal or
hot liquid are not surrounded with proper safeguards for prevent­
ing accident or injury to those employed at or near them, either
or both shall notify the proprietor of such factory or workshop to Notice,
make the alterations or additions necessary within ninety days;
and if such alterations or additions are not made within ninety
days from the day of such notice, or within such time as such
alterations can be made with proper diligence upon the part of
said proprietors, said proprietors or agents shall be deemed guilty
of violating the provisions of this chapter, subject, however, to the
right of appeal as hereinafter provided.
S ec . 10. Any person who is aggrieved by any order of said in- # Appeal from
specters may appeal therefrom to the district court of the judicial ^ P ectors’ or'
district in which the building which is the subject of the order is
situated, by filing his reasons of appeal within seven days after
the date of the order appealed from, and by giving notice thereof
to the inspector who made the order within forty-eight hours after
filing said reasons of appeal; and said court shall proceed to hear
the said appeal at its first session after such notice shall have
been given, and shall approve, modify, or revoke said order as it
may deem right, subject, however, to the right of a jury trial
after decision * * * And any such decision of said court from
which a jury trial is not claimed shall be final and conclusive.
S ec. 11. The State shall provide a suitable office for the use of Power of in­
said factory inspectors; and said factory inspectors shall have the sPectors*




1972

BULLETIN OP THE BUREAU OF LABOK STATISTICS.

power to administer oaths or affirmations in cases where persons
desire to verify documents connected with the proper enforcement
of this chapter.
Violations.
Sec. 12. Any person or corporation who employs a child under
sixteen years of age without the certificate required by section
one of this chapter, or who makes a false statement in regard to
any part required by such certificate or who violates any of the
provisions of this chapter, or who suffers or permits any child or
woman to be employed in violation of its provisions, shall be
deemed guilty of a misdemeanor and, on conviction, shall be pun­
ished by a fine of not more than five hundred dollars: Provided,
however, That this section shall not apply to that portion of sec­
tion one of this chapter which fixes the penalty for the refusal to
show to the inspector any certificate provided for in that section.
Copy of act Sec. 13. A printed copy of this chapter shall be posted by the
to be posted.
inspectors in each workroom of every factory, manufacturing or
mercantile establishment where persons are employed who are
affected by the provisions of this chapter.
Surety f o r
S ec . 14. The inspectors created by section three of this chapter
costsshall not be required to give surety nor personal recognizance for
costs.
Enforcement
S ec . 15. The factory inspectors shall, in addition to their duties
of law as to otherwise provided, enforce the provisions of section twenty-two,
hours of labor. cji a pj:er two hundred forty-nine and may prosecute all violations of
the same before any court of competent jurisdiction in the State.
S u p p l y of gEc. 16. All manufacturing establishments in this *State shall
to^be m^vlded.1 provide fresh drinking water, of good quality, to which their em'
* ployees shall have access during working hours.
Violation.
gE0# 1 7 . ^ ny corporation, association, firm or person owning, in
whole or in part, managing, controlling, or superintending any
manufacturing establishment in which the provision of the pre­
ceding section is violated shall, upon complaint of the board of
health of the city or town, or the town council of the town, in
„ (Which the establishment is located, be liable to a fine of one hun­
dred dollars for each offence.
Duties of in- gEc. 18 (added by chapter 576, Acts of 1910). Said chief in­
bakeries etc t0 sP ec to r, or any assistant factory inspector required by him, shall
* ’ have charge of the inspection of bakeries, confectioneries, and ice
cream manufactories, and any premises upon which bread or other
products of flour or meal are baked or mixed or prepared for
baking or for sale as food, in this State. Said inspector shall have
charge of the inspection of cooked and prepared foods and foodMarkets, res- stuffs displayed or offered for sale in any store, market, restautaurants, etc. rant, lunch cart or lunch counter, or other j)lace of public display
which are liable to become detrimental to public health through
exposure to and contact with flies, animals, insects, dust, and
germs, and he shall have the authority to require that all foods of
this description shall be kept in tight wooden or glass cases or
cupboards, or under glass, earthen, or tin covers, or in cases or
cans, or wrapped in paraffine paper, or protected in such a man­
ner that no dust or animals can come in contact with said foods
while thus offered for sale. He is also authorized to require
that said foods, when carried through any street, private
way, or public place, shall be protected in a similar manner. All
candies, confectionery, dried or preserved fruits, dates, figs, cut
fruits, cut melons, cracked nuts, or nut meats shall be protected
as provided above, when offered for sale, and any such inspectors
so acting, whether one or more of such inspectors, or whether act­
ing at the same or different times, shall for such purposes be des­
ignated as a State inspector of bakeries and foods. Such inspec­
tor shall not be pecuniarily interested, directly or indirectly, in
the manufacture or sale of any article or commodity used in any
business included in the provisions of this act, and shall not give
certificates or written opinions to a maker or vender of any such
article or commodity.
Bakeries to
S ec . 19 (added by chapter 576, Acts of 1910). No person, copartoe
inspected, j^ghip^ or corporation shall carry on the business of a public


LABOR LAWS--- RHODE ISLAND----GENERAL LAWS----1909.

1973

bakery, confectionery, or ice cream manufactory, or place where
bread or other products of flour or meal are baked or mixed or
prepared for baking or for sale as food, until such premises are
inspected by said State inspector. If such premises be found to
conform to the provisions of this act, said inspector shall issue a
certificate to the owner or operator of such bakery, confectionery,
or ice cream manufactory, or place where flour or meal food prod­
ucts are baked or mixed or prepared for baking or for sale as
food.
S ec . 20 (added by chapter 576, Acts of 1910).’ All buildings or Sanitary re­
rooms used or occupied as biscuit, bread, macaroni, spaghetti, pie quirements.
or cake bakeries, ice cream or confectionery manufactories, or
where flour or meal food products are baked or mixed or prepared
for baking or for sale as food, shall be drained and plumbedi in
a manner conducive to the proper and healthful sanitary condi­
tion thereof, and shall be constructed with air shafts, windows, or
ventilating pipes sufficient to insure adequate and proper venti­
lation. No cellar, basement, or place which is below the street
level shall hereafter be used or occupied for the purposes men­
tioned in this section: Provided, That the same may be so used
or occupied by the present occupant only.
S ec . 21 (added by chapter 576, Acts of 1910). Every room used Same subject,
for the purposes included in this act shall have, if deemed neces­
sary by such inspector, an impermeable floor constructed of
cement, or of tiles laid in cement, or of wood or other suitable
nonabsorbent material which can be flushed and washed clean
with water. Such inspector shall require said premises to be kept
at all times in a sanitary condition; he may also require the wood­
work of such walls to be well oiled, varnished, or painted. The
furniture and utensils shall be so arranged as to be readily
cleansed and not prevent the proper cleaning of any part of the
room.
The manufactured flour or meal food products shall be kept in
dry and airy rooms, so arranged that the floors, shelves, and all
other facilities for storing the same can be properly cleaned.
No domestic animals except cats shall be allowed to remain in a
room used as a biscuit, bread, pie, or cake bakery, or any room in
such bakery where flour or meal products are stored or kept.
S ec . 22 (added by chapter 576, Acts of 1910). Every such W ash rooms,
bakery, confectionery, or ice cream manufactory, or place where w a te r-c lo s e ts,
flour or meal food products are baked or mixed or prepared for
baking or for sale as food, shall be provided with a proper wash
room and water-closet, or water-closets, apart from the bake
rooms or rooms where the manufacture of such food products is
conducted, and they shall be maintained in a sanitary condition;
no water-closet, earth closet, privy, or receptacle for garbage shall
be within or connect directly with the bake room of any bakery or
room where ice cream or confectionery is manufactured. Opera­
tives, employees, clerks, and all persons who handle the material
from which food is prepared, or the finished product, before begin­
ning work, or after visiting toilet or toilets, shall wash their hands
and arms thoroughly in clean water.
No person shall sleep in a room occupied as a bake room. S l e e p i n g in
Sleeping places for the persons employed in the bakery shall be workrooms,
separate from the rooms where flour or meal food products are
manufactured or stored. If the sleeping places are on the same
floor where such products are manufactured, stored, or sold, such
inspector may inspect and order them put in a proper sanitary
condition.
S ec . 23 (added by chapter 576, Acts of 1910). No bakery, conStables,
fectionery, or ice cream manufactory, or place where flour or meal
food products are baked or mixed or prepared for baking or for
sale as food, shall be conducted in a room adjoining a stable,
unless separated from such stable by a wall or partition without
any door or other opening between such stable and such bakery,
confectionery, or manufactory, or place where flour or meal food



1974

B U L L E T IN OF TH E BUREAU OF LABOR STATISTICS.

products are baked or mixed or prepared for baking or for sale as
food; and no material used therein sliall be kept in a stable.
Use of toS e c . 25 (added by chapter 576, Acts of 1910). Smoking, snuffing,
bacco.
or chewing of tobacco, or spitting on floor in working rooms in
such bakery, confectionery, or manufactory, or place where flour
or meal food products are baked or mixed or prepared for baking
or for sale as food, is strictly forbidden.
Infectious and
S ec . 26 (added by chapter 576, Acts of 1910). No employer in
eases gi°US dis' a n y bakery, confectionery, or ice cream manufactory, or place
where flour or meal food products are baked or mixed or prepared
for baking or for sale as food, shall require, permit, or suffer any
persons to work, nor shall any person work, in a building, room,
basement, cellar, or vehicle occupied or used for the production,
preparation, manufacture, packing, storage, sale, distribution, and
transportation of food, who is affected w itli any venereal disease,
smallpox, diphtheria, scarlet fever, yellow fever, tuberculosis or
consumption, bubonic plague, Asiatic cholera, leprosy, trachoma,
typhoid fever, epidemic dysentery, measles, mumps, German
measles, whooping cough, chicken pox, or any other infectious or
contagious disease.
Semi annual
S ec . 28 (added by chapter 576, Acts of 1910). Bakeries, confecinspections.
tioneries, and ice cream manufactories, or places where flour or
meal food products are baked or mixed or prepared for baking or
for sale as food, shall be kept at all times in a clean and sanitary
condition, and shall be inspected by said inspector at least twice
each year. If on inspection said inspector finds any bakery, con­
fectionery, or ice cream manufactory, or place where flour or meal
food products are baked or mixed or prepared for baking or for
sale as food, to be so unclean, ill-drained, or ill-ventilated as to be
unsanitary, he may, after such reasonable time, to be fixed by
said inspector, not less than five days, by notice in writing, to be
served by affixing the notice on the inside of the main entrance
door of said bakery, confectionery, or ice cream manufactory, or
place where flour or meal food products are baked or mixed or
prepared for baking or for sale as food, order the person found
in charge thereof immediately to cease operating it until it be
properly cleaned, drained, or ventilated.
Appeals.
S ec . 29 (added by chapter 576, Acts of 1910). Any person who
is aggrieved by any order or requirement o f said State inspector
may appeal therefrom in the same manner in all respects, and
with the same rights and liabilities, as provided in section 10 of
this chapter.
Violations.
S ec . 30 (added by chapter 576, Acts of 1910; amended by
chapter 909, Acts of 1918). Any person who violates any of the
provisions of said sections eighteen to twenty-eight, both inclusive,
of this chapter, or who refuses to comply with any lawful require­
ment of the authority vested with the enforcement of such sec­
tions, as provided therein, shall be guilty of a misdemeanor, and
on conviction, shall be punished by a fine of not less than twenty
or more than fifty dollars for a first offense, and for a second
offense by a fine of not less than fifty or more than one hundred
dollars or by imprisonment for not more than ten clays, and for a
third offense by a fine of not less than one hundred or more than
two hundred and fifty dollars or by imprisonment for not more
than thirty days, or by both such fine and imprisonment.
E nforcem ent
S ec . 31 (added by chapter 576, Acts of 1910). Such inspector
shall be empowered to visit and inspect all parts of stores, baker­
ies, confectioneries, and storerooms and places where ice cream,
flour and meal food products are manufactured, and all stores,
markets, restaurants, lunch carts or lunch counters, and other
places where food is kept for sale, at any and all reasonable
times, and as often as practicable. Such inspector shall promptly
enforce the provisions of this act, and shall prosecute all viola­
tions of the same before any court of competent jurisdiction in
the State. The attorney general shall act as his legal adviser in
all matters pertaining to his official duties. He shall cause copies



LABOR LAWS--- RHODE ISLAND’— GENERAL LAWS----1909.

1975

of tills act to be printed and kept posted in all bakeries, confec­
tioneries, and manufactories of ice cream, flour and meal food
products, and all places where such business is carried on. A n y
mutilation of sucli printed matter shall be punished as provided
in the preceding section. Such inspector shall not be required to
give surety, nor furnish recognizance for costs, in any prosecution
or proceeding under this act.
S ec . 32 (added by chapter 814, Acts of 1912). No person under M e s s e n g e r
the age of twenty-one years shall be employed or permitted or service,
suffered to work as a messenger for a telegraph, telephone or
messenger company in the distribution, transmission or delivery
of goods or messages before five o’clock in the morning or after Nightwork.
ten o’clock in the evening of any day.
S ec . 33 (added by chapter 814, Acts of 1912). Any person who Violations,
either as principal or agent shall employ, suffer or permit to
work any person in violation of the provisions of the preceding
section shall be deemed guilty of a misdemeanor and on convic­
tion shall be punished by a fine o f not less than twenty dollars,
or more than fifty dollars for the first offense, and for a second
offense by a fine of not less than fifty dollars, or more than one
hundred dollars, or by imprisonment for not less than ten days, or
more than six months, or by both such fine and imprisonment.
C h a p t e r 80.—Bureau of industrial statistics—Commissioner.
S e c t io n 1. There shall b e a commissioner of industrial statistics commissioner,
who shall perform the duties enumerated in this chapter and such
others as are or may be from time to time provided by law. At
the January session of the general assembly in the year A. D.
nineteen hundred and nine, and in every second year thereafter,
the governor, with the advice and consent of the senate, shall
appoint some person to be commissioner of industrial statistics to
succeed the person then holding such office; and the person so
appointed shall hold his office until the first day of February in
the second year after his appointment. Any vacancy which may
occur in said office when the senate is not in session shall be filled
by the governor until the next session thereof, when he shall, with
the advice and consent of the senate, appoint some person to fill
such vacancy for the remainder of the term. The commissioner
of industrial statistics shall be ex officio superintendent of the
census of the State * * * and in addition thereto he shall
collect, arrange, tabulate, and publish, in a report by him to be
made to the general assembly annually in January, the facts and
statistical details in relation to the condition of labor and business
in all mechanical, manufacturing, commercial, and other industrial
business of the State, and especially in relation to the social,
educational, and sanitary condition of the laboring classes, with
such suggestions as he may deem to be proper for the improve­
ment of their condition and the bettering of their advantages for
intellectual and moral instruction, together with such other in­
formation as he may deem to be useful to the general assembly in
the proper performance of its legislative duties in reference to the
subjects in regard to which he is required to report.
Sec. 2. Every employer of labor, and every person engaged in R e p o r t s of
any industrial pursuit, shall give the commissioner of industrial employers,
statistics all proper and necessary information to enable him to
perform the duties herein required of him, and in default thereof,
upon reasonable demand, shall be fined twenty dollars.
S ec . 3. Said commissioner shall employ such assistants and Assistants to
incur such expenses incident to the proper discharge of the duties commissioner,
of his office as may be necessary, not exceeding three thousand
dollars in amount in any one year; but no such assistant shall
be paid more than four dollars per day in addition to his necessary
traveling expenses, and the salary provided for said commissioner
shall be in addition to the compensation fixed by the census board
for said commissioner for taking the State census.




1976

B U L L E T IN OF TH E BUR EAU OF LABOR STATISTICS.

Chatter 81.—Free -public employment offices.
Offices to be
established.

S ec t io n 1. There shall be established and maintained, under
the care and direction of the commissioner of industrial statistics,
in such towns or cities as may be selected after proper investiga­
tion by said commissioner, free employment offices for the pur­
pose of bringing together those who seek employment and those
who desire to employ.
Equipment
Sec. 2. The said commissioner is hereby authorized and di­
and officers.
rected to organize in each city or town so selected, a free public
employment office which shall be provided with suitable rooms,
furniture, and equipment required for the transaction of the busi­
ness provided for in this chapter, and shall appoint such clerical
assistants as may be necessary for each of said offices, to discharge,
under the direction of said commissioner, the duties hereinafter
set forth, or which may be required by said commissioner in
carrying out the purpose of this chapter.
Registers.
S ec . 3. It shall be the duty of said commissioner to receive and
record, in books suitably arranged, all applications from those
seeking employment and also from those seeking to employ, and
to take such other action as may be deemed best to carry out the
purposes of said offices. Such records shall show plainly in brief
the qualifications of all applicants, and such other facts as may
be deemed necessary by said commissioner, who shall furnish to
each office all such record books, forms, blanks, or other station­
ery and postage as may be required in conducting the office.
Each office shall be plainly indicated by a proper sign or signs.
Only citizens
Sec. 4. The privilege of registration shall be confined to resi­
may register.
No f e e s al­ dents of this State, and no fees, direct or indirect, shall in any
case be taken from anyone applying at any office maintained under
lowed.
the provisions of this chapter.
Receiving
Sec. 5. Any clerk or employee who directly or indirectly
fees.
charges or receives any fee in the performance of his duties shall
be deemed guilty of a misdemeanor, and shall be subject to a
Penalty.
fine of not more than one hundred dollars, or be imprisoned not
exceeding thirty days. Such fine or imprisonment shall disqualify
him from ever having further connection with said offices.
W e e k l y re­
Sec. 6. There shall be made from each office to said commis­
ports.
sioner a weekly report of such applications for labor or employ­
ment as may be registered in said office, with such details as
may be required by the commissioner. Said commissioner may
cause such reports to be printed at proper intervals, the same to
be exchanged between said offices, and may supply to the news­
papers and to the citizens, upon request, such reports, which shall
be posted in a conspicuous place in the several offices, so that
they may be open to public inspection.
Applications
Sec. 7. Every application for employment or help made to a
to be renewed. free public employment office shall become void after thirty days
from its receipt unless renewed by the applicant.
Definitions.
Sec. 8. The term “ applicant for employment,” as used in this
chapter, shall be construed to mean any person seeking work of
any lawful character, and “ applicant for help” shall mean any
person or persons seeking help in any legitimate enterprise; and
nothing in this chapter shall be construed to limit the term
“ work ” to manual occupation, but shall include professional serv­
ice, and all other legitimate service.
Notice of em­ Sec. 9. If any applicant for help has secured the same, he
ployment.
shall, within ten days thereafter, notify the employment office to
which application therefor was made, and such notice shall con­
tain the name and last preceding address of the employees re­
ceived through such office. If any such applicant neglects to
notify such office, he shall be barred from all future rights and
privileges of such employment office, in the discretion of said com­
missioner, to whom a report of such neglect shall have been made.




LABOR LAWS---- RHODE ISLAND---- GENERAL LAWS ----1909.

1977

C h a p t e r 117.—Inspection and regulation of factot'ies, etc.—

Foundries.
S e c t io n 1. Every foundry in this State employing ten or more Wash rooms
men shall provide suitable toilet rooms, containing washbowls or to be provided,
sinks, provided with water, water-closets, and a room wherein the
men may change their clothes, said rooms to be within the build­
ing used for said foundry, and shall be protected from the weather,
heated and ventilated.
S ec . 2. Any person or corporation failing to comply with section Violations,
one of this chapter shall be deemed guilty of a misdemeanor, and
upon conviction thereof shall be fined not less than fifty nor more
than one hundred dollars, one-half thereof to the use of the com­
plainant, one-half thereof to the use of the State.
C h a p t e r 123.—Employment of females and minors to sell intoxi­

cants—Sale to employees.
S ec t io n 13. Every person who * * * shall suffer or allow any
Employment
minor or woman to sell or serve intoxicating liquor, except in forbidden,
licensed taverns or licensed victualling-houses, shall be fined one
hundred dollars and be imprisoned not less than ninety days nor
more than one year, and shall be thereafter for the term of five
years disqualified for holding any license under this chapter.
S ec . 49. The * * * employer of any person who has or may
Sale to in­
hereafter have the habit of drinking intoxicating liquor to excess, tem perate emmay give notice in writing, signed by him or her, to any person p oye s*
requesting him not to sell or deliver spirituous or intoxicating
liquor to the person having such habit. If the person, so notified,
at any time within twelve months thereafter sells or delivers any
such liquor to the person having such habit, or permits such
person to loiter on his premises, the person giving the notice may
in an action of trespass on the case recover of the person notified
such sum as may be assessed as dam ages: Provided, The employer
giving said notice shall be injured in his person, business or
property. * * *
C h a p t e r 129.—Inspection and regulation of factories, etc.
S ec t io n 1. Every building three or more stories in height, now Fire escapes
or hereafter used wholly or in part as a * * * factory o r t0 t)e provided,
workshop in which employees are usually working in the third oe
any higher story thereof, and every building used for office pur­
poses three or more stories in height, shall be provided by the
owner or owners thereof either with proper and sufficient, strong
and durable metallic fire escapes upon the external walls, suffi­
cient in number, which fire escapes shall extend from the highest
occupied story to the top of the first story of said building, or with
proper and sufficient incombustible stairs and stairways at oppo­
site ends of the building, extending from the highest occupied
story to the ground; said stairs and stairways shall be connected
by open passageways of suitable width; said fire escapes, stairs
and stairways to be suitable and sufficient to afford to persons
within said building proper egress from said building in case of
fire therein, and to be kept in repair by said owner or owners.
S ec . 2. The town councils of the several towns throughout the Inspectors.
State, and the mayors of the several cities, except in the city of
Providence, shall annually in the month of January elect an in­
spector of buildings, who shall be paid such amount for his serv­
ices as shall be determined by the town or city council electing
him.
S ec. 3. It shall be the duty of the inspectors of buildings of the Duty of in­
city of Providence and of the other cities and towns, from time to sPectorstime as may be necessary, td make a careful and thorough inspec­
tion of all buildings in the city or town for which they shall be
elected, which in their opinion might, by reason of the height
thereof, character or number of stairways, number of persons




1978

BULLETIN O THE BUREAU O LA O STATISTICS.
F
F BR

ordinarily therein or at work therein, nature of use of said build­
ings, nature of the industries or occupations carried on therein,
or for any other reason, be specially dangerous to persons therein
in case of conflagration in said buildings.
Buildings may gEC. 5 . Said inspectors of buildings shall have power within
exemp
their respective towns and cities, upon the application in writing
of any owner or owners of any building in said town or city, set­
ting forth specific, just and true reasons why said building should
be exempted from the provisions of this chapter, to exempt by
written certificate, setting forth the reasons therefor, any building
from the provisions of this chapter, whenever in the opinion of
said inspector said building, by reason of location, special features
of construction, or for any other reason, does not require said fire
escapes or said stairs and stairways: Provided, however, That
such written application, together with a duly certified copy of
such certificate of exemption, shall by said inspector be deposited
with the city or town clerk for said city or town, to be kept on file
by said city or town clerk: And provided further, That such ex­
emption may at any time be revoked by the inspector of buildings
of said city or town upon thirty days’ notice in writing to the
owner or owners of said building.
Certificate of S ec . 6. Whenever the inspector of buildings for any city or town
inspection.
shall upon inspection be satisfied that any building in said town
or city is provided with fire escapes or with stairs and stairways,
in accordance with the provisions of this chapter, he shall upon
request of any owner of said building give to such owner a certifi­
cate to that effect, and shall deposit a certified copy thereof in the
office of the city or town clerk for said city or town, to be kept
on file by said city or town clerk. Such certificate, including any
unexpired certificate heretofore issued, shall exempt the owners
of said building from all civil and criminal liability under this
chapter until revoked as hereinafter provided: Provided, however,
That such certificate may be at any time revoked by the inspector
of buildings for said town or city, by notice in writing to such
owner to whom said certificate may have been issued, and by filing
a copy of said notice of revocation with the said city or town
clerk, to be by said city or town clerk kept on file: And provided
further, That in case said building shall be materially changed or
altered in form or use, then such certificate shall be utterly void
and of no effect. It shall be the duty of the several city and
town clerks to receive and keep on file the notices and certificates
provided for in this chapter.
Owners may
S ec . 7. The owner or owners of any building or premises under
prem ises lease(*lease, and their servants and agents, may enter upon such leased
building or premises for the public welfare, for the purpose of
making saidl building conform with the provisions of this chapter,
and may remain thereon during such time as may reasonably
be required for the performance of such work as may be neces­
sary to effect said purpose, interfering with the lessee no more
than may be necessary.
Damages.
S ec . 8. In all cases in which any person shall suffer injury or
in which the death of any person shall ensue in consequence of
the failure of the owner or owners of any building to provide the
same with fire escapes or stairs and stairways, as required by the
provisions of this chapter, or in consequence of the failure o f said
owner or owners to comply with the written notice and require­
ment of any inspector of buildings, when made in conformity to
the provisions of this chapter, such owner or owners shall be
jointly and severally liable, to any person so injured, in an action
of trespass on the case for damages for such in ju ry ; and in case
of death such o*wner or owners shall be jointly and severally
liable in damages for the injury caused by the death of such
person, to be recovered, by action of trespass on the case, in the
same manner and for the benefit of the same persons as is pro­
vided in sections fourteen and fifteen of chapter two hundred
eighty-three; which action, when the owners are nonresidents,
may be commenced by attachment. It shall be no defense to said



LABOR LAWS----RHODE ISLAND--- GENERAL LAWS----1909.

1979

action that the person injured 01* whose death ensued as afore­
said, had knowledge that any such building was not provided with
fire escapes or stairs and stairways as required by the provisions
of this chapter, or that such person continued to work in or to
occupy said building with said knowledge.
S ec. 9. The owner or owners of any building, or in case such Penalty,
owners, or any of them, be non compos mentis, or a minor, the
guardian of any such owner, or in case such owners, or any of
them, be nonresident, the agent of any such owner having charge
of such property, who shall neglect or fail to comply with the fore­
going provisions of this chapter shall be fined not less than one
hundred dollars nor more than five hundred dollars. In case
there shall be several owners of any building which shall be con­
tinued in. violation of said provisions of this chapter, proceedings
may be had against any or all of them jointly, or against any one
of them, for the recovery of such fine.
S ec. 10. The mayor of each of the cities in the State shall, in Board of apthe month of April, in the year nineteen hundred and nine, and in peal,
the month of April in each third year thereafter, appoint three
competent men, two of whom at least shall be architects or master
mechanics, as a board of appeal from the actions or decisions of
the inspector of buildings in such city, as hereinafter provided, to
hold their office for three years, and until others are appointed
and qualified in their stead; and any two members of such board
for the time being shall form a quorum for the transaction of its
business; and any vacancy, from any cause, may be filled by the
mayor at any time, or from time to time, as occasion may require.
And in the several towns of the State, the town council shall con­
stitute such board of appeal from the inspector of buildings of the
town.
Sec. 11. Any person aggrieved by the refusal of the inspector Appeal from
of buildings to give his certificate of exemption under section five, ruling of inor his certificate of compliance with the provisions of this chapter sPector»
under section six, of this chapter, may appeal therefrom to such
board of appeal, in the city or town of such inspector, by filing
with such inspector, within three days thereafter, written notice
of such appeal, and by filing with the city or town clerk, within
three days after such notice, his reasons of appeal in writing,
specifying the subject matter of such appeal, and paying to the
clerk fifty cents for filing the same.
S ec. 12. Upon the filing of such reasons of appeal, the clerk . P roceedings
shall enter the name of the appellant, with a general description m aPPeal*
of the building and its location referred to therein, in a book to
be by him kept for that purpose; and shall thereupon, pursuant
to such general rules as may be adopted by the board of appeal
regulating their proceedings, or, in the absence of such rules, by
his special order, of which special order he shall immediately give
notice to the members of the board, fix a time and place for hear­
ing such appeal, and shall indorse the same in writing upon such
reasons of appeal; and the parties thereto and the inspector shall
be bound to take notice thereof. And at the time and place so
fixed, or at any adjournment thereof, such board of appeal, after
hearing such of the parties as see fit to attend, and their allega­
tions and evidence, and after inspecting the premises, shall make
their determination in respect thereof in writing, to be filed with
such clerk; and such determination shall be final, and the clerk’s
certificate of such determination shall have the same effect, for
all purposes of this chapter, as if given by such inspector at the
time of the application to him for the same. And if such appeal
shall be from the inspector’s refusal to give his certificate of ex­
emption or compliance aforesaid, and such board of appeal shall
concur in such refusal, they shall then also determine what they
require to be done to entitle the appellant to such certificate; and
upon the appellant’s compliance with such requirement, such cer­
tificate shall be issued to him by such inspector.
Sec. 13. The inspector’s neglect to give his certificate, and file a
Neglect to
copy of the same with the city or town clerk within three days give certificate.



1980

BU L L E T IN OF TH E BUREAU OF LABOR STATISTICS.

after application or request made to him as provided in sections
five and six of this chapter, shall be deemed a refusal to give the
same for the purposes of such appellate proceedings.
Compensation
Sec. 14. Said board of appeal shall be paid by the city or town
of board.
such compensation for their services as shall be fixed by ordinance
of the city or town council. And the appellant in each case who
fails to obtain relief upon his appeal shall pay to the city or town
such reasonable costs and charges thereof as the board of appeal
shall tax or determine against him. Nothing contained in this
chapter shall be construed to relieve any person or any corpora­
tion from any liability now existing by virtue of the provisions of
this chapter, during the pendency of any appeal, unless said board
of appeal shall reverse the decision of said inspector.
Automatic
S ec . 15. Every elevator used for conveying persons or goods
vatorsf £°l ele"from one story to another of any building, the well of which ele­
vator is not so protected as to be inaccessible from without while
the elevator is moving, shall have attached to it some suitable
appliance which shall give automatically, at all times, on every
floor of said building which it approaches, a distinct, audible
warning signal that said elevator is in motion.
to0ist.?ayS to SEC- 16 (as amended by chapter 549, Acts of 1910). All hoistway
d
gu
and elevator openings through floors where there is no shaft shall
be protected by sufficient railings, gates, trapdoors, or other
mechanical devices equivalent thereto, and the same shall be kept
elevators fr°m clos(^ *n the nighttime or when not in use. On and after July 1,
1911, any passenger elevator which is not constructed so as to
allow egress of persons from such elevator in any position in
W
’hich it might be stopped, by accident or otherwise, shall- be
constructed or arranged so that the roof or the top of such ele­
vator, or a sufficient portion thereof to allow egress of persons
therefrom, may be conveniently opened from the inside; and no
such elevator shall be thereafter used or operated which shall not
be so constructed or arranged. Every passenger elevator except
plunger elevators shall be provided with some safety arrangement
to prevent falling, and every passenger elevator shall be fitted
with some suitable device to prevent the elevator car from being
started until the door or doors opening into the elevator shaft are
a to ife °f °per"close<i J and no Person under the age of eighteen years shall take
inspection, charge of or operate any passenger elevator. It shall be the
duty of every inspector of buildings, elected or empowered under
the provisions of this chapter, to inspect all elevators in every
building within his jurisdiction; and it shall be the duty of the
factory inspectors, appointed or empowered by law, to inspect all
elevators in every building within their jurisdiction in any city
or town where there is no inspector of buildings; and it shall be
the duty of said inspectors of buildings and said factory inspectors
to notify the lessee and owner, or some one of the owners, of every
building in which an elevator shall be used or operated contrary
to the provisions of this and the preceding section, of such viola­
tion and require the lessee and owner, or some one of the owners
of said building, within thirty days after the receipt of such
notice, to comply with the provisions of said sections, and it shall
be the duty of said lessee and owner, or owners, to comply with
m a k eeraiter y sucil requirement. The owner or owners of any building or premtions.
a‘ ises under lease, and their servants and agents, may enter upon
such leased building or premises for the public welfare, with the
purpose of making said building comply with the provisions of
this and the preceding section, and may remain thereon during
such time as may reasonably be required for the performance of
such work as may be necessary to effect said purpose, interfering
Negligence. wittl
iessee no more than may be necessary. In all cases in
which any person shall suffer injury, or in which the death of any
person shall ensue, in consequence of the failure of the lessee or
owner or owners of any building to comply with the provisions of
this and the preceding section, or in consequence of the failure of
said lessee or owner or owners to comply with the written notice
and requirement of any inspector of buildings or factory inspector,



LABOR LAWS--- RHODE ISLAND----GENERAL LAW'S----1909.
when made in conformity to the provisions of this and the pre­
ceding section, such lessee and owner or owners shall be jointly
and severally liable to any person so injured, in an action of tres­
pass on the case, for damages for such injury; and in case of
death such lessee and owner or owners shall be jointly and sever­
ally liable in damages for the injury caused by the death of such
person, to be recovered by action of trespass on the case in the
same manner and for the benefit of the same persons as is pro­
vided in sections fourteen and fifteen of chapter two hundred and
eighty-three; which action, when the lessee and the owner are
nonresidents, may be commenced by attachment. It shall be no
defense to said action that the person injured, or whose death
ensues as aforesaid, had knowledge that any elevator was being
operated in said building contrary to the provisions of this and
the preceding section, or that such person continued to ride in said
elevator with said knowledge. The lessee or owner or owners of
any building, or, in case such lessee or owner, or any of them, be
non compos mentis or a minor, the guardian of any such lessee or
owner, or, in case such lessee or owner, or any of them, be a non­
resident, the agent of any such lessee or owner, having charge of
such property, who shall neglect or fail to comply with the provi­
sions of this and the preceding section, shall be fined not less than
five dollars and not more than ten dollars for each day that an
elevator shall be used or operated in said building contrary to
the provisions of this and the preceding section. In case there
shall be several such lessees or owners or agents in charge of any
building in which an elevator shall be used or operated contrary
to the provisions of this and the preceding section, proceedings
may be had against any or all of them jointly, or against any one
of them, for the recovery of such fine.

1981

Damages.

Penalty.

C h a p t e r 130.—Inspection and regulation of factories, etc.—Re­

moval of combustible m aterial.
S ec tio n 1. The members of the board of fire commissioners,
and the chief of the fire department and his assistants, and any
other officer or officers or member or members of the fire depart­
ment acting under the direction of such board or chief, of each of
the cities of the States are hereby severally authorized and em­
powered to inspect all buildings and places in their respective
cities where waste material of a combustible nature has been al­
lowed to accumulate, or where such board or members thereof, or
chief, assistant, or other officer as aforesaid has reason to believe
that such waste material of a combustible nature has accumu­
lated or is liable to be accumulated. If such board or chief of the
fire department, after any inspection made under the authority
of this chapter, shall in their discretion deem that any such
accumulation of waste material of a combustible nature increases
the danger of fire to the premises where such accumulation has
been permitted, or to the property adjacent thereto, such board
or chief of the fire department shall give notice in writing to the
occupant or occupants, or one of them, of the premises where such
accumulation has been permitted, to remove or cause to be re­
moved from such premises such waste material of a combustible
nature within forty-eight hours after receipt by him of such notice.
In case such waste material of a combustible nature shall not be
removed within forty-eight hours after notice as aforesaid, such
board or chief of the fire department may cause the same to be
removed from such premises, and thereupon shall cause notice in
writing of the cost and expense of such removal to be given to
such occupant or occupants, or one of them, and also certify the
amount thereof to the city treasurer of the city, and in case such
cost and expense shall not be paid to the city treasurer within
thirty days after such notice such city may recover such cost and
expense in an action of the case against such occupant or occu­
pants.




Inspection.

Removal.

1982

BULLETIN O THE BUREAU O LA R STATISTICS.
F
F BO

Dwelling

house.

Sec. 2. Nothing in this chapter shall authorize the inspection
0£ any
lLse(j wholly as a dwelling bouse.
C h apter 131.— Inspection and regulation of factories, etc.— Exits.

S ection 7. * * * All buildings used as factories, laundries,
or workshops, in whole or in part, in which buildings severally
twenty-five or more persons are employed, shall have the doors or
windows of 01* to any exit or fire escape so arranged as to swing
outward. All factories, laundries, workshops, or rooms in any
building where the entrance thereto is from a corridor or halloutward° °pen way> an^ in which factories, laundries, workshops, or rooms,
severally, twenty-five or more persons are employed, shall h a v e .
the doors of entrance thereto so arranged as to swing outward.
If any such door or window of such factory, laundry, workshop
or room shall be locked or fastened during working hours the
lock or fastening shall be such, and kept in such condition, that
the same can be easily and quickly unlocked or unfastened by
,
any person from the inside.
chaS-es. m e
S ec . 8. It shall be the duty of the owner or owners of every
& *
such building, or, in case the lessee or lessees thereof shall be
required under the terms of his or their lease, the duty of such
lessee or lessees, to comply with the structural and fixture re­
quirements specified in this chapter * * *.
Enforcement.
gEC 9 j n eyery city or town, the inspector of buildings, and any
assistant inspector of buildings, any member of the board of police
commissioners, the chief of police, any member of the board of
fire commissioners if any, the chief of the fire department, and
any person charged hereunder with the enforcement of the pro­
visions hereof, shall be at all reasonable times admitted * * *
into all parts of every * * * factory, laundry, or shop in­
cluded within the provisions hereof, to ascertain whether the re­
quirements of this act are complied with.
Violations.
gEa
person, whose duty it is to comply with any of the
provisions of this chapter, who shall neglect or refuse to comply
with the same, shall be fined not exceeding one hundred dollars
for each offence, and every day of such neglect or failure shall con­
stitute a separate offense. The supreme court and the superior
court within their respective jurisdictions shall have power to
issue any extraordinary writs, or to proceed according to the
course of equity, or both* to secure the fulfillment and execution
of the provisions hereof. If any guch remedy or proceeding Is
sought or brought in the superior court, it shall be in the court for
the county in which the building is located.
Enforcement.
S ec. 11. It shall be the duty of the inspector of buildings of
each city or town to enforce the structural and fixture require­
ments of this chapter. In any city or town, where there is no such
inspector, it shall be the duty of each of the factory inspectors,
and such person or persons as may be appointed for the purpose
by any city or town council, to enforce the same.
Exits required.

C ha pteb 139:— Employment of children — Certain occupations

forbidden.
m «idicanf etc ’ ^ECTI0N
Every person having the custody or control of any
occupations. * child nnder the age of sixteen years, who shall exhibit, use or
’

employ, or shall in any manner or under any pretense sell, ap­
prentice or give away, let out or otherwise dispose o f any such
child to any person for or in the vocation, occupation, service or
purpose of rope or wire walking, or as a gymnast, wrestler, con­
tortionist, equestrian performer, acrobat, or rider upon any bicycle
or mechanical contrivance, or in any dancing, theatrical or mu­
sical exhibition unless it be in connection with churches, schools,
or private instruction in dancing or music, or unless it be under
the auspices of a Rhode Island society incorporated, or organized
without incorporation, for a purpose authorized by section eleven
of chapter two hundred and twelve, or unless it be with the




LABOR LAWS---- RHODE ISLAND---- GENERAL LAWS---- 1909.

1983

written consent, previously obtained and revocable at will, of the
mayor of the city or the president of the town council where such
child is to be employed; or for or in gathering or picking rags, or
collecting cigar stumps, bones, or refuse from markets, or in beg­
ging, of* in any mendicant or wandering occupation, or in peddling
in places injurious to the morals of such child; * * * or in
any illegal, obscene, indecent, or immoral purpose, exhibition or
practice whatsoever; or for or in any business, exhibition or
vocation injurious to the health or morals, or dangerous to the
life or limb of such child, or who shall cause, procure or encour­
age any such child to engage therein, or who after being notified
by an officer mentioned in section six of this chapter to restrain
such child from engaging therein, shall neglect or refuse to do
so, shall be held guilty of a misdemeanor and shall, for every
such offense, be imprisoned not exceeding one year or be fined
not exceeding two hundred fifty dollars, or be both fined and
imprisoned as aforesaid, and shall forfeit any right which he may
have to the custody of such child.
Sec. 5. Every person who shall take, receive, hire or employ, DrS\w £fd
exhibit, or have in custody, or who shall cause to be taken, hired p0ses.
or employed, exhibited, or held in custody, any child under the
age of sixteen years, for any of the purposes prohibited in the
preceding section, shall be held guilty of a misdemeanor, and shall
be punished for every such offense in the manner provided in said
section.
S ec . 6. The town sergeant of any town, the chief of police of Enforcement,
any city, or the general agent or agents of the Rhode Island
Society for the Prevention of Cruelty to Children may enter any
place where any child may be held, detained or employed in
violation of this chapter, and without process of law seize and
detain such child and hold him as a witness to testify upon the
trial of any person charged with violating the provisions of this
chapter; * * *
C h a p t e r 213.—Payment of icages—W eekly pay day.
S ection 25. Every corporation other than religious, literary or . Weekly pay
charitable corporations, and every incorporated city, but not in- y*
eluding towns, shall pay weekly to the employees engaged in its
business the wages earned by them to within nine days of the
date of such payment, unless prevented by inevitable casualty:
Provided, hotvever, That if at any time of payment any employee
shall be absent from his place of labor, he shall be entitled to said
payment at any time thereafter on demand.
S ec. 26. Any corporation violating any of the provisions of the Penalty,
preceding section shall be punished by a *fine of not less than one
hundred dollars nor more than one thousand dollars, one-half
thereof to the use of the complainant and the other half to the
use of the S ta te: Provided, Complaint for such violation is made
within thirty days from the date thereof.
This law is constitutional and is to be construed as amending charters
previously granted to m anufacturing corporations. 18 R. 1 .16.
C h a p t e r 215. —Railroads—Bridges over tracks—Safety appliances.

Section 28. No bridge shall hereafter be built over any railroad j J f j y go v e°t
track, unless it shall measure at least eighteen feet in the clear, railroads,
measuring from the bottom of the lowest timber to the top of the
rail on said track, excepting bridges erected in renewal or in place
o f bridges now existing.
Sec. 54. Every railroad corporation, operating a railroad or Bl o c k i ng *
part of a railroad in this State, shall adjust, fill or block the frogs, fr°ss» etc*
switches and guardrails on its track, with the exception of guard­
rails on bridges, so as to prevent the feet of its employees from
being caught therein. The work shall be done to the satisfaction
of the railroad commissioner, evidenced by his certificate. Any
railroad corporation failing to comply with the provisions of this




1984

BULLETIN OF THE BUKEAU OF LABOE STATISTICS.
section shall be fined not less than one hundred dollars nor more
than one thousand dollars.
C h a p t e r 21S.—Hours of labor of employees on street railways.

Section 1. A day’s work for all conductors, gripmen, and mo­
Lim it of ten
hours.
tor men now employed or who may hereafter be employed in the
operation of all street railways, of whatever motive power, in
this State shall not exceed ten hours’ work, to be performed with­
in twelve consecutive hours. No officer or agent of any corpora­
tion operating street cars, of whatever motive power, In this State
shall on any day exact from any of its said employees more than
the said ten hours’ work within the twenty-four hours of the nat­
ural day, and within twelve consecutive hours: Provided, how­
ever, That on all legal holidays, and on occasions when an unex­
pected contingency arises demanding more than the usual service
by such street railway corporation to the public, or from such
employees to the corporation, and in case of accident or unavoid­
able delay, extra labor may be performed for extra compensation;
and that nothing herein contained shall affect existing written
contracts.
Act construed.
Sec. 2. The true intent and purpose of this chapter is hereby de­
clared to be to lim it the usual hours of labor of the abovementioned employees of street railway corporations, in the ab­
sence of agreement as to such hours between such employees and
their employer, to ten hours’ actual work a day, to be performed
within a period of twelve consecutive hours, whether such em­
ployees be employed by the trip or trips, the job, the hour, the
day, the week, the month, or in any other manner. But nothing
in this chapter contained shall be construed to forbid or prevent
any such employee, being of the age of twenty-one years or up­
wards, from laboring a greater or lesser number of hours a day,
in accordance with his contract so to do; nor to impose any pen­
alty upon any person or corporation for permitting such em­
ployees to labor such greater or lesser number of hours in the
X)erformance of such contract.
Sec. 3. Any street railway corporation violating any of the
Penalty.
provisions of the preceding sections of this chapter shall be fined
not less than one hundred dollars nor more than five hundred
dollars, one-half thereof to the use of the complainant and the
other half to the use of the State.
This law is constitutional.

54 Atl. 602.

C h a p t e r 240.—Employment of women and children—Hours of

labor.
Hours of la­ Section 22 (as amended by chapter 912, Acts of 1913). No
bor.
minor under sixteen years of age, and no woman, shall be em­

Violation.

ployed or permitted or suffered to work in any factory, manufac­
turing, mechanical, business or mercantile establishment within
this State, more than fifty-four hours in any one week, and in no
case shall the hours of labor exceed ten hours in any one day.
Every employer shall post in a conspicuous place, in every room
where such persons are employed, a printed or typewritten notice
stating the number of hours’ work required of them on each day
of the w’eek; and the employment of any such person for a
longer time in any day than so stated shall be deemed a violation
of this section: Provided, That the provisions of this section shall
not be construed to enlarge or impair any restriction placed upon
the employment of any minor mentioned in chapter 72.
Sec. 23 (as amended by chapter 912, Acts of 1913). Every per­
son who willfully employs or has in his employ or under his
charge any person in violation of the provision of the last pre­
ceding section and every parent or guardian who permits any
such minor to be so employed shal be fined not exceeding twenty
dollars for each offense. The age and employment certificate




LABOR LAWS----RHODE ISLAND----GENERAL LAWS— 1909.

1985

required by section 1 of chapter 78 of the Genera! Laws shall be
prima facie evidence of his age upon the trial of any person other
than the parent or guardian for the violation of the last preced­
ing section.
Sec. 24. Labor performed in any manufacturing establishment, Ten hours a
and all mechanical labor, during the period of ten hours in any day's labor,
one day, shall be considered a legal day’s work, unless otherwise
agreed by the parties to the contract for the same, or unless for
the purposes, and subject to all restrictions, mentioned in section
twenty-two of this chapter.
C h a p t e r 240.—Employment of labor—Notice of discharge, etc.

Section 25. Every person who requires from any person in his N o t i c e of
employ, under penalty of a forfeiture of a part of the w a g e s discharge re­
earned by him a notice of intention to leave such employ, shall be ^mred» wlienliable to the payment of a like forfeiture if he discharges without
similar notice such person in his employ, except for incapacity
or misconduct, unless in case of a general or partial suspension
of labor in his business.
C h a p t e r 260.—Assignments of wages.

Section 1. No assignment of future earnings or wages shall be Lim itations,
valid for a period exceeding one year from the date thereof; nor
unless made to secure a debt contracted prior to or simultaneously
with the execution of such assignment; nor unless executed in
writing in the standard form herein set forth and signed by the
assignor in person and not by attorney; nor unless such assign­
ment truly states the date of its execution, the money or the
money value of goods actually furnished by the assignee and the
rate of interest, if any, to be paid thereon.
S ec . 2. No assignment of future earnings or wages shall be valid A ssig n o r to
unless a copy thereof is delivered to the assignor at the date of have copy,
the execution of such assignment.
Sec. 3. No assignment of future earnings or wages shall be Assignments
valid, excepting as between the parties thereto, unless the sam eto be recorded,
shall be recorded within five days after it is signed by the assignor
in a book to be kept for that purpose in the office of the recorder
of deeds, if there be one, otherwise in the office of the clerk of the
town or city in which the assignor resides, if a resident of this
State, or in the town or city in which he is employed if not a
resident of this State.
Sec. 4. No assignment of future earnings or wages shall be in Employer to
any way binding upon the employer of the assignor until a copy of have copy,
the assignment and account, which shall conform to the require­
ments hereinafter stated, has been delivered to said employer.
Said account shall be in writing and shall contain a statement of
the balance due and of the sums of money received by the assignee
together with the date of every such payment, and a statement
showing whether such payment is of interest or of principal, or in
case of a loan whether such payment is a charge for making or
securing the loan or otherwise.
Sec. 5. The term “ assignment ” as used in this chapter shall Definition,
include every instrument purporting to transfer an interest in or
an authority to collect the future earnings of any person.
Sec. 6. The standard form of assignment required by this chap- Form,
ter shall be as follows:
Know all men by these presents:
That I , --------------------o f ---------- in the county o f ---------- for a
valuable consideration, to me paid b y ------------------- o f ---------- the
receipt whereof I do hereby acknowledge, do hereby assign and
transfer to s a id ------------------- all claims and demands (which I
now have, and all) which within a period o f ---------from the date
hereof I may and shall have against my present em ployer--------and against any person whose employ I shall hereafter enter (for
all sums of money due and) for all sums of money and demands

39387°—Bull. 148, pt 2—14— 49


1986

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

wliicli, at any time witliin said period, may and shall become due
to me, for services a s -----To have and to hold the same to the s a i d --------------------his
executors, administrators and assigns, to secure a debt—
(1) O f --------- dollars (with interest thereon fro m ---------- at the
rate o f ------per cent per annum), for money (or goods) actually
furnished by the assignee amounting t o ---------dollars,
(2) Contracted prior to the execution of this assignment (or
contracted simultaneously with the execution of this assignment).
In witness whereof, I have set my hand th is---------day o f ---------Signed and delivered in presence o f ------------------Effect of as- S ec. 7. An assignment of future earnings or wages made in
^nment.
accordance with all of the provisions of this chapter shall bind all
wages earned by the assignor within the period named in such
assignment.
C hapter 302.— Exemption of wages from execution.

What wages
exemp .

S ection 5. The following goods and property shall be exempt
from attachment on any warrant of distress or on any other writ,
original, mesne, or jud icial:—
*
*
*
*
*
10. Wages due or accruing to any seaman.
*

*

*

*

*

12. The salary or wages due or payable to any debtor not

exceeding the sum of ten dollars, except when the cause of action
is for necessaries furnished the defendant, in which case costs
shall in whole or in part be allowed or not at all, in the discretion
of the court.
13. The salary and wages of the wife and of the minor children
of any debtor.
C hapter 330.— Wages as preferred claims—In insolvency.
Rank of wage

S e c t io n 58. The costs and expenses of administration i:i proceedings under this chapter, including registers’ and clerks’ com­
pensation and expenses, the expenses and compensation of the
assignee, and the reasonable fees of his counsel and attorney, shall
be first paid in full out of the insolvent estate, in the order
named. Sums due to the United States, to the State of Rhode
Island, to any town or municipality in said State, and for the
wages of labor performed within six months next prior to the
adjudication in insolvency, not exceeding one hundred dollars to
any one person, and costs in cases upon which attachments or
levies are made, which are dissolved under the provisions of this
chapter, to the date of such dissolution, shall be next paid in full
out of the insolvent estate, in the order named.
C hapter 344.—Intim idation of employees.

In terfe ren c e
S e c tio n 9. Every person who, by himself or in concert with
Sent. emp y' other persons, shall attempt by force, violence, threats or intimi­
dation of any kind to prevent, or who shall prevent any other
person from entering upon and pursuing any employment, upon
such terms and conditions as he may think proper, shall be deemed
guilty of a misdemeanor and be fined not exceeding one hundred
dollars or be imprisoned not exceeding ninety days.
C hapter 345.—Interference w ith employment.

rai/road^em^ S ection 32. Whoever willfully throws or shoots a missile at a
ployees.
locomotive engine, or railroad or street railway car, or at a
person on such engine or car, or in any way assaults or interferes
with a conductor, engineer, brakeman, driver or motorman while



LABOR LAWS----RHODE ISLAND----GENERAL LAWS----1909.
in discharge of liis duty on or near a railroad engine, car, or train,
or on or near a street railway car, shall be fined not less than five
nor more than one hundred dollars, or be imprisoned in the county
jail not less than three months nor more than one year.
Sec. 48. Every person who shall w illfully and maliciously or
mischievously injure or destroy the property of another, or obstruct the use of the property of another, or obstruct another in
the prosecution of his lawful business or pursuits, in any manner,
the punishment whereof is not specially provided for by statute,
shall be fined not exceeding one hundred dollars or be imprisoned
not exceeding one year.

1987

'

C h a p t e r 347.—Sunday labor.

Section 18. Every person who shall do or exercise any labor or Sunday labor
business or work of his ordinary calling, or use any game, sport, forbidden,
play or recreation on the first day of the week, or suffer the same
to be done or used by his children, servants or apprentices, works
of necessity and charity only excepted, shall be fined not exceed­
ing five dollars for the first offense and ten dollars for the second
and every subsequent offense.
Sec. 19. Every person who shall employ, improve, set to work E m p l o y i n g
or encourage the servant of any other person to commit any act other1
1
au"
named in the preceding section shall suffer the like punishment.
Sec. 20. All complaints for violations of the provisions of the Lim itation,
preceding two sections shall be made within ten days after the
committing thereof and not afterwards.
Sec. 21. Every professor of the Sabbatarian faith or of the Observance of
Jewish religion, and such others as shall be owned or acknowl- another day.
edged by any church or society of said respective professions as
members of or as belonging to such church or society, shall be
permitted to labor in their respective professions or vocations on
the first day of the week, but the exception in this section con­
tained shall not confer the liberty of opening shops or stores on
the said day for the purpose of trade and merchandise, or lading,
unlading or of fitting out of vessels, or of working at the smith’s
business or any other mechanical trade in any compact place,
except the compact villages in Westerly and Hopkinton, or of
d r a w in g seines or fish in g or fo w lin g in a n y manner in public
places and out of their own possessions; and in case any dispute
shall arise respecting the person entitled to the benefit of this
section, a certificate from a regular pastor or priest of any of the
aforesaid churches or societies or from any three of the standing
members of such church or society, declaring the person claiming
the exemption aforesaid to be a member of or owned by or be­
longing to such church or society, shall be received as conclusive
evidence of the fact.
C h a p t e r 349.—Bribery, etc., of employees.

Section 21. No agent, employee, or servant in public or private A c c e p t i n g
employ, or public official shall corruptly accept, or obtain or agree bribes,
to accept, or attempt to obtain from any person, for himself or
for any other person, any gift or valuable consideration as an in­
ducement or reward for doing or forbearing to do, or for having
done or forborne to do, any act in relation to the business of his
principal master, employer, or State, city, or town of which he
is an official, or for showing or forbearing to show favor or dis­
favor to any person in relation to the business of his principal,
master, employer, or State, city or town of which he is an official.
Sec. 22. No person shall corruptly give or offer any gift or val- O f f e r i n g
liable consideration to any such agent, employee, servant, or pub-t)ribeslie official as an inducement or reward for doing or forbearing to
do, or for having done or forborne to do, any act in relation to the
business of his principal, master, or employer, or the State, city,
or town of which he is an official, or for showing or forbearing to
show favor or disfavor to any person in relation to the business




1988

BULLETIN OF THE BUREAU OF LABOE STATISTICS.

of his principal, master, employer, 01* State, city, or town of which
lie is an official.
False state­ S ec . 23. No person shall knowingly give to any such agent, em­
ments.
ployee, servant, or public official any receipt, account, or other
document in respect of which the principal, master, or employer,
or State, city, 01* town of which he is an official is interested which
contains any statement which is false or erroneous, or defective
in any important particular, and which, to his knowledge, is in­
tended to mislead the principal, master, employer, or State, city,
or town of which he is an official.
Sec. 24. Any person who violates any of the provisions of sec­
Violations.
tions twenty-one to twenty-six of this chapter shall be deemed
guilty of a misdemeanor, and shall, on conviction thereof, be im­
prisoned, with 01* without hard labor, for a term not exceeding
one year, or be fined not exceeding one thousand dollars.
S ec . 25. Any person injured by any violation of the provisions
Damages.
of sections twenty-one and twenty-two of this chapter may re­
cover from the person or persons inflicting such injury twice the
amount of such injury.
S ec . 26. No person shall be excused from attending and testify­
Witnesses.
ing, or from producing papers, contracts, agreements, and docu­
ments before any court which may be determined to be evidence in
such case, or in obedience to the subpoena of any court having
jurisdiction of the misdemeanor, on the grounds or for the reason
that the testimony or evidence, documentary or otherwise, re­
quired by him may tend to criminate him or subject him to a
penalty or forfeiture. But no person shall be prosecuted or sub­
jected to any penalty or forfeiture for or on account of any trans­
action, matter, or thing concerning which he may testify or pro­
duce evidence, documentary or otherwise, before said court or in
obedience of its subpoena or in any such case or proceedings.
ACTS OF 1911.
C h a p t e r 715.—Protection of employees on buildings.
S ec t io n 1. If in the erection of an iron or steel framed building
the spaces between the girders or floor beams of any floor are not
filled or covered by the permanent construction of said floors, by
the contractor or the owner of such building, before another story
is added to the building, a close board flooring shall be placed and
maintained over such spaces, from the time when the beams or
girders are placed in position until said permanent construction is
applied.
Underfloors.
Sec. 2. Where in the case of the construction of a building of
three or more stories in height, other than an iron or steel framed
building, the floors are required to be double floors, the contractor
of the carpenter work or the owner of such building shall lay or
cause to be laid the underfloor of each story as the building pro­
gresses, and if the floors are required to be only single floors, then
the contractor or owner shall lay or cause to be laid a safe, perma­
nent or temporary close board floor as the work progresses, so
that no construction work shall be done in any case on such build­
ing more than two stories above such completed underfloor, or
such permanent or temporary board floor.
S ec . 3. Such spaces and openings may be left through the floors,
Openings.
in the construction of the buildings referred to in sections one and
two, as may be reasonably required for the proper construction of
such building, and for the raising and lowering of materials to be
used in the construction of such building, or such spaces and
openings as may be designated by the plans or specifications for
Guards.
stairways and elevator shafts, but all such spaces and openings
shall be enclosed by the contractor or the owner of such building
by a double rail barrier not less than four feet from the floor, and
not less than two feet from the edge of such space or opening.
Violations.
S ec . 4. ’Every person who violates any provision of this act shall
be guilty of a misdemeanor and upon conviction thereof shall be

Co u n t e
floors.




LABOR LAWS----RHODE ISLAND----ACTS OF 1911.
punished by a fine of not less than twenty-five or more than two
hundred dollars.
S ec . 5. It shall be the duty of the inspector of buildings or other
officer in any city or town charged with the enforcement of the
building law s of such city or town to enforce the provisions of
this act.
ACTS OF 1912.

1989

Enforcement.

C h a p t e r 795. —Accidents on railroads, etc.—Reports and investi­

gations.
Reports r e ­
S ection 49. Every public utility shall, whenever any accident quired.
attended with loss of human life, or serious injury occurs within
this State, directly or indirectly arising from or connected with
its maintenance or operation, give immediate notice thereof to the
commission. In the event of any such accident, the commission, if Investigation.
it deem that public interest requires it, shall cause an investiga­
tion to be made forthwith, which investigation shall be held in
the locality of the accident, unless for the greater convenience of
those concerned, it shall order the investigation to be held at some
other place; and said investigation may be adjourned from place
to place as may be found necessary and convenient. The commis­
sion shall reasonably notify the public utility of the time and place
of the investigation. The notice herein required to be given shall
not be admitted as evidence or used for any purpose against
such public utility giving such notice, in any suit, action or pro­
ceeding brought for damages growing out of any matter mentioned
in said notice; nor shall such notice be admitted as evidence or
be used for any purpose in any criminal proceedings brought
against the public utility giving such notice, or against any of its
officers, agents or employees, growing out of any matter mentioned
in such notice.







SOUTH CAROLINA.
CONSTITUTION.
A rticle IX.—L iability of railroad companies for injuries to

employees.
S e c tio n 15. Every employee of any railroad corporation shalL Negligence of
have the same rights and remedies for any injury suffered by suPeiior J
him from the acts or omissions of said corporations or its em­
ployees as are allowed by law to other persons not employees,
when the injury results from the negligence of a superior agent or
officer, or of a person having a right to control or direct the serv­
ices of a party injured, and also when the injury results from o f f e l l o w
the negligence of a fellow servant engaged in another depart- servants in anment of labor from that of the party injured, or of a fellow
r depart"
servant on another train of cars, or one engaged about a different
piece of work. Knowledge by any employee injured of the de- Knowledge of
fective or unsafe character or condition of any machinery, w a y s d e fe c tiv e maor appliances shall be no defense to an action for injury caused cbmerythereby, except as to conductors or engineers in charge of danger­
ous or unsafe cars or engines voluntarily operated by them. When injury causdeath ensues from any injury to employees, the legal or personal ins death,
representatives of the person injured shall have the same right
and remedies as are allowed by law to such representatives of r
.
.
other persons. Any contract or agreement, expressed or implied, waiving rights,
made by any employee to waive the benefit of this section shall
be null and void; and this section shall not be construed to de­
prive any employee of a corporation, or his legal or personal rep­
resentative, of any remedy or right that he now has by the law
of the land. The general assembly may extend the remedies
herein provided for to any other class of employees.
A contract whereby a railroad company beforehand seeks imm unity
from damages caused by its negligence is n o t prohibited by this section,
but is void as contrary to public policy. 55 S. C. 152.
Under this section a servant may recover of a railroad company for
injuries caused by the carelessness of a fellow servant directing him.
52 S. C. 438.
A forem an who engages in m anual labor to fu rth e r the work being car­
ried on under his own direction does n o t thereby cease to be a superin­
tendent for whose acts the employer is responsible. 61 S. E. Rep. 1010.
The doctrine of assum ption of risks does not apply in cases where an
employee is injured by the acts of an employee in another branch of work.
A bridge watchm an and the engineer of a tra in are in separate depart­
ments. 61 S. E. 1016.

CODE OF 1912.
C ivil C ode.

Department of agriculture, commerce and industries.
S ection 851. A State department of agriculture, commerce and Department
industries is created, which shall be charged, as far as possible, created.
with the execution of the work usually devolved upon a bureau of
industries, a bureau of agriculture, and a bureau of publicity.
S ec. 852 (as amended by act No. 346, Acts of 19 1 2 ). The chief Commissioner,
officer of the said department of agriculture, commerce and indus­
tries shall be denominated the commissioner of agriculture, com­
merce and industries. The said commissioner shall have the quali­
fications of a competent knowledge of agriculture, manufacturing
and general industries, commerce, chemistry and publicity, and
1991




1992

B U L L E T IN OF TH E BUREAU OF LABOR STATISTICS.

shall be elected, immediately upon the approval of this act, by the
qualified electors in the general election now provided by law
for the election of State officers of the State government, for a
term of two years, and each succeeding two years thereafter be­
ginning on the first day of January, 1913. In case a vacancy
should occur the governor shall appoint, for the unexpired term.
The commissioner shall be empowered to appoint a competent
clerk, whose qualifications shall be in the main the same as those
required of the commissioner.
Salary.
S ec . 853. The compensation of the commissioner of agriculture,
commerce and industries shall be $1,900 per annum, and that of
the clerk $1,000 per annum, payable monthly by the treasurer, on
the warrant of the attorney general.
Report.
S ec . 854. The commissioner shall make and submit to the gov­
ernor, on or before the tenth day of January of each year, a re­
port covering the department’s work of the preceding year, and
the report shall be transmitted to the general assembly, printed
in the same manner as other public documents, or as shall other­
wise be ordered.
Duties.
S ec . 855. The commissioner shall be charged with all work look­
ing to the promotion of agriculture, manufacturing and other
industries, cattle raising, and all matters tending to the industrial
development of the State, with the collection and publication of
information in regard to localities, character, accessibility, cost
and modes of utilization of soils and more specifically to the
inducement of capital by the dissemination of information rela­
tive to the advantages of soil and climate, and to the natural re­
sources and industrial opportunities offered in this State; that he
shall also collect from the farmers and landowners of the State
and list information as to lands, stating the number of acres,
location, the terms upon which they may be bought; that a land
registry shall be kept, and in connection therewith, from time to
time publication shall be made, descriptive of such listed agricul­
tural, mineral, forest and trucking lands and factory sites as may
be offered to the department for sale or share, which publication
shall be in attractive form, setting forth the county, township,
number of acres, names and addresses of owners, and such other
information as may be helpful in placing inquiring home seekers
in communication with landowners.
Handbook of S ec . 856. The commissioner shall collect and collate in the form
resources, etc. 0f a handbook of the State, to be issued when practicable, infor­
mation showing the nature and industrial resources and advan­
tages of the State of South Carolina, dealing with soil, climate,
raw and manufactured products, agricultural and horticultural
products, textile fabrics, manufacturing industries, mines and
mining, native woods, means of transportation, cost of living, the
market and all material and social advantages for those seek­
ing homes and investments in agricultural or manufacturing
industries.
Duties of ofS ec . 858. In order to facilitate the collection and collation of
ficiais.
each [such] information of the resources of the State on all lines,
the heads of the several departments of the State government and
of the State institutions are hereby required to furnish accu­
rately such information as may be at their command to the com­
missioner when called upon for the same. The commissioner is
hereby empowered to enter manufacturing establishments, char­
tered by the State, in prosecution of this work, and that the cor­
porations operating same shall furnish such information as may
be not injurious to their business.
Not to bring
S ec . 860. The commissioner of agriculture, commerce and indusin immigrants. |-rjeg
not directly or indirectly attempt to bring immigrants
into the State.
Duties.
Sec. 861. He shall collect, assort, systematize and present in a
report to the governor, on or before the 5th day of January of
each year, who shall transmit it to the general assembly, statis­
tical details relating to all departments of labor in this State, such



LABOR LAWS— SO UTH CAROLINA---- CODE OP 1912.

1993

as the hours of labor, cost of living, supply of labor required, esti­
mated number of persons depending on daily labor for their sup­
port. Said statistics may be classified as follows;
1. Agriculture.
2. In manufacturing and mechanical industries.
3. In transportation.
[4.] In clerical and all other skilled and unskilled labor not
above enumerated.
5. The amount of capital invested in lands, buildings, machin­
ery, material, and means of production and distribution generally.
6. The number, age, sex and condition of persons employed; the
nature of their employment; the number of hours of labor per
day, and the wages received in each of the industries and employ­
ments enumerated.
7. The sanitary conditions of factories, foundries, machine
shops, mercantile establishments, where five or more people are
employed as laborers.
8. The number, condition and nature of employment of the in­
mates of the State prison, county jails and reformatory institu­
tions, and to what extent their employment comes in competi­
tion with the labor of artisans and laborers outside of these
institutions.
9. All such other information in relation to labor as may seem
advisable to further the object sought to be obtained by this
article.
S ec . 862. The commissioner shall annually, on or before the first Schedule of
day of November, transmit by mail to the owner, operator or man- in<luilTager of eyery manufacturing establishment in this State a schedule
embodying inquiries as to—
1. Name of person, partnership or corporation.
2. Kinds of goods manufactured or business done.
3. Number of partners or stockholders.
4. Capital invested.
5. Average number of persons employed, distinguishing as to
sex, adults, and children under sixteen years of age.
6. Total wages, not including salaries of managers, paid during
the year, distinguishing as to sex, adults, and children under six­
teen years of age.
S ec. 863. T h e owner, operator or manager of every establish- Answer to inment which is engaged in manufacturing shall answer the inqui-quiries*
ries thereon for the twelve months, November 1st to October 31st
preceding, and return said schedule to the commissioner on or
before the fifth day of December following receipt of said schedule.
S ec . 864. It shall be the duty of all State and county officials, in fo rm a tio n
every employer of labor, and every person engaged in any in du s-to be furnished,
trial pursuit, to give to the commissioner, or his agents, all neces­
sary information to enable him to perform the duties herein
required of him.
S ec . 865. The commissioner shall have power to send for per- Powers,
sons or papers whenever in his opinion it is necessary, and he
may examine witnesses under oath, being duly qualified to admin­
ister the same in the performance of his duty, and the testimony
so taken must be filed and preserved in the office of the com­
missioner; he and his agents and inspectors shall have free
access to all places where five or more people are employed as
laborers.
S ec . 866. No use shall be made in the reports of the commis- Names not to
sioner of the names of individuals, firms or corporations sup-be disclosed,
plying the information called for by this article, such information
being deemed confidential and not for the purpose of disclosing
any person’s affairs.
S ec . 867. Said commissioner may employ two inspectors, who inspectors,
shall be appointed by the commissioner at a salary of ten hun­
dred dollars each per annum and necessary traveling expenses,
not to exceed two hundred dollars each in any one year, to as­
sist him in the discharge of the duties imposed by this article
from and including section 861 to the end of this article. The




1994

BULLETIN" OF TH E BUR EAU OF LABOR STATISTICS.

inspectors sliall be under the supervision and control of the
commissioner.
A c c e s s to Sec. 868. The commissioner, his agents and inspectors, may
buildings.
enter all buildings and parts thereof which are subject to the
provisions of this article and examine the methods of protection
from accidents, the means of escape from fire, the sanitary pro­
visions and the means of ventilation, and may make investiga­
tions as to the employment of children and women.
W ater-closets,
Sec. 869. Every factory, mercantile or other establishment or
etc*
office where two or more males and two or more females are
employed together, shall be provided with a sufficient number of
separate water-closets, earth closets or privies, for the use of each
sex, and plainly so designated; and no person shall be allowed to
use a closet or privy which is provided for persons of other sex.
Such water-closets, earth closets or privies, shall be kept clean
and free from disagreeable odors,
f E^Pioyment Sec. 870. It shall be the duty of each corporation or other emof children.
pi0yer to place in one or more conspicuous places in each room of
the factory in which any children under fourteen years of age are
employed a notice or notices to the effect that said children are
forbidden to clean any gears, cams or pulleys, or to clean in dan­
gerous proximity thereto, while the same are in motion by aid of
steam, water, electricity or other mechanical power; and no such
employer, or its officers, superintendents, overseers or agents
shall knowingly or w illfully permit or consent to such children
so cleaning the said moving parts,
t Sa^e ^ tctS aS ®EC*
®yery Person, firm or corporation employing children
°
*
shall procure from the parent, guardian, or person in custody of
said child or children, a signed statement in which shall be
recorded the name, birthplace, age and place of residence of every
such child under fourteen years of age, and the same shall be
produced for inspection on demand , of the commissioner or his
agents or inspectors.
Inspections.
gE0 §72. The inspectors appointed under this article are em­
powered to visit and inspect, at reasonable hours, and as often as
practicable, the factories, workshops and other establishments in
this State referred to in this article, and shall report to the com­
missioner the result of their inspections. They shall enforce the
provisions of this article and prosecute all violations of the same.
Blanks.
gEc. 873. All blanks and forms required by the commissioner
under this article shall be furnished by the comptroller general.
Expenses.
gEa 374. Inspectors provided for in this article shall keep and
furnish to the comptroller general and commissioner itemized
statements of necessary expenses incurred in enforcing this article.
And all the money paid out under this article shall be on a warrant
of the comptroller general.
R elief societies—Railroads—Paym ent of benefits.
Settlement
required.

lieuof
ages.

S ec t io n 2577. When any railroad company has what is usually
called a relief department for its employees, the members of which
are required or permitted to pay some dues, fees, moneys or com­
pensation to be entitled to the benefits thereof, upon the death or
injury of the employee, a member of such relief department, such
railroad company be, and is hereby, required to pay to the person
entitled to same, the amount it was agreed the employee or his
heirs at law should receive from such relief department; the acceptance of which amount shall not operate to estop or in any way
dam-bar the rigllt of Slicb €mPloyee, or his personal representative,
from recovering damages of such railroad company for injury or
death caused by the negligence of such company, its agents or
servants, as now provided by la w ; and any contract, or agreement
to the contrary, shall be ineffective for that purpose.




LABOR LAWS---- SO UTH CAROLINA---- CODE OF 1912.

1995

Paym ent of wages earned within the State.
S ection 2807* All debts due and to become due by all corpora- What debts
tions doing business in this State, to employees who reside in £ W ble withia
this State for labor or services rendered to such corporations a e*
within the lim its of this State, shall be deemed or held to be due
and payable within this State.

Relief departments—Payment of benefits no bar to suits.
S ection 2808. When any corporation, firm or individual runs or Settlement reoperates what is usually called a relief department for its em- Q
uiredployees, the members of which are required or permitted to pay
dues, fees, money or other compensation, by whatever name called,
to be entitled to the benefit thereof, upon the death or injury of
the employee, a member of such relief department, such corpora­
tion, firm or individual, so running or operating the same is re­
quired to pay to the person entitled to the same the amount it
was agreed the employee, his heirs or other beneficiary under
such contract should receive from such relief department; the
acceptance of which amount shall not operate to estop, or in any Benefit not in
way bar the right of such employee or his personal representative lieu of damfrom recovering damages of such corporation, firm or individual asesfor personal injury or death caused by the negligence of such cor­
poration, firm or individual, their servants or agents, as are now
provided by la w ; and any contract or agreement to the contrary,
or any receipt or release given in consideration of the payment of
such sum, is and shall be null and void.
This sta tu te is constitutional. 73 S. E. 71.
Relief benefits can not be collected after the collection of a judgm ent
and a receipt releasing from further liability. 60 S. E. 939.

Accident insurance—Corporations.
S ection 2860. Each and every manufacturing corporation of Mutual comthis State, whether incorporated under the provisions of a n y panies*
special or general act of the general assembly o f this State,
shall, in addition to all the rights, powers and franchises which
they and each of them now severally possess, have full power and
authority to become a member of or effect insurance of their
several property, in whole or in part, in any mutual protective as­
sociation or associations, or mutual insurance company or com­
panies of any kind, and to severally subscribe and subject them­
selves to all the provisions of the several constitutions or by-laws
of such associations or companies.

Railroads—Safety appliances, etc.
S ection 3144. The railroad commission shall have authority to P o w e r of
require the installation and use by the railroads operating trains
com*
in or through this State of any safety device, when in their judg­
ment, after due consideration and trial, shall have been proved
to materially contribute to the safety of the operation of trains
and for the protection of the lives and limbs of the crews oper­
ating such trains or the traveling public, or for their reasonable
comfort, or for the sanitation of passenger and freight trains on
which passengers travel or employees work, a s well as all depots,
both passenger and freight.
S ec. 3145. A failure to comply with such orders of said railroad
Fai l ure to
commission within time fixed by said commission, shall subject comply,
said railroad to a penalty of five hundred dollars, to be collected
by suit in any court of competent jurisdiction by any person or
order aggrieved. * * *
S ec. 3149. The railroad commissioners shall investigate the investigation
causes of any accident on a railroad resulting in loss of life, and of accidents,
of any accident not so resulting, which, in their judgment, shall
require investigation.




1996

B U L L E T IN OF TH E BUR EAU OP LABOR STATISTICS.

Right of ac­
Sec. 3206. If any railroad company doing business in this State
tion.
shall, in violation of any rule or regulation provided by the com­

missioners aforesaid, inflict wrong or injury on any person, such
person shall have a right of action and recovery for such wrong
or injury in the county where the same is done in any court having
jurisdiction thereof, and the damages to be recovered shall be the
same as in actions between individuals, except that in cases of
willful violation of law such railroad companies shall be liable to
exemplary damages: Provided, That all suits under this chapter
shall be brought within twelve months of the commission of the
alleged wrong or injury.
Sunday labor—Railroads.
Section 3210. It shall be unlawful for any railroad corporation
owning or controlling railroads operating in this State to load or
unload, or permit to be loaded or unloaded, or to run or permit to
be run, on Sunday, any locomotive, cars or trains of cars moved
by steam power, except as hereinafter provided, and except to
unload cars loaded with animals.
W hat train s
Sec. 3211 (as amended by chapter 327, Acts of 1912). Said
may he run on
corporations or persons may run on Sunday trains laden exclu­
Sunday.
sively with vegetables and fruits; and on said day, in any and
every month, their regular mail trains and such construction
trains as may be rendered necessary by extraordinary emergencies
other than those incident to freight or passenger traffic, and such
freight trains as may be in transit which can reach their destina­
tion by six o’clock in the forenoon: Provided, That the railroad
commissioners shall have the power (upon proper application
made to them for the purpose by the officers of the church or
religious denominations in charge of the place where such services
are to be held) to authorize and permit the running of trains on
any Sunday in the year for the transporting of passengers to and
from religious services: Provided, The application for the permit
and the authority granted must both be in writing and made a
part of the records of said railroad commissioners: Provided,
That solid trains made up of through freight cars reaching on
Sunday any point upon any railroad in South Carolina and des­
tined for some point or points beyond the limits of the State of
South Carolina may be continued as a solid through freight train
along the line of said railroad through the State of South Caro­
lina, without stopping said train for any other purpose than to
take on fuel and receive necessary running orders and to change
engines and cabooses.
Accidental de­
Sec. 3212. Any train running by a schedule in conformity with
lay.
the provisions of this chapter [article], but delayed by accident or
other unavoidable circumstance, may be run until it reaches the
point at which it is usual for it to rest upon a Sunday.
Penalty.
Sec. 3213. For a willful violation of the provisions of the three
preceding sections the railroad company so offending shall forfeit
to the State five hundred dollars, to be collected in any court of
competent jurisdiction.
Running

trains, etc.

Railroads—Brakes and brakemen—Accidents—Judgnvents.
B r a k e s re­ Section 3217. Every railroad corporation shall cause a good
quired.
and sufficient brake to be attached to every car used upon its rail­

Brakemen.

road for the transporta ion of passengers, and to every car used
for the transportation of freight, except four-wheeled freight cars
used only for that purpose; and shall cause to be stationed on
every passenger train trusty and skillful brakemen, equal in num­
ber at least to one for every two cars in the train, except on pas­
senger trains, where power brakes are used, and one such brake­
man upon the last car of every freight train, which must always
be equipped with a good and sufficient brake.
In the absence of testim ony to the contrary the company will be pre­
sumed to have complied w ith th is section. 26 S. C. 49.
In order to hold the company liable, the failure to comply m ust be
shown to be the proxim ate cause of the injury. 27 S. C. 71.




1997

LABOJt LAWS— SOUTH CAROLINA— CODE OF 1912.

S ec . 3228. Every railroad corporation shall cause immediate Accidents to
notice of any accident which may occur on its road attended be reporte(L
with injury to any person, in such cases of accident attended with
any injury to any person, as the railroad commissioners may by
rules and regulations adopted by them, require the giving of
such notices, to be given to a physician most accessible to the
place of accident and to the railroad commissioners, by telegraph,
telephone or such other means as may be the quickest under the
circumstances, at the same time that notice is given the officials
of the road on which the accident occurred, and shall furnish im­
mediate transportation for the commissioners over its line to the
place of accident, free of expense to the commissioners, and if
the commissioners use another railroad to reach the place of ac­
cident, the corporation on whose line the accident occurs shall
pay the expense of transportation thereon, and shall also give
notice in like manner of any accident falling within any descrip­
tion of accidents of which said commissioners may by general
regulation require notice to be given. For each omission to give
such notice the corporation shall forfeit a sum not exceeding five
hundred dollars.
Sec. 3229. Whenever a cause of action shall arise against any #J u d g m e n t a
railroad or street railway corporation for personal injury o r lieninjury to property sustained by any person, and such cause of
action shall be prosecuted to judgment by the person injured, or
his or their legal representatives, said judgment shall relate back
to the date when the cause of action arose, and shall be a lien as
of that date upon the income, property and franchise of said cor­
poration, enforcible in any court of competent jurisdiction by at­
tachment or levy and sale under execution, and! shall take pre­
cedence and priority of payment of any mortgage, deed of trust or
other security given to secure the payments of bonds made by
said railroad or street railway company: Provided, Any action Lim itation,
brought under this section shall be commenced within twelve
months from the time that said injury was sustained.

Earnings of minors.
S ectio n 3788. If any person shall hire or employ any minor,
Consent of
or person under the age of twenty-one years, without the knowl- p a r e n t s re­
edge and consent of the parents or guardian of such minor, such qm
person shall pay to said parents or guardian the full value of
the labor of said minor from and after notice from the parents or
guardian that payment of such service shall be made to him or
them, as the case may be: Provided, This section shall not apply Proviso,
to cases where the parents or guardian fails or refuses to fur­
nish the minor a home and support, in which cases the minor
shall have the right to make contracts in regard to his own labor
and enforce same in his own name and for his own benefit, and
the employer shall be responsible to the minor only in such cases.

Employment of labor.
S ectio n 3809. All contracts made between owners of land, their Contracts to
agents, administrators, or executors, and laborers, shall be w it-b®
c
s ’
nessed by one or more disinterested persons, and, at the request
of either party, be duly executed before a magistrate whose duty
it shall be to read and explain the same to the parties. Such con­
tracts shall clearly set forth the conditions upon which the laborer
or laborers engaged to work, embracing the length of time, the
amount of money to be paid, and w hen; if it be on shares of crops,
what portion of the crop or crops.
T his does not prevent a common law contract.

18 S. C. 512.

S e c . 3810. Whenever labor is performed under contract on

Division

shares of crop or crops, such crop or crops shall be gathered and cr°Psdivided off before it is removed from the place where it was
planted, harvested, or gathered. Such division to be made by a



of

1998

B U L L E T IN OF TH E BUREAU OF LABOR STATISTICS.

disinterested person, when desired by either party to the con­
tract. And such disinterested party shall be chosen by and with
the consent of the contracting parties; whenever the parties fail
to agree upon any disinterested party, or, if complaint is made
that the division has been unfairly made, within ten days after
such division, it shall be the duty of the magistrate residing
nearest the place where such crop or crops are planted, harvested,
or gathered, to cause, under his immediate supervision, such
equitable division as may be stipulated in the contract. Such dis­
interested party or magistrate shall receive reasonable compensa­
tion for such service, to be paid by both the contracting parties,
according to their several interests, except in cases of an attempt
to w illfully defraud the other by one of the contracting parties;
and then such compensation shall be paid by the parties so
attempting to defraud the other. When such division has been
made, each party shall be free to dispose of their several portions
Proviso.
as to him or her or them may seem fitting: Provided, That if
either party be in debt to the other for any obligation incurred
under contract, the amount of said indebtedness may be then and
there settled and paid by such portion of the share or shares of
the party so indebted as may be agreed upon by the parties
themselves, or set apart by the magistrate, or any party chosen to
divide said crop or crops.
money”1
Sse. 3811. Unless otherwise provided by special contract, all
persons who employ laborers upon plantations or elsewhere, by
the day, week, month or year shall pay such laborers or employees
in lawful money.
Wages d u e gEc. 3812. When any corporation carrying on any business in
on aiscnarge. £lnS State in which laborers are employed, whose wages, under
the business rules or customs of such corporation, are paid
monthly or weekly on a fixed day beyond the end of the month
or week in which the labor is performed, shall discharge any such
laborer, the wages which have been earned by such discharged
laborer shall become immediately due and payable. And if not
so paid, then such laborer shall recover in addition thereto, a
Penalty.
penalty of five dollars per day for every day after twenty-four
hours until such wages are paid, to be recovered in any court of
competent jurisdiction, in the same action with the wages, or in a
separate action: Provided, Such demand has been made upon the
paymaster or other paying officer.
This section is sustainable as an amendm ent to the charters of the cor­
porations affected. I t does not deprive corporations of property w ithout
due process of law, and is constitutional. No penalty attaches if the claim
was not a ju st one, or if the employee evades payment. 79 S. E. 521.

he^e^otiaWe*0 ^EC* 3813. It shall not be lawful for any corporation, person or
&
‘ firm in this State to issue, pay out or circulate for payment of
the wages of labor, any order, check, memorandum, token or
evidence of indebtedness, payable in whole or in part otherwise
than in lawful money of the United States, unless the same is
negotiable and redeemable at its face value, without discount, in
cash or in goods, wares or merchandise, or supplies, at the option
of the holder, at the store or other place of business of such
firm, person or corporation, or at the store o f any other person
on whom such paper may be drawn, where goods, wares or mer­
chandise are kept for sale, sold or exchanged, and the person
who, or corporation, firm or company which may issue any such
order, check, memorandum, token or other evidence of indebted­
ness, shall, upon presentation and demand, within thirty days
from date of delivery thereof, redeem the same in goods, wares,
merchandise or supplies at the current cash market price for like
goods, wares, merchandise or supplies, or in lawful money of the
United States, as may be demanded by the holder of any such
order, memorandum, token or other evidence of indebtedness:
Provisos.
Provided, That if said corporation, person or firm engaged as
specified in this section have a regular pay day once in every
thirty days, then said corporation, person or firm shall not be
required to redeem such token or evidence of indebtedness in cash



LABOR LAWS--- SOUTH CAROLINA----CODE OF 1912.

1999

until the first pay day after the same becomes payable, as herein
provided, and such token or evidence of indebtedness shall be
presented for payment in cash only on such pay days: Provided,
That the provisions of this section shall not apply to agricultural
contracts or advances made for agricultural purposes.
This section is constitutional. 68 S. C. 339; 47 S. E. Rep. 695.
S ec . 3814. Any officer or agent of any corporation or any per-

son, firm or company engaged in the business of manufacturing
or mining in this State, who by themselves or agent shall issue or
circulate in payment for wages of labor any order, check, memo­
randum, token or evidence of indebtedness, payable in whole or
in part otherwise than in lawful money of the United States,
without being negotiable and payable at the option of the holder
in goods, wares, merchandise, supplies or lawful money of the
United States, as required by section 3813 or shall fail to redeem
the same when presented for payment within thirty days from
date or delivery thereof, by the said company or its agent, at his
or their office or place of business, in lawful money of the United
States, or who shall compel or attempt to coerce any employee
of any such corporation, shall forfeit to the employee or legal
owner and holder of such order, check, memorandum, token or
evidence of indebtedness fifty dollars to be recovered in any court
of competent jurisdiction: Provided, That in establishments for
manufacturing lumber or brick such checks shall not be redeem­
able in cash except on regular pay days.

Failure to rem orders,

Street railw ays—L iability for injures—Vestibules.
S e c t io n 3948. Every employee of any street railway doing busiwhat remeness in this State shall have the same rights and remedies for an dies apply,
injury suffered by any person from the acts of omission of said
corporation, or its employees as are provided by the constitution
for employees of railroad corporations.
S ec . 3949. Electric railway companies shall affix to their cars yestibuies reor coaches enclosed! vestibules, of wood, iron or glass, for the pro- quired.
tection of motormen and passengers during the months of Decem­
ber, January, February and March: Provided, That the failure
of any such company to comply with the provisions of this sec­
tion shall be subject to a penalty of ten dollars per day, to be re­
covered by any citizen in the city or town where such company
does business, one-fourth ( ! ) thereof to go to the person bringing
the suit to enforce the law, and the remaining three-fourths ( f)
for the benefit of the State: Provided, That the same shall not
apply to any car or cars operated south of a line ten miles north
of and parallel to the thirty-fourth meridian.
S ec . 3951. In the construction of this section and section 3952 Definition,
the phrases “ street railroad ” or “ street railway ” shall be
construed to include all railroads and railways operated by elec­
tricity, whose main business consists in the transportation of
passengers between different points within the limits of a munici­
pality ; and the phrases, “ interurban railroad ” or “ interurban
railway ” shall be construed to include all railroads and railways
operated by electricity whose main business consists in the trans­
portation of passengers from one municipality to another.
S ec . 3952. All interurban railways operating in this State shall yestibuies re­
affix to their cars or coaches, enclosed vestibules of wood, iron or Q
uiredglass for the protection of motormen and passengers during the
months of November, December, January, February and March:
Provided, That the failure of any such company to comply with
the provisions of this article from and after the 1st day of No­
vember, A. D. 1910, shall be subject to a penalty of ten dollars
per day, for each car, to be recovered by any citizen of any
county in which such company does business, one-fourth thereof
to go to the person bringing the suit, to enforce the law, and the
remaining three-fourths for the benefit of the county.




2000

B U L L E T IN OF TH E BUREAU OF LABOR STATISTICS.
C ode

of

C iv il P rocedure .

Exemption of wages from execution.
S i x t y days’ S ectio n 355. The judge may order any property of the judgImpt, wfen.6X"ment debtor, not exempt from execution, in the hands either of
himself or any other person, or due to the judgment debtor, to
be applied towards the satisfaction of the judgment; except that
the earnings of the debtor for his personal services, at any time
within sixty days next preceding the order, can not be so applied,
when it is made to appear, by the debtor’s affidavit or otherwise,
that such earnings are necessary for the use of a family sup­
ported wholly or partly by his labor.
C r im in a l C ode.

Xcgligence of employees of common carriers.
Injury caused
S e c t io n 168. If any person within this State shall suffer injury
by negligence, to life or limb by the explosion of any boiler of a steamboat, or

by reason of the unskillfulness, mismanagement, or negligence of
the persons having the charge or command of the said boat, or
her engine, or by reason of any defect in the said engine or boat,
or by reason of the deficiency or want of any matter or thing
necessary and proper for the management or seaworthiness of the
said boat, the captain, master, or other person having the com­
mand or charge of such boat, shall, for every such injury, be
deemed guilty of a misdemeanor, and, on conviction, shall be pun­
ished by fine or imprisonment, or both, at the discretion of the
Proviso.
court before which such conviction shall be h a d : Provided, how­
ever, That nothing contained in this section shall be so construed
as to prevent the defendant from showing, on the trial, that the
injury arose from unavoidable accident, or without fault on his
part, and that this section shall not in any manner be construed
to restrict the liability of any person to be indicted, tried, and
punished under any law existing.
Negl igence
S ec . 169. Any engineer or conductor of any railroad company
causing injury. * ^
n
state, who shall w illfully neglect to observe, or shall w ill­
fully violate, any rule or regulation of the company to which such
engineer or conductor may belong, whereby any person or persons
shall sustain, or be in danger of sustaining, any bodily injury,
such engineer or conductor shall be liable to be indicted for
every such offense, and upon conviction thereof, shall be fined
two hundred dollars, and be imprisoned not exceeding one year,
at the discretion of the judge before whom such case may be
tried: Provided, hoioever, That nothing herein contained shall be
so construed as to relieve such engineer or conductor from respon­
sibility, in cases where the life of any person is destroyed, under
the law as it now exists.
Bribery of employees.
O f f e r i n g S e c t io n 277. Whoever corruptly gives, offers or promises to an
bribes.
agent, employee or servant, any gift or gratuity whatever, with
intent to influence his action in relation to his principal’s, em­
ployer’s or master’s business; or an agent, employee or servant
who corruptly 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 par­
ticular manner in relation 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, receives directly
or indirectly, for himself or for another, a commission, discount
A c c e p t i n g or bonus from the person who makes such sale or contract, or furbonus.
nishes such materials, supplies or other articles, or from a person
who renders such service or labor; and any person who gives or




LABOR LAWS— SOUTH CAROLINA----CODE OP 1912.

2001

offers such an agent, employee or servant such commission, dis­
count or bonus, shall be punished by a fine of not more than five
hundred dollars, or by such fine and by imprisonment for not more
than one year.
Protection of employees as voters.
S ec t io n 369. Whoever shall assault or intimidate any citizen D isc h a rg in g
because of political opinions or the exercise of political rights and employees, etc.,
privileges guaranteed to every citizen of the United States by the yote?C °
C
Constitution and laws thereof, or by the constitution and laws of
this State, or, for such reason, discharge such citizen from employ­
ment or occupation, or eject such citizen from rented house or
land or other property, such person shall be deemed guilty of a
misdemeanor, and, on conviction thereof, be fined not less than
fifty nor more than one thousand dollars, or be imprisoned not
less than three months or [nor] more than one year, or both, at
the discretion of the court.

Hours of labor—Employment of women and children.
S ec t io n 421. Ten hours a day, or sixty hours a w eek : Provided, Maximum of
however, That the hours of a single day shall not exceed eleven dav^or^ixtv
hours, except for the purposes of making up lost time as herein- hours a week,
after provided, shall constitute the hours for working all oper­
atives and employees in cotton and woolen manufacturing estab­
lishments engaged in the manufacture of yam s, cloth, hosiery
and other products for merchandise, except mechanics, enginers,
firemen, watchmen, teamsters, yard employees and clerical force.
All contracts for longer hours of work other than herein provided
in said manufacturing establishments shall be, and the same are
hereby declared null and void; and any person entering into or
enforcing such contracts shall be deemed guilty of a misdemeanor
in each and every instance, and, on conviction in a court of compe­
tent jurisdiction, shall be fined a sum of money not less than $25
nor more than $100, or imprisonment not exceeding thirty days:
Provided, That nothing herein contained shall be construed as for­
bidding or preventing any such manufacturing company from
making up lost time to the extent of sixty hours per annum, where
such lost time has been caused by accident or other unavoidable
cause.
Sec. 422. No child under the age of twelve years shall be em- Age limit,
ployed in any factory, mine, or textile establishment of this State.
S ec . 423. No child under the age of sixteen years shall be per- Nightwork.
mitted to work between the hours of eight o’clock p. m. and six
o’clock in the morning in any factory, mine or textile manufactory
of this State: Provided, That children under the age of sixteen,
whose employment is permissible under the provisions of this
chapter, may be permitted to work after the hours of eight p. m.
in order to make up lost time which has occurred from some
temporary shutdown of the mill, on account of accident or break­
ing down in the machinery, which has caused loss of time: Pro­
vided, however, That under no circumstances shall a child below
the age of sixteen work later than the hour of nine p. m.
Sec. 424. Any owner, superintendent, manager or overseer of any violations by
factory, mine or textile manufacturing establishment, or any em ployers ;
other person [in charge] thereof or connected therewith, who shall
knowingly employ any child contrary to the provisions of this
chapter, shall be guilty of a misdemeanor, and for every such
offense shall, upon conviction thereof, be fined not less than ten
dollars nor more than fifty dollars, or be imprisoned not longer
than thirty days, at the discretion of the court.
S ec . 425. Any parent, guardian or other person having under his By parents,
or her control any child, wh6 consents, suffers or permits the etc.
employment of his or her child or ward under the ages above
provided, or who knowingly or w illfully misrepresents the age of
such child or ward to any of the persons named in section 424 of
39387°—Bull. 148, pt 2—14------50




2002

BULLETIN OF THE BUREAU OP LABOR STATISTICS.

tliis chapter, in order to obtain employment for such child or ward,
shall be deemed guilty of a misdemeanor, and. for every such
oftense shall, upon conviction thereof, be fined not less than ten
dollars nor more than fifty dollars, or be imprisoned not longer
than thirty days, in the discretion of the court.
Statem ent of
S ec . 426. In the employment of any child under the age of
etc
paren fourteen years in any factory, mine or textile manufacturing
establishment, the owner or superintendent of such factory, mine
or textile manufacturing establishment shall require of the parent,
guardian or person standing in loco parentis of such child a sworn
statement, made in duplicate, in which shall be recorded the
name, birthplace, age and place of residence of every such child
under fourteen years of age, the original of which statement shall
be produced for inspection on the demand of [the] commissioner
of agriculture, commerce and industries, or his agents or inspec­
tors, and the duplicate of which shall be forwarded to the comPerm it.
missioner at his office at Columbia; the commissioner shall
thereupon issue permit for employment. The commissioner shall
prescribe and furnish forms under registered numbers for these
statements and duplicates, and shall prescribe regulations for the
keeping of proper records of the children employed in the State
under the laws of the S tate; and any person knowingly furnishing
False s ta te - a false statement of the age of such child or children, shall be
ments.
guilty of a misdemeanor, and for every such offense shall, upon
conviction, be fined not less than ten dollars nor more than fifty
dollars, or be imprisoned not longer than thirty days, in the dis­
cretion of the court. The commissioner shall likewise prescribe
proper forms and regulations for the employment of children
provided for in any other act, making such forms and regulations
compatible with those provided for in this section.
Employment
S ec . 427. It shall be the duty of each corporation or other emof children.
pioyer to place in one or more conspicuous places in each room of
the factory in which any children under fourteen years of age are
employed, a notice or notices to the effect that said children are
forbidden to clean any gears, cams or pulleys, or to clean in dan­
gerous proximity thereto, while the same are in motion by aid of
steam, water, electricity or other mechanical power; and no such
employer, or its officers, superintendents, overseers or agents shall
knowingly or w illfully permit or consent to such children so clean­
ing the said moving parts; and any officer, superintendent, over­
seer or agent violating the provisions of this section shall be pun­
ished by a fine of not less than fifty nor more than one hundred
dollars for each offense,
nr^id^water^ Sec* 428* Wll0eyer violates the provisions of section 869 of the
closets.
Civil Code, in reference to water-closets in factories, shall be pun­
ished by a fine of not less than ten ($10) dollars nor more than
thirty ($30) dollars.
Seats to he S ec . 429. It shall be the duty of all employers of females in any
provided.
mercantile establishment, or any place where goods or wares or
merchandise are offered for sale, to provide and maintain chairs
or stools, or other suitable seats, for the use of such female em­
ployees, to the number of one seat for every three females em­
ployed, and to permit the use of such seats by such employees, at
reasonable times, to such an extent as may be requisite for the
preservation of their health. And such employees shall be per­
mitted to use same, as above set forth, in front of the counter,
table, desk, or any fixture when the female employee for the use
of whom said seat shall be kept and maintained is principally
engaged in front of said counter, table, desk or fixture; and behind
such counter, table, desk or fixture when the female employee for
the use of whom said seat shall be kept and maintained is prinPenalty.
cipally engaged behind said counter, table, desk or fixture. Any
person who violates or omits to Comply writh any of the fore­
going provisions of this section, or who suffers or permits any
woman to stand, in violation of its provisions, shall be guilty of
a misdemeanor, and, on conviction, shall be punished by a fine of



LABOR LAWS— SOUTH CAROLINA— CODE OF 1912.

2003

not less than twenty dollars nor more than one hundred dollars
for each offense.
The commissioner of agriculture, commerce and industries, and Enforcement,
the State factory inspectors are hereby charged with the enforce­
ment of the provisions of this law, and said commissioner is hereby
empowered, from time to time whenever he may deem it necessary,
to employ female inspectors for the purpose of collecting evidence.
The sum of $300, if so much be necessary, shall annually be ap­
propriated for the purpose of compensating such female inspectors.
S ec . 430. The hours of labor of women employed in mercantile Sixty hours
establishments in this State shall be limited to sixty hours per per weekweek, not to exceed twelve hours in any one day, and such female
employees shall not be required to work later than the hour of
ten o’clock p. m. The enforcement of this law is placed in the Nightwork.
hands of the commissioner and inspectors.
Any employer or employers of female labor in mercantile estab- Violation,
lishments who shall violate the provisions of this act [chapter]
shall be deemed guilty of a misdemeanor and shall be punished by
a fine of not less than $10 nor more than $40, or imprisonment of
not less than ten days nor exceeding thirty days.
S ec . 431. No incorporated horse railway company, electric L i m i t
of
railway company, or other street railway company, and no officer, on-street0raiiagent or servant of such corporation, and no person or persons or ways,
firm or joint stock company owning or operating any line or lines
of horse railways, electric railways or other street railways
within the limits of this State, and no agent or servant of such
firm, joint stock company, person or persons, shall require, permit
or suffer its, his or their conductors, motormen, or drivers or other
such employees, or any of them, in its, his, or their service, or
under his, its or their control, to work more than twelve hours
during each day or any day of twenty-four hours, and shall make
no contract or agreement with such employees, or any of them, pro­
viding that they or he shall work for more than twelve hours
during each day of any day of twenty-four hours.
If any corporation or any officer, agent or servant of such cor- violation,
poration, or any person or persons, or any firm or joint stock com­
pany, managing or conducting any horse railway, electric railway
or other street railway in this State, or any agent or servant of
such person or persons, firm or joint stock company, shall do any
act in violation of the provisions of this section, it, he or they shall
be deemed to have been guilty of a misdemeanor, and shall, on
conviction thereof in a court of competent jurisdiction, be fined
one hundred dollars for each offense so committed: Provided, how- Provisos.
ever9 That in cases of accident or unavoidable delay extra labor
may be permitted for extra compensation: Provided, The em­
ployees of the said corporations of the city of Columbia, if they so
desire, may work more than twelve hours daily, conditioned that
they receive extra compensation for all work done over eleven
hours.
Use of reports to commissioner of agriculture, etc.—Interference
w ith factory inspectors.
S ec t io n 486. N o use shall be made in the reports of the commis- Names not to
sioner of agriculture, commerce and industries of the names o f be disclosedindividuals, firms or corporations supplying the information called
for by sections 861 to 874, inclusive, of the Civil Code, such infor­
mation being deemed confidential and not for the purpose of dis­
closing any person’s affairs; and any agent, inspector or employee
of said commissioner violating this provision shall be deemed
guilty of a misdemeanor, and, upon conviction thereof, shall be
punished by a fine not to exceed two hundred dollars, or imprison­
ment in the county jail not to exceed six months.
S ec . 487. Every person or corporation who shall willfully im- H i n d e r i n g
pede or prevent the commissioner of agriculture, commerce and commissioner,
industries, his agents or inspectors, in the free and full perform^
ance of his duties, or who shall discharge or discriminate in the




2004

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

payment of wages against any person because of his or her
Members of membership in a labor organization, shall be deemed guilty of a
labor organiza- misdemeanor, and, upon conviction of the same, shall be fined
not less than ten nor more than fifty dollars, or be imprisoned
not less than ten nor more than thirty days.
Contracts of employment—Fraudulent breach.
F a i l u r e to S ec t io n 492. Any person who shall contract with another to
render service. r e n d e r to him personal service of any kind, and shall thereafter

fraudulently, or with malicious intent to injure his employer, fail
or refuse to render such service as agreed upon, shall be deemed
guilty of a misdemeanor.
F a i l u r e to S ec . 493. Any person who shall hereafter contract to receive
receive service, from another personal service of any kind, and to compensate him
therefor, and shall thereafter fraudulently, or with malicious
intent to injure his employee, fail or refuse to receive such service
or to make compensation as agreed upon, shall be deemed guilty
of a misdemeanor.
Evidence.
S ec . 494. The failure of either party to such contract, as men­
tioned in sections 492 and 493, to perform the obligation assumed
by him thereunder, without sufficient cause, and to the injury of
the other, shall be prima facie evidence, in prosecutions under
sections 492 and 493, that he violated such contract fraudulently
and with malicious intent to injure the other party.
Procuring adS ec . 495. Any person who shall hereafter contract with another
vances.
to render personal service of any kind to him, and shall thereafter
fraudulently, or with malicious intent to injure the employer,
procure advances in money or other thing of value from him, with
intent not to render the service agreed upon, and who shall there­
after, with like intent, fail or refuse to perform the service agreed
upon, shall be deemed guilty of a misdemeanor. Proof of the fact
that the employee entered into the contract, procured advances,
and failed or refused to complete the contract, without sufficient
cause, to the injury of the employer, shall be prima facie evidence
of the offense herein described and declared a misdemeanor.
Accepting
S ec . 496. Any person who shall hereafter contract with another
services.
to receive from him personal service of any kind, to compensate
him therefor, and to make advances to him, and shall thereafter
fraudulently, or with malicious intent to injure the employee, re­
ceive the benefit of such service, in whole or in part, and with
like intent fail or refuse to make the compensation or advances
agreed upon, shall be deemed guilty of a misdemeanor. Proof of
the fact that the employer entered into the contract, received the
benefit of the employee’s services, in whole or in part, and failed
to make the compensation or advances agreed upon, without suffi­
cient cause, to the injury of the employee, shall be prima facie
evidence of the offense herein described and declared a misde­
meanor.
Contracts.
S ec . 497. The contracts referred to in sections 492 to 498, in­
clusive, may be either verbal or in w riting; if in writing,
they shall be witnessed by one or more disinterested persons,
and at the request of either party be duly executed before a mag­
istrate, whose duty it shall be to read and explain the same to
the parties. Such contract shall clearly set forth the conditions
upon which the laborer or laborers engaged to work, embracing
the length of time, the amount of money to be paid, and when;
if it be on shares of crops, what portion or portions thereof. If
verbal, they must be witnessed by at least two disinterested w it'
nesses, not related by blood or marriage within the sixth degree,
to either party, and the term of service contracted for must be for
a definite time, not exceeding one year. All such contracts shall
be valid only between the original parties thereto, and any at­
tempted transfer or assignment of any rights thereunder shall be
null and void.
Contracts to
S ec . 498. If either party to any written contract herein referred
be recorded.
to desires to avail himself of the benefits of sections 492 to 498,



LABOR LAWS— SOUTH CAROLINA----CODE OF 1912.

2005

inclusive, against third parties, lie shall cause the same to be in­
dexed in the office of the register of mesne conveyances or the
clerk of the court (where the office of register of mesne convey­
ances does not exist) of the county in which said labor or service
is to be performed, within ten days from the date of the contract;
and such indexing shall constitute notice to all third parties. Said
index shall show the names of the employer and the laborer, the
date of the contract and date of its termination and the location
and name of the place or places whereon the said service or labor
is to be performed. The clerk of the court or the register of mesne
conveyances, as the case may be, shall indorse his official certifi­
cate and the date of filing to be indexed upon every such contract
filed under the provisions of sections 492 to 498, inclusive, and his
only fee for the same shall be five cents for each contract. And
the clerks of court, or the registers of mesne conveyances as the
case may be, in all the counties of the State shall provide a hook
[book] for indexing such contracts, which shall be plainly labeled
“ Index Labor Contracts,”
S ec . 499 (as amended by act No. 60, Acts of 1913). Upon con- Penalties,
viction in a court of competent jurisdiction of any person charged
with a violation of sections 492 to 498, inclusive, the person so
convicted shall be punished by a fine not less than twenty-five
dollars and not exceeding one hundred dollars, or by imprison­
ment not less than twenty days and not exceeding thirty days for
each offense: Provided, That there shall be no prosecution under
sections 492 to 498, inclusive, unless the arrest warrant shall be
issued within thirty days from the commission of the offense.
S ec . 501. Any laborer working on shares of crops, or for wages payadyancesf'
in money or other valuable consideration, under a verbal or
written contract to labor on farm lands, who shall receive ad­
vances, either in money or supplies, and thereafter w illfully and
without just cause fail to perform the reasonable service required
of him by the terms of the said contract, shall be liable to prose­
cution for a misdemeanor: Provided, The prosecution shall be
commenced within thirty days after the alleged violation, and on
conviction, shall be punished by imprisonment of thirty days, or
to be fined in the sum of not less than fifty dollars nor more than
one hundred dollars, in the discretion of the court: Provided,
The verbal contract herein referred to shall be witnessed by at
least two disinterested witnesses: Provided, That such contracts
shall be valid only between the original parties thereto, and any
attempted transfer or assignment of any rights thereunder shall
be null and void.
S ec. 502. A conviction of either party mentioned in sections 492
E. f f | c t on
to 498, inclusive, for violation of such contract as is mentioned on r *
in said sections, shall not operate as a release or discharge of
such person from the performance of any part of said contract
which is to be performed subsequent to the date of the breach
for which such conviction was h ad : Provided, however, That such
person shall not be criminally liable for the nonperformance of
any obligation due to be performed during the period of time
such person may be undergoing imprisonment.
Paym ent of wages in scrip.
S ectio n 503. Any person or persons who shall offer to any ^ s^Ieofatsc^
laborer or employee, at the time when the wages of such laborer or ture time,
employee are due and payable by agreement, unless otherwise pro­
vided for by special contract, as compensation for labor, or serv­
ices performed, checks, or scrips of any description, known as plan­
tation checks, payable at some future time, or in the shops or
stores of employers, in lieu of lawful money, shall be liable to
indictment and punishment by a fine not exceeding two hundred
dollars, or by imprisonment not exceeding one year, or both,
according to the discretion of the court: Provided, The word
viso*
“ checks ” herein shall not be construed so as to prohibit the giv­
ing of checks upon any of the authorized banks of deposit or issue
in this State.




2006

B U L L E T IN OF T H E BUR EAU OF LABOR STATISTICS.

Enticing employees.
Enticing la-

cent ract.n

S ec t io n 504 (as amended by act No. 28, Acts of 1913). Any per­
son wl10
entice or persuade, by any means whatsoever, any
tenant, servant or laborer, under contract with another, duly
entered into between the parties or between parents or guardians
for the services of their minor children or wards before one or
more witnesses, whether such contract be verbal or in writing, to
violate such contract, or shall employ such laborer knowing such
laborer to be under contract with another, shall be deemed guilty
of a misdemeanor, and, upon conviction, shall be fined not less
than twenty-five dollars nor more than one hundred dollars, or to
be imprisoned in the county jail not less than ten nor more than
thirty days.

Employers to furnish names of employees to road overseers.
Employers to
S e c tio n 638. * * * Such [road] overseer is hereby authorofP
empioyfeseS ized to demand of any person or corporation the name of any and
’ all hands in his, her or its employ; and any person or corpora­
tion receiving of such overseer or warner, by him appointed, such
demand, failing or refusing to furnish a list containing the names
of all male employees, shall be guilty of a misdemeanor, and for
every such offense shall be subject to a fine of not less than ten
dollars nor more than thirty dollars, or imprisonment in the
county jail for not less than ten nor more than thirty d a y s; * * *

Negligence of employees on railroads.
N e g lig e n c e
S ection 660. When an engineman, fireman, or other agent or
causing injury. 0fljcer 0f a railroad corporation, is guilty of negligence or care­

lessness whereby an injury is done to any person or corporation,
he shall be punished by imprisonment not exceeding twelve
months, or by a fine not exceeding one thousand dollars.
Violation of g EC. 662. Any engineer, conductor, or other agent or employee
injury.
of any railroad company in this State, who shall w illfully neg­
lect to observe, or shall w illfully violate, any rule or regulation
of the company to which such engineer or conductor may belong,
whereby any person or persons shall sustain, or be in danger of
sustaining, any bodily injury, such engineer or conductor, or other
agent or employee, shall be liable to be indicted for every such
offense, and, upon conviction thereof, be fined two hundred dollars
and imprisonment not exceeding one year, at the discretion of the
Proviso.
judge before whom such case may be tried: Provided, however,
That nothing herein contained shall be so construed as to relieve
such engineer or conductor from responsibility, in cases where the
life of any person is destroyed under the law as it now exists.
Sunday labor.
S
ivSday labor S ection 698. No tradesman, artificer, workman, laborer, or other
rorbiaaen.
person whatsoever, shall do or exercise any worldly labor, busi­

ness, or work of their ordinary callings upon the Lord’s Day
(commonly called the Sabbath), or any part thereof (work of
necessity or charity only excepted) ; and every person being of
the age of fifteen years or upwards, offending in the premises,
shall, for every such offense, forfeit the sum of one dollar.
Operating ma- gEC. 701. In addition to the penalties prescribed against tradeschmc shops.
men^ artifiC
ers, workmen and laborers who shall do or exercise
any worldly labor, business or work of their ordinary calling upon
the Lord’s Day (commonly called the Sabbath) or Sunday, or any
part thereof, any corporation, company, firm or person who shall
order, require or direct any work to be done in any machine shop
or shops on Sunday, except in cases of emergency, shall, upon
conviction, be deemed guilty of a misdemeanor, and shall be fined
in a sum not less than one hundred dollars and not more than five
hundred dollars for each offense.



LABOR LAWS— SOUTH CAROLINA— CODE OF 1912.

2007

Emigrant agents.
S ec t io n 896. No. person shall carry on the business of an emi-

License

i

grant agent in this State without having first obtained a license quiredtherefor from the county treasurer of each county in which he
solicits emigrants. Any person shall be entitled to a license,
which shall be good for one year, upon payment into the county
treasury, for the use of said county, two thousand dollars in each
county in which he operates or solicits emigrants, for each year
so engaged. Any person doing business of an emigrant agent
without having first obtained said license, shall be deemed guilty
of a misdemeanor and, upon conviction, shall be punished by
fine, not less than one thousand dollars and not more than five
thousand dollars, or may be imprisoned in the county jail or on
the public works not less than four months, or confined in the
State prison, at hard labor, not exceeding two years for each and
every offense, within the discretion of the court.
The term “ emigrant agent,” as contemplated in this act [sec- Definition,
tion], shall be construed to mean any person engaged in Hiring
laborers or soliciting emigrants in this State, to be employed be­
yond the limits of the same.
ACTS OF 1912.
A ct No. 405.—Employment of children—Messenger service.

Section 1. In cities of five thousand inhabitants and over no Age limit.
child under fourteen years of age shall be employed, permitted or
suffered to work as a messenger for any telegraph, telephone or
messenger company in the distribution or delivery of goods or
messages, nor shall any minor child or person under eighteen
years of age be so employed, permitted or suffered to work before Nightwork.
five o’clock in the morning or after ten o’clock in the evening any
day.
Sec. 2. It shall be the duty of the commissioner of agriculture, Enforcement.
commerce and industries to see that the provisions of this act are
complied with. He, his agents or inspectors, shall have the right
at any and all times to enter all buildings and parts thereof which
are subject to the provisions of this act and make investigations
as to the employment of children. He, his agents or inspectors,
are also authorized to institute prosecutions for violations of the
provisons of this act.
I n te rf erence
S ec . 3. Every person, firm or corporation who shall w illfully
[willfully] impede the commissioner, his agents or inspectors in w ith enforce­
ment.
the free and full performance of his duties shall be guilty of a
misdemeanor, and, upon conviction of the same, shall be fined not
less than ten nor more than fifty dollars, or be imprisoned not
less than ten nor more than thirty days, in the discretion of the
court.
Sec. 4. The commissioner shall have power to send for persons P o w e r of
or papers whenever in his opinion it is necessary, and he may commissioner.
examine witnesses under oath, being duly qualified to administer
the same in the performance of his duty, and the testimony so
taken must be filed and preserved in the office of the commissioner.
Sec. 5. Any owner, superintendent, manager or overseer of any Violations by
telegraph, telephone or messenger company, or office, of any em ployers;
theater, concert hall or place of amusement or any other person
thereof or connected therewith, who shall knowingly employ any
child or person contrary to the provisions of this act shall be
guilty of a misdemeanor, and for every offense shall, upon con­
viction thereof, be fined not les [less] than ten nor more than fifty
dollars, or be imprisoned not longer than thirty days, in the dis­
cretion of the court.
Sec. 6. Any parent, guardian or other person having under his By parents.
or her control any child who covenants, suffers or permits the
employment of his or her child or ward under the age above pro­
vided, or who knowingly or w illfully misrepresents the age of
such child or ward to any of the persons named in section 2 of
this act, in order to obtain employment for such child or ward,



2008

BULLETIN OF THE BUREAU OF LABOR STATISTICS.
shall be deemed guilty of a misdemeanor, and for every such
offense shall, upon conviction thereof, be fined not less than ten
dollars nor more than fifty dollars, or be imprisoned not longer
than thirty days, in the discretion of the court.
A ct N o. 424. —Employment of labor—Notice of suspension of work.

Who to give
notice.

Violations.

S ection 1. All employers of labor in this State requiring notice
from any employee, of the time such employee w ill quit work,
shall give notice to its employees, of its purpose to quit work, or
shut down, by posting a printed notice stating the date of the
beginning of the shutdown or cessation from work, and the ap­
proximate length of time the continuous shutdown is to continue,
in each room of its building; not less than two weeks or the same
time as is required of employees before so stopping work, or shut­
ting down, of its purpose to stop work or shut down: Provided,
That they are not required to do so by reason of some unforeseen
accident to machinery, or by some act of God or of the public
enemy.
S ec . 2. Any employer of labor subject to the provisions of this
act failing to post such notice in the manner herein provided,
shall be subject to a fine of not exceeding five thousand dollars,
upon conviction; and in addition thereto shall be liable to each
and every one of its employees, for such damages as each and
every one of its employees may suffer by failure to give such
notice.
A ct N o. 452.—Railroads—Headlights on locomotives.

H e a d lig h ts
S ection 1. Every company, lessee, manger [manager] or re­
required.
ceiver owning or operating a railroad in this State, is hereby

required to equip and maintain and use upon every and each loco­
motive being operated in railroad service in this State, headlights
of at least ten thousand (10,000) candlepower, measured with
the aid of a reflector, or with a headlight that w ill enable a man
of normal vision to see a man at eight hundred (800) feet from
the locomotive, under normal conditions: Provided, That this act
shall not apply to locomotive engines regularly used in switching
cars or train s: And provided, further, That this act shall not ap­
ply to locomotive engines used exclusively between sunup and
sundown, nor going to or returning from repair shops when
ordered in for repairs: And provided, further, That it shall not
apply to a case where the headlight of an engine has failed after
starting on a trip and can not be repaired on the line, nor another
engine furnished, but such engine may continue on its trip or to
such point as it is practicable to furnish a new engine or to repair
the said light.
Time for com- S ec. 2. Each said person, partnership, companies or receivers
piiance.
who are affected by this law, shall, within one year, equip onefourth of their respective engines in accordance with this act, and
shall each year thereafter equip one-fourth of said locomotives
until the entire number is so equipped: Provided, That all locomo­
tives hereafter equipped by the persons or corporations, receivers
or partnerships affected hereby, shall be equipped in accordance
herewith.
Violations.
Sec. 3. Any railroad company, or the receiver or lessee thereof,
doing business in the State of South Carolina, which shall violate
the provisions of this act, shall be liable to the State of South
Carolina for a penalty of not less than one hundred dollars nor
more than one thousand dollars, for each offense, and such pen­
alty be recovered and suit brought in the name of the State of
South Carolina in any court of competent jurisdiction, in any
county in, or through which line of railroad may run, by the
attorney general or any circuit solicitor.
Application S ec. 4. All acts and parts of acts in conflict herewith are hereby
of law.
repealed.
This act shall not apply to railways or railroads less than sixty
(60) miles in length.



SOUTH DAKOTA.
REVISED CODES—1903.
P olitical C ode.

Mine regulations—Inspector of mines.
S ection 136. There shall be an inspector of mines appointed by inspector,
the governor, by and with the advice and consent of the senate,
who shall be a qualified elector of the State, not under thirty
years of age, and who shall be practically acquainted with mines
and mining in all its branches, and who is not the officer of,
director in, or employee of, any mining company or corporation
during his term of office, and who shall keep his office at Lead
City, Lawrence County, this State, and whose term of office shall
be two years, unless sooner removed by the governor.
n ..
S ec. 140. It shall be the duty of the inspector of mines to visit,
enter, and examine in person any mine or piece of mining ground
for the purpose of ascertaining the condition of the same in
regard to its safety, ventilation and means of egress; and for
this purpose he shall have access at any and all times to any
mine stopes, levels, winzes, tunnels, drifts, crosscuts, shafts,
works and machinery, for the purpose of such inspection: Pro­
vided, however, That the workings of such mine shall not be Provisos,
impeded or obstructed during such examination: Provided, fur­
ther, That this inspection shall not be at the expense of the
owner, lessor, lessee or agent of the mine being examined; but
said owners, lessor, lessee or agent shall render such assistance
as may be necessary to enable the inspector to make the required
examination.
S ec. 141. Whenever the inspector of mines shall receive a A c t i o n on
formal complaint in writing, signed by three or more persons, comPlaintsetting forth that the mine in which they are employed is dan­
gerous in any respect, he shall in person visit and examine such
mine: Provided, Every such formal complaint shall in all cases
specifically set forth the nature of the danger existing at the
mine, and shall describe with as much certainty as is possible how
such danger, apparently or really, renders such mine dangerous,
the time the cause of such danger was first observed, and shall
distinctly set forth whether or not any notice of such danger has
been given by the complainants, or anyone else to their knowl­
edge, to the superintendent of such mine; and if no such com­
plaint has been made to such superintendent, 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, but without the names of the com­
plainants, upon the superintendent or manager, or owner of puch
mine, at any time before he visits the same, and, as soon as pos­
sible, to visit such mine; and if from examination he shall ascer­
tain that the said mine is from any cause in a dangerous condi­
tion, he shall at once notify the owner, lessor, lessee or agent
thereof; such notice to be in writing and to be served by copy on
such owner, lessor, lessee or agent in the same manner as pro­
vided by law for the serving of legal notices or process; and saidl
notice shall state fully and in detail in what particular manner
said mine is dangerous or insecure, and shall require all necessary
changes to be made without delay for the purpose of making such
mine safe for the laborers employed therein; and in case of any
criminal or civil procedure at law against the party or parties so
2009




2010

B U L L E T IN OF T H E BUR EAU OF LABOR STATISTICS.

notified, on account of loss of life or bodily injury sustained by
any employee subsequent to such notice, and in consequence of a
neglect to obey the inspector’s requirement a certified copy of the
notice served by the inspector shall be prima facie evidence of the
culpable negligence of the party or parties so complained of.
Nothing herein shall be so construed as to give the control of any
mine to the mine inspector or allow him to interfere with the
working of any mine.
Annual i n - S ec . 142. It shall be the duty of the inspector of mines, at least
spection.
once in eack year, to visit each mining county in South Dakota
and examine as many of the mines in the different counties as
practicable, and shall make such recommendations as in his judg­
ment are necessary to insure the safety of the workmen employed
therein; and whenever, from his examination, he shall find any
mine to be in an unsafe condition he shall at once serve a notice
upon the owner, lessor, lessee or agent thereof, as provided for in
the preceding section.
Accidents.
S ec . 143. Whenever a serious or fatal accident shall occur in
any mine in South Dakota it shall be the duty of the owner,
lessor, lessee, agent or superintendent thereof to immediately and
by the quickest means, notify the inspector of mines; and upon
rceiving such notice the inspector in person shall at once repair
to the place of accident and investigate fully the cause of such
accident; and whenever possible to do so the inspector shall be
present at the coroner’s inquest held over the remains of the
person or persons killed by such accident, and shall testify as to
the cause thereof, and shall state whether in his opinion the acci­
dent was due to the negligence or mismanagement of the lessor,
lessee, owner or agent of such mine, or the manager, superintend­
ent or other persons in charge. If the inspector can not be
immediately present in case of a fatal or serious accident occur­
ring, it shall be the duty of the superintendent, owners or persons
in charge of the mine to have written statements made by those
witnessing the same and duly sworn to* In case of no person
being present at the time of the accident, then the statement of
those first present shall be taken which statement shall be sworn
to before some person qualified to administer oaths; and such
sworn statements shall be placed in the hands of the inspector
upon the demand of that officer.
Penalty.
S ec . 144. Any owner, lessor, lessee or agent of any mine who
shall fail to comply with the provisions of the preceding section
shall be guilty of a misdemeanor, and upon conviction thereof
shall be punished by a fine not exceeding one thousand dollars,
and not less than two hundred dollars,
f E“ Ployment S ec . 145. All corporations or individuals working mines in
o
n*
South Dakota who shall employ, or permit to be employed, in
such mines any children under fourteen years of age shall be
deemed guilty of a misdemeanor and on conviction thereof shall
be punished by a fine not exceeding one thousand dollars.
Annual r e - S ec . 147. The inspector of mines shall make a report to the govP°rt*
ernor of South Dakota on the fifteenth day of November of each
year, and said report shall enumerate all accidents that have oc­
curred in the mines of South Dakota, which have occasioned seri­
ous injury or resulted fatally to persons employed therein, to­
gether with the nature and cause of such accident. Said report
shall also contain statistical and other information which may
tend to promote the development of the mineral resources of South
D akota; and shall generally set forth the result of the inspector’s
labors for the year. Such report shall be printed as are the re­
ports of other State officers.
Protection of employees as voters—Time to vote.
Two hours to

a owea*

S e c t io n 1924. Any person entitled to vote at any election held
within this State shall, on the day of 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




LABOR LAW S---- S O U T H DAKOTA---- REVISED CODES---- 1903.

2011

time of opening and tlie time of closing tlie polls, and sncli voter
shall not because of so absenting himself be liable to any penalty,
nor shall any deduction be made on account of such absence from
his usual salary or wages: Provided, however, That application
shall be made for such leave of absence prior to the day of elec­
tion. The employer may specify the hours during which such
employee may absent himself as aforesaid. Any person or corpo­
ration who shall refuse to an employee the privilege hereby con­
ferred, or who shall subject an employee to a penalty or reduction
of wages because of the exercise of such privilege, or who shall
directly or indirectly violate the provisions of this section, shall
be guilty of a misdemeanor.
Mine regulations—Safety apparatus.
S e c t io n 2581. It shall be unlawful for any person to sink or safety cages,
work through any vertical or inclined shaft, where mining cages etc.
are used, at a greater depth than two hundred feet unless the said
shaft is provided with an iron bonneted safety cage, to be used in
lowering and hoisting employees or any other persons into or from
such shaft. The safety apparatus, whether consisting of eccen­
trics, springs or other devices, must be securely fastened to the
cage and be of sufficient strength to hold the cage loaded at any
depth to which the shaft may be sunk. The iron bonnet must be
made of boiler sheet iron of good quality, at least three-sixteenths
of an inch in thickness, and must cover the top of the cage in
such manner as to afford the greatest protection to life and limb
from any debris or anything falling down the sh a ft
Sec. 2582. Every person or corporation failing to comply with Penalty,
the provisions of the preceding section is punishable by a fine not
exceeding one thousand dollars.

Exhaust fans, etc., in smelting and reducing works.
S e c t io n 2583. Any person or persons, corporations or companies
Gases, etc.,
operating smelters or dry crushing reduction works are hereby to be removed*
required to put in their respective works exhaust fans and dust
chambers or some other contrivance for the removal of all gases,
fumes, dust and other impurities that accumulate, at all times in
the operation of such works.
S ec . 2584. Any person or persons, corporations or companies Penalty,
that shall fail to provide all reasonable safeguards for the protec­
tion of life and health of their employees by not putting in their
respective works such appliances as provided in the preceding sec­
tion shall be guilty of a misdemeanor and upon conviction thereof
shall be fined in a sum not exceeding one thousand dollars nor less
than five hundred dollars for each offense.
S ec . 2585. Proof of the failure of any such person or persons,
Evidence,
corporation or company to comply with the provisions of section
2584 shall be prima facie evidence of negligence on the part of
any person or persons, corporation or company.
S ec . 2586. The State mine inspector is hereby empowered and Enforcement,
compelled to visit such works at least once every month to see
that the provisions of section 2583 are enforced.

Bale of intoxicants to employees—Employment of minors in barrooms.
S ec t io n 2844 (as amended by chapter 165, Acts of 1903). It
Sale to emshall not be lawful for any person to sell, furnish or give away fo%ie en f y
|a
any spirituous, malt, brewed, fermented or vinous liquors * * *
to any person when forbidden in writing so to do by the * * *
employer of such person, * * * it shall also be unlawful for E m p l o y i n g
any person to whom any license may be granted to employ a n y mmors*
person under twenty-one (21) years of age as a bartender or in
any other capacity in connection with the place or room where
intoxicating liquors are sold.




2012

BULLETIN OP THE BUREAU OF LABOR STATISTICS.
Inspection and regulation of factories, etc.—Doors to open out­
ward—Fire escapes.

Doors to open S ec t io n 3163. All doors of ingress or egress in all public buildoutward.
ings used for public assemblages of any character in this State,

including * * * factories, hotels and all other buildings
wherein numbers of persons are employed or are in the habit of
meeting together for any purpose, shall be so constructed as to
open and swing outward, and doorways shall not be less than four
feet in width with proper landings, and stairways of at least
equal width. * * *
Misdemeanor.
S ec . 3164. Any person or persons failing to comply with the pro­
visions of section 3163 or who shall build, maintain, or permit to
be used, any such building contrary to the provisions of section
3163 shall be deemed guilty of a misdemeanor.
F ire escapes.
Sec. 3165. All factories, * * * which are two or more stories
in height, shall be provided by the owners thereof with two or
more fire escapes, placed within easy access of the occupants of
said building.
Civil Code.
Earnings of minors.
Wages may
S ec tio n 124. The wages of a minor employed in service may be
norf*wiien! m1’ paid to him or her until the parent or guardian entitled thereto

gives the employer notice that he claims such wages.
Employment of labor—General provisions.
Definition of
S ec t io n 1447. The contract of employment is a contract by
contract.
which one, who is called the employer, engages another, who is

called the employee, to do something for the benefit of the em­
ployer, or of a third person.
Employee to S ec . 1448. An employer must indemnify his employee, except as
whend6m
prescribed in the next section, for all that he necessarily expends
or loses in direct consequence of the discharge of his duties as
such, or of his obedience to the directions of the employer, even
though unlawful, unless the employee, at the time of obeying such
directions, believed them to be unlawful.
Ordinary
S ec . 1449. An employer is not bound to indemnify his employee
risks.
for losses suffered by the latter in consequence of the ordinary
risks of the business in which he is employed, nor in consequence
of the negligence of another person employed by the same em­
ployer in the same general business, unless he has neglected to
use ordinary care in the selection of the culpable employee.
W ant of care.
S ec . 1450. An employer must in all cases indemnity his em­
ployee for losses caused by the former’s want of ordinary care.
These sections (1449 and 1450) are an enactm ent of the common law
and do not change the rule as to the liability of employers. 8 Dak. 38.
Service withS ec . 1451. One who, without consideration, undertakes to do a
out considera- service for another, is not bound to perform the same, but if he

n*

actually enters upon its performance he must .use at least slight
care and diligence therein.
Employment
gEC 1452. One who, by his own special request, induces another
on reques .
^ | ntrugt
with the performance of a service, must perform
the same fully. In other cases one who undertakes a gratuitous
service may relinquish it at any time.
Accepting
Sec. 1453. A gratuitous employee who accepts a written power
w ritten power 0f attorney, must act under it so long as it remains in force, or
of attorney.
Unt u h e gives notice to his employer that he will not do so.
Service f o r
S ec . 1454. One who, for a good consideration, agrees to.serve
consideration, another, must perform the service, and must use ordinary care
and diligence therein, so long as he is thus employed.
Service for gEC. 1455. One who is employed at his own request to do that
vantage.
which is more for his own advantage than for that of his em­
ployer, must use great care and diligence therein to protect the
interest of the latter.



LABOR LAWS— SOUTH DAKOTA— REVISED CODES— 1903.

2013

S ec . 1456. A contract to render personal service, other than a Lim it of term
contract of apprenticeship, * * * can not be enforced against contract,
the employee beyond the term of two years from the commence­
ment of service under it, but if the employee voluntarily continues
his services under it beyond that time, the contract may be re­
ferred to as affording a presumptive measure of the compensation.
S ec . 1457. An employee must substantially comply with all the Obedience to
directions of his employer concerning the service on which he is orders,
engaged, even though contrary to the provisions of this title, ex­
cept where such obedience is impossible, or unlawful, or would
impose new and unreasonable burdens upon the employee, or in
case of an emergency, which, according to the best information
which the employee can with reasonable diligence obtain, the em­
ployer did not contemplate, in which he can not, with reasonable
diligence, be consulted, and in which noncompliance is judged by
the employee, in good faith, and in the exercise of reasonable
discretion, to be absolutely necessary for the protection of the
employer’s interests. In all such cases the employee must conform
as nearly to the directions of his employer as may be reasonably
practicable, and most for the interest of the latter.
Sec. 1458. An employee must perform his service in conformity U s a g e of
to the usage of the place of performance, unless otherwise directed place,
by his employer, or unless it is impracticable, or manifestly inju­
rious to his employer to do so.
Sec. 1459. An employee is bound to exercise a reasonable degree D e g r e e of
of of [sic] skill, unless his employer has notice, before e m p l o y i n g skill,
him, of his want of skill.
S ec . 1460. 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 . 1461. Everything which an employee acquires by virtue of ^ e m p i^ v e e s 18
his employment, except the compensation, if any, which is due to
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.
S ec . 1462. An employee must, on demand, render to his em- Accounts,
ployer just accounts of 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 re­
ceives for his account.
Sec. 1463. An employee who receives anything on account of his G o o d s re­
employer, in any capacity other than that of a mere servant, is £!ideduiS?iy denot bound to deliver it to him until demanded, and is not at liberty mand. 1
to send it to him from a distance without demand, in any mode
involving greater risk than its retention by the employee himself.
S ec . 14164. An employee who has any business to transact on h is t, ? sine°syse i to
own account, similar to that intrusted to him by his employer, h a v e prefermust always give the latter the preference. If intrusted with ence.
similar affairs by different employers, he must give them prefer­
ence according to their relative urgency, or other things being
equal, according to the order in which they were committed to
him.
S ec . 1465. An employee who is expressly authorized to employ Substitutes,
a substitute is liable to his principal only for want of ordinary
care in his selection. The substitute is directly responsible to the
principal.
S ec . 1466. An employee who is guilty of a culpable degree of Culpable negnegligence is liable to has employer for the damage thereby caused Hgence.
to the latter; and the employer is liable to him, if the service is
not gratuitous, for the value of such services only as are properly
rendered.
S ec . 1467. Where service is to be rendered by two or more per- Survivor of
sons jointly, and one of them dies, the survivor must act alone if
emPi°ythe service to be rendered is such as he can rightfully perform
without the aid of the deceased person, but not otherwise.




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B U L L E T IN OF T H E BUR EAU OF LABOR STATISTICS.

Term ination
S ec . 1469. Every employment in which the power of the emD employment. pi0yee
f
not coupled with an interest in its subject, is terminated
by notice to him of:
1. The death of the employer; or
2. H is legal incapacity to contract.
Every employment is terminated:
1. By the expiration of its appointed term.
2. By the extinction of its subject.
3. By the death of the employee; or,
4. By his legal incapacity to act as such.
C ontinuance
Sec. 1470. An employee, unless the term of his service has ex"afternSeath<of Pire<i> or unless he has a right to discontinue it at any time, withB
empioyer.
out notice, must continue his service after notice of the death or
incapacity of his employer, so far as is necessary to protect from
serious injury the interests of the employer’s successor in inter­
est, until a reasonable time after notice of the facts has been com­
municated to such successor. The successor must compensate the
employee for such service, according to the terms of the contract
of employment.
Termination S ec. 1471. An employment having no specified term may be
at will.
terminated at the will of either party on notice to the other, ex­
cept where otherwise provided by this title.
Br e a c h of Sec. 1472. An employment, even for a specified term, may be
dIu t y . l>y em”terminated at any time by the employer, in case of any willful
p oyee ,
breach of duty by the employee, in the course of his employment,
or in case of his habitual neglect of duty, or continued incapacity
to perform it.
By employer.
Sec. 1473. An employment, even for a specified term, may be
terminated by the employee at any time, in case of any w illful or
permanent breach of the obligations of his employer to him as an
employee.
Forfeiture of Sec. 1474. An employee, dismissed by his employer for good
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
Sec. 1475. An employee who quits the service of his employer
compensation. for g00(j cause, is 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.
Sec. 1476. A servant is one who is employed to render personal
service to his employer, otherwise than in the pursuit of an inde­
pendent calling, and who in such service remains entirely under
the control and direction of the latter, who is called his master.
Measure o< Sec. 1477. A servant is presumed to have been hired for such
term of serv- length of time as the parties adopt for the estimation of wages.
ce*
A hiring at a yearly rate is presumed to be for one y ea r; a hiring
at a daily rate, for one d a y ; a hiring by piecework, for no specified
term.
Monthly term
Sec. 147S. In the absence of any agreement or custom as to the
presumed.
rate or value of wages, the term of service or the time of pay­
ment, 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.
^Renewal of gE # 1479, Where, after the expiration of an agreement respectC
sume^when! "
the wages and the term of service, the parties continue the
relation of master and servant, they are presumed to have re­
newed the agreement for the same wages and term of service.
S e r v a n t ’s
S ec . 1480. The entire time of a domestic servant belongs to the
time.
master; and the time of other servants to such an extent as is
usual in the business in which they serve, not exceeding in any
case ten hours in the day.
Delivery of Sec. 1481. A servant must deliver to his master, as soon as with
ceived
V ~reasonable diligence he can find him, everything that he receives
&
for his account, without demand; but he is not bound, without
orders from his master, to send anything to him through another
person.




LABOR LAWS----SOUTH DAKOTA----REVISED CODES--- 1903.

2015

S ec . 1482. A master may discharge any servant, other than an Discharge for
apprentice, whether engaged for a fixed term or n o t:
cause.
1. If he is guilty of misconduct in the course of his service, or
of gross immorality, though unconnected with the same; or,
2. If, being employed about the person of the master, or in a
confidential position, the master discovers that he has been guilty
of misconduct before or after the commencement of his service, oi
such a nature that, if the master had known or contemplated it,
he would not have so employed him.
S ec . 1525. One who officiously, and without the consent of the Service withreal or apparent owner of a thing, takes it into his possession, for S^nt. emp y'
the purpose of rendering a service about it, must complete such
service 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.
C ode

of

C iv il P rocedure .

Wages as preferred claims—-In executions.
S ection 361 (as amended by chapter 150, Acts of 19 1 1 ). NothSuits
ing in this chapter shall be so construed as to exempt any personal wa#esproperty from mesne or final process for laborers or mechanics
wages * * * except property absolutely exempt; * * *

for

Exemption of wages from execution, etc.
S ection 403. The judge may order any property of the judgment
debtor, not exempt from execution, in the hands either of himself
or any other person, or due the judgment debtor, to be applied
towards the satisfaction of the judgment; except that the earn­
ings of the debtor for his personal services, at any time within
sixty days next preceding the order, can not be so applied when it
is made to appear by the debtor’s affidavit or otherwise, that such
earnings are necessary for the use of a family supported wholly
or partly by his labor.

Sixty

days*
exempt,

P robate C ode .

Wages as preferred claims—In administration.
S ec t io n 291. All demands against the estate of any deceased Order of payperson must be paid in the following order:
Sands.
1. Funeral expenses.
2. The expenses of last sickness.
3. The expenses of administration.
4. Any debts that may be due by decedent personally to serv­
ants and employees for services rendered within the sixty days
next preceding his death.
4e

*

*

*

*

J u s t ic e s ’ C ode.

Exemption of wages from attachment—'Nonresidents.
S ec t io n 41. Whenever in any proceedings in any court of this
Law of State
State to subject the wages due to any person to attachment it shall contro?sidence
appear that such person is a nonresident of the State of South
Dakota, that the wages earned by him were earned and payable
outside of the State of South Dakota, the said person whose wages
are so sought to be subjected to attachment shall be allowed the
same exemption as is at the time allowed to him by the law of
the State in which he so resides.




2016

B U L L E T IN OF TH E BUR EAU OF LABOR STATISTICS.
P enal Coje .

Sunday labor.
Day defined.

S e c tio n 41. Under the term “ day ” as employed in the phrase,
“ first day of the week,” in the seven sections following, is in­
cluded all the time from midnight to midnight.
Class of acts.
S ec . 42. The following are the acts forbidden to be done on the
first day of the week, the doing any of which is Sabbath breaking:
1. Servile labor.
2. Public sports.
3. Trades, manufactures and mechanical employments.
4. Public traffic.
5. Serving process.
Servile labor.
gE # 43. All manner of servile labor on the first day of the week
C
is prohibited, excepting works of necessity or charity.
Defense.
Sec. 44. It is a sufficient defense in proceedings for servile labor
on the first day of the week, to show that the accused uniformly
keeps another day of the week as holy time, and does not labor
upon that day, and that the labor complained of was done in such
manner as not to interrupt or disturb other persons in observing
the first day of the week as holy time.
M anufactures,
S ec. 46. All trades, manufactures and mechanical employments
e c*
upon the first day of the week, are prohibited.
Penalty.
g EC 49 (as amended by chapter 206, Acts of 19 0 3 ). Every per­
>
son guilty of Sabbath breaking is punishable by a fine of not more
than ten dollars for each offense.

Protection of employees as voters.
Attem pting to
m uence vote.

Forfeiture,
Penalties.

S e c tio n 62. It shall not be lawful for any employer in paying

employees the salary or wages due them, to inclose their pay
in “ pay envelopes” upon which there is written or printed any
political mottoes, devices or arguments, containing threats, ex­
press or implied, intended or calculated to influence the political
opinions or actions of such employees. Nor shall it be lawful for
any employer within ninety days of a general election, to put up
or otherwise exhibit in his factory, mill, workshop or other estab­
lishment or place where his employees may be working, any hand­
bill or placard containing any threat, notice or information, that
in case any particular ticket or candidate shall be elected work in
his place or establishment will cease in whole or in part, or that
his establishment will be closed up, or the wages of his workmen
will be reduced, or other threats, express or implied, intended or
calculated to influence the political opinion or the actions of his
employees in voting. This section shall apply to corporations as
well as to individuals. Any person or corporation violating the
provisions of this section shall be guilty of a misdemeanor. Any
corporation violating the provisions of this section shall, upon
proof thereof, forfeit its charter.
Sec. 64. Whoever shall violate any of the preceding provisions
of this chapter shall, upon conviction thereof, be punished by im­
prisonment in the county jail for not less than three months nor
more than one year. * * *
Negligence of employees on steamboats, eto.

on steanfboats** S ection 261. Every captain or other person having charge of
’ any steamboat used for the conveyance of passengers, or of the
boilers or engines thereof, who from ignorance or gross neglect,
or for the purpose of excelling any other boat in speed, creates
or allows to be created, such an undue quantity of steam as to
burst or break the boiler or other apparatus in which it shall be
generated, or any apparatus or machinery connected therewith,
by which bursting or breaking any person is killed, is deemed
guilty of manslaughter in the second degree.



LABOR LAWS— SOUTH DAKOTA— REVISED CODES----1903.

2017

Sec. 262. Every engineer, or other person having charge of any in factories,
steam boiler, steam engine or other apparatus for generating o r etc*
employing steam, employed in any manufactory, railway or other
mechanical works, who w illfully or from ignorance or gross neg­
lect creates, or allows to be created, such an undue quantity of
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 guilty of manslaughter in the second degree.
S ec. 418. Every captain or other person having charge of any
Endangering
steamboat used for the conveyance of passengers, or of the boilers
steam‘
and engines thereof, who, from ignorance or gross neglect, or for
’
the purpose of excelling any other boat in speed, creates or allows
to be created such an undue quantity of steam as to burst or
break the boiler or other apparatus in which it shall be generated,
or any apparatus or machinery connected therewith, by which
bursting or breaking, human life is endangered, is guilty of a mis­
demeanor.
Sec. 419. Every engineer or other person having charge of any in factories,
steam boiler, steam engine, or other apparatus for generating or
employing steam, employed in any manufactory, railway or other
mechanical works, who w illfully or from ignorance or gross neg­
lect, creates or allows to be created such an undue quantity of
steam as to burst or break the boiler or engine or apparatus, or
cause any other accident whereby human life is endangered, is
guilty of a misdemeanor.
Negligence, intoxication, etc., of employees on railroads.
S e c t io n 478. Every person who, while in charge, as engineer, in to x ic atio n
of a locomotive engine, or while acting as conductor or driver of en§meer»etcupon a railroad train or car, whether propelled by steam or drawn
by horses, is intoxicated, is guilty of a misdemeanor.
S e c . 479. Every engineer, conductor, brakeman, switch tender, Negligence enor other officer, agent, or servant of any railroad company, who is dangering life,
guilty of any w illful violation or omission of his duty as such offi­
cer, agent or servant, by which human life or safety is endan­
gered, the punishment for which is not otherwise prescribed, is
guilty of a misdemeanor.

Intim idation of employers and employees.
S ection 757. Every person who, by any use of force, threats or I n te r fe r in g
intimidation, prevents or endeavors to prevent any hired foreman,
employ"
journeyman, apprentice, workman, laborer, servant or other per­
son employed by another from continuing or performing his work,
or from accepting any new work or employment, or to induce such
hired person to relinquish his work or employment, or to return
any work he has in hand before it is finished, is guilty of a misde­
meanor.
S ec. 758. Every person who, by any use of force, threats or Threatening
intimidation, prevents or endeavors to prevent another from em -€mployers*
ploying any person, or to compel another to employ any person,
or to force or induce another to alter his mode of carrying on busi­
ness, or to limit or increase the number of his hired foremen, jour­
neymen, apprentices, workmen, laborers, servants or other persons
employed by him, or their rate of wages or time of service, is
guilty of a misdemeanor.
S ec . 759. In all cases where two or more persons
* * *
4 ®* 1 n 8
shall enter upon or into any lode, gulch, placer claim or quartz
’
mill or other mining property, or, not being upon such property
but within hearing of the same, shall make any threats or make
use of any language, sign or gesture calculated to intimidate any
person or persons at work on said property from continuing work
thereon or therein, or to intimidate others from engaging to work
thereon or therein, every such person so offending, shall, upon con­
viction, be punished by imprisonment in the county jail not ex­
ceeding six months and not less than thirty days, and by a fine
39387°—Bull. 148, pt 2—14------51




2018

BULLETIN OF THE BUBEAU OF LABOE STATISTICS.

Evidence.

not exceeding two hundred and fifty dollars, such fine to be dis­
charged either by payment or by confinement in such jail until
such fine is discharged at the rate of two dollars and fifty cents
per day. On trials under this section, proof of a common purpose
of two or more persons * * * to intimidate laborers as above
set forth, accompanied or followed by any of the acts above speci­
fied, by any of them, shall be sufficient evidence to convict any
one committing such acts, although the parties may not be asso­
ciated together at the time of committing the same.
ACTS OF 1903.
C h apter 179.—Mine regulations.

Ladderways.

Violation.

S ection 1. In all mining shafts fifty feet or more in depth con­
taining two or more compartments ladder ways shall be con­
structed in a compartment separate from the compartment in
which the cage or bucket runs, and platforms shall be built for
landings at every twelve feet, with inclined ladders between said
platforms.
Sec. 2. Any person violating the provisions of this law shall
be deemed guilty of a misdemeanor, the same to be prosecuted as
are other violations of the laws of this S ta te; and upon conviction
thereof the offender shall be fined not less than one hundred dol­
lars nor more than three hundred dollars, and imprisoned not
exceeding three months for each offense, in the judgment of the
court or magistrate who tries the case.
C hapter 181.—Mine regulations.

Code
scribed.

pre­

Signals.




S ection 1. At all mines where hoisting apparatus is operated
in the State of South Dakota, the following code of bell signals
shall hereafter be adopted and used :
Sec. 2. One bell, hoist; one bell, stop, (if in motion.)
Two bells, lower m en; three bells, hoist men.
Four bells, blasting signal. Engineer must answer by raising
bucket or cage a few feet and letting it back slowly; then one
bell, hoist men away from blast.
Five bells, steam on; six bells, steam off.
Seven bells, air o n ; eight bells, air off.
Three-two-two-bells, send down tools.
Nine bells, danger signal (fire, accident or other danger). Then
ring number of station where danger exists. No person shall ring
any signal bell except the station tender, except in case of danger
or when the main shaft is being sunk.
Engineers must slow up when passing stations when men are
on the cage or bucket.
Station bells.
Bells.

Pause.

Bells.

No. of
station.

Bells.

Pause.

Bells.

No. of
station.

2
2
2
2
2
3
3
3
3
3

Pause__
Pause__
Pause__
Pause__
Pause__
Pause__
Pause__
Pause__
Pause....
Pause_
_

1
2
3
4
5
1
2
3
4
5

1
2
3
4

4
4
4
4
4
5
5
5
5
5

Pause_
_
_
Pause_
Pause__
Pause__
Pause__
Pause__
Pause__
Pause__
Pause__
Pause__

1
2
3
4
5
1
2
3
4
5

11
.32
~13

5

6
7
8
9
10

11
15

16
17
18
19
20

If cage is wanted ring station signal. Station tender will re­
spond in person.
If station is full of ore and station tender is wanted ring station
signal.

LABOR LAWS----SOUTH DAKOTA----ACTS OF 1903.
One copy of this code shall be posted on the gallows frame an^
one before the engineer.
S ec . 3. Any person violating the provisions of this law shall be
deemed guilty of a misdemeanor, the same to be prosecuted as are
other violations of the laws of this State, and upon conviction
thereof the offender shall be fined not less than one hundred dol­
lars nor more than three hundred dollars, and imprisoned not
exceeding three months for each offense, in the judgment of the
court or magistrate who tries the case.

2019
Violations.

ACTS OF 1907.
C h a p t e r 135.—Employment of children—Age lim it.
S e c t io n 150. No child under the age of fifteen years shall be em­

ployed, permitted or suffered to work at any gainful occupation
in any mine, hotel, laundry, manufacturing establishment, fac­
tory, passenger or freight elevator [,] bowling alley, or in any
saloon, theater, concert hall or place of amusement where in­
toxicating liquors are sold, or as messenger or driver thereof,
or in any other manner in work performed for wages or other
compensation, to whomsoever payable, during any portion of any
month during the hours when the public schools of any district
in which he or she resides are in session.
Every owner, superintendent or overseer of any mine, factory,
workshop, mercantile establishment, or any other person who shall
employ any child under fifteen years of age contrary to the pro­
visions o f this article shall be deemed guilty of a misdemeanor,
and for every offense shall upon conviction thereof be fined not
less than $10 nor more than $50 and costs.
Any person having the control of a child or who -may have
children in his employ, who with the intent to evade the provi­
sions of this article shall make a w illfully false statement con­
cerning the age of such child or in regard to facts covered by
any other provision of this article, shall for such an offense be
fined in any sum not less than $10 nor more than $50 for the
use of the public school corporation.

Age limit.

Violations.

C h a p t e b 220.—S ours of labor of employees on raVroads.
S ec t io n 1. No common carrier, nor any officer nor agent thereof,

Lim it of six­

shall require or permit any employee engaged in or connected with teen hours.
the movement of any train to remain on duty more than sixteen
consecutive hours, or require or permit any such employee who has
been on duty sixteen consecutive hours to go on duty without
having had at least ten hours off duty, or require or permit any
such employee who has been on duty sixteen hours in the aggregate
in any twenty-four hour period to continue on duty or to go on
duty without having had at least eight hours off without duty
within such twenty-four hour period.
S ec . 2. In any prosecution for a violation of the preceding sec­ Defense.
tion, it shall be a sufficient defense to show that the employee was
prevented from reaching his terminal by any casualty occurring
before he started on his trip, or by accident or unexpected delay
of trains scheduled to make connections with the train on which
such employee was serving.
S ec . 3. Any common carrier and any officer or agent thereof Violations.
violating any of the provisions of section one of this act shall,
upon conviction thereof, be punished by a fine of not less than
$100 or more than $1,000.
Sec. 4. The board of railroad commissioners shall fully in­ Enforcement.
vestigate all cases of violation of this act, and for that purpose
may subpoena witnesses, administer oaths, interrogate witnesses,
take testimony and require the production of books and papers
either within or without the State, and shall lodge with the proper
State’s attorneys information of such violations as may come to its
knowledge.
Sec. 5. The provisions of this act shall not be applied to relief Exemptions.
or wreck trains.



2020

BULLETIN OP THE BUREAU OF LABOR STATISTICS.
ACTS OF 1909.
C hapter 27.—Railroads—Safety appliances—Headlights on loco­

motives.
H e a d lights
S ection 1. It shall be the duty of every railroad corporation
required.
or receivers or lessee thereof operating a line of railroad in

this State, within four months after the passage of this act to
equip all locomotive engines used in the transportation of pas­
senger trains over said railroad with electric headlights of not
less than fifteen hundred candlepower, measured without the
aid of a reflector, or with other headlights of not less than fifteen
hundred candlepower, measured without the aid of a reflector.
Enforcement.
S ec. 2. The railroad commissioners of the State of South Da­
kota are hereby authorized and it shall be their duty to order
headlights of such candlepower as they may deem necessary on
all locomotive engines used in the transportation of trains other
than passenger trains in the State of South Dakota, giving rail­
road companies a reasonable time in which to comply with the
order: Provided, That such time shall not exceed nine months
after such order is made.
Violations.
Sec. 3. Any railroad company or the receiver or lessee thereof
operating any line of railroad in the State of South Dakota
which shall violate the provisions of this act or shall refuse
to comply with the order of railroad commissioners as pro­
vided for in section two of this act, shall be liable to the State
of South Dakota for a penalty of not less than one hundred dol­
lars, nor more than one thousand dollars, for each offense, and
such penalties shall be recovered and suit brought in the name of
the State of South Dakota in a court of proper jurisdiction by
the attorney general or the State’s attorney of any county in or
through which such line of railway may be operated.
C hapter 75.—Accidents on railroads—Reports and investigations.
Reports

re-

S ection 1. It shall be the duty of every railroad company oper­
ating a line of railroad in this State to report all accidents,
wrecks or casualties occurring in this State to the board of rail­
road commissioners. This is intended to include all accidents,
wrecks or casualties occurring in the operation of trains or en­
gines on said line or lines of railway within this State, and all
other accidents or casualties of whatever nature as may be re­
quired under rules adopted by the board. Any reports to said
board herein required shall not be for public inspection. All
accidents or wrecks occurring in the operation of trains or engines
involving loss of life or personal injury, shall be immediately
reported to the secretary of the board by telegraph or telephone
message, and the company shall forthwith send a written report
in detail giving full particulars available in such form as the
board may require. All other accidents, including accidents re­
sulting in personal injury or death, other than train accidents,
shall be reported to the board on the first day of each month
covering the preceding month.
I n v e s t lg a Sec. 2. Whenever any report is made to the board involving a
tions.
wreck, accident or casualty, and the board deems it necessary,
it shall forthwith examine into the causes and circumstances of
the same, and it shall thereupon be the duty of the board to order
such railroad company to comply with any reasonable require­
ment prescribed by the board, calculated to prevent the recurrence
of any such wreck, accident or casualty.
Violations.
Sec. 3. Every person or corporation who shall violate any of
the provisions of this act shall be guilty of a misdemeanor and
shall be punished by a fine of not less than one hundred dollars
( $100) nor more than one thousand dollars ($1,000), or imprison­
ment in .the county jail for not less than thirty (30) days nor more
than one (1) year, or shall suffer both scuh [such] fine and im­
prisonment in the discretion of the court.




LABOR LAWS----SOUTH DAKOTA----ACTS OF 1900.

2021

C h a p t e r 117.—L iability of employers for injuries to employees.
S ec t io n 1. In any suit for damages against a corporation or Assumption of
receiver operating a railroad for the death or personal injury of risks*
an employee or servant caused by the wrong or negligence of
such corporation or receiver, the plea of assumed risk of the
deceased or injured employee, when the ground of the plea is
knowledge or means of knowledge of the defect and danger which
caused injury or death, shall not be available in the following
case: Where such employee had an opportunity before being in­
jured or killed to inform the employer or a superior intrusted
by the employer with the authority to remedy or cause to be reme­
died the defect, and did notify or cause to be notified the employer
or superior thereof within a reasonable time: Provided, It shall
not be necessary to give such information when the employer or
such superior thereof already knows of the defect.
C h a p t e r 212.—Railroads—Safety appliances.
S e c t io n 1. It shall be the duty of every railway corporation Switch lights
operating any line of railway in the State of South Dakota, within re<iuiredthree months after the passage of this act, to place good and
sufficient switch lights on all their main-line switches connected
with the main line, and to keep the same lighted from dark until
daylight: Provided, That such lights shall be required only on
such main line switches over which trains shall be operated be­
tween sunset and sunrise.
S ec . 2. Any railway corporation which shall willfully violate Violations,
the provisions of this act shall be liable to the State of South
Dakota for a penalty of not less than one hundred dollars or
more than one thousand dollars for each offense, and such penalty
shall be recovered and suits therefor be brought by the attorney
general or by the State’s attorney of any county in or through
which such line of railway may be operated.

ACTS OF 1911.
C h a p t e r 206.—L iability of railroad companies for injuries to

employees.
S e c t io n 1. Every common carrier by railroad while engaging in
Liability,
trade or commerce in the State of South Dakota, shall be liable
in damages to any person suffering injury while he is employed by
such carrier in such commerce, or, in case of the death of such
employee, to his or her personal representative, for the benefit of
the surviving widow or husband and children of such employee;
and, if none, then of such employee’s parents; and, if none, then
to the next of kin dependent upon such employee, for such injury Acts of felor death resulting in whole or in part from the negligence of any ow servan s*
of the officers, agents, or employees of such carrier or by reason of
any defects or insufficiency, due to its negligence, in its cars, D e f e c t i v e
engines, appliances, machinery, track, roadbed, works, boats, fiances
ap
wharves, or other equipment: Provided, however, That nothing in
this act shall be held to apply to any common carrier by railroad Scope of law.
while engaging in commerce between any of the several States and
Territories, or between any of the States and Territories, or be­
tween the District of Columbia and any of the States or Terri­
tories or between the District of Columbia or any of the States
and Territories and any foreign nation or nations: And provided
further, That the provisions of this act shall apply and extend to
every common carrier by railroad while engaging in intrastate
commerce as distinguished from interstate commerce.
S ec . 2. In all actions hereafter brought against any such com- Negligence to
mon carrier by railroad under or by virtue of any of the provisions be measured,
of this act to recover damages for any personal injury to an em­
ployee or where such injuries have resulted in his death, the fact
that the employee may have been guilty of contributory negligence




2022

BULLETIN OF THfl BUREAU OF LABOR STATISTICS.

shall not bar recovery, but the damages shall be diminished by
the jury in proportion to the amount of negligence attributed to
such employee: 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 common carrier
of any statute enacted for the safety of employees contributed to
the death or injury of such employee.
Right of ac­ Sec. 3. Any right of action given by this act to a person suffer­
tion survives.
ing injury shall survive to his or her personal representative for
the benefit of the surviving widow or husband and children of such
employee; and, if none, then of such employee’s parents; and, if
none, then to the next of kin dependent upon such employee but in
such cases there shall be only one recovery for the same injury or
death.
Risks n o t as­
Sec. 4. In any action brought against any common carrier by
sumed, when.
railroad under or by virtue of any provisions of this act to recover
damages for injuries to, or to [for] the death of, any of its em­
ployees, such employees shall not be held to have assumed the risk
of his employment in any case where the violation by such com­
mon carrier of any statute enacted for the safety of employees
contributed to the injury or death of such employee.
C ontracts of Sec. 5. Any contract, rule, regulation or device whatsoever, the
waiver.
purpose or intent of which shall be to enable any common carrier
by railroad to exempt itself from any liability created by this act,
shall to that extent be void : Provided, That in any action brought
Set-offs.
against any such common carrier under or by virtue of any of the
provisions of this act such common carrier may set off therein any
sum it has contributed or 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 was brought.
Limitation.
Sec. 6. No action shall be maintained under this act unless com­
menced within two years from the day the cause of action accrued.
Sec. 7. The term “ common carrier ” as used in this act shall in­
Definition.
clude the receiver or receivers or other persons or corporations
charged with the duty of the management and operation of the
business of a common carrier by railroads.
C h apter 208.—Railroads— Construction, etc., of caboose cars.
D im en sio n s
S ection 1. It shall be unlawful, except as otherwise provided
and equipment. in this act for any common carrier by railroad to use on its lines

in this State, 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 of the platforms and equipped with two fourwheel trucks, and said caboose car or other car shall be of con­
structive strength equal to that of the sixty-thousand-pound
capacity freight cars constructed according to M. C. B. standards
and shall be provided with a door in each end thereof and an out­
side platform across each end of said ca r; each platform shall not
be less than twenty-four inches in width and shall be equipped
with proper guardrails, and with grab irons and steps for the
safety of persons getting off and on said cars, said steps shall be
equipped with a suitable rod, board of [or] other guard at each
end and at the back thereof properly designed to prevent slipping
from said step, and said caboose shall be equipped with cupalo
[cupola] and necessary closets and windows.
Application.
Sec 2. The provisions of the preceding section shall not apply
to the use of any combination passenger car or passenger coach
or stockman’s sleeper used as a substitute for a caboose car on
any of the lines of railroad in this State, and the provisions of
section one relating to constructive strength shall apply only to
the body of the caboose car or other cars used, and none of the
provisions of this act shall apply to other than standard-gauge
lines of railroad in this State, nor in case of accident or casualty
in which event the train may proceed to the next division point
without violation of the provisions of this act, and the provisions



LABOR LAWS----SOUTH DAKOTA----ACTS OF 1911.

2023

of this act sliall not apply to the operation of trains employed
exclusively in original construction work on any line of railroad
in this State.
S ec . 3. The State railroad commission is hereby authorized to .. Extension of
grant to any common carrier aforesaid, upon full hearing and for m *
good cause shown, a reasonable extension of time in which to
comply with the provisions of this act: Provided, That in no
case shall such extension in the aggregate exceed a period of one
year from the taking effect of this act.
S ec . 4. Any common carrier as provided in section 1 of this act Violations,
violating any of the provisions of this act shall be deemed guilty
of a misdemeanor, and shall upon conviction thereof be fined not
less than one hundred dollars ($100) nor more than five hundred
dollars ($500) for each offense and the use of any one caboose
car or other car as prohibited by this act shall constitute a separ­
ate offense for every day or part of a day so used, * * *
C h a p t e r 213.—Railroads—Headlights on locomotives.
S ection 1. It shall be the duty of every railroad corporation or Standard re­
receiver or lessee thereof operating any line of railroad in th e quiredState of South Dakota to equip all locomotives being operated in
road service in the State of South Dakota, in the nighttime, with
a headlight of not less than 1500 candlepower measured without
the aid of a reflector, the same to be kept in good condition: Pro­
vided, That ten per cent (10%) of the said locomotives shall be
required to be equipped within sixty days after the passage and
approval of this act and an additional ten per cent (10%) to be
so equipped every thirty days thereafter until all engines operated
in the State of South Dakota in the nighttime in road service
shall be equipped according to the provisions of this act.
S ec . 2. Any railroad corporation or receiver or lessee thereof Violations,
operating any line of railroad in the State of South Dakota which
shall violate any of the provisions of this act shall be liable to
the State of South Dakota for a penalty of not less than one hun­
dred dollars ($100) or more than one thousand dollars ($1,000)
for each offense. * * *

ACTS OF 1913.
C h a p t e r 117— State bureau of information .
S e c t io n 1. There is hereby created and established a State bu- Bureau crereau of information to be conducted under the direction a n d ated*
supervision of the secretary of the State board of agriculture.
The secretary of the State board of agriculture shall be the
State commissioner of said bureau.
S ec . 2. Said bureau is established for the benefit of the public Duties,
generally for the purpose of gathering and publishing informa­
tion, pertaining to supply and demand, concerning labor, live
stock, cereals and seeds and the more important items of farm
produce, so as [to] facilitate employment, and ’guard against
waste, and foster a rural market to create an equilibrium or
check upon city markets. The purpose of State-wide free in­
formation is to vitalize the operation of the natural economic law
of supply and demand.
S ec. 3. The register of deeds in each county shall be the com- Duties of regmissioner of said bureau for the county in which he resides.
ister of deedsS ec . 4. Any person desiring employment may apply in person, A p p lication
by letter, by telephone or by any other means of communication, f ° * employto the register of deeds of any county and register as an appli- m '
cant for employment. In so doing the applicant shall advise the
register of deeds of his or her name and the other data herein­
after mentioned. It shall be the duty of the register of deeds to Record,
enter such required data in a book to be called the “ Employment
B ook9 to be in size and style to conform with the record books
9
in use in the register of deeds’ oflice, approximately containing




2024

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

400 single pages, which book shall disclose in columns, under ap­
propriate headings, the information required. The first half of
said book, or 100 double pages, shall be devoted to the entry of
employees and the last half of said book, or 100 double pages,
shall be devoted to the entry of employers; so arranged, printed
and bound that the first half of said book for the entry of em­
ployees shall contain a general heading “ Employment Wanted ”
at the top of each page followed by seventeen columns of sub­
headings across two pages of said book. The first column shall
show the “ number” of the application; the second column, the
“ name ” ; the third, the “ post office of former residence ” ; the
fourth, “ post office of present residence ” ; the fifth, “ present em­
ployment ” ; the sixth, “ former employment ” ; the seventh, “ em­
ployment desired ” ; the eighth, “ experience ” ; the ninth, “ wages
wanted ” ; the tenth, “ time when ready to begin work ” ; the
eleventh, “ a g e ” ; the twelfth, “ w eigh t” ; the thirteenth,
“ height ” ; the fourteenth, “ nationality ” ; the fifteenth, “ married
or sin gle” ; the sixteenth, “ reference” ; the seventeenth column,
“ date of registry.”
The last half of said employment book for entry of employers
shall likewise contain a general heading “ Employees W anted” at
the top of each page followed by seventeen columns of sub­
headings across two pages. The first columns shall show the
“ number” of the application; the second column the “ n am e”
of the employer; the third, “ P. O. address ” ; the fourth, “ nature
of employment ” ; the fifth, “ nationality preferred ” ; the sixth,
“ age preferred ” ; the seventh, “ married or single ” ; the eighth,
“ term of employment ” ; the ninth, “ experienced or apprentice ” ;
the tenth, “ salary offered ” by day, week or m onth; the eleventh,
with or without “ board or room ” ; the twelfth, “ employment
to begin” ; the thirteenth, “ are reference[s] required” ; the
fourteenth, “ will transportation be furnished” ; the fifteenth,
“ hours of labor ” ; the sixteenth, “ service required Sundays ” ;
the seventee[n]th column, the “ date ” of registry.
All subheadings containing more than one word shall be set
in two or more lines to make such column as narrow as practi­
cable.
A p p lic a tio n
Any person, firm or corporation desiring to employ any labor
for help.
may register with the register of deeds of any county, in person,
by letter, by telephone or by any other means of communication,
for employees wanted and it shall be the duty of the register of
deeds to enter same in the employment book. Such employer
shall give name, post-office address, the kind and nature of em­
ployment, term and wages, together with the other information
hereinbefore specified and required to be entered in the employ­
ment book.
Records.
S ec. 7. W
rhen any application under the provisions of this act
have been made to the register of deeds, it shall be the duty of
the register of deeds to at once enter such application and the
necessary information, hereinbefore specified, in the appropriate
record book in his office. He shall also forward on daily advice
sheet blanks at the close of each day’s business, by mail, a copy
of the record entries in each instance to the commissioner of the
State bureau of information.
D u t i e s of S ec. 8. It shall be the duty of the commissioner of State bureau
commissioner.
information, upon receipt of the daily advice sheets of registra­
tion from the register of deeds pertaining to labor, live stock,
cereals, seeds, etc., to number, index and file such daily advice
sheets in separate loose leaf binders. Each kind of daily advice
shall be numbered consecutively as filed in the respective binders.
A separate tabulating sheet shall be made of the contents of
each binder by simply entering the number of the daily advice
sheet in columns under headings of the respective wants. Also
to enter the name of county in the county column. The num­
ber, the name of the county of “ employees and sellers ” to be
entered in red ink, and the number and name of county of “ em­
ployers and buyers” in black ink, on the tabulating sheet, so as



LABOB LAWS— SOUTH DAKOTA— ACTS OF 1913.

2025

to readily enable bim to check the number and county as notifica­
tions are made. Upon receipt of said daily advice or registry of
an application for employment or to employ labor or to buy or
sell any of the animals, grains, seeds, vegetables or fodder here­
inbefore mentioned, it shall be the duty of the commissioner of
the State bureau of information to at once communicate by postal
card to each of two applicants who have registered and come the
nearest supplying each other’s wants in the same county or near­
est county according to the information contained in their re­
spective registrations. Registrations may be made ahead of time
for anticipated delivery within 30 days and registrations may be
renewed every sixteenth day until want is supplied.
It is the intent and meaning of this act that the commissioner
of the State bureau of information shall so conduct the bureau
that labor may find employment, employers may find laborers,
sellers may find buyers and buyers may find sellers.
S ec . 10. The records and files of such applications, both in the Records puboffice of the register of deeds and in the office of the commissioner he.
of the State bureau of information, shall during office hours be
open to the public.
S ec . 11. All books, records, blanks, postage, printed matter and
Expenses,
stationery used by the register of deeds shall be ordered by him
and paid for by the county; and all books, records, blanks, postage,
printed matter, stationery and clerical service used by the com­
missioner of the State bureau of information shall be hired and
ordered by him and paid £or by the State.
It shall be the duty of the State commissioner immediately Blanks,
upon passage and approval of this act to prepare all forms of
blanks and books necessary for the register of deeds to carry out
the provisions of this act so as to make them uniform throughout
the State and printed at the least possible expense.
It shall also be the duty of the State commissioner and he shall Additional
have power and authority:
duties.
(a) To add any new want item or commodity of general use
to any of the books herein described at any time as far as is
practical when there shall be a demand for same;
(b) To order and direct the register of deeds in the respective
counties to put in one or two additional books, needed for such
additional items or commodities at the expense of the county not
to cost to exceed twelve dollars per volume;
(c) To prepare blank forms for such books and daily advice
sheets and to alter and amend any form of book or blank herein
provided as experience shall require same to be done to make the
purpose of free State-wide information as to supply and demand
more perfect and beneficial to the people in pursuit of happiness.
S ec . 12. Any officer who shall fail or refuse to perform any of Violation,
the duties imposed upon him by this act or who shall refuse to
permit public examination of the books and records herein pro­
vided for during office hours, or any applicant who registers labor
wants not bona fide or registers as sellers of any live stock, cereals
or fodder not growing, harvested or in existence within the
State, shall be guilty of a misdemeanor and punished accordingly.
C h a p t e r 240.—Employment of women and children—Hours of

labor.
S ec t io n 1. Unless a shorter time be agreed upon, the standard Limit of ten
day’s work for women and girls and children shall not exceed ten hours,
hours in each day. Any employer or other person having con­
trol who shall compel any woman, or girl, or child under the age
of fourteen years to labor more than ten hours in any one day
shall be guilty of a misdemeanor and punishable by a fine not
to exceed one hundred dollars or by imprisonment in the county
jail for not more than thirty days or by both such fine and im­
prisonment : Provided, This section shall not apply to farm labor­
ers or to domestic servants or to persons engaged in the care of
live stock.




2026

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

O.c c u pations
S ec . 2. No child under fourteen years of age shall be employed
forbidden.
at any time in any factory or workshop or about any mine, nor

shall he or she be employed in any mercantile establishment ex­
cept during the vacation of the public schools. No child under
sixteen years of age shall be employed at any time in any such
occupation dangerous to life, health or morals, nor shall he or she
be employed for more than ten hours in any day or sixty hours in
any week, except that on Saturdays and for ten days prior to
Christmas he or she may be so employed until ten o’clock p. m.,
except as otherwise provided in section 7, of this act.
Certificate.
Sec. 3. No child under fourteen years shall be employed in
any factory, workshop, mine or mercantile establishment unless
the employer shall keep on file the certificate herein requir[e]d,
and a complete list of such employees. Such certificate shall be
executed by the county superintendent of schools, where there is
one, or by some person authorized by him in writing. It shall
state the name, date and place of birth, and the age of the
child, and that he can read at sight, and write in a legible hand,
simple English sentences; or that he is a regular attendant at
some school, or during the past twelve months has attended school
as required by law, or has been lawfully excused therefrom. At­
tendance at a private school shall be certified to by the teacher
thereof on this certificate.
Visitation.
S ec . 4. Every factory, workshop, mine, mercantile establish­
ment or other place in or in connection with which children are
engaged at labor of any kind, shall at all times be subject to
visitations by the county superintendent of schools.
Needy chil­ Sec. 5. Whenever it appears upon investigation that the labor
dren.
of a minor, who would otherwise be barred from employment
under the provisions of this act, is necessary for his . support or
that of the family to which he belongs, the county superintendent
of schools of the county, or chairman or president of the school
board or district in which he resides, may issue a permit authoriz­
ing his employment within certain hours, to be fixed therein.
Sanitation.
S ec . 6. Every factory, mill or workshop where women, girls
and children are employed, shall be kept clean and free from
effluvia arising from any sewer, drain, privy or water-closet; be
properly ventilated and provided with privies or water-closets for
the separate use of male and female employees, and at all times
kept in a sanitary condition. Whenever the labor performed is
such as to require a change of clothing, separate dressing rooms
shall be provided for the sexes.
Cleaning.
S ec . 7. The interior of every factory and workshop in this
State where women, girls and children are employed shall be
limewashed or painted at least once in every twelve months.
Every floor of any room in said factory shall be thoroughly
cleaned with soap and water at least once in two weeks and
every dressing room and water-closet in said factory shall be
thoroughly cleaned with soap and water once every week.
Violation.
S ec . 8. Every firm, person, association or corporation, and every
officer, agent or employee thereof, violating the provisions of this
act shall be guilty of a misdemeanor, and upon conviction shall
be punished by a fine of not less than ten dollars nor more than
one hundred dollars, or by imprisonment in the county jail not
more than thirty days, or both such fine and imprisonment in
the discretion of the court.
Seats.
Sec. 9. Every employer of females and children in any mer­
cantile, manufacturing, hotel, or restaurant business, and every
agent in charge of any such business, shall provide and maintain
suitable seats in the room where they work, and permit such use
thereof by them as may be necessary for the preservation of their
health.
C h a p t e r 275.—Mothers9 pensions—Aid for children.
P ro v is io n s
S ec t io n 1. For the partial support of women whose husbands
for support.
are dead or become permanently disabled for work by reasons of




physical or mental infirmity, or whose husbands are prisoners,

LABOR LAWS----SOUTH DAKOTA----ACTS OF 1913.

2027

when such women are poor and are the mothers of children under
the age of fourteen years, and such mothers and children have a
legal residence in any county of this State, the county court is
hereby authorized and empowered to and shall make an allowance
to each of such women, upon petition and notice as hereinafter
set out, as follow s: Not to exceed fifteen dollars a month, when
such women [woman] has but one child under the age of fourteen
years, and if she has more than one child under the age of
fourteen years, it shall not exceed fifteen dollars a month for the
first child and seven dollars a month for each of the other children
under the age of fourteen years. The order making such allow­
ance shall not be effective for a longer period than six months, but
upon the expiration of such period said court may from time to
time extend such allowance for a period of six months or less,
providing the court is satisfied that such order of extension is
proper.
Sec. 2. Such anowance shall be made by the county court upon Conditions.
a verified petition made by such poor woman or by some member
of the board of county commissioners of said county or by any
other charitable organization or association within such county.
Upon presentation of such petition to the court the county court
shall proceed to examine into the effects [facts] and shall make
such allowance only upon the following conditions:
1. The child or children for whose benefit the allowance is to be
made must be living with the mother of such child or children.
2. The allowance shall be made only when in the absence of
such allowance the mother would be required to work regularly
away from her home and children, and when by means of such
allowance she w ill be able to remain at home with children, ex­
cept that she may be absent not more than one day a week for
w ork; or when it is deemed and found to be absolutely necessary
for the proper care and education of said children;
3. The mother must in the judgment of the court be a proper
person'morally, physically and mentally, for the bringing up of
her child;
4. Such allowance shall in the judgment of the court be neces­
sary to save the child or children from neglect and to avoid the
breaking up of the home of such woman;
5. It must appear to be for the benefit of child to remain with
such mother;
6. A careful preliminary examination of the home of such
mother must first have been made by either the State’s attorney
or some officer of a charities organization or humane society or
such other competent person as the court may direct and a written
report of such examination filed with the court.
S ec . 3. Whenever any child shall reach the age of fourteen D is c o n tin u ­
years any allowance made to the mother of such child for the ance.
benefit of such child shall cease. The county court may in its
discretion at any time before such child reaching the age of four­
teen years discontinue or modify the allowance to any mother
and for her child.
Sec. 4. Should the fund hereinafter provided for and at the dis­ Selection.
posal of the court for this purpose be sufficient to permit an
allowance to only a part of the persons coming within the pro­
visions of this act, the county court may and shall select those
cases in most urgent need of such allowance.
Sec. 5. The provisions of this act shall not apply to any woman W i v e s o f
who while her husband is imprisoned receives sufficient of his prisoners.
wages to support the child or children.
Sec. 6. Any person or persons attempting to obtain any allow­ Violation.
ance for a person not entitled thereto shall be deemed guilty of
a misdemeanor and on conviction thereof shall be punished by a
fine of not less than five nor more than fifty dollars or by im­
prisonment in the county jail for a period not exceeding thirty
days or by both such fine and imprisonment.
S ec . 7. In each case where an allowance is made to any woman Regulations.
under the provisions of this act an entry to that effect shall be



2028

BULLETIN OP THE BUBEAU OF LABOB STATISTICS.

entered upon the records of the county court making such allow­
ance and any citizen of the county may at any time file a motion
to set aside or vacate or modify such judgment and on such
motion and upon such notice as the county court shall deem
proper the said court shall hear evidence and may make a new
order sustaining the allowance, modify or vacate the same, and
an appeal may be taken from such order to the circuit court or
supreme court as in civil actions. If the judgment be not ap­
pealed from or if the appeal be not prosecuted and the judgment
of the county court be sustained or affirmed the person filing such
motion shall pay all the costs incident to the hearing on such
motion. Such motion may be renewed from time to time but not
oftener than once in any calendar year.
Taxation to
S ec . 8. It is hereby made the duty of the county commissioners
provide funds.
to provide out of the moneys in the county treasury such sum each
year as will meet the requirements of the court and w ill pay the
allowances made by said court as herein provided. To provide
for such moneys the said county commissioners may levy a tax
not to exceed one-tenth of a mill on the valuation of the taxable
property of the county. The county treasurer shall pay such
allowances upon orders made by the judge of the county court of
such county.
C h a p t e r 299.—Railroads—False charges against employees.
False
ments.

sta te ­

Penalty.

S ectio n 1. Every person who shall by any letter, mark, sign
or designation whatever, or by any verbal statement, maliciously,
falsely and without probable cause, report to any railroad or any
other company or corporation, or to any individual or individuals,
or to any of the officers, servants, agents or employees of any
such corporation, individual or individuals, that any conductor,
brakeman, engineer, fireman, station agent or other employees of
any such railroad company, corporation, individual or individuals,
have received any money for the transportation of persons or
property, or shall falsely, maliciously and without probable cause,
report that any conductor, brakeman, engineer, fireman, station
agent or other employees of any such railroad company, cor­
poration, individual or individuals, neglected, failed or refused
to collect any money for transportation of persons or property
when it was their duty to do so, shall upon conviction be adjudged
guilty of a misdemeanor and shall be fined in any sum not less
than one hundred dollars, and not more than five hundred dollars.




TENNESSEE.
SHANNON’S CODE OF 1896 AND SUPPLEMENT OF 1904.
Bureau of labor and mining statistics.
Section 826. There shall be a department to be styled “ The Bureau estabBureau of Labor and Mining Statistics.” It shall be under th e lishedcontrol of one officer, who shall be known as the “ Commissioner
of the Bureau of Labor, Statistics, and Mines.” He shall be ap­
pointed by the governor, with the advice and consent of the senate,
and shall hold his office for the term of two years, or until his
successor is appointed and qualified. He shall have his office at
the capitol, and shall receive a salary of eighteen hundred dollars
per year, and he shall be allowed one clerk, at a salary of twelve
hundred dollars per year.
Sec. 327. Said commissioner shall keep at his office all maps and Commissioner
plans of all mines being worked in the State, and also all records to keeP records,
and correspondence, papers and apparatus, and property pertain-e c*
ing to his official duties, belonging to the State, all of which shall
be delivered without delay to his successor in office; and for every
thirty days of delay to turn over said maps, papers, books, records,
correspondence, property, and apparatus belonging to said office,
said delinquent shall pay a fine of not less than one hundred nor
more than two hundred dollars, and all cost accruing in the case,
said fine going one-half to the prosecutor and one-half to the
State.
S ec. 328. Said commissioner shall be subject to a removal from Removal,
office by the governor when convicted of any neglect in the dis­
charge of his duties or malfeasance in office. Said commissioner
shall be a practical miner of not less than five years’ practical ex- Qualifications,
perience in m in in g, h a v in g a full and practical knowledge of the
different systems of working and ventilating coal mines or col­
lieries, and of the nature and properties of all noxious gases gen­
erated in said coal mines or collieries.
Sec. 329. The duties of the commissioner shall be to collect, Duties,
assort, arrange, and present, in annual report to the governor, and
for general distribution to those who may apply, and to the
general assembly when in session, statistics and details relating
to all departments of labor and mines in the State, especially in
relation to the commercial, industrial, social, educational, and
sanitary conditions of the laboring classes, and to the permanent
prosperity of the productive industries of the State, together with
all the expenditures of his office, and the purposes for which said
expenditures were incurred.
Sec. 330. Said commissioner, before entering upon the duties of Oath.
his office, shall take an oath or affirmation to discharge the same
faithfully and impartially, without favor or preference, which
oath or affirmation shall be indorsed upon his commission, and
said commission shall be forthwith recorded in the office of the
secretary of state. The commissioner shall also give a bond, in Bond.
the sum of fifteen thousand dollars, to be approved by the gover­
nor, for the faithful performance of his duty while in office, and
the surrender of all books, papers, records, and correspondence,
and property pertaining to his office, to his successor, said bond to
be recorded and placed on file in the office of the secretary of state.
Sec. 331. The said commissioner shall give his whole time to the T° sive whole
duties of his office, and, while holding said office, shall not act as 91 *



2029

2030

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

an agent or manager of any mine or mining corporation, or be
interested in operating any mine or colliery; and he shall annu­
ally, on or before the first day of January, make his report to
Reports.
the governor of his proceedings during the year preceding, and
the condition and operation of the mines in the State, enumerat­
ing all accidents in or about the same, and give all of such other
information as lie may think useful and proper, and make such
suggestions as may be deemed proper for future legislation on the
subject of mines and collieries.
Inspection of S ec . 332. The commissioner shall inspect all mines and collieries
mines, etc.
that are being worked, once every three months; and it shall be
lawful for him to enter and inspect and examine any mine in this
State, and the works and machinery, either inside or out, of any
mines, collieries, mills, or factories where human life is to be pro­
tected, and to see that the provisions of this article are enforced
and obeyed at all times, either by night or by day, where it is
reasonably within the power of human skill to do so; but at no
time is he allowed to unnecessarily obstruct or impede the work­
ing of any mine or colliery.
D u t i e s of Sec. 333. The owners or agents of said mines, collieries, mills,
owners.
or factories are hereby required to furnish the means necessary
to facilitate such entry and inspections, and the commissioner
shall make a record of said inspection, with all the material facts
connected with the case.
W itnesses,
Sec. 334. The commissioner shall have power to send for per­
etc.
sons and papers, and to examine witnesses under oath, and such
witnesses shall be summoned in the manner, and paid the same
fees, as witnesses before a justice of the peace.
S ec . 335. It shall be the duty of the person or persons having
Accidents to
he reported.
charge of any mine, colliery, mill, or factory, where any loss of
life shall occur by accident connected with the working of such
mine, colliery, mill, or factory, either by explosion or any other
accident, whereby any serious accident should occur to any em­
ployee working in or about said mines, mills, or factories, such
person or persons shall forthwith give notice to the commissioner;
and, should death result from such accident, the person or per­
sons in charge, having charge of the said works, shall at once
notify the coroner of the county wherein the loss of life occurred,
and the coroner shall hold an inquest upon the body or bodies
whose death has been caused thereby, and inquire into the cause
thereof, and return a copy of the verdict to the commissioner,
with all the testimony in the case, and, upon receipt of these facts
from the coroner, the commissioner shall, without delay, investi­
gate the matter, and take such steps to prevent a recurrence of
the accident, as provided for by the provisions of this article; and
any person or persons having charge of any mines, colliery, mill,
or factory where any accident occurs, causing the loss of human
life, failing to give notice as herein prescribed, upon conviction of
the same, shall be subjected to a fine of not less than two hundred
dollars nor more than five hundred dollars, subject to the discre­
tion of the court trying the case, and all costs accruing thereon.
Coroners’ ju ­ Sec. 336. No person or persons having any personal interest in,
ries.
or employed in the management of the mine or colliery when a
fatal accident occurs, shall be qualified to serve on the jury im­
paneled for the inquest, and the coroner shall have full power to
challenge all such jurors so impaneled.
A p p 1i cation
S ec . 337. The provisions of this article shall apply to the work­
of law.
ings of all kinds of mines that are worked in this State, either
for mineral of any description, or coal, and all of said mines shall
come under the control of the said commissioner, and be subject
to his orders, as herein provided for, and what he may direct in
connection with the working of the same for the protection of
human life therein.
Expenses.
S ec . 338. The comptroller is authorized to issue his warrant
quarterly upon the treasury to the commissioner for one-fourth of
the amount appropriated, and said inspector shall make a quar­
terly report to the governor of the receipts and expenditures of



LABOR LAWS----TENNESSEE----CODE AND SUPPLEMENT.

2031

his office, and the same shall be approved by the governor before
any further amount is drawn by the inspector from the treasury.
The expenses of this department shall in no case exceed four
thousand dollars per annum.
Mine regulations.
S ec t io n 839. At every coal or other mine in this State, where Ch e c k weighcoal or other minerals are mined by weight or measure, the miners, manor a majority of those present at a meeting called for that pur­
pose, shall have the right to employ a competent person as checkweighman or check measurer, as the case may require, who shall
be permitted at all times to be present at the weighing or meas­
uring of coal, also have power to weigh or measure the same, and,
during the regular working hours, to have the privilege to balance
and examine the scales or measure the cars: Provided, That all
such balancing or examination of scales shall only be done in such
way and in such time as in no way to interfere with the regular
working of the m ines; and he shall not be considered a trespasser
during working hours while attending to the interests of his em­
ployers, and in no manner shall he be interfered with or intimi­
dated by any person, agent, owner, or miner; and any person
violating these provisions shall be held and deemed guilty of a
misdemeanor, and, upon conviction thereof, he shall be punished
by a fine of not less than twenty dollars and not exceeding one
hundred dollars, or imprisoned, at the discretion of the court.
Notification by th e president of a mining company th a t he would shut
down the mine unless the m iners discharged the checkweighman hired
by them did not violate the provisions of th is section as to interference
or intim idation. 90 Tenn. 575.
S ec . 340. It shall be a further duty of checkweighman or check Settlem ent of
measurer to credit each miner with all merchantable coal or other differences,
mineral mined by him, on a proper sheet or book kept by him for
that purpose. When differences arise between the checkweigh­
man or check measurer and the agent or owners of the mine, as
to the uniformity, capacity of scales or cars used, the same shall
be referred to the mine inspector of the district where the mine is
located, whose duty it shall be to regulate the same at once; and,
in the event of said scales or cars proving to be correct, then the
party or parties applying for the testing thereof to pay or bear
all costs and expenses thereof, but, if not correct, then the owner
or owners of said mine to pay the cost and charges of making
said examination.
S ec . 341. Should any weighman, agent, or check measurer, F r a u d u l e n t
whether employed by operators or miners, knowingly or willfully weighing,
adopt or take more or less pounds for a bushel or ton than is now
provided for by law, or w illfully neglect the balancing or examin­
ing of the scales or cars, or knowingly and w illfully weigh coal
with an incorrect scale, he shall be guilty of a misdemeanor, and,
upon conviction thereof, shall be imprisoned in the county jail for
not less than three months.
Express agreement to accept a different weight from th a t actually mined
can not be pleaded as a defense against the enforcement of this section.
Criminal law can not be dispensed w ith by c o n ta c t. 90 Tenn. 575.
(Chapter 338, Acts of 1899.

Supplement, p. 48.)

Section*1. When miners of coal or other minerals in this State Assessment
elect a checkweighman or measurer, as provided by chapter 206 “ ay be withof the Acts of * * * 1887, the operators, company or firm employing said miners, shall, upon receiving notice in writing from
the miners of said election of checkweighman, withhold from each
miner an equal amount, agreed upon by the miners and check­
weighman, and pay the same to the checkweighman at each regu­
lar pay day.
Sec. 2. Upon failure of any operator, company or firm to com- L iability of
ply with section 1 of this act, they shall be liable to the check-company'



2032

BULLETIN OP THE BUEEAU OP LABOR STATISTICS.
weighman for the full amount of his wages, and shall be guilty of
a misdemeanor, and upon conviction shall be fined at the discre­
tion of [the] court having jurisdiction.
Protection of employees as voters.

Right to vote.
Contracts.

Section 1173. The laws of this State shall guarantee to every
qualified voter the right to go to the polls and vote without fear
of molestation. No person shall be allowed to make contracts
with work hands or others in their employ, that will, or is [are]
intended to, keep them from going to the polls on election days;
nor shall they, or any party, have the legal right to claim that
any contract has been violated because parties or individuals in
their employ left their work or lands to go and vote on election
days in their county.
Sunday labor.

Section 3029. If any merchant, artificer, tradesman, farmer, or
Sunday labor
forbidden.
other person shall be guilty of doing or exercising any of the com­
mon avocations of life, or of causing or permitting the same to be
done by his children or servants, acts of real necessity or charity
excepted, on Sunday, he shall, on due conviction thereof before
any justice of the peace of the county, forfeit and pay three dol­
lars, one-half to the person who will sue for the same, the other
half for the use of the county.
B arberingfor
Sec. 3030. It shall be a misdemeanor for any person to carry
bidden. '
on the business of barbering on Sunday in Tennessee; and any per­
Penalty.
son found guilty of violating this section shall be fined not less
than twenty-five dollars nor more than fifty dollars, or imprisoned
in the county jail not less than fifteen nor more than thirty days,
or both, in the discretion of the court.
This law is constitutional.

50 S. W. Rep. 769.

Exemption of wages from execution.
W hat wages
Section 3794 (as amended by chapter 376, Acts of 1905). There
exempt.
shall be exempt from execution, attachment, and garnishment

ninety (90%) per centum of the salary, income, or wages of every
person earning a salary or wages, or drawing an income of forty
($40) dollars or less per month, and who is eighteen years of age
or upward or is the head of a family, and is a resident of the
State of Tennessee: Provided, That the lien created by the service
of garnishment, execution, or attachment shall only affect ten
(10%) per centum of such salary, wages, or income earned at the
time of service of process. And there shall be exempt from exe­
cution, attachment, or garnishment thirty-six ($36) dollars of the
salary, wages, or income of every person earning a salary, wages,
or income in excess of forty ($40) dollars per month who is
eighteen years of age or upward or who is the head of a family,
and who is a resident of the State of Tennessee: Provided, That
the debtor shall only pay the costs of one garnishment on each
debt on which suit is brought.
Action for personal injuries—Survival.
Sections 4025-4029.
*

*

*

(Chapter 317, Acts of 1903.
Actions
survive.

to

*

*

Supplement, p. 666.)

Section 1. No suit now pending or hereafter brought for per­
sonal injuries or death from wrongful act in any of the courts of
this State, whether by appeal or otherwise, and whether in an
inferior or superior court, shall abate or be abated, because or on
account of the death of the beneficiary or beneficiaries for whose




LABOR LAWS--- TENNESSEE----CODE AND SUPPLEMENT.

2038

use and benefit said suit was brought, and such suit shall be pro­
ceeded with to final judgment, as though such beneficiary or bene­
ficiaries had not died, for the use and benefit of the heirs at law
of such deceased beneficiary.
Enticing employees.
S ec t io n 4337. It shall not be lawful for any person in this

E nticing emState, knowingly, to hire, contract with, decoy or entice away, §*°yees forbid'
directly or indirectly, anyone, male or female, who is at the time
under contract or in the employ of another; and any person[s] so
under contract or employ of another, leaving their employ with­
out good and sufficient cause, before the expiration of the time
for which they were employed, shall forfeit to the employer all
sums due for service already rendered, and be liable for such
other damages [as] the employer may reasonably sustain by such
violation of contract.
S ec . 4338. Any person violating the provisions of the first clause
Penalty,
of the last section shall be liable to the party who originally had
and was entitled to the services of said employee, by virtue of a
previous contract, for such damages as he may reasonably sustain
by the loss of the labor of said employee; and he shall also be
liable for such damages, whether he had knowledge of an existing
contract or not, if he fails or refuses to discharge the person so
hired, or to pay such damages as the original employer may
claim, after he has been notified that the person is under contract,
or has violated the contract with another person, which amount
shall be ascertained, and the collection enforced by action for
damages before any justice of the peace of said county where
said violation occurs, or the party violating said section may
reside.
Payment of wages.
S ec tio n 4339. All persons, firms, companies, or corporations en- Monthly pay
gaged in constructing and building railroads, or in mining coal,
ore, or other minerals, or mining and manufacturing them, or
either of them, or manufacturing iron or steel, or both, or any
other kind of manufacturing, shall pay their laborers and em­
ployees the amounts due them for their work or service in lawful
money of the United States, or by cash order as described and
required in section 4342, and shall adjust accounts with their
laborers and employers at least once in every thirty days.
S ec . 4340. If the employer and employee fail, in their adjust- Provisos,
ment, to agree upon the amount due the laborer, and the courts
have to settle the question in controversy, the penalty herein pro­
vided shall not apply.
Sec. 4341., Nothing herein contained shall affect the right of Claim may he
such laborer or employee to assign, in whole or in part, his claim assigned,
against his employer.
Sec. 4342. It shall not be lawful for any person, firm, company, Scrip to he
or corporation engaged in the business set forth in section 4339, redeemable,
or for their clerk, agent, officer, or servant, to issue for payment
of labor any order or other paper whatever, unless the same
purports to be redeemable, for its face value, in lawful money of
the United States, bearing interest at legal rate, made payable to
employee or bearer, and redeemable by the person, firm, company,
or corporation giving, making, or issuing the same; and any per­
son, firm, company, or corporation engaged in the business afore­
said, their clerks, agents, officers, or servants, who shall be guilty
of a violation of section 4339 or this section, shall be deemed guilty
of a misdemeanor, and, upon conviction, shall be fined in any sum
not exceeding two hundred dollars and not less than fifty dollars,
in the discretion of the court.
The provisions of this law are valid.

183 U. S. 13, 22 Sup. Ct. 1.

39387°—Bull. 148, pt 2—14------52



2034

BULLETIN OF THE BUREAU OF LABOR STATISTICS.
(C hapters 21 and 453, Acts of 1903.

Supplement, p. 681.)

%

W hat assign­ S ec t io n 1. No action shall be brought whereby to charge any
ments to be as­ employer upon any assignment by any clerk, servant, or employee
sented to.
of such employer to any person, persons, firm, or corporation of

any wages or salary unearned at the time of such assignment,
unless such assignment at the time of the execution thereof shall
have been assented to in writing by such employer.
Actions for personal injuries—Limitations.
L im ita tio n ;

S ec t io n 4466. All civil actions, other than * * * [real],
shall be commenced after the cause of action has accrued, within
the periods prescribed in this chapter, unless otherwise expressly
provided.
Of one year.
S ec . 4469. Actions for * * * injuries to the person, * * *
and statute penalties, within one year after cause of action ac­
crued.
The lim itation runs from the moment of the injury and is not suspended
for the w ant of a personal representative. 9 Heis. 829.
Nor because of m inority. 1 Bax. 314.

'Negligence of employees of common carriers.
S e c t io n 6475. Whenever any steamboat bursts the boiler or
machinery connected therewith, while racing with another boat,
or attempting to excel her in speed, and the life of any person is
endangered thereby, the captain and engineer in charge of said
boat shall, on conviction, be imprisoned in the penitentiary not
less than two years.
Racing boats.
S ec . 6476. The captain and engineer in charge of any vessel
propelled by steam, who shall be guilty of racing his boat against
another, or attempting to make her excel another in speed, shall
be punished by imprisonment in the county jail not more than
six months, or fined not more than five hundred dollars, or both
fined and imprisoned within these limits.
Loss of life,
Sec. 6478. Whenever any loss of human life or injury to any
etc.
human being is occasioned by the willful negligence or gross want
of skill of the captain, engineer, or other officer or person in the
management of any steamboat, or any of the machinery thereof,
the officer or other person causing such loss of life or injury
shall, on conviction, be imprisoned in the penitentiary not exceed­
ing five years.
Negl i ge nce
S ec . 6482. W henever any person is killed upon any railroad in
T
of railroad em­ this State, by an accident occasioned by the wrongful act, negli­
ployees causing
gence, or omission of the engineer, conductor, or other manager,
d e a th ;
such engineer, conductor, or manager is guilty of a felony, and
shall, on conviction, be confined in the penitentiary not less than
two nor more than ten years.
Personal In­ Sec. 6483. If any person is wounded or crippled by such acci­
jury.
dent, without being killed, the offender is guilty of a misdemeanor,
and shall, on conviction, be confined in the common jail not less
than six months nor more than three years.
Negligence
Sec. 6484. If any engine driver, or other person connected with
of railroad em­ the running of a locomotive or train upon any railroad, shall omit
ployees causing
to observe the precautions prescribed for the prevention of acci­
death.
dents, whereby an accident shall occur, and any person shall be
killed, he shall be guilty of a felony.
Tenalty.
S ec. 64S5. The punishment of this offense shall be confinement
in the penitentiary not less than three nor more than twenty-one
years.
Causing per­ S ec . 6486. If any engine driver, or other person intrusted with
sonal injury. the running of a locomotive or train on any railroad, shall omit
to observe said precautions, whereby an accident shall occur, and
any person be wounded or crippled, he shall be guilty of a felony.
The punishment of this offense shall be confinement in the peni­
tentiary not less than one month nor more than ten years.

B ursting
boilers.

of




LABOR LAWS--- TENNESSEE----CODE AND SUPPLEMENT.

2035

Protection of employees in choice of physicians.
S ec t io n 6879. It shall be unlawful for any manufacturer, firm, Restriction as
company, or corporation, their agents, clerks, or superintendents1® employment
in this State, to dictate or in any manner interfere with an y° p ysicians*
employee or laborer in their rights to select their own family
physician.
S ec . 6880. It shall be unlawful for any such manufacturer, Company docfirm, company, or corporation, their agents, clerks, or superin-tortendents, to retain or withhold any part or portion of the wages
due to any such employee or laborer for the avowed purpose of
paying the salary of any person claiming to be the “ company
doctor ” without the full consent of such employee or laborer; and
the whole amount of any such wages so retained by consent shall
be paid to said company doctor or other physicians employed by
said employees.
S ec . 6881. Any agent, clerk, or superintendent of any such firm, Penalty,
company, or corporation violating the provisions of this article,
shall be guilty of a misdemeanor, and, upon conviction in any of
the courts of the State having jurisdiction, shall be fined not less
than ten dollars.

Protection of employees on street railways—Inclosed platform s.
(Chapter 69, Acts of 1901.

Supplement, p. 375.)

S e c t io n 1. Street car companies operating street cars by elec- Platform s to
tricity, by cable, by horsepower, or by any other motive pow erbe mclosedrequiring the operator to be on the front of the car and outside
the main body thereof, shall equip all cars with vestibules, so
as to protect employees from wind and rain : Provided, That this Provisos,
act shall not include the closing of the sides of the cars: And,
provided, further, That this act shall not apply to cars operated
from the fifteenth of March to the first of November.
S ec . 2. Street car companies which fail to observe and comply Penalty,
with the provisions of the first section of this act shall be guilty
of a misdemeanor, and upon conviction thereof shall be fined not
less than one hundred dollars nor more than five hundred dollars
for each offense.
(Chapter 480, Acts of 1903.

Supplement, p. 376.)

S ec t io n 1. Street car companies operating street cars by elec- Car lines in
tricity, by cable, by horsepower, or by any other motive power ^fesf n C
°Un
requiring the operator to be on the front of the car, and outside
the main body thereof, in counties having a population of not less
than 60,000 nor more than 70,000 by the Federal census of 1900 or
by any subsequent Federal census, shall equip all cars with com­
plete vestibules so as to thoroughly protect employees from in­
clement weather: Provided, That this act shall not apply to cars
operated from the fifteenth of March to the first of November in
each year.
Sec. 2. Street car companies in said counties which fail to ob- Violations,
serve and comply with the provisions of the first section of this
act shall be guilty of a misdemeanor and upon conviction thereof,
shall be fined not less than one hundred dollars nor more than
five hundred dollars for each offense.

Payment of wages in scrip.
(Chapter 11, Acts of 1899.

Supplement, p. 469.)

S ec t io n 1. All persons, firms, corporations, and companies using Scrip, etc., to
coupons, scrip, punch outs, store orders, or other evidences of in- be redeemat> edebtedness to pay their or its laborers and employees, for labor
or otherwise, shall, if demanded, redeem the same in the hands of
such laborer, employee, or bona fide holder in good and lawful




2036

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

money of the United S tates: Provided, The same is presented and
redemption demanded of such person, firm, company, or corpora­
tion using [issuing] same as aforesaid, at a regular pay day of
such person, firm, company, or corporation to laborers or em­
ployees, or if presented and redemption demanded as aforesaid by
such laborers, employees, or bona fide holders at any time not less
than thirty days from the issuance or delivery of such coupon,
scrip, punch out, store order, or other evidences of indebtedness to
such employees, laborers, or bona fide holder. Such redemption
to be at the face value of said scrip, punch out, coupon, store
order, or other evidence of indebtedness: Provided, further, Said
face value shall be in cash the same as its purchasing power in
goods, wares and merchandise at the commissary company store
or other repository of such company, firm, person or corporation
aforesaid.
Right of ac- S ec . 2. Any employee, laborer, or bona fide holder referred to in
tion*
section 1 of this act, upon presentation and demand for redemp­
tion of such scrip, coupon, punch out, store order, or other evi­
dence of indebtedness aforesaid, and upon refusal of such person,
firm, corporation, or company to redeem the same in good and
lawful money of the United States, may maintain in his, her, or
their own name an action before any court of competent juris­
diction against such person, firm, corporation, or company using
[issuing] same as aforesaid for the recovery of the value of such
coupon, scrip, punch out, store order, or other evidence of indebt­
edness, as defined in section 1 of this act.
Act construed.
Sec. 3. Nothing herein in this act contained is to be so construed
as to legalize the issuance or use of scrip. * * *
Provisos.

This law is constitutional and has the same effect as to foreign corpora­
tions th a t i t has upon those formed w ithin the State. 22 Sup. Ct. Rep. 5.
An assignee of scrip may recover under its provisions and for face value,
though he purchased it a t a discount. 53 S. W. Rep. 955.

Inspection and regulation of factories, etc.
(Chapter 401, Acts of 1899; chapter 67, Acts of 1901.
p. 470.)

Supplement,

Duties of inS e c tio n 2. It shall be the duty of the shop and factory inspector
spector.
to inspect all workshops and factories where machinery is used at

least once every six months, and he shall have authority to enter
such workshops or factories at all proper times for the purposes of
such inspection. He shall, on or before the first day of January
of each year, make a report to the governor of the condition as
respects safety to life and health of workshops and factories vis­
ited by him, and said report shall be printed for the use of the
general assembly at its regular sessions. The expense of printing
said report shall be paid out of the general appropriation for
printing the reports of State officers.
V en t n a tio n ,
Sec. 3. All workshops and factories where machinery is used
ances e tc f
1
be wel1 ventilated and kept as clean as the nature of the busi’ *
ness will permit. The belting, shafting, gearing, machinery, and
drums of all workshops and factories where machinery is used,
when so placed as in the opinion of the shop and factory inspector
to be dangerous to persons employed therein while engaged in
their ordinary duties, shall, as far as practicable, be securely
guarded.
Protection of Sec. 4. The shop and factory inspector may order the opening[s]
hatchways, etc. 0f
hatchways, elevator wells, and wheel holes, upon every floor
of any workshop or factory where machinery is used, to be pro­
tected by good trapdoors, self-closing hatches, or safety catches
or other safeguards such as will insure the safety of the em­
ployees in such workshop or factory when engaged in their ordi­
nary duties.
W ater-closets.
Sec. 5. Every person, firm, or corporation running or operating
any workshop or factory where fifteen or more persons are em­
ployed at labor, shall provide separate water-closets for males and
females, and keep the same in good sanitary condition.



LABOR LAWS— TENNESSEE----CODE AND SUPPLEMENT.
Sec. 6. It shall be the duty of the shop and factory inspector to
enforce the provisions of this act by giving proper notices to thfi
person, firm, or corporation operating or running workshops or
factories inspected by him, and also to make complaint to the
attorneys general of the respective districts of all violations of
this act.
Sec. 7. Any person, firm, or corporation operating or running
any workshop or factory where machiney is used, upon convic­
tion of a violation of this act, shall be fined not less than twentyfive dollars ($25) nor more than one hundred dollars ($100) for
each offense: Provided, No action shall be taken until after four
keeks’ notice shall have been given by the shop and factory in­
spector to any firm, person, or corporation operating or running
a workshop or factory of the changes necessary to be made, and
not then if in the meantime said changes have been made.
Sec. 8. The orders or notices given by the shop and factory in­
spector shall be written or printed, and signed by him officially,
and served by himself or by leaving an attested copy thereof at
the usual place of business of the person upon whom service is to
be made, and a copy of the same shall be filed in the office of the
county court clerk of the county in which the workshop or fac­
tory is located, and such copy shall be prima facie evidence that
notice was given.
(Chapter 98, Acts of 1897.

2037

Enforcement.

Penalty.

Notices.

Supplement, p. 472.)

Section 1. All persons hiring or employing female help in any W ater-closets,
manufacturing or mercantile business or establishment, shall pro­
vide separate privies or water-closets for such female help.
Sec. 2. No male person shall enter such separate privies or M a l e s ex­
water-closets except for the purpose of repairing or cleaning the cludedsame.
Sec. 3. A violation of the foregoing sections shall be a mis- Penalty,
demeanor, punishable by a fine of not less than two or more than
ten dollars.
[See chapter 159, Acts of 1905.]
Mine regulations.
(Chapter 237, Acts of 1903.

Supplement, p. 472.)

Section 1. For the purpose of greater security and protection Inspectors,
of life and health of persons employed in and around the mines,
and to increase the security and protection connected with the
mining operations, and to facilitate an efficient and thorough in­
spection of the mines in Tennessee, and to provide an adequate
inspecting force therefor, the governor shall appoint one (1 ) chief
mine inspector, who, with the approval of the governor, shall ap­
point two district mine inspectors. The chief mine inspector shall
hold his office for the term of four (4) years, or until his successor
is appointed and qualified; and the district mine inspectors shall
hold their office for the term of two (2 ) years, or until their suc­
cessors are appointed and qualified. The first appointment here­
under shall be made within thirty (30) days from the date when
this act shall take effect.
Sec. la . In case of resignation, removal, or death of the chief Vacancies,
inspector, or any district inspector, such vacancy shall be filled in
the manner above provided for original appointments for the
unexpired term so made vacant.
Sec. lb. No person shall be appointed chief mine inspector Qualifications,
unless he is possessed of a competent knowledge of chemistry,
geology, and mineralogy of Tennessee, so far as these sciences
relate to mining, and has a practical knowledge of mining engi­
neering and the different systems of working and ventilating
mines, and the nature and properties of the noxious, poisonous,
and explosive gases found in mines, and the best means of pre


2038

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

venting dangers and the removal of same, and shall have had six
(6) years’ experience in mining, and shall have been a citizen
and a resident of Tennessee for two (2) years, and shall be of
good moral character and temperate habits.
In terest in
Sec. lc. The chief mine inspector shall not, while in office, be
mines.
interested as owner, agent, operator, stockholder, superintendent,
or engineer of any mine, and may be removed for cause by the
governor at any time.
D istrict in­ Sec. Id. No person shall be appointed district inspector of mines
spector.
unless he is a practical miner of at least six (6) years’ experience
in mining, has been a citizen and resident of Tennessee for two
(2 ) years or more, and is possessed of a practical knowledge of
the best mode of working and ventilating mines, of the best means
of detecting noxious, poisonous, and explosive gases, and the best
means of preventing and removing same, and shall not while in
office be interested as owner, agent, stockholder, superintendent,
foreman, or otherwise interested in any mine; and he shall be of
good moral character and temperate habits and possessed of a
class “A” foreman’s certificate of competency, as required for
foremen of mines in this State.
Additional in­ Sec. l e (added by chapter 540, Acts of 1907). There shall be
spector.
appointed in the same manner as now provided for the appoint­
ment of the present district mine inspectors an additional dis­
trict mine inspector, who shall hold his office for a period of two
years from date of appointment, and thereafter until his successor
is elected and qualified. Said additional district mine inspector
must have a general knowledge of the conduct of the mining busi­
ness, and shall, in addition to such qualification, be thoroughly
familiar with the work necessary in the compilation of mining
statistics. He shall receive a salary of ($1,700) seventeen hun­
dred dollars per annum and the same traveling expenses as that
allowed other district mine inspectors under section 8 of said act
[chapter 237, Acts of 1903], to be paid in the same manner, and he
shall be subject to the same rules and regulations as now provided
or may hereafter be provided for other district mine inspectors.
Bonds.
S ec. 2. Before entering upon the duties of their offices, the chief
mine inspector and the district mine inspectors shall give a bond
to the State, the former in the sum of fifteen thousand dollars
($15,000), and the latter in the sum of five thousand dollars
($5,000), each to be approved by the governor; said bonds to be
conditioned that they w ill faithfully discharge the duties of their
offices; and they shall take an oath of office before some court of
record that they will support the constitution of the State of
Tennessee, and that they w ill faithfully and impartially, to the
best of their ability, discharge the duties of their respective offices,
which oath shall be reduced to writing and filed with the secretary
of state, together with their commissions, bonds, and the govern­
or’s approval of their bonds.
Duties.
Sec. 4. The chief inspector of mines and the district inspectors
of mines shall give their whole time and attention to the duties
of their offices and see that all provisions of this act are strictly
observed and carried out, and the penalty for neglect and failure
to observe the provisions of this act are strictly enforced.
Same.
Sec. 4a. It shall be the duty of the district mine inspectors to
thoroughly and carefully examine each mine in their respective
districts, as set forth hereinafter, and to see that every provision
of this act is strictly observed by owner, agent, and employees,
and that all penalties are enforced.
V e n tila tio n ,
Sec. 4b. They shall carefully examine into the workings and
etc.
conditions of the mines as to ventilation, drainage, general se­
curity to health and life, circulation and condition of the air in
the mines, doors, brattices, overcasts, undercasts, roadways, travel­
ing ways, top-on roadways and in workings, for the presence of
dust in suspension or dust in deposit on bottom, timbers, and sides
of roadways and working places throughout the mine, and for the
presence of poisonous and noxious gases; examine every mine
with a modern improved test lamp for the presence of explosive



LABOR LAWS----TENNESSEE----CODE AND SUPPLEMENT.

2039

gases at each exam ination; examine all machinery and ventilating
apparatus outside and inside of the m ine; measure the quantity of
air circulating in each and every part of the workings of the mine,
the amount of intake and outlet currents, and designate to the
superintendent or mine foremen where they shall measure the
currents, as hereinafter required by this act; examine into the
plan of ventilation of abandoned or worked-out portions of m ines;
and so far as possible, examine such places for the presence of
noxious, poisonous, and explosive gases.
Sec. 4c. The inspectors shall make a record of all examinations Records.
of mines, showing the date when made, the parts the examination
covered, the condition in which the mines are found, the extent to
which laws relating to mines and mining are observed or vio­
lated, the progress made in the improvement of the mines and
security of life and health sought to be secured by the provisions
of this act, the number of accidents or injuries received in and
about the mines (with full details of each), the number of mines
in their districts and the State, the number of persons and animals
employed in and about each, the number of kegs of powder and
pounds of dynamite used in each mine per month—which, together
with all such other facts and information of public interest con­
cerning the conditions of the mines and the development and
progress of mining in this State as may be useful and proper, shall
be forwarded to the chief mine inspector’s office on or before the
third day of each month, covering work of the previous month.
Sec. 4d. The chief mine inspector shall make a complete record Reports.
of all such inspections and reports in detail, and so much thereof,
that may be of public interest, to be included in an annual report
to the governor of Tennessee, which report shall be in the hands
of that official by the 10th day of February, or as soon thereafter
as possible, following the year covered by the report.
Sec. 4e. The district mine inspectors shall immediately and Notices.
forthwith notify the owner, agent, and superintendent of any mine
found to be in a dangerous condition, or operated contrary to the
provisions of this act, in writing, and immediately send the chief
mine inspector a duplicate of such written notice, which shall in
detail show in what manner the laws have been violated and the
nature of the dangerous condition of the mine.
Sec. 4f. On receipt of same, the chief mine inspector shall make D a n g e r o u s
a personal examination of the mine at the earliest practicable mines.
time; and should his conclusions and findings agree with the dis­
trict inspector, showing a dangerous condition of the mine to exist,
he shall notify the employees of the mine by posting a notice
near the entrance to the mine, setting forth the nature of the
danger.
S ec. 4g. If deemed necessary, the chief mine inspector shall ap­ Injunctions.
ply to any of the courts of law or equity of this State having local
jurisdiction, where the coal mine proceeded against is situated,
for an injunction restraining any person from working in said
mine, except those employed on improvements or repairs, until
the conditions are made safe, or until the provisions of this act
have been complied with, and this proceeding shall be governed
by the rules and principles of chancery practice. It shall be
brought on behalf of the State by said inspector, and no bond for
costs shall be required, and shall be prosecuted by the attorney
general in whose district the mine is located.
S ec. 4h. The district mine inspectors shall give all orders for Orders.
improvements under this act in writing, and in all cases a dupli­
cate must be forwarded immediately to the chief mine inspector’s
office. If the chief or district mine inspectors while making ex­
amination or inspection of a mine, should find any matter, thing,
or practice in or connected with such mine to be dangerous or de­
fective, so as in his opinion to threaten or tend to the bodily in­
jury of any person, the inspector shall notify such person or per­
sons immediately, and such person or persons are hereby required
to obey such notices from the mine inspectors, and the inspector
shall notify the owner, manager, and superintendent in writing



2040

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

to rectify such danger, condition, thing, or practice within a cer­
tain reasonable time, as hereinafter provided.
Enforcement.
S ec. 4i. It shall be the duty of the chief mine inspector to enter
all suits for failure to carry out and observe the provisions of
this a c t; and such suits shall, so far as practicable, be instituted
in the county in which the mine is situated, and it shall be the
duty of the attorney general of the district in which county the
said mine is situated to prosecute in the name of the State such
suits for enforcement of the provisions and penalties under this
act.
Negligence of S ec. 4j. That the duties of the mine inspectors may be faithinspectors.
fully and impartially discharged, and that their orders to oper­
ators and employees, as set forth above, may be carried out to the
extent and meaning of this act, any mine inspector, operator,
agent, superintendent, or employee of any mine neglecting or re­
fusing to observe this act shall, upon conviction thereof, be fined
not less than twenty-five dollars ($25) nor more than two hun­
dred dollars ($200), and may, in the discretion of the court, be
imprisoned in the county jail not exceeding one year and be re­
moved from office.
Right to enS ec. 5. For the purpose of making the inspections and examinater mines.
tions provided for in this act, the chief mine inspector and the
district mine inspectors shall have the right to enter any mine at
all reasonable times, by day or night, but in such manner as shall
not unnecessarily obstruct the workings of the mine; and the
owner or agent of such mine is hereby required to furnish the
means necessary for such entry and inspection, and the inspection
and examination hereby provided for shall extend to all coal, iron
ore, copper, lead, phosphate, and other mines in this S ta te; and in
case of refusal of owner, agent, operator, or superintendent to
allow such entry for inspection and examination, upon conviction
they shall be liable to a fine of twenty-five dollars ($25) for each
and every refusal, and each refusal shall constitute a separate
offense.
Districts.
S ec . 6 . The chief mine inspector shall designate the counties, or
portions thereof, in this State, which shall constitute the three
inspection districts, and may at any time change the same when,
in his judgment, it is required by the best interest of the service,
and shall issue such instructions, make such rules and regulations
for the government of the district inspectors, not inconsistent with
the powers and duties invested in them by law, as shall secure
uniformity of action and proceedings throughout the different dis­
tricts; and he may order one district inspector to the assistance
of any other district inspector or two of the district inspectors to
the assistance of the other district inspector, or make transfer of
district inspectors when, in his judgment, the efficiency or neces­
sity of the service demands or permits; and he may, with the con­
sent of the governor, remove any district inspector for a sufficient
cause. Any malfeasance in office, disregard for rules, drunken­
ness, or immoral conduct shall constitute a sufficient cause.
In sp e c tio n s
S ec. 7. The chief mine inspector shall render such assistance to
by chief in - the district mine inspectors personally or otherwise as circumspector.
stances and conditions may require; and he shall make such per­
sonal inspections and examinations of mines as he may deem
necessary and his other duties w ill permit, and investigate all
dangerous conditions reported by the district inspectors at the
earliest possible time after receipt of such information; and he
shall keep in his office all maps, plans, reports, papers, books,
records, and other matter required to be filed with him by this a c t;
and he shall supply the district inspectors with test lamps, instruSupplies.
ments, stationery, blank vouchers for expense accounts, and all
kinds of blanks used in the service; and he shall keep a record of
all of his and the district inspectors’ work in and about the mines
in such a manner that it will make a complete and ready record
of reference.




LABOR LAWS----TENNESSEE----CODE AND SUPPLEMENT.

2041

S ec . 7a. In Ms annual report to the governor he shall enumer­ Report to con­
ate all accidents, fatal or nonfatal, with full particulars; pre­ tain what.
pare, assort, and arrange statistics of the annual output of all
mines in this State and the number of coke ovens in operation and
the number not in operation, with such information and statistics
as he may think useful and proper, and make such suggestions as
he deems important to the mining interests of the State, and re­
port such facts relative to the mineral resources of the State, and
the development of the same, that w ill be of public interest, and
make any suggestions that may be necessary for the better pro­
tection of the life and health of persons engaged in the mining
industry, together with the total expense of his department.
S ec. 7c (added by chapter 540, Acts of 1907). In order that such D uty of op­
to give
full and complete statistics as, in the opinion of the chief mine eratorsation.
inform
inspector, is essential for the promotion of the mineral industry
of Tennessee, may be obtained and published in said annual re­
port, each and every person, firm, company, or corporation engaged
in the mining, quarrying, or production of coal, cobalt, copper,
fluospar, gold, iron, ores, lead, lime, manganese, mineral waters,
natural gas, petroleum, phosphate rock, platinum, sand and gravel,
sand, lime, brick, silver (mines report), stone, including lime­
stone, sandstone, and marble, or other stone, zinc, gypsum, ocher,
pyrites, salt-clay products, slate, or other minerals, or engaged in
the manufacture of coke, brick, coal tar, lime, pig iron, ammonium
sulphate, gas coke, Portland and natural cement, grindstone, me­
tallic paint and mortar colors, flint, and all other by-products of
any minerals produced in this State, shall, on or before January
15 of each year, make out and send to the chief mine inspector
upon blanks, to be by him furnished and sent out for that purpose,
detailed annual report, giving such statistics and information con­
cerning the output of said mines or plant, the tonnage, number of
employees, and the number of days worked. It is thereby de­
clared a misdemeanor for any person, firm, company, or corpora­
tion to fail or refuse to furnish the chief mine inspector any and
all information called for for said annual report, as above pro­
vided, on or before the fifteenth day of January of each y ea r; and
any and all parties or agents so failing or refusing to furnish said
reports within the time specified shall, upon conviction, be fined
one hundred dollars for each day of delay, said fine to go to the
State of Tennessee. And it is hereby made the duty of the chief
mine inspector to report said failure to the district attorney
general of the district where the mine, quarry, or other works are
situated; and in the event of the failure of any of such parties to
furnish such information, it shall be the duty of the chief mine
inspector to call upon such party and inspect such books and
records of said firm or corporation or company as w ill give him
the information above provided fo r ; and such person, firm, or cor­
poration shall be required to permit examination of all necessary
books or records as w ill enable the chief mine inspector to obtain
the information above provided for, such inspection to be made at
its chief office and at any reasonable time; and their failure to
permit such inspection shall be a misdemeanor and finable as
above provided.
Salaries.
S ec . 8 (as amended by chapter 57, Acts of 1913). The salary
of the chief mine inspector shall be three thousand dollars
($3,000) per annum, payable in monthly installments; and he
shall be allowed his actual expenses incurred in the performance
of his official duties, including traveling expenses, postage, sta­
tionery, instruments, test lamps, blank books, telegraph and tele­
phone expenses, printing, tabulating reports, and other necessary
expenses for the proper conduct of the office.
Same.
S ec . 8a (as amended by chapter 57, Acts of 1913). The district
inspectors shall each receive a salary of two thousand dollars
($2,000) per annum, payable in monthly installments, while in the
performance of the orders of the chief inspector and the duties
imposed by the provisions of this act; and they shall be allowed
their actual expenses.




2042

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

Expenses.

Classes
mines.

Class A.

Class B.

Class C.




Sec. 8e (as amended by chapter 540, Acts of 1907). * * *
Provided, That the traveling expenses of the chief mine inspector
shall not exceed $1,000 per annum: And provided, further, That
the traveling expenses of the assistant inspectors shall not exceed
$700 per annum each: Provided, further, That the entire appro­
priation under the provisions of this act shall not exceed four­
teen thousand dollars per annum.
Sec. 9. The maximum period that shall occur between inspec­
tions and examinations of each mine in this State and the mini­
mum quantity of fresh air that shall be supplied to each person
and each animal employed in the mines of this State shall be gov­
erned by the following classifications of mines, based upon the
existing conditions heretofore, at present, or may appear in the
future, in accordance with the conditions jeopardizing human life
and health in such mines.
Sec. 9a. The classification shall be as follows: Class A shall
include every coal mine or other mine known to liberate fire damp
(CH4) at present or in the future, and all mines of this class
shall be inspected by the chief inspector or the district inspector
at least once every sixty (60) days; and the minimum amount of
fresh air supplied to each person and animal employed in the mine
by the ventilating currents, shall be one hundred and fifty (150)
cubic feet per minute for each person and six hundred (600)
cubic feet per minute for each animal employed in the mine at
one time. At any time fire damp is discovered in the mine or
mines of other classes the inspector may place such mine or mines
in this class, and then it shall be subject to the restrictions herein
prescribed for the operation of mines of such class. However, if
the amount of fire damp is slight or limited, and the safety of em­
ployees is not endangered from such gas, the chief inspector may
use his best judgment in changing the classification of such mine
or mines; and any mine liberating sufficient fire damp to be de­
tected on the flame of a modern test lamp may, by action of the
chief mine inspector, be placed in this class; and if changes are
necessary in order that they may comply with this act, the chief
inspector shall allot them a reasonable time to make such changes;
and if he deems it necessary, he may remove a portion of or all
the inside employees until such changes are made in accordance
with the provisions of this act. The minimum amount of fresh
air required and specified may be increased by the chief inspector
should he deem it necessary for the better protection of human
life and health, as the conditions may require.
S ec . 9b. Class B shall include every coal or other mine that is
dry and dusty to such an extent as, in the best judgment of the
chief inspector, renders the same dangerous from dust explosions;
and where coal or other dust is deposited on timbers, sides, and
bottoms of the airways, entries, and other workings of the mine,
and where dangers would be increased by too great a velocity of
the ventilating currents in mines of this class, the minimum
amount of fresh air supplied by ventilating currents shall not be
less than one hundred (100) cubic feet per minute for each per­
son and five hundred (500) cubic feet per minute for each animal
employed in the mine at one tim e; and the chief inspector or a dis­
trict inspector shall inspect and examine each mine of this class
at least once every sixty (60) days, or oftener, and determine if
the mine is operated under the restrictions of this act and those
governing mines of this class. The chief mine inspector shall have
the right to classify the mines and determine to what class they
shall belong.
Sec. 9c. Class C shall include every coal or other mine employ­
ing over twenty (20) persons and three (3) mules that is [does]
not at present or may [not?] in the future liberate sufficient fire
damp to be detected on the flame of a modern test lamp and has
not been classed as a dry and dusty mine by the chief inspector of
mines. The minimum quantity of fresh air that shall be supplied
to each person employed in the mine by the ventilating currents

LABOR LAWS----TENNESSEE----CODE AND SUPPLEMENT.

2043

shall be eighty-five (85) cubic feet per minute, and for each ani­
mal employed in the mine it shall be five hundred (500) cubic feet
per m inute; and it shall be the duty of the chief mine inspector or
a district inspector to inspect and examine each mine of this class
at least once every ninety (90) days; and at any time conditions
may require, the chief inspector may increase the quantity of
fresh air to be supplied by ventilating currents, and when con­
ditions require may change mines from one class to another by
proper notice to all parties interested.
S ec . 9d. Class D shall include all coal or other mines working Class D.
less than twenty (20) persons in which fire damp has not been dis­
covered at any time and which are not considered to be dry and
dusty mines. This class of mines shall supply the same amount of
fresh air by ventilating currents to persons working in same as
required for class “ C ” mines. Mines of this class shall be in­
spected every ninety (90) days by the chief inspector or a district
inspector. The chief inspector shall have the authority to change
the classification of mines of this class as the conditions may
require to maintain them in proper classes.
S ec . 9e. Class E shall include all copper, iron ore, phosphate, class E.
lead, or other materials being mined by shaft, slope, drift, or
otherwise; and mines of this class shall be examined once every
three (3) months by the chief mine inspector or a district in­
spector, and the amount of fresh air supplied by the ventilating
currents for each person and animal employed shall be governed
by the conditions therein, and in no case shall the quantity of the
ventilating currents be increased over that of class “ A ” mines:
Provided, however, That whenever any explosive gases are met
with, the chief inspector shall fix the required amount of the ven­
tilating current per person.
Sec. 10. The owner, operator, or superintendent shall make or Maps,
cause to be made by a competent mining engineer or surveyor, an
accurate map or plan of such mine, not less than a scale of one
hundred (100) feet per inch—where this scale is impracticable,
the chief mine inspector may allow such map to be made on a
scale of two (200) hundred feet per inch—which map shall be as
follow s: First, all measurements shall be in feet and decimal parts
thereof. Second, all of the openings, excavations, shafts, tunnels,
slopes, planes, stopes, stumps, pillars, main entries, cross entries,
airways, rooms, pumps, sump, etc., in each opening, stratum, seam,
or bed of coal or other material, mineral, etc., in such mine. Third,
by darts or arrows made thereon by pencil or pen, showing the
direction of ventilating currents of such mine. Fourth, all doors,
brattices, overcasts, undercasts, regulators, ventilating apparatus,
buildings on outside within two hundred (200) feet of intake air
way. Fifth, an accurate delineation of the boundary lines between
said mine and all adjoining mines, whether owned! by same oper­
ator, and the relation and proximity of said mine to every other
adjoining mine. Sixth, the elevation above some well-established
datum point (sea levels derived from adjacent railroad surveys
to have the preference) of all tunnels, sumps, entries, headings,
and working places adjacent to boundary lines at points not to
exceed three hundred (300) feet apart in each direction.
S ec . 11. A true copy of said map or plan shall be kept at the Same subject,
mine, in the office of the superintendent, for the use of the in­
spectors at least once every six (6) months, or oftener if deemed
necessary by the chief mine inspector or the district mine in­
spectors.
Sec. 11a. The owner, operator, or superintendent of each mine Changes to be
shall cause to be shown accurately on the map or plan of the shownmine all the changes of every character, all the advancements and
excavations made therein during the time elapsing since work
w as last shown on such map or plan; and all parts of such mine
that were worked out or abandoned during said time shall be
clearly indicated by colorings on said map or plan; and whenever
any of the workings or excavations of said mine have been
driven to their destination, a correct measurement and surveys



2044

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

of all such workings and excavations shall be made and recorded
in a survey book and placed on the map or plan prior to the re­
moval of the pillars or any supporting material from such parts
of the mine.
Copy to be Sec. lib . The operator or superintendent of every mine in this
furnished.
State shall within four (4 ) months after the passage of this act
furnish the chief mine inspector of this State (a tracing on muslin,
or a sun print) a correct copy of said map or plan, as hereinbe­
fore provided for.
Additions, etc.
S ec . 11 c. The chief inspector of mines shall, at the end of each
year, or twice a year if required, forward said map or plan to
the owner, operator, or superintendent, whose duty it shall be to
place, or cause to be placed, on said map or plan, all the exten­
sions, worked-out and abandoned parts of the mine that have
been completed during the time since the map was last brought to
date, and return the same to the mine inspector’s office within
sixty (60) days from the time of receiving said map or plan.
Use of copies.
S ec . lid . The copies of the maps or plans of the mines filed
with the chief inspector of the State shall remain in that office as
the official records of the office, and shall be transferred by him to
his successor in office; but in no case shall a copy of said map or
plan be made without the written consent of the owner, operator,
or agent.
F a i l u r e to
s Ec. He. If any operator, owner, or agent of a mine fail or
rurm sn maps. Iiegiecf- t 0 furnish the chief mine inspector with a map or plan of
such mine as provided herein, or should the chief mine inspector
believe that any map or plan so filed is inaccurate or materially
imperfect, then, in either case, the chief mine inspector is duly
authorized to cause a correct survey and map or plan to be made
at the expense of the operator thereof, and the expense shall be
recoverable from said operator as other debts are recoverable by
law: Provided, however, That if the map or plan which may be
claimed by tlie chief inspector to be inaccurate shall prove to be
correct, then the chief mine inspector shall be liable for the ex­
pense incurred in making said test survey and map or plan.
Foremen, etc.,
Sec. 12. It shall be unlawful for any person or persons to act
to be licensed. a s m in e foremen, assistant mine foremen, or fire bosses of any
mine in this State, unless they are registered as holders of certifi­
cates of competency or qualification under this a c t
Exam ination.
S ec . 13. A certificate of competency or qualification to mine
foremen, assistant mine foremen, and gas boss[es] shall be
granted by the secretary of state to every applicant who may be
reported by the examiners, as hereinafter provided, as having
passed a satisfactory examination and given satisfactory evidence
of at least five (5) years’ practical experience in mining, and of
good conduct, capability, and sobriety, and shall be sufficient evi­
dence of his competency. The certificate shall be in manner and
form as shall be prescribed by the secretary of state, and a
record of all certificates issued shall be kept in his department.
Board of exS ec . 14 (as amended by chapter 540, Acts of 1907). For the
aminers.
purpose of the examination of applicants for certificates of quali­
fication the chief mine inspector and district mine inspectors
provided for in this act be, and are hereby, constituted a board of
examiners, of which the chief mine inspector shall be the chairPowers and man. Said board may hold meetings at such times and places for
duties.
the examinations of applicants for the position of mine foremen,
gas bosses, etc., as in its judgment may be most convenient. Said
board shall have power to make such rules and regulations for
the conduct of said examinations as in its judgment may seem
proper for ascertaining the qualification of the applicants, and
shall conduct all examinations in the presence of the majority of
its members. Said board shall report its action to the secretary
of state, and majority of same shall certify to the qualification
of each applicant who satisfactorily passed the examination, and
R e v o c a t i o n o f shall serve without compensation.
The chief mine inspector is
license;
hereby authorized and empowered to revoke and annul the certifi­
cate of any foreman or assistant mine foreman or gas boss or other



LABOR LAWS----TENNESSEE— CODE AND SUPPLEMENT.
foreman or bosses issued under this act upon satisfactory evidence
appearing to him that the holder of said certificate is or has been
guilty of negligence in the performance of his duties, immoral
conduct, or his wanting in integrity, and upon the revocation of
such certificate the chief mine inspector shall make a record of
same in his office, and shall immediately certify the same to the
secretary of the state, who shall record said revocation upon a book
containing a copy of certificate issued. The chief mine inspector
shall notify the holder of such revoked certificate of said revoca­
tion, and the holder of said certificate shall immediately surrender
the said revoked certificate to the chief mine inspector, to be by
him turned over to the secretary of state for cancellation. Should
the holder of said revoked certificate fail or refuse to surrender
the same as herein provided, he shall be deemed guilty of a high
misdemeanor, and, upon conviction, be fined not less than one
hundred dollars ($100) and be imprisoned not less than three
months nor more than eleven months in the county jail or work­
house: Provided, Any foreman, assistant mine foreman, gas boss,
or other foreman or boss whose certificate has been revoked as
herein provided may, within ten days after receipt of the notice
of revocation herein provided for, notify the chief mine inspector
of his desire to be reinstated and have said order of revocation
annulled; and if at the time he shall execute bond, payable to the
State of Tennessee, with good and sufficient security, conditioned!
to pay the costs incident to the proceeding, in the event he is un­
successful in his efforts to be reinstated and set aside the order
of revocation, it shall then be the duty of the chief mine inspector
to fix a day, not later than ten days from such written demand,
[and a place,] which place shall be within the civil district where
the party whose license is revoked lived at the tim e of the revoca­
tion, and at said time and place the chief mine inspector shall
appear and hear such legal evidence as may be offered by such
aggrieved party, as well as such legal evidence as may be offered
in favor of the order of the chief mine inspector revoking his
license, which evidence shall be reduced to writing, and upon such
evidence said chief mine inspector shall pass judgment, either
affirming the order of revocation of the chief mine inspector or
reversing the same; and in the event the order of the chief
mine inspector is reversed, such party shall be reinstated. The
written testimony taken in the case shall be preserved by the
chief mine inspector as a part of the records of his office: Provided, That either party may take the case from the action of
the mine inspector made on said written evidence before the
judge of the circuit court of the county where said trial is had
by writ of certiorari prosecuted within twenty days from the date
of the judgment of said inspector; and in the event of such action,
the chief mine inspector shall cause a certified copy of all the
evidence, as well as the original order of revocation and his
order thereon, made on said written evidence, certified by him
as a true and correct copy of same, to be filed in the office of the
clerk of the circuit court where the said petition for certiorari is
filed, and the case shall thereupon stand for hearing before the
judge of said circuit court upon such certified record at the next
term of the court after the filing of same. The writ of the certio­
rari in such cases may be granted by any judge of the State on
proper petition being presented to him therefor, and upon the
execution of a bond for the costs of the petition in the event that
the same is prosecuted by the party whose license is revoked, the
circuit judge shall pronounce judgment on said certified copy,
either affirming the action of the mine inspector or revoking and
setting aside the same. In all trials of cases of this kind before
the circuit court the mine inspector shall be represented by the
district attorney general, and the party whose certificate has been
revoked shall be entitled to have counsel to represent him as in
other matters of litigation. In the event the party seeking to be
reinstated is unsuccessful in his contention, judgment shall be
rendered by the chief mine inspector in the first instance against



2045

Appeals.

2046

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

said party and the sureties on the bond filed for that purpose for
all costs incident to the proceeding and by the circuit judge for all
costs incident to the prosecution of the writ of certiorari. If the
action of the chief mine inspector is annulled and set aside, either
by the inspector or by the circuit judge, then the costs of the pro­
ceeding shall be certified by the clerk and the judge and the
attorney general to the comptroller of the State for payment out
of the appropriation for the support of the mining department of
the State.
Contents of
Sec. 15 (as amended by chapter 540, Acts of 1907). Said certifi­
certificate.
cate shall contain the full name, age, and place of birth of the
applicant, also the length and nature of his previous experience
in and about coal and other mines, and the secretary of state
shall, without cost, keep a record in his department of all the
certificates issued. Before the issuance of certificates to any ap­
plicant the applicant must give satisfactory evidence to the board
of examiners of his good conduct, honesty, capability, and sobriety,
and shall pay the said board of examiners for the use and benefit
Fees.
of the State the following fees: For conducting the examination
(to be paid for when the examination is held), five dollars ($5);
for the issuance and registration of the certificate, five dollars
($5), to be paid for when issued. All fees collected by virtue of
provisions of this section shall be reported and paid into the State
treasury at the end of the month during which said collections are
made by the board of examiners, to be placed to the credit of the
mining department.
Foremen to
Sec. 16. No coal mine shall be operated for a period longer than
be employed. thirty (30) days without such certificated mine foremen. For all
class “A” and class “ B ” mines the foremen shall hold class “A”
certificates; the assistant foremen may be holders of class “ B ”
certificates. In all mines of class “ C ” and class “ D ” the fore­
men may be holders of class “ B ” certificates, and all gas bosses
shall be holders of class “A” or class “ B ” certificates, which
certificates shall state on the face of same that they are qualified
to act as gas bosses. Any owner, operator, or superintendent oper­
ating a coal mine in this State for thirty days without such certifi­
cated foreman shall, upon conviction of same, be subject to a fine
of twenty-five dollars ($25) per day for each and every day oper­
ated without such foremen or foreman.
Duplicate cer­ Sec. 17. In case of the loss and destruction of a certificate the
tificate.
secretary of state may supply a copy thereof to the person losing
same upon the payment of fifty (50) cents: Provided, It shall be
shown to the satisfaction of the secretary of state that the loss has
actually occurred and the loser was a holder of such certificate.
Sec. 18. If any person or persons shall forge or counterfeit a cer­
Counterfeiting.
tificate, or knowingly make or cause to be made any false state­
ment in any certificate under this act or in any official copy of the
same, or shall urge and influence others to do so, or shall utter or
use any such false certificate or unofficial copy thereof, or shall
make, give, utter, produce, or make use of any false declaration,
representation, or statement in any such certificate or copy thereof,
or any document containing same, he or they shall be guilty of a
misdemeanor and, upon conviction, shall be fined not less than
two hundred dollars ($200) or imprisoned for a term not exceed­
ing six (6) months nor less than three (3) months, or both, at the
discretion of the court.
Acting w ith­ Sec. 19. Any person who shall act as mine foreman, assistant
out license.
mine foreman, or gas boss for a period of more than thirty (30)
days after the passage of this act without being a holder of a cer­
tificate under this act and in accordance with this act, shall be
guilty of a misdemeanor, and upon conviction shall be fined one
hundred dollars ($100) and costs and imprisoned not less than
Proviso.
sixty (60) days, at the discretion of the court: Provided, however,
That certificates granted under the laws of this State prior to the
passage of this act shall be considered good and in full force as if
issued under this act.



LABOR LAWS----TENNESSEE----CODE AND SUPPLEMENT.

2047

S ec . 20. In order to better secure tlie proper ventilation o f
Care of venmines and promote the health and safety of the persons employedtilatlontherein, the operator or superintendent shall employ a competent
and practical inside overseer of each and every mine, to be called
“ mine foreman.” Said mine foreman shall be licensed as herein­
before required by this act, and his license as such shall be suffi­
cient evidence of his competency. He shall be a citizen of the
United States, and he shall devote the whole of his time to the . D u t i e s of
duties at the mine wrhen in operation (or in case of his absence, mine foreman*
an assistant chosen by him ), and shall keep a careful watch over
the ventilating apparatus, airways*, entries, traveling ways, tim­
bers, pumps, and drainage, that as the miners advance their
excavations all dangerous coal, slate, or rock overhead is taken
down or secured against falling, and that sufficient props, caps,
and timbers are kept at some convenient point near the mine en­
trance, which shall be selected and loaded on the cars by the
miners, and shall then be hauled to the mouth of the room or face
of the entry where he is working.
Sec. 20a. The mine foreman shall see that all break-throughs A i r w a y s ,
are made in accordance with this act, as follow s: In all class ^ines^1 class A
“A” mines, no entry or airway shall advance over sixty (60) feet
’
from the last completed break-through and air current without
written special permission of the chief mine inspector, who shall
designate the distance and the manner such entry or airway shall
be advanced, and such permission shall be given only in cases
where necessary to make some connection with other parts of the
works or surface for improvement in ventilation or drainage;
and break-throughs between rooms, or “ pillars ” break-throughs
shall not be over seventy-five (75) feet apart, measuring the first
room from entry or airway.
S ec. 20b. In all class “ B ” mines, the entries or airways shall in class B ;
not be advanced over sixty-seven and one-half (6 7 i) feet from
last completed break-through and air current; and all break­
throughs between rooms or “ p illars” break-throughs shall not
exceed eighty-two and one-half (82J) feet apart, measuring from
the nearest entry or airway for the first break-through.
Sec. 20c. In all class “ C ” and class “ D ” mines the entries and in classes C
airways shall not be driven over seventy-five (75) feet in ad -a
*
vance of the last completed break-through or air current; and
break-throughs between rooms or “ p illars” break-throughs shall
not exceed ninety (9 0 ) feet apart, measuring from the nearest
airway or entry.
Sec. 20d. In all class “ E 9 mines the method of ventilating and In class E9
directing the ventilating current shall be determined by the chief
mine inspector, as the case may require and the health and safety
of the persons therein employed demand.
Sec. 20e. In all classes of mines the chief inspector, in conjunc- chJ \ ° T e r t0
tion with the mine foreman, may increase or decrease all the
distances above provided for when by them deemed expedient.
Sec. 20f (as amended by chapter 540, Acts of 1907). Said mine asrant0 Totmem
foreman is hereby expressly declared to be the agent or repre- pf0yer.
sentative of the operator or owner of the mine in the discharge
of the duties required of said mine foreman by this act.
Sec. 20g. It shall be the duty of the mine foreman or foremen D u t i e s o;
to see that the provisions of this section [sections 20- 20f, as above foremangiven], and! the other duties herein defined are faithfully dis­
charged and carried out; and in case of his or their failure to
comply with such provisions, and upon conviction he or they shall
be subject to a fine of one hundred dollars ($100) each and im­
prisonment for a period of not less than ninety (90) days, at the
discretion of the court.
Sec. 21. In all mines termed! and designated as class “A” by Gas boss,
the chief mine inspector, there shall be employed one (1) or more
gas bosses, as conditions, extent or workings, and other circum­
stances may require, who shall examine every place before each
shift of workmen enter the mine, for the presence of fire damp and
other dangers to persons employed therein.




2048

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

Tests.

Sec. 21a. Such gas bosses shall make all examinations with an
improved test lamp that is satisfactory to the chief mine inspector.
[See section 21d.]
Dangerous
Sec. 21b. When fire damp or other dangers are found to exist in
places.
a person’s working place or any part of the mine, the fire boss
shall place some obstruction at a safe distance from the dangers
found to exist in a working place or other part of the mine, and
place a board at such point, on which he shall designate the char­
acter of the danger found to exist, together with the date and time
of examination. Such obstruction shall be sufficient notice to all
persons not to pass, except it be in the presence of the mine boss
or gas boss, and then only for the purpose of removing the dangers
found to exist there.
Certificate.
Sec. 21c. The person or persons acting as gas boss or gas bosses
shall have received a certificate of competency, as required by this
act, which shall be sufficient evidence of his competency.
Safety lamp.
S ec . 21d. In no case while making examinations shall the gas
boss use any other light than that inclosed as a safety lamp.
[See section 21a.}
Time of ingE > 21e. In all cases such examinations shall be begun within
C
spection.
three (3 ) hours of the time that each shift commences work; and
it shall be the duty of the gas boss to leave some evidence of
having examined each and every working place throughout the
mine at the working place as may be agreed upon between the
chief mine inspector and the gas boss.
Abandoned
gEC 21f. The gas boss shall also examine the entrances to
parts.
worked-out or abandoned parts of the mine that are adjacent to
working places and roadways, where fire damp is likely to accu­
mulate.
Danger sig- Sec. 21g. Where danger is found to exist he shall place danger
nals*
signals at such places which shall be sufficient warning for all
persons not to pass such signals. At each and every entrance of
a class “A” mine, allowed to be used as a traveling way, there
shall be placed a blackboard, not less than twenty (20) by thirty
(30) inches; and it shall be the duty of the superintendent, mine
foreman, or gas boss to display a danger signal at the end of each
shift; and no person shall pass such board when such signal is
displayed, except the superintendent, mine foreman, or gas boss
while in the discharge of their duties, or by their orders in case of
necessity. Said danger signal shall remain there until the mine
has been carefully examined by the gas boss, who shall remove
said signal and state where he has found any danger in the mine
and its nature.
[See section 21b.]
Record.
Sec. 21h. Immeidately [sic] after each examination the fire boss
shall enter in a book supplied by the chief mine inspector, and kept
at the office of the operator nearest the mine, the exact condition he
has found in the mine, and the location of and the nature of any
danger found to exist; and said book shall at all times be open
to the examination of the chief mine inspector or district mine
inspectors.
Stoppage of Sec. 21i. In all class “A” mines where operations are temporawork.
rily suspended, or if the ordinary current of air throughout the
mine be stopped, all entrances to the mine shall be fenced off by
the mine foreman and a danger signal placed on such fence, and it
shall be unlawful for any person or persons to pass such danger
signal until the circulation of air is restored and the mine has
been examined as hereinbefore required.
Violations.
Sec. 21j. Any disregard of this section [sections 21-21k, as here
given] by any person or persons shall be a misdemeanor; and it
shall be the duty of the mine foreman or the gas boss to forthwith
notify the chief mine inspector, who shall enter legal proceedings
against such person or persons, and any conviction under this sec­
tion [sections 21- 21k, as here given] shall subject such person or
persons so convicted to a fine of fifty dollars ($50) and costs or
imprisonment not to exceed ninety (90) days, at the discretion of
the court.



LABOR LAWS----TENNESSEE----CODE AND SUPPLEMENT.

2049

S ec . 21k (as amended by chapter 540, Acts of 1907). Said gas
G as boss
boss is hereby expressly declared to be the agent or representa- pfoyer
em’
tive of the operator or owner of the mine in the discharge of the
duties required of said gas boss by this act.
S ec . 22. In order to better protect human life and property in Safety lamps,
class “A” mines in this State, the chief mine inspector is hereby
given authority to cause any such mine to be worked exclusively
with safety lamps and to make rules and regulations for the
safety of the mine and safety of the persons employed in such mine
not inconsistent with this act. The safety lamps so used shall
be the property of the operator of such mine, and shall be in care
of some competent person designated by the superintendent or
mine boss, who shall clean, trim, fill, lock, and examine each lamp
carefully and deliver same to the persons employed in the mine
as they enter, and shall receive the same from the men at the end
of each shift, for which service a charge not exceeding the cost of
material and labor may be made by the operator against persons
using such safety lam ps; and a sufficient number of extra safety
lamps shall be kept at each mine in case of an emergency—the
number shall not be less than twenty (20) per centum of the num­
ber actually in use during each shift—and it shall be the duty of
every person using a safety lamp, who knows his lamp to be in­
jured or defective in any manner, to promptly report such fact to
the party authorized to receive and care for same, and it shall be
promptly reported to the mine forem an: Provided, further, That
all safety lamps used shall be of a character approved by the chief
mine inspector, who shall place all mines using safety lamps under
special rules, as conditions may require; and such rules shall not
in any manner conflict with this act. Any operator of mines neg­
lecting to carry out the provisions of this section when ordered by
the chief mine inspector, or any person using a safety lamp known
to be dangerous or.defective or refusing to maintain the extra
lamps as above required, shall, upon conviction, be subject to a
fine of fifty dollars ($50) and all costs for each and every case.
S ec . 23. Every class “A” mine, whether using safety lamps or
Number of
not, shall be required to keep and maintain at least twenty-five
ps‘
(25) safety lamps for use in case of an emergency, and such lamps
shall be in condition for immediate use at all times. Any operator
refusing to provide and maintain such lamps shall, upon convic­
tion, be subject to a fine of fifty dollars ($50) and costs for each
and every refusal.
S ec . 24. At all class “A ” mines a suitable and uniform record
Record book,
book shall be provided from the chief mine inspector’s office in
which the gas boss or gas bosses shall enter on completion of each
examination the finding and examination, showing the exact na­
ture of any danger discovered, its location, and its extent, which
report shall be signed by the fire boss or gas boss making the ex­
amination.
S ec . 24a. The gas boss shall promptly report such danger or R e p o r t of
dangers to the mine foreman, whose duty it shall be to remove danger,
the danger as far as practicable forthwith.
S ec . 24b. It shall be the duty of the mine foreman to counter- Books,
sign the gas boss’ report in said book each day, and he shall keep
and maintain a record of every danger found to exist in such mine
that has come under his immediate attention and not reported by
the gas boss during that day or any other time; and these books
shall at all times be open to the inspection of the chief mine
inspector or the district inspector; also there shall be kept and
maintained a record of all air measurements made each week.
S ec . 24c. Any refusal or neglect to comply with this section violation,
[sections 24-24d, as here given] of this act shall be deemed a
misdemeanor; and upon conviction the party whose duty it is to
comply with this section [sections 24-24d, as here given] shall be
subject to a fine of fifty dollars ($50) and costs for each and
every case.
Sec. 24d. It shall be the especial duty of the district mine in- Bo9ks to be
spector to carefully examine these books at each examination and examm
39387°—Bull. 148, pt 2—14------53




2050

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

report tlieir contents to tlie cliief mine inspector's office, should
they contain a record of any danger not heretofore reported.
Ventilation to
S ec. 25. It shall be the duty of the mine foreman to measure the
be recorded.
ventilating currents at places throughout the mine designated by
the chief mine inspector or the district mine inspector, and a
record of all such measurements shall be kept and maintained at
the office of the mine nearest to the mine. Such measurements
shall be made each week and promptly recorded in said book;
and at the end of each month they shall be reported to the office
of the chief mine inspector upon blanks supplied by that office for
such purposes, together with the output of the mine, number of
persons and animals employed inside and outside of the mine, the
number of days the mine was in operation, the amount of powder
and dynamite consumed, and such information deemed necessary
to formulate useful and proper statistics of the mining business
of this State; and the owner or operator shall provide an ac­
curate anemometer to the foreman to make such measurements
with, and any such person making false returns of such measure­
ments shall be deemed guilty of an offense against this section.
Accidents.
g E a 25a. Whenever loss of life occurs by accident or explosion,
the superintendent or foreman in charge shall give immediate
notice to the chief or district mine inspector and to the coroner
of the county in which the mine is situated, and the coroner shall
hold an inquest upon the body or bodies of the person or persons
whose death has been caused, and inquire carefully into the cause
thereof, and shall return a copy of the findings and all the testi­
mony to the chief mine inspector.
Investigation.
S ec . 25b. Whenever loss of life or serious personal injury re­
sults from an explosion or accident, the place where it occurred
shall be left as it was immediately after the accident occurred
until the arrival of the inspector to investigate the case, unless a
compliance with this enactment would tend to increase or continue
the danger or would impede the working of the mine.
Reports.
Sec. 25c. It shall be the further duty of every owner, superin­
tendent, or foreman to report the facts in the following cases
promptly: First, where any change occurs in the name of any
mine or in the name of any owner, agent, manager, superin­
tendent, foreman, assistant foreman, or gas boss of any mine or
the officers of any incorporated company which owns and operates
a mine in this State. Second, where any working commenced for
the purpose of opening a new shaft, slope, or mine to which this
act w ill apply. Third, where any mine is abandoned or the work­
ing thereof is discontinued indefinitely. Fourth, where the work­
ing of any mine is recommenced after any abandonment or dis­
continuance for a period of two (2 ) months. Fifth, where a
squeeze or crush or any other cause or change may seem to affect
the safety of persons employed in any mine or where fire occurs,
or a dangerous body or feeder of gas is found in any mine. Sixth,
for any violations of the provisions of this act by any person or
persons, with names, dates, and witnesses, of any neglect, intem­
perance, or bad conduct on tlie part of the district mine inspectors.
Seventh, whenever the works of any mine are approaching old
workings which may contain water or gas in sufficient quantity
to jeopardize the life of persons employed therein.
Violations.
Sec. 25d. Any offense against this section [sections 25-25d, as
here given] or the neglect or failure of persons so required to
make reports, shall be deemed an offense against this section
[sections 25-25d, as here g iv e n ]; and such offense shall be deemed
a misdemeanor, and upon conviction the party guilty of such
offense shall be subject to a fine of fifty dollars ($50) and costs.
Negligence of g Ea 28. For any neglect or dereliction of duty on the part of
inspectors.
^ ch ief inspector or district inspectors, he or they may be sum­
marily dismissed by the governor and their successors by him
appointed to fill the vacancies thus created.
Two openings S ec . 27. It shall not be lawful for the operator, superintendent,
required, when. or mine foreman of any mine to employ more than twenty (20)
persons within said mine or permit more than twenty (20) per


LABOR LAWS— TENNESSEE— CODE AND SUPPLEMENT.
sons to be employed therein, at any one time, unless sueli persons
are in communication with at least two (2 ) available openings
to the surface or outside from each seam, vein, stratum, or bed
of material being mined exclusive of any upcast or slope from a
furnace; and in all shaft mines and slope mines where slope is
greater than twenty (20) degrees, the two (2 ) openings shall be
at least one hundred and fifty (150) feet apart, separated by
natural strata and maintained for the purpose of ingress and
egress of the persons employed therein, and must be available
for that purpose at all times unless in the judgment of the chief
mine inspector that distance is impracticable, then the mine
inspector shall fix the distance: Provided, That this shall apply
to air courses already located: B ut provided, That any mine
operated by shaft or a slope of over twenty (20) degrees and the
extent of the workings does not exceed ten thousand (10,000)
square yards in area, and is ventilated by a fan, and the shaft
or slope is divided into two or more compartments, one of them
may be used for an airway, the other for the purpose of ingress
and egress from and into said mine by the persons therein em­
ployed; and the same shall be considered in compliance with
this statute so long as no marsh gas is liberated and the work­
ings are not dry and dusty, but when such conditions are dis­
covered the number of persons allowed to work in such mine
shall be designated by the chief mine inspector, as the conditions
may warrant, and the mine placed in its proper class; and the
second opening shall be made, separated from the first opening
by one hundred and fifty (150) feet or more of natural strata, if,
in the judgment of the chief mine inspector, it is practicable to
do so; if not, the second opening shall not be less than fifty (50)
feet from the first opening, separated by natural strata; but
this shall not apply when such mode of ingress and egress is
available through an adjacent mine connected for that purpose
and maintained in a proper manner to be at air times available
for such purpose. Any neglect or refusal to provide such opening
in accordance with the provisions of this section shall be deemed
an offense agaents [sic] this a c t; and the chief mine inspector may
order the suspension of work in such mines, limiting the number
of employees therein and the time for completion of the second
opening; and in case of the refusal of the owner, superintendent,
or mine foreman to comply with the chief mine inspector’s orders
in such cases, he or they shall be deemed guilty of a misde­
meanor, and upon conviction, shall be subject to a fine of twentyfive dollars ($25) per day for each and every day that the mine is
operated contrary to orders of said mine inspector.
Sec. 28. In every shaft mine or slope mine exceeding twenty
(20) degrees, a compartment shall be provided in one of the two
openings for the ingress and egress of persons employed therein;
and such compartment shall not be clogged or obstructed by ice,
machinery, pumps, pipes, or currents of heated air and steam ; and
if the opening is a shaft, it shall be fitted with safe and con­
venient stairs not less than two (2) feet wide and not to exceed
an angle of sixty (60) degrees descent, and landings of not less
than twenty (20) inches wide and four (4) feet long at easy and
convenient distances; and all water coming from the surface and
out of the starata [sic] in the shaft shall be conducted by rings,
casings, or otherwise, and be prevented from falling down the
shaft and wetting persons who are ascending or descending the
shaft stairway.
Sec. 28a. If the second opening is a slope for a traveling way, it
shall have a stairway, if the slope is over twenty (20) degrees in
pitch, and may be any depth. When the seam, vein, stratum, or
bed of material being worked exceeds seventy-five (75) feet in
vertical depth at the main shaft, the persons employed in such
mine shall be lowered into and out of the mine by machinery; and
when employees are lowered into said mine at the main outlet',
the escapement shaft shall be fitted with safe and available ma


2051

Provisos,

Shaft to be
open-

Me a n s
ve *

of

2052

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

chinery or safe and convenient stairs, by which persons employed
in the mine may readily escape in case of accident.
Hoisting maSec. 2Sb. The hoisting machinery and stairs used for lowering
chinery.
the employees into and out of the mine shall be kept in a safe
condition and inspected once each twenty-four (24) hours by a
competent person employed in whole or in part for that purpose;
and such inspection [of] stairs and machinery shall be approved
by the district mine inspector of the district wherein the mine is
situated: Provided, That the requirements of this section shall not
be applicable to stairways now in use when, in the judgment of
the inspector, they are sufficient.
Speaking
S ec . 28 c. The owner, superintendent, or foreman shall provide
tubes, etc.
and maintain a metal tube from top to bottom of the shaft, or a
telephone system, through which conversation may be held be­
tween persons at top and bottom of the shaft; also the ordinary
means of signaling to and from the bottom of the shaft, and an
improved safety catch and a sufficient metal covering overhead on
every carriage used for lowering and hoisting persons; and the
Safety cages, said owner, superintendent, or foreman shall see that sufficient
flanges are attached to the sides of every drum and every machine
used for lowering and hoisting persons into and out of a mine, and
also that adequate brakes are attached to the drum. The main
coupling or socket attached to the rope supporting the cage shall be
made from the best quality of iron, and shall be tested by weights
or otherwise to the satisfaction of the district mine inspector;
and no greater number of persons shall be lowered or hoisted at
any one time than may be permitted by the mine inspector of the
district, and notice of the number so allowed to be lowered or
hoisted at any one time shall be kept posted up by the owner,
superintendent, or foreman of each mine in a conspicuous place
near the shaft.
Violations.
S ec . 2Sd. Any neglect or refusal to comply with the provisions
of this section shall constitute an offense against this section; and
upon conviction, the owner, superintendent, or foreman shall be
subject to a fine of fifty dollars ($50). Upon the conviction of any
one of the above persons of neglecting or refusing to comply with
the provisions of this section, the chief mine inspector shall have
authority to close down the mine and suspend all operations until
the provisions of this section are complied with.
Shelter holes. Sec. 29. In all slopes exceeding twenty (20) degrees and where
the main haulage way is used for a traveling way, “ shelter
holes ” shall be made in the sides of entries or slope, not exceed­
ing twenty (20) yards apart; and these shall be maintained safe
from loose material on sides and top, in order that persons travel­
ing said roadwaj^s may avoid danger from passing trips of mine
cars. In all shaft mines there shall be cut out around the sides
or driven through the solid strata at the bottom of such shaft, a
traveling way not less than five and one-half (5i) feet high and
five (5) feet wide, to enable persons to pass the shaft in going to
one side or the other without passing over or under the cage or
other hoisting apparatus. The neglect or refusal of persons in
charge of a mine to comply with the provisions of this section
shall be deemed a misdemeanor, and upon conviction they shall
be fined twenty-five dollars ($25) for each day the mine is
operated contrary to the provisions of this section: Provided,
That that part of this section applying to ingress and egress shall
not apply to class “ E ” mines under the classification of this act,
when other means of ingress and egress may be had.
Dusty minea
Sec. 80. In all class “ B ” mines it shall be the duty of the
owner, superintendent, or operator to remove any and all danger­
ous accumulations of dust from the mine and see that all travel­
ing wrays, haulage ways, and working places are maintained in a
safe and) moist condition by sprinkling, spraying, saturating the
sides and bottom and other places with water or otherwise, so as
to maintain the mine in a safe condition from dust explosions;
and in any mine the mine inspector is hereby invested with au­
thority to cause the owner, superintendent, or foreman to take the



LABOR LAWS— TENNESSEE— CODE AND SUPPLEMENT.

2053

necessary precautions to prevent such explosions. In case of
neglect or refusal to obey the instruction and orders given them
or the provisions of this section, they shall be deemed guilty of
a misdemeanor, and upon conviction shall be fined not less than
one hundred dollars ($100) nor more than five hundred dollars
($500), at the discretion of the court.
Sec. 31. The chief mine inspector or the district mine inspectors Buies.
shall formulate rules and regulations in conjunction with the
superintendent and mine foreman of each mine, controlling the
number of shots within certain limits, time, and manner of firing
same, manner of preparing the shots, and the amount of powder
to be used within certain lim its; and such rules shall be posted
at or near the entrance of each mine, and any person violating
such rules shall be deemed guilty of a misdemeanor, and upon
conviction shall be fined not less than twenty-five dollars ($25)
nor more than two hundred dollars ($200) and imprisoned at the
discretion of the court.
Sec. 32. Whoever violates any of the provisions of this act or Violations.
does any act whereby the health or life of persons or the security
of any mine and machinery is endangered, or any miner, or other
person employed in any mine covered by this act who neglects or
refuses to securely prop the roof of any working place under his
control, or neglects or refuses to obey any order given by the super­
intendent or foreman of a mine in relation to the security of
the mine in the part thereof where he is at work or along the
roadway to his room or working place, or any miner, workman,
or other person who shall knowingly , injure any water gauge, in­
strument, air course, ventilating apparatus, door, brattice, or
shall obstruct or throw open any airway, or shall handle or
disturb any part of the machinery of the hoisting engine or
drainage plant, or open a door of the mine and not have same
closed again, whereby danger is produced to either the mine or
those at work therein, or who shall enter any part of the mine
against the caution or danger signal, or who shall disobey any
order given in pursuance of this act, or who shall do any w illful
act whereby the lives and health of the persons working in the
mine or the security of the mine or property connected therewith
or the machinery inside and tor] outside of the mine is en­
dangered or injured, shall be guilty of a misdemeanor, and upon
conviction shall be fined not less than fifty dollars ($50) nor
more than five hundred dollars ($500) and all costs, and im­
prisoned at the discretion of the court.
S ec . 33. The operator, superintendent, or foreman of any class Ventilation.
“A” mine in this State shall arrange the approach to the fan or
ventilating apparatus with explosion doors, which, in case of an
explosion, w ill be thrown open and assist in preventing the de­
struction of the fan or ventilating apparatus; and the mine shall
be divided into splits or districts, and the ventilating current enter­
ing such a district from the main inlet current and passing through
such a district, shall be conducted to the main return airway with­
out passing through the works of another district or in any man­
ner supplying persons outside of that district; and all main doors
between such districts shall be in duplicate, the second, or dupli­
cate, to be used in case of damage or destruction of the first one.
It shall be unlawful to work more than fifty (50) men and eight
(8) mules on or in any split or district unless, in the judgment of
the chief mine inspector, it is impracticable to comply with this
section. It shall be the duty of the chief mine inspector to see
that the provisions of this section are carried out, and in case of
refusal or neglect of the owner, superintendent, or operator to com­
ply with these provisions, the mine inspector may remove all per­
sons from the mine and close the works, or partially do so, until
they are in compliance with these provisions.
Sec. 34. It shall be unlawful for any person to ride on a loaded R i d i n g on
trip or cage in any mine[,] other than those whose duty compels loaded cage.
them to do so, and a violation of this section shall be deemed a
misdemeanor, and upon conviction the person or persons violating



2054

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

Fee for in‘
spection.

Reports.

this section shall be subject to a fine of twenty-five dollars ($25)
and costs.
S ec . 35 (as amended by chapter 540, Acts of 1907). All owners
or operators of coal, metal, or other mines required to be inspected
by this act, or which may hereafter be required by law to be in­
spected by the chief mine inspector or a district mine inspector,
shall pay to the comptroller of the State of Tennessee for the use
of the State a fee for each inspection of mines as follow s: Mines
employing an average of 100 inside employees or over, $3 5 ; mines
employing an average of 75 to 99 inside employees, $30; mines
employing an average of 50 to 74 inside employees, $25; mines
employing an average of 25 to 49 inside employees, $20; mines
employing an average of 15 to 24 inside employees, $15; mines
employing an average of 10 to 14 inside employees, $10; mines
employing an average of less than 10 inside employees, $5: Pro­
vided, That not more than four (4) inspection fees shall be
charged and collected from the owner or operator of any one mine
for any one year.
S ec . 35a. The inspection fees herein prescribed shall be paid to
the comptroller of the State at the end of each y ea r; and for the
purpose of collecting the same the owners or operators of coal,
metal, and other mines in this State inspected by the chief mine
inspector, or the district mine inspectors, shall prepare a sworn re­
port to the comptroller of the State of Tennessee on the first day
of January of each year, showing the monthly average number of
employees of every character working inside of mines operated
during the preceding year or any part thereof, also the number of
inspections made by the chief mine inspector or the district mine
inspectors during that year, and shall forward such reports to the
comptroller of the State, together with the fees due the State, as
herein prescribed. The chief mine inspector shall make a report
to the comptroller of the State on the first day of January of each
year, showing the number of inspections made during the preced­
ing year and the fees due the State from each mine, with the name
of the owner or operator of each mine. In the event of the fail­
ure or refusal or [of] any owner or operator to pay the fees as
prescribed herein, it shall be the duty of the State comptroller to
collect said fees by distress warrant or otherwise. The fees col­
lected under the provisions of this act shall be credited by the
comptroller to the account of the mine inspection department of
the State.
(Chapter 92, Acts of 1901.

Test.

Supplement, p. 501.)

S ec t io n 1. Only a pure animal or vegetable oil, or other oil as

^ illu m in a tin g

free from smoke as a pure animal or vegetable oil, and not the
product or by-product of rosin, and which shall, on inspection,
comply with the following test, shall be used for illuminating
purposes in the mines of the State: All such oils must be tested
at 60 degrees Fahrenheit. The specific gravity of the oil must
not exceed 24 degrees Tagliabue. The test of the oil must be
made in a glass jar one and five-tenths inches in depth. I f the oil
to be tested is below 45 degrees Fahrenheit in temperature, it
must be heated until it reaches about 80 degrees Fahrenheit, and
should the oil be above 45 degrees and below 60 degrees Fahren­
heit, it must be raised to a temperature of about 70 degrees Fahren­
heit, when, after being well shaken, it should be allowed to
cool gradually to a temperature of 60 degrees Fahrenheit before
finally being tested. In testing the gravity of the oil, the Tag­
liabue hydrometer must be, when possible, read from below, and
the last line which appears under the surface of the oil shall be
regarded as the true reading. In case the oil under test should
be opaque or turbid, one-half of the capillary attraction shall be
deemed and taken to be the true reading. Where the oil is tested
under difficult circumstances, an allowance of one-half degree may
be made for possible error in parallax, before condemning the oil,
for use in the mine.




LABOR LAWS----TENNESSEE----CODE AND SUPPLEMENT.

2055

All oil sold to be used for illuminating purposes in the coal Barrels to be
mines of this State shall be contained in barrels or packagesbranded*
branded conspicuously with the name of the dealer, the specific
gravity of the oil, and the date of the shipment.
S ec . 2. Any person or persons, firm, or corporation, which ships Penalty,
any oil contained in any barrel or barrels, package or packages,
which are not branded as prescribed in section 1, said oil to be
used for illuminating purposes in coal or other mines; and any
person or persons, firms, or corporations, which sell any oil other
than that prescribed in section 1, to be used for illuminating pur­
poses in coal mines; and any person, firm, or corporation having
in charge the operation or running of any coal mine, under his or
its charge, [who] uses or permits the use of any oil other than that
prescribed in section 1, and any miner or mine employee who uses,
with a knowledge of its character, in any coal mine in this State,
any other oil than that prescribed in section 1, shall be guilty of
a misdemeanor, and on conviction, shall be fined for each offense
not less than fifty nor more than two hundred dollars, or shall be
imprisoned in the county jail not less than three nor more than
twelve months, or by both such fine and imprisonment.
S ec . 3. It shall be the duty of the State mine inspector, in per- inspection,
son, or by some person designated by him, to inspect oils being
used by mines to determine if the grade is of the standard de­
scribed in section 1 of this a c t; said inspection to be made at the
pleasure of the coal mine inspector, or person designated by him.
Should he find the grade of oil used below the grade fixed in this
act, he shall notify the owner, agent, or operator of the mine, and
also notify the miners using the oil, that the quality is inferior,
and if change is not made as soon as practicable, he shall notify
the prosecuting attorney of the county in which the mine is lo­
cated, giving him all the facts, and the prosecuting attorney shall
forthwith proceed to enforce the provisions of this act.
Exemption of wages from attachm ent, etc.
(Chapter 590, Acts of 1903.

Supplement, p. 745.)

S e c t io n 1. Wages earned out of this State and payable out of Wages earned
this State shall be exempt from attachment or garnishment in all ° u t s i d e of
cases, where the cause of action arose out of this State, and it a e*
shall be the duty of garnishees in such cases to plead such exemp­
tion unless the defendant is actually served with process.

Protection of employees as voters.
(Chapter 14, Acts of 1899.

Supplement, p. 835.)

S ec t io n 4a. It shall be unlawful for any employer, either cor- inclosures in
poration, association, company, firm, or person, in paying its, their, pay envelopes,
or his employees the salary or wages due them, to inclose their
pay in “ pay envelopes ” on which there is [are] written or printed
any political mottoes, devices, or arguments, containing threats,
express or implied, intended or calculated to influence the political
opinion, views, or actions of such employees.
Sec. 4b. Nor shall it be lawful for any employer, either corpora- Handbill s,
tion, association, company, firm, or person, within ninety days of etcany election provided by law, to put up or otherwise exhibit in its,
their, or his factory, workshop, mine, mill, boarding house, office,
or other establishment or place where its, their, or his employees
may be working or may be present in the course of such employ­
ment, any handbill, notice, or placard, containing any threat,
notice, or information, that in case any particular ticket or candi­
date shall, or shall not be elected, work in its, their, or his estab­
lishment shall cease in whole or in part, or its, their, or his work­
men be reduced; or other threats, express or implied, intended or
calculated to influence the political opinions or actions of its,
their, or his employees.




2056

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

Penalty.

gEc. 4d. Any person or persons, or corporation violating any of
the provisions of this section [sections 4a and 4b] shall be deemed
guilty of a misdemeanor; and any person, whether acting in his
individual capacity or as an officer or agent of any corporation, so
guilty of such misdemeanor shall be punished as hereinafter
prescribed.
Use of force,
S ec . 5. It shall be unlawful for any corporation or any officer or
violence, eto.
agent of any corporation to influence or attempt to influence, by
force, violence, or restraint, or by inflicting or threatening to in­
flict any injury, damage, harm, or loss, or by discharging from
employment or promoting in employment, or by intimidation, or
otherwise in any manner whatever, to induce or compel any em­
ployee to vote or refrain from voting at any election provided by
law, or to vote or refrain from voting for any particular person
or persons, measure or measures, at any such election. Any such
corporation, or any officer or agent of such corporation, violating
any of the provisions of this section, shall be deemed guilty of a
misdemeanor and be subject to the penalty hereinafter provided,
and in addition thereto, any corporation violating this section
shall forfeit its charter and right to do business in this State.
Penalty.
S ec . 7. * * * any corporation or agent of a corporation,
guilty of any offense herein made a misdemeanor, shall, upon
conviction, be punished by a fine not exceeding one thousand
dollars. * * *
Employment of labor—False representations—Hiring armed
guards.
(Chapter 104, Acts of 1901.

Supplement, p. 843.)

S ec t io n 1. It shall be unlawful for any person, persons, comS’ pany, corporation, society, association, or organization of any kind
doing business in this State by himself, themselves, his, its, or
their agents or attorneys, to induce, influence, persuade, or engage
workmen to change from one place to another in this State, or to
bring workmen of any class or calling into this State to work in
any of the departments of labor in this State through or by means
of false or deceptive representations, false advertising or false
pretenses, concerning the kind and character of the work to be
done, or amount and character of the compensation to be paid for
such work, or the sanitary or other conditions of the employment,
or as to the existence or nonexistence of a strike, or other trouble
N o t i c e of pending between employer and employees, at the time of or prior
strike.
to such engagement. Failure to state in any advertisement, pro­
posal, or contract for the employment of workmen that there is a
strike, lockout, or other labor troubles at the place of the proposed
employment, when in fact such strike, lockout, or other labor
troubles then actually exist at such place, shall be deemed as
false advertisement and misrepresentation for the purposes of
this act.
Penalty.
s Ec. 2. Any person, persons, company, corporation, society, asso­
ciation, or organization of any kind doing business in this State,
as well as his, their, or its agents, attorneys, servants, or associ­
ates, found guilty of violating section 1 of this act, or any part
thereof, shall be fined not less than $500, or confined in the county
jail not exceeding one year, or both, where the defendant or de­
fendants is or are a natural person or persons.
Hiring armed gE > g. Aiiy person or persons who shall in this or another State,
C
gu
*
hire, aid, abet, or assist in hiring, through agencies or otherwise,
persons to guard with arms or deadly weapons of any kind for
any such purpose, without a permit from the governor of this
State, shall be guilty of a felony, and on conviction thereof, shall
be imprisoned in the penitentiary not less than one year, nor more
than five y ears: Provided, That nothing contained in this act shall
be construed to interfere with the right of any person, persons,
company, corporation, society, association, or organization in
guarding or protecting their private property or private interests,
Deceptive rep-

etc?e




LABOR LAWS----TENNESSEE— CODE AND SUPPLEMENT.
as is now provided by la w ; but this act shall be construed only to
apply in cases where workmen are brought into this State, or in­
duced to go from one place to another in this State by any false
pretenses, false advertising, or deceptive representations, or
brought into this State under arms, or removed from one place to
another in this State under arms.
S ec. 4. Any workman of this State, or any workman of another,
who has or shall be influenced, induced, or persuaded, to engage
with any persons mentioned in section 1 of this act, through or by
means of any of the things therein prohibited, each of such work­
men shall have a right of action for recovery of all damages that
each such workman has sustained in consequence of the false or
deceptive representations, false advertising, and false pretenses
used to induce him to change his place of employment, against
any person or persons, corporations, companies, or associations,
directly or indirectly, causing such damages, and in addition to all
actual damages such workmen may have sustained, shall be enti­
tled to recover such reasonable attorney’s fees as the court shall
fix, to be taxed as costs in any judgment recovered.

2057

Damages,

ACTS OF 1905.
C hapter 159. —Inspection and regulation of bakeries.
S ection 1. Chapter 401, of the Acts of 1899 [relating to the
Bakeries as
inspection of factories, etc., pp. 2036, 2037, above], is hereby, workshops,
amended to make the word “ workshop,” whenever the same shall
appear therein, include bakeries, whether the same be run by
machinery or not.
C hapter 171 (as amended by chapter 45, Acts of 1913).—Seats

for female employees.
S ection 1. Every person, firm, or corporation employing females
Seats_ to be
in any factory, mercantile establishment, mill, or workshop in this provi d*
State, shall provide a suitable seat for each female employee, and
shall permit the use of such seats by them when they are not
necessarily engaged in the active duties for which they are em­
ployed ; and shall permit the use of such seat [seats] at all times
when such use would not actually and necessarily interfere with
the proper discharge of the duties of such employees, and wherever
practicable, such seats shall be made a permanent fixture.
S ec . 2. Any person, firm, or corporation violating this act, or Violations,
any of the provisions thereof, shall be guilty of a misdemeanor,
and upon conviction shall be fined in a sum not less than ten dol­
lars ($10) nor more than one hundred dollars ($100) for each
violation thereof.

ACTS OF 1907.
C hapter 256. —Employment of children to support parents in

idleness.
S ection 1. The following persons are and shall be defined and Who are vapunished as vagrants, v iz :
grants.
*

*

*

*

*

*

*

(n) All persons who, though able to work, fail to do so, but hire
out their minor children, or allow them to be hired out, and sub­
sist upon their wages.
*
*
*
*
*
*
*
C hapter 308.—Employment of women and children—Hours of

labor.
S ection 3. It shall be unlawful for any person, firm, or corpora- sixty hours
tion to employ in any manufacturing establishment in this State per week.




2058

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

Violation.

any female, 01* any eliild under the age of sixteen years, more
than sixty (60) hours in any one week.
Sec. 4. Every violation of this act is hereby declared to be a
misdemeanor punishable by a fine of not less than twenty-five
($25) dollars and not more than one hundred ($100) dollars for
each offense.
C h a p t e r 541.—Private employment offices.

Tax assessed.

S ec t io n 4. Each vocation, occupation, and business hereinafter
named in this section is hereby declared to be a privilege, and.
the rate of taxation on such privilege shall be as hereinafter fixed,
which privilege tax shall be paid to the county court clerk as pro­
vided by law for the collection of revenue.
*
*
*
*
*
in t e l l ig e n c e o ff ic e s and e m p l o y m e n t a g e n c ie s .

Each office, per annum____________________________________ $10
*
*
*
*
*
ACTS OF 1909.
C h a p t e r 124.—Factory inspector—Powers.
S ectio n 1. Police powers and authority are hereby conferred
Enforcement
of laws.
upon and vested in the factory inspector, and he shall have full

power and authority to enforce all the labor laws of the State,
with the exception of the mining laws, by making arrests for the
violation of such laws in the same manner as officers of the State
empowered by law to make arrests for violation of the laws of the
State now have and possess.
C h a p t e r 473.—Inspection and regulation of factories, etc.—Manu­

facture of food products.
Lighting, ven­ S ectio n 1. Every building, room, basement, or cellar occupied
tilation, etc.
or used as a bakery, confectionery, cannery, packing house, slaugh­

Walls.

Floors.

Screens.

terhouse, dairy, creamery, cheese factory, restaurant, hotel, gro­
cery, meat market, or other place or apartment used for the prepa­
ration for sale, manufacture, packing, storage, sale, or distribu­
tion of any food shall be properly lighted, drained, plumbed, and
ventilated and, conducted with strict regard to the influence of
such condition upon th e ' health of the operatives, employees,
clerks, or other persons therein employed and the purity and
wrholesomeness of the food therein produced; and for the purpose
of this act the term “ food,” as used herein, shall include all arti­
cles used for food, drink, confectionery, or condiment, whether
simple, mixed, or compound, and all substances or ingredients used
in the preparation thereof.
Sec. 3. The side walls and ceilings of every bakery, confection­
ery, creamery, cheese factory, hotel, and 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 wood­
work in every bakery, confectionery, creamery, cheese factory,
hotel and restaurant kitchen shall be kept washed clean with soap
and w ater; and every building, room, basement, or cellar occupied
or used for the preparation, manufacture, packing, storage, sale,
or distribution of food shall have an impermeable floor made of
cement, or tile laid in cement, brick, wood, or other suitable nonabsorbent material which can be flushed and washed clean with
water.
Sec. 4. The doors, windows, and other openings of every food
producing or distributing establishment during the fly season shall
be fitted with self-closing screen doors and wire window screens
of not coarser than fourteen-mesh wire gauze.




LABOR LAWS----TENNESSEE----ACTS OF 1909.

2059

Sec. 5. Every building, room, basement, or cellar occupied or Toilet rooms,
used for the preparation, manufacture, packing, canning, sale, or
distribution of food sliall have convenient toilet or toilet rooms
separate and apart from the room or rooms where the process of
production, manufacture, packing, canning, selling, or distributing
is conducted. The floors of such toilet rooms shall be of cement,
tile, wood, brick, or any other nonabsorbent material, and shall be
washed and scoured daily. Such toilet or toilets shall be fur­
nished with separate ventilating flues or pipes discharging into
soil pipes, or on the outside of the building in which they are situ­
ated. Lavatories and wash rooms shall be adjacent to toilet
rooms, and shall be supplied with soap, running water, and towels,
and shall be maintained in a sanitary condition. Operatives,
clerks, and all 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.
S ec . 6. Cuspidors, for the use of operatives, employees, clerks, or Cuspidors,
other persons, shall be provided whenever necessary, and each
cuspidor shall be thoroughly emptied and washed out daily with
disinfectant solution, and five ounces of such solution shall be left
in each cuspidor while it is in use.
No operative, employee, or other person shall expectorate on
floors or side walls of any building, room, basement, or cellar
where the production, manufacture, packing, storing, preparation,
or sale of any food is conducted.
S ec . 7. No person or persons shall be allowed to live or sleep L i v i n g or
in any room of a bakeshop, kitchen, dining room, confectionery, ®1e e P*n % 11
1
creamery, cheese factory, or place where food is prepared for sa le ,looms'
served, or sold.
S ec . 8. No employer shall require, permit, or suffer any person Diseased emto work, nor shall any person work in a building, room, basement, pioyees.
cellar, or vehicle occupied or used for the production, preparation,
manufacture, packing, storage, sale, distribution, and transporta­
tion of food who is affected with any venereal disease, smallpox,
diphtheria, scarlet fever, yellow fever, tuberculosis (or consump­
tion), bubonic plague, Asiatic cholera, leprosy, trachoma, typhoid
fever, epidemic dysentery, measles, mumps, German measles,
whooping cough, chicken pox, or any other infectious or con­
tagious disease.
S ec . 9. The pure food and drug inspector or other legal agent Enforcement,
of the State board of health shall have full power at all times
to enter every building, room, basement, or cellar occupied or
used or suspected of being used for the production for sale,
manufacture for sale, storage, sale, distribution, or transportation
of food, and to inspect the premises and all utensils, fixtures,
furniture, and machinery used as aforesaid; and if, upon inspec­
tion, any food producing or distributing establishment, convey­
ance, employer, operative, employee, clerk, driver, or other per­
son is found to be violating any of the provisions of this act, or
if the production, preparation, manufacture, packing, storing,
sale, distribution, or transportation is being conducted in a man­
ner detrimental to the health of the employees and operatives
or to the character or quality of the food therein being produced,
manufactured, packed, stored, sold, distributed, or conveyed, the
officer or inspector making the examination or inspection shall
report such conditions and violations to the pure food and drug
inspector, who shall issue an order to the person or persons 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 of five days or such reasonable
time as may be required in which to abate them. Such order
shall be in writing, and the person receiving the order may, within
five days from the issuance of the order, appear in person or by
attorney before the pure food and drug inspector to give reason
why such instruction should not be obeyed.



2060

B U L L E T IN OF TH E BUREAU OF LABOR STATISTICS.

ACTS OF 1911.
C h a p t e r 57.—Employment of children—Age lim it.
Age limit.

S ec t io n 1 (as amended by chapter 47, Acts of first extra ses­
sion, 1913). It shall be unlawful for any proprietor, foreman,
owner, or other person to employ, permit, or suffer to work any
child less than fourteen years of age in, about, or in connection
with any mill, factory, workshop, laundry, telegraph or telephone
office, or in the distribution or transmission of merchandise or
messages. And no child under sixteen years of age shall be em­
ployed, permitted, or suffered to work in any of the occupations
named in this section between the hours of six o’clock in the
evening and six o’clock in the morning of any one day.
Employment
S ec. 2 (as amended by chapter 47, Acts of first extra session,
time118 sch°o11913). It shall be unlawful for any proprietor, foreman, owner,
or other person to employ, permit, or suffer to work any child
under fourteen years of age in any business or service whatever
which interferes with the child’s attendance at school, during any
•part of the term the public schools of the district in which the
child resides are in session.
O ccupations
Sec. 3. No child under the age of sixteen years shall be emforbidden.
ployed, permitted, or suffered to work at any of the following
occupations or in any of the following positions: repairing ma­
chine belts, while in motion, in any workshop or factory, or
assisting therein in any capacity whatever; adjusting any belt to
any m achinery; oiling or cleaning machinery or assisting therein;
operating or assisting in operating circular or band saws, wood
shapers, wood jointers, planers, sandpaper or wood-polishing ma­
chinery; picker machines, machines used in picking wool, ma­
chines used in picking cotton, machines used in picking hair,
machines used in picking any upholstering m aterial; paper-lacing
machines, leather-burnishing machines in any tannery or leather
manufactory; job or cylinder printing presses operated by power
other than foot power, emery or polishing wheels used for polishing
metal, wood turning or boring machinery, stamping machines used
in sheet metal and tinware manufacturing, stamping machines in
washer and nut factories, corregating [corrugating] rolls, such
as are used in roofing and washboard factories; steam boilers,
steam machinery or other steam generating apparatus, dough
brakes or crackery machinery of any description; wire or iron
straightening machinery, rolling mill machinery, punches or
shears; washing, grinding, or mixing m ills; calendar rolls in
rubber manufacturing; laundering machinery; dipping, drying, or
packing m atches; or in mines or quarries.
Nightwork.
Sec. 4. It shall be unlawful for any proprietor, foreman, owner,
or other person to employ any child under eighteen years of age
as a messenger for a telegraph or messenger company in the dis­
tribution, transmission, or delivery of goods or messages before
five o’clock in the morning or after ten o’clock in the evening of
any day.
<i-etatn fiietS °f ^EC* ^ s^a1^
unlawful for any proprietor, foreman, owner,
age o
.
or 0^ er person to employ, permit, or suffer to work any child be­
tween the ages of fourteen and sixteen years in, about, or in con­
nection with any place or establishment named in section 1, unless
said proprietor, foreman, owner, or other person keep on file and
accessible to the shop and factory inspector a sworn statement
made by the parent or guardian or any person acting as guardian
of such child, setting forth the place and date of birth of such
child, and whoever shall make false statement as to the age of
such child in such sworn statement shall be deemed guilty of
perjury.
Violations.
S ec . 6. Whoever employs any child and whoever having under
his control as parent, guardian, or otherwise any child, permits or
suffers such child to be employed or to work in violation of any of
the provisions of this act shall be deemed guilty of a misdemeanor,
and upon conviction shall be fined not less than twenty-five dollars




LABOR LAWS----TENNESSEE----ACTS OF 1911.

2061

nor more than two hundred and fifty dollars, in the discretion of
the court.
ACTS OF 1913.
C hapter 9.—Employment of children—School attendance.
S ection 1. Every parent, guardian, or other person, in the A tte n d a n c e
State of Tennessee, having charge or control of any child between required,
the ages of eight and fourteen years inclusive, shall cause such
child to be enrolled in and attend some day school, public, private,
or parochial, for eighty consecutive days, or when the school term
is less than eighty days in length, for the full term, in each year
in the county or city in which said child may reside.
Provided, That in cities maintaining a separate school system
which have a scholastic population of five thousand or over by the
State school census of 1912 or any subsequent State school census,
any parent, guardian, or other person having charge or control of
any child between the ages of eight and fourteen inclusive, shall
cause such child to attend school for the full school term.
Provided, further, That any parent, guardian, or other person
having charge or control of any child between the ages of fourteen
and sixteen years who is not actively and regularly and lawfully
engaged in some useful employment or service, or who is unable
to read and write, shall cause such child to attend school as herein
provided for children between the ages of eight and fourteen years.
C hapter 11.—Department of workshop and factory inspection.
S ection 1. There is hereby created a department to be known Department
as a “ Department of Workshop and Factory Inspection of the created.
State of Tennessee; ” that the governor shall appoint a chief in­
spector of workshops and factories, who shall hold office for a
term of four years from the first day of March following his ap­
pointment and until his successor is appointed and qualified. He
shall have an office at the State capitol in which the records of
the department shall be kept.
S ec. 2. The chief inspector of workshops and factories shall be Chief inspeca competent and practical mechanic, and shall give his whole tfine torand attention to the duties of his office. He shall enforce the pro­
visions of all laws relating to workshops and factories, and prose­
cute violation thereof, and perform such other duties as are re­
quired of him by law.
S ec. 3. With the approval of the governor, the chief inspector of Deputies,
workshops and factories shall appoint two deputy inspectors of
workshops and factories, one male and one female, each of whom
shall hold office for a term of four years from the first day of
March after their appointment and until their successors are ap­
pointed and qualified. Each male deputy inspector of workshops
and factories shall be a competent and practical mechanic, and
each deputy inspector must devote his or her whole time and at­
tention to the duties of the office.
S ec. 4. The chief inspector of workshops and factories shall Duties,
divide the State into districts and make such assignments of deputy
inspectors therein as he may see fit, and prescribe such rules and
regulations for their government as the service may require. Each
deputy inspector of workshops and factories shall visit the shops
and factories of the district assigned to them as often as practi­
cable, see that the laws relating to workshops and factories are
enforced, and perform such other duties pertaining to the depart­
ment of workshops and factory inspection as the chief inspector
directs.
Sec. 5. Each deputy inspector of workshops and factories, as- Additional
signed to a district for the inspection of workshops and factories duties*
therein, shall carefully inspect the sanitary conditions, systems of
sewerage, situation and condition of water-closets, systems of
sewerage, lighting, and ventilating rooms where persons are em­




2062

Access
premises.

Witnesses.

Records.

Definition.

Salary
chief.

Salary
deputies.

Clerk.

B U L L E T IN OP T H E BU R EAU OF LABOR STATISTICS.

ployed at labor, and tlie means of exit in case of fire or other dis­
asters within, or connected with, such workshops and factories.
They shall examine the belting, shafting, gearing, elevators, drums,
and machinery in and about such workshops and factories, and
see that they are not so located as to be dangerous to employees
when engaged in their ordinary duties and, as far as practicable,
securely guarded; they shall see that each vat, pan, or structure
filled with molten lead, or hot liquid is surrounded by proper
safeguards for preventing accident or injury to persons employed
at or near them.
to
Sec. 6. For the purpose of an inspection or examination re­
quired of them by law, the chief inspector of workshops and fac­
tories, and each deputy inspector, at reasonable hours may enter
any workshop or factory in the State.
S ec. 7. In the performance of his duties pertaining to his office,
the chief inspector of workshops and factories, and each of the
deputy inspectors, shall have the authority of a notary public to
administer oaths and take affidavits in the administration of the
duties thereof, and any false swearing shall be deemed guilty of
perjury, and punishable as such.
S ec . 8 . Each inspector of workshops and factories shall make a
record of shops and factories in their districts, showing the date
when an examination was made, the condition in which the shop
or factory was found, and what changes were ordered. The
records shall also show the number of shops and factories in the
district, the number of men, women, and children employed in
each, and such other facts and information concerning the con­
dition of such shops and factories as the chief inspector deems
necessary. Each week this record shall be filed in the office of
the chief inspector, and so much of it as is of public interest in­
cluded in his annual report to the governor.
S ec . 9. The term “ workshops and factories” as used in this
act shall include the follow ing: Manufacturing, mills, mechanical,
electric, mercantile, art, and laundering establishments; printing,
telegraph, and telephone offices; department stores, or any kind
of an establishment wherein labor is employed or machinery used.
of S ec. 10. The salary of the chief inspector of workshops and fac­
tories shall be one thousand eight hundred dollars ($1,800) per
annum, payable monthly, on the warrant of the comptroller as
other salaries are paid. And that the sum of one thousand eight
hundred dollars ($1,800) per annum, or as much thereof as may
be necessary, is hereby appropriated for the expenses of the said
department incurred in the actual performance of their official
duties: said expenses to be itemized, evidenced by vouchers, and
sworn to.
of S ec. 11. The salary of each deputy inspector of workshops and
factories shall be twelve hundred dollars ($1,200) per annum,
payable monthly, on the warrant of the comptroller as other
salaries are paid.
S ec. 12. The chief inspector of workshops and factories shall
appoint a clerk in the office of his department; the salary of said
clerk shall be one thousand dollars per annum, payable monthly,
on the warrant of the comptroller as other salaries are paid.
ACTS OF 1913—FIRST EXTRA SESSION.
C hapter 12.—Employment of women and children—Hours of labor.

S ection 1. On and after January 1, 1914, and up to and in­
L i m i t of
hours of labor. cluding January 1, 1915, it shall be unlawful for any proprietor,

foreman, owner, or other persons to employ, permit, or suffer to
work in, about, or in connection with any workshop or factory
in the State of Tennessee, any female or any child under the age
of sixteen years in excess of fifty-eight hours in any one week
or more than ten and a half hours in any one d a y : Provided, That
ten and a half hours a day will be permitted only for the purpose
of providing for one short day in the week.



LABOR LAWS---- T E N N E SSE E ---- ACTS OF 1913.

2063

S ec. 2. Commencing January 1, 1915, it shall be unlawful for
Limit after
any proprietor, foreman, owner, or other person to employ, permit, Jan* x» 19ir>*
or suffer to work in, about, or in connection with any workshop
or factory in the State of Tennessee, any female or any child
under sixteen years of age in excess of fifty-eight hours in any one
week or more than ten and a half hours in any one d a y : Provided,
That ten and a half hours per day w ill be permitted only for the
purpose of providing for one short day in the week.
S ec. 3. Any proprietor, foreman, owner, or other person who Violation,
shall require, permit, or suffer to work in, about, or in connection
with any industry or establishment named in the foregoing sec­
tion, any female or child under the age of sixteen years more than
the number of hours as prescribed in sections one and two of this
act, or any person mentioned in sections one and two violating any
of the provisions of this act, shall be deemed guilty of a misde­
meanor, and upon conviction, shall be fined not less than twentyfive dollars ($25) nor more than one hundred dollars ($100) for
each offense.
S ec . 4. Every proprietor, foreman, owner, or other person in Schedule of
charge of any industry specified in sections one and two of this a c t hoursshall post, or cause to be posted, in a conspicuous place in the
workroom or place of employment where persons affected by this
act are employed, a printed or written notice, setting forth there­
in the hours of commencing and leaving work, the time allowed
for meals or other intermissions, and the maximum number of
hours any female or child under the age of sixteen be permitted
to work in any one day or in any one week. And in event any
proprietor, foreman, owner, or other person shall operate a busi­
ness which runs at night, he shall specify in said notice the hours
of work on the night shift, giving the number of hours each fe­
male or child under the age of sixteen years is permitted to work
on such night shift.
Sec. 5. The failure on the part of any proprietor, foreman, Evidence of
owner, or other person in charge of any industry named in sec- violation,
tions one and two of this act to post, or cause to be posted,
within sixty days after date of the passage of this act, and to keep
posted said notices as provided in section four, shall be prima
facie evidence of the violations of sections one and two of this act.
Sec. 6. Every proprietor, foreman, owner, or other person men- Record,
tioned in the foregoing sections of this act shall keep, or cause to
be kept, a record, showing the length of time each and every
female or child under sixteen years has worked each day and the
number of hours worked in each w eek; and such record shall be
open for inspection at all reasonable hours to the department of
workshop and factory inspection.
Sec. 7. The State department of workshop and factory inspec- Enforcement,
tion shall be charged with the duty of enforcing the provisions of
this act and prosecute all violations thereof.
C h a p t e r 24. —Provisions for accidents in mines.

Section 1. Every operator of a coal mine in this State shall E q u i p m e n t
provide and keep in a convenient place, at or near the mouth of re<iulredsaid mine, and in a room where the same shall be well protected, a
suitable stretcher, bandages, dressings, and medicines for the first
aid to the injured in and about said mine. The supplies to be
furnished by the operator under this section shall be the same or
equivalent to those recommended in such cases by the first-aid
department of the American Bed Cross Society.
Sec. 2. Every operator of a coal mine in this State who shall Violations,
violate the first section of this act shall be guilty of a misde­
meanor, and, upon conviction, shall be fined not less than $25 nor
more than $100 for each offense.




2064

BU L L E T IN OF T H E BUBEATJ OF LABOB STATISTICS.
C h a p t e r 29.—Payment of wages—Semimonthly pay day.

Semimonthly
S ectio n 1. All corporations doing business within this State,
p a y d a y r e ­ who shall employ any salesmen, mechanics, laborers, or other em­
required.

Violations.

ployees, and who operate a commissary or supply store in con­
nection with their business, shall pay the wages balance then due
of such employees in lawful money semimonthly on Saturday
nearest the fifteenth and thirtieth of each month: Provided, De­
duction to be made from amount due for such advances made in
the way of cash, supplies, rent, and etc., that may have been fur­
nished.
S ec . 2. Any person, corporation, company, firm, or partnership
that through its president or otherwise violates section 1 of this
act shall be guilty of a misdemeanor, and, on conviction thereof,
shall be fined in any sum not less than $50 nor more than $500
for each offense.
C h a p t e r 32.—Accidents to be reported.

S ec t io n 1. It shall be the duty of every firm, corporation, or
R e p o r t s re­
quired.
individual employing labor in any workshop or factory in the

State of Tennessee to make or cause to be made to the depart­
ment of workshop and factory inspection, within three days after
it shall occur, a report of each and every accident happening in,
about, or in connection with such workshop or factory, where
such accident might have resulted in bodily injury or death to
any employee or person connected with such workshop or factory,
setting forth in such report the nature of the business in which
such employee is engaged in, the time, place, and nature of the
accident, and the kind of machinery, if machinery caused the
accident.
A ccldents
S e c . 2. It shall be the duty of every firm, corporation, or in­
causing death.
dividual employing labor in any workshop or factory in the State
of Tennessee to make or cause to be made to the department of
workshop and factory inspection, within ten days after it shall
occur, a report of each and every accident happening to any per­
son in, about, or in connection with such workshop or factory,
which accident resulted in death or bodily injury of such a nature
that the injured person does not return to his or her employment
within seven days after the occurrence of such accident, setting
forth in such report the nature of the business in which such
employee is engaged, the time, place, and nature of the accident,
the name, address, sex, age, and nature of employment of the
person killed or injured, and whether such person is married or
single, and, if married, the number of persons dependent upon
the injured person for support, together with a statement of how
the accident occurred, and, if such accident was caused by ma­
chinery, the kind of machinery used.
Report on re­
S ec . 3. It shall be the duty of every firm, corporation, or in­
quest.
dividual employing labor in workshop or factory in the State of
Tennessee to make a full and detailed report, in addition to the
information required to be furnished in section one and two of
this act, upon written request of the chief inspector of the de­
partment of workshop and factory inspection, furnishing him any
information which such chief inspector may demand.
Sec. 4. No report herein required to be made, or any part
Reports not
evidence.
thereof, shall be admitted in evidence or referred to at the trial
of any action or any judicial proceedings whatsoever.
Sec. 5. Any person who fails or refuses to comply with the pro­
Violations.
visions of this act, or who fails and refuses to answer in detail
any inquiry made by any inspector of the department of work­
shop and factory inspection relative to such accidents, shall be
deemed guilty of a misdemeanor, and, on conviction, shall be
punished, for the first offense, by a fine of not less than fifty
dollars ($50) nor more than one hundred dollars ($100), and, for
the second and subsequent offense, by a fine of not less than one
hundred dollars ($100) nor more than two hundred dollars ($200).



LABOR LAWS---- T E N N E SSE E ---- ACTS OF 1913.

Sec. 6. The term “ workshop and factories ” as used in this
act shall include the follow ing: Manufacturing m ills; mechanical,
electrical, mercantile, art, and laundering establishments; print­
ing, telegraph, and telephone offices; department stores; or any
kind of an establishment wherein labor is employed or machinery
used.
Sec. 7. The chief inspector of the department of workshop and
factory inspection shall compile and make a permanent record of
the information obtained by virtue of this act.
Sec. 8. The sum of five hundred dollars ($500) per annum, or
as much thereof as may be necessary, is hereby appropriated for
the expense incurred in collecting, compiling, and reporting this
information, said expenses to be itemized, evidenced by voucher,
and sworn to, which vouchers shall be paid by the comptroller
of the State of Tennessee upon the request of the chief inspector
of the department of workshop and factory inspection.
Sec. 9. It shall be the duty of the chief inspector of the depart­
ment of workshop and factory inspection to prepare and furnish,
free of charge, to any person, upon application, or printed forms,
which, when filled out, will set out the facts required by this act.

2065
Definition.

Record.

Expense.

Blanks.

C h a p t e r 38.—Mine regulations—Rescue stations.
S ec t io n 1. When any individual, company, corporation, or other State rescue
organization, connected with any mine or mines in this State, stations.
shall establish and equip a station with approved oxygen-breath­
ing, mine-rescue apparatus to conform to requirements herein­
after set forth; and wherever six or more men in connection with
said! station shall have qualified as hereinafter set forth in the use
of said apparatus, then said station, through its owner or repre­
sentative, and six men constituting the rescue corps of said sta­
tion, may make application to the chief mine inspector to become
a State station, and receive aid from the State for the mainte­
nance of same.
Sec. 2. State stations up to the number of six may be provided Number.
for in different parts of the mining section of this State. The
section of the mining field in which these stations may be lo­
cated shall be decided by the chief mine inspector.
Sec. 3. The requirements for admission as State stations shall Requirements.
be: Each station shall have a suitable building or place for the
apparatus, together with a smoke room, or other suitable place
for the drill and training of men in said apparatus.
The equipment of each station shall consist of not less than Equipment.
four oxygen-breathing apparatus, of a type which have [has]
been approved by the United States Bureau of Mines, two large
oxygen tanks, and one extra oxygen bottle, or set of bottles, for
each apparatus; also one safety lamp and one electric lamp for
each apparatus, together with a supply of such duplicate parts
as might be easily lost or destroyed; also one oxygen pump for
charging said apparatus, and such other accessories as are neces­
sary for the successful use of said apparatus for drill and rescue
work.
It shall be the duty of the owners of each station to keep all D u t i e s o f
apparatus in good repair, and to furnish at their own expense owners.
such duplicate parts and repairs as are necessary ; also to fur­
nish all oxygen and potash necessary for operating said appa­
ratus, the same to be paid for when used for regular drill or
otherwise by the State, as is hereinafter provided for.
Six men shall constitute the official rescue corps for each sta­ Rescue corps.
tion, one of whom shall be chosen as captain. These men shall
be chosen by the owners of the station, or their representative,
or by the organization, as the case may be, and shall be approved
by the chief mine inspector. They shall be men thoroughly ac­
quainted with mining, and preferably men working in the mine.
These men must have been examined by a physician who has Physical ex­
due knowledge of the requirements of this service, and hold a am ination.
certificate from him as to their physical fitness for this work.

39387°—Bull. 148, pt 2—14------54
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Federal Reserve Bank of St. Louis

2066

B U L L E T IN OF TH E B U R E A U OF LAE Oil ST A T IST IC S.

They must be holders of certificates of rescue training from the
United States Bureau of Mines, or have received training in the
apparatus equal to that required by said Bureau for such cer­
tificate.
Drills.
Each station must maintain official drill, or practice once each
month, under such regulations as may be prescribed by the
chief mine inspector, a feature of which must be, however, not
under one or over two hours for each man, in the apparatus
using oxygen.
Reports t o Regular reports must be made by the captain or acting capchief inspector. ^ain 0f each rescue corps to the chief mine inspector, on the last
of each month, on blanks supplied for this purpose. This report
must state the names of the members of the corps, or substitutes,
participating in the drill, the amount of time each apparatus was
in use with oxygen, the names of men, if any, who were given
training, together with such other data as may be required.
Such report must be sworn to before some party duly authorized
to administer oaths.
Reports to» S ec . 4. On the first of each month, or as soon thereafter as
comptroller.
possible, the chief mine inspector shall make a report to the
comptroller, giving the name of each member of each corps or
legal substitute participating in the monthly drill, together with
the amount of oxygen and potash consumed in such drill and
training at each station in hours per apparatus.
Compensation.
Ttie comptroller shall then issue warrants to each man named
as taking part in said drill for the sum of $5 each, together with
the warrant to the owner or representative of each station for
compensation for oxygen and potash used in said drill, at the
rate of $1 per hour for each apparatus in use: Provided, That
not more than $50 shall be paid in any one month for both com­
pensation to men and supplies to any one station for both drill or
practice purposes.
A p p r opria- There shall be appropriated and set aside for the purpose of
on’
meeting the expense above provided for, or for paying such extra
expense as might occur in any serious mine disaster, or other­
wise, as hereinafter set forth, the sum of $4,000 per annum, or
such part of same as may be necessary.
Substitutes.
No person shall be eligible to receive compensation for taking
part in the monthly drill as set forth above, except the six regular
members provided for, or legal substitutes. In case any of said
members are absent or otherwise incapacitated, the captain or
person acting as such may appoint substitutes to make up the
full number of the corps. However, such substitutes must be
appointed from those having legal qualifications for membership
in the corps, and whose names and qualifications have previously
been reported to the chief mine inspector as such.
Training.
Each corps may, however, under the supervision of the captain
or other member of the corps, give training in the use of the appa­
ratus to those desiring same. The cost of the oxygen and potash
for such training may, within the total amount per month specified
above, be included in the cost of such supplies.
Duty of corps
S ec . 5. In consideration of the above expenditures, the chief
asters.0
mine inspector, or, in his absence, the district mine inspector, shall
be empowered, in the case of any mine disaster or emergency, to
call on any corps to report at the shortest possible time to any
point in the State, with their apparatus, ready for duty.
Duty of ownshall be the duty for the owner or representative of such
ers*
station to see that the apparatus is at all times available for any
such call, and the duty of the corps to respond to such call in
the quickest possible time, in full number, either members of said
corps or legal substitutes, and to act under the direct orders at
such time of the chief mine inspector: Provided, however, That
no man shall be required other than voluntarily to perform any
duty where he may feel his life is in danger.
Control.
The chief mine inspector, or, in his absence, the district mine
inspector, shall have full control of the mine and all rescue work
in case of such disaster.



LABOR LAWS----TENNESSEE----ACTS OF 1913.

2067

All men called for and reporting for duty in such cases, together Compensation.
with any such competent men offering their services for such
rescue work, and being accepted by the chief mine inspector, shall
be paid by the State at the rate of $5 per day, and all oxygen and
potash used at the rate of $1 per hour, together with all trans­
portation and traveling expenses; said time for the regular crops
to reckon from the time said corps leave the station till their
return, and all other cases from the acceptance of said services
to the discharge of said men by the order of the chief mine in­
spector.
S ec . 6. The chief mine inspector shall be authorized to incur Expenses.
such expense as he may judge necessary in connection with the
rescue work at any mine disaster, also that he may employ com­
petent men from the membership of any State rescue corps to
give instructions under his direction in the organization and train­
ing of mine rescue corps and first air [aid] corps; and the rate
of compensation and expenses therefor shall not exceed that pro­
vided for in the regular drill or rescue work.
Itemized statements of time and expense shall be made under
oath by the parties incurring same; and after approval by the
chief mine inspector, the same shall be paid by the comptroller out
of any money remaining of the $4,000 above provided for.
Regulations.
S ec . 7. The chief mine inspector shall have the right to drop
from the membership of any corps, or any substitute therein, any
person showing unfitness or incapacity for rescue work. He may
also disband any State station, withdrawing State aid from same,
where the standards and requirements as herein set forth are not
kept up or carried out. If such station does not requalify within
two months, he may, if there is a request for same, form a station
elsewhere to take the place of the one disbanded. Nothing in this
act shall, however, be construed to in any way interfere with the
full use of the apparatus at any time by the owners of the sam e:
Provided, That while the said apparatus forms the equipment of a
State station, it shall be available, as above set forth, for emer­
gency or for drill and training.
C h a p t e r 40.—Fire escapes on factories, etc.
F ir e e s c a p e s
S e c t i o n 1« Every mechanical or mercantile establishment or fac­
tory or workshop or laundry or mill or manufacturing or other required.
places wherein labor is performed, on or above the second floor
now or hereafter erected, which is two or more stories in height,
and in which twenty-five or more operators or employees shall
be at work, on or above the second floor, shall be provided with
outside iron fire escapes as hereinafter provided. The fire escape
shall be located at such place on the said buildings as may be
best suited for the purpose intended, or as the chief inspector of
factories designates in writing, and shall take in one or more
windows on each floor above the first floor. Fire escapes may
project into the highway to a distance not greater than four feet
beyond the building line.
S ec . 2. Every factory, workshop, mill, or place where the manu­ Same subject.
facture of goods of any kind is carried on now or hereafter
erected, which is three or more stories in height, and in which
twenty-five or more operatives or employees shall be at work on
or above the second floor, shall be provided with outside iron fire
escapes as hereinafter promised [provided]. The fire escapes
shall be located at such place on the said building as may be best
suited for the purpose intended, or as the chief inspector of work­
shop and factories may designate in writing, and shall take in one
or more windows on each floor above the first floor. Fire escapes
may project into the public highway to a distance not greater
than four feet beyond the building line.
Sec. 3. The fire escapes shall consist of outside iron balconies Construction.
and stairways at erch floor above the first, connecting said bal­
conies to the ground, except in the case of the fire escape being
over a public highway, when a drop ladder shall connect the
lower
 balcony to the ground in a manner hereinafter specified.



2068

B U L L E T IN OF T H E BU R EAU OF LABOR STATISTICS.

The stairways shall be placed at a slope not steeper than a ratio
of one horizontal to one and one-quarter vertical. The balcony on
the top floor ^liall be provided with a gooseneck ladder leading
from said balcony to above the roof.
Balconies.
Sec. 4. The balconies shall not be less than three feet in width,
taking in at each story above the ground floor at least one window
of each part of building, separated by inside walls, in which
twenty-five or more operatives or employees shall be at work.
They shall be below and not more than one foot below the window
sills, and extend in front of and not less than nine inches beyond
Landings.
each window. There shall be a landing of not less than twentyfour inches square at the head and foot of each stairway. The
Stairways.
stairway opening on each platform shall be a size suflicient to
Windows.
provide clear headway. The windows opening upon each balcony
shall be of easy access and sufficiently large to permit easy pas­
sage through them, and shall be kept unobstructed. Where the
top of the window sill is more than two feet above the floor of the
building, inside steps shall be provided.
Sec. 5. The floors of balconies shall be of wrought iron or steel
D e t a i l s of
construction. not less than one and a half inches by three-eighths of an inch,
placed not less than one-quarter of an inch apart, and well secured
and riveted to iron battens not less than one and a half inch by
three-eighths of an inch and not over two feet apart, and which
battens shall rest on and be riveted to frame of balcony, said
frame to consist of angle iron not less than two and one-half
inches by two and one-half inches by three-sixteenths of an inch
thick, and to extend around the four sides of balcony floor, to rest
upon brackets, and to be secured to same by rivets or bolts, and
to be riveted at corners. The openings for stairways in all bal­
conies shall not be less than twenty-one inches wide and fortytwo inches long, and such openings shall have no covers of any
kind. The platform of balconies shall be constructed and erected
to sustain in all their parts a safe load of not less than eight
pounds per square foot, utilizing a ratio of four to one between
the safe working load and the ultimate strength of all parts.
Same subject.
Sec. 6. The outside rail shall in no case be less than three feet
above the floor of the balcony, and shall extend around the entire
platform, and in all cases shall go through the wall at each side,
be worked out to three-quarter-inch bolt size, and be properly
secured by nuts, with washers at least four inches and threeeighths of an inch thick, and to top rail shall be connected at
angles by cast iron. The top rail of balconies shall be one and
three-quarter inches by one-half inch of wrought iron, of such size
and shape as shall be approved by the inspector of factories. The
bottom rails shall in no case be more than one-eighth inch above
floor of balcony, and shall be of one and one-half inches by threeeighths of an inch wrought iron or one and one-half inch thick,
well loaded or cemented into the wall. The standard or fllling-in
bars shall not be less than one-half inch round or square wrought
iron, well riveted to the top and bottom rails and to platform
frames immediately where adjacent to brackets, and shall be
placed not more than six inches apart
Stairways.
Sec. 7. The stairway shall be constructed and erected to fully
sustain in all parts a safe load of not less than one hundred
pounds per step, utilizing a ratio of four to one between the safe
working load and the ultimate strength of all parts, with the ex­
ception of the tread, which must safely sustain at said ratio a
concentrated load of two hundred pounds. The treads shall not
be less than seven inches wide and the rise of each step not more
than nine inches. The treads shall be flat, open treads of cast
iron not less than five-eights of an inch thick or of flat bars not
over one and one-quarter of an inch wide or less than threeeighths of an inch thick, with spaces between not more than one
inch or less than a half inch, such bars to be riveted to angled
irons of not less than twenty inches wide between inside of
strings; and there shall remain a clear passage between the stairv/av and wall of building of not less than fourteen inches. The




LABOR LAW S— TEN N E SSE E — ACTS OF 1913.

2069

strings shall be not less than three-inch channels of iron or steel
or other shape equally strong, and shall at both top and bottom
rest upon and be fastened to a bracket, which shall be fastened
through the wall as hereinafter provided. The stairs shall have
a handrail of not less than three-quarter inch round wroughtiron rod or pipe on each side, not less than thirty inches or more
than forty-two inches above steps of any point, and same shall be
secured and well braced.
S ec . 8. The brackets shall be placed not more than four feet
Brackets.
apart and not less than three-quarters of an inch by one inch and
a half wrought iron placed edgewise or one and three-quarters
inch angle iron one-quarter of an inch thick, to extend full across
width of balcony, and be well braced at a point not less than twothirds of the distance from wall to end of bracket by means of
not less than three-quarters of an inch wrought iron or one and
three-quarters inch angle iron. The ends of brackets and braces
shall go through the wall and be turned down three inches or be
properly secured by nuts and washers four inches square and at
least three-eighths of an inch thick. On new buildings the brackets
shall be set as the w alls are being built. When brackets are put
on factories already erected, the part going through the wall shall
not be less than five inches square and one-half inch thick.
S ec. 9. A proper ladder to reach to a safe landing place below Ladders.
shall be required from the lower balcony of any fire escape over a
public highway in place of a stairw ay; and when the floor of such
balcony is more than sixteen feet above the sidewalk 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 platform s,
of a stairway costructed as this act requires; for stairways be­
tween such platforms shall not be less than three feet in width and
four feet long, and provided with proper railings.
The drop ladder to the ground shall not be less than fifteen Drop ladders.
inches in width, with strings not less than one-half inch by two
inches iron, and not less than five-eighths of an inch in diameter,
placed not more than twelve inches apart and securely riveted
through the strings; strings to be made of one piece and not con­
nected in parts by riveting or b olts; the upper end of each string
to be formed into a hook, by which the ladder may be secured to
the frame of the balcony when in use. The goose-neck ladder
shall be securely fastened to the wall of the building, and the
strings shall extend at least thirty inches above the roof and re­
turn down and be secured to same. There shall be a space of not
less than fourteen inches between such ladder and the outer rail
of the balcony.
The erecting of said fire escape shall, in the absence of any Expense.
agreement between the landlord and tenant, be done at the ex­
pense of the landlord.
Sec. 10. All parts of such fire escapes shall receive not less than Paint.
two coats of paint, one in the shop and one after erection, and
shall be painted thereafter whenever the same may be needed.
Powers
Sec. 11. The chief inspector of factories shall have. the power snector of inxachv m e pvyr w
to make and have served an order in writing upon any owner or
owners of any building coming under the provisions of this act,
ordering that a fire escape shall be erected either on a new build­
ing or on a building already erected, or ordering that a fire es­
cape already erected shall be changed and altered in such manner
as he shall in such order designate.
Such fire escape must conform to the provisions of this act.
Any corporation, firm, or person failing or neglecting to obey Violation,
such order within the time therein limited shall be liable to a
penalty of one hundred dolars ($100) for such failure, and to a
further penalty of ten dollars ($10) for each day that shall elapse
after the expiration of the time limited in said order until a fire
escape shall be erected on such building in compliance with the
terms of such order: Provided, That fire towers, when approved
by the
 chief inspector of factories, shall be legal protection, the
same as iron fire escapes as hereinafter [hereinbefore] provided.





TEXAS.
CONSTITUTION.
A rticle 3. —Labor organizations—Provisions of constitution.
S ection 56. The legislature shall not, except as otherwise pro- Local l a w s
vided in this constitution, pass any local or special law, * * * forbidden,
regulating labor, trade, mining and manufacturing; * * *
A rticle 16.—Exemption of wages from garnishment.
S ection 28. No current wages for personal service shall ever be C u r r e n t
subject to garnishment.
wages exempt

REVISED CIVIL STATUTES—1911.
Arbitration of labor disputes—Boards of arbitration.
A rticle 71. Whenever any grievance or dispute of any nature, A r b itr a tio n
growing out of the relation of .employer and employees, shall arise aw
or exist between employer and employees, it shall be lawful, upon
mutual consent of all parties, to submit all matters respecting
such grievance or dispute in writing to a board of arbitrators to Board,
hear, adjudicate, and determine the same. Said board shall con­
sist of five persons. When the employees concerned in such
grievance or dispute, as the aforesaid, are members in good stand­
ing of any labor organization which is represented by one or more
delegates in a central body, the said central body shall have
power to designate two of said arbitrators, and the employer
shall have the power to designate two others of said arbitrators;
and the said four arbitrators shall designate a fifth person as
arbitrator, who shall be chairman of the board. In case the em­
ployees concerned in any such grievance or dispute, as aforesaid,
are members in good standing of a labor organization which is
not represented in a central body, then the organization of which
they are members shall designate two members of said board,
and said board shall be organized as hereinbefore provided; and
in case the employees concerned in any such grievance or dis­
pute, as aforesaid, are not members of any labor organization,
then a majority of said employees, at a meeting duly held for
that purpose, shall designate two arbitrators for said board; and
said board shall be organized as hereinbefore provided: Provided,
That when the two arbitrators shall have been selected by each
of the respective parties to the controversy, the district judge of
the district having jurisdiction of the subject matter shall, upon
notice from either of said arbitrators that they have failed to
agree upon the fifth arbitrator, appoint said fifth arbitrator.
A rt. 72. Any board, as aforesaid selected, may present a peti- ce£fe
ocuring n'
tion in writing to the district judge of the county where such
grievance or dispute to be arbitrated may arise, signed by a ma­
jority of said board, setting forth in brief terms the facts show­
ing their due and regular appointment, and the nature of the
grievance or dispute between the parties to said arbitration, and
praying the license or order of such judge establishing and ap­
proving of said board of arbitration. Upon the presentation of
said petition, it shall be the duty of said judge, if it appear, that
all requirements of this law have been complied with, to make
an order establishing such board of arbitration and referring the
matters in dispute to it for hearing, adjudication and determina-




2071

2072

B U L L E T IN OF T H E BU E E A U OF LABOR STATISTICS.

tion. The said petition and order, or a copy thereof, shall be filed
iii the oflice of the district clerk of the county in which the arbi­
tration is sought.
Different la- A rt . 73. When a controversy involves and affects the interests
bor organiza- 0f two or more classes or grades of employees belonging to differtlons*
ent labor organizations, or of individuals who are not members
of a labor organization, then the two arbitrators selected by the
employees shall be agreed upon and selected by the concurrent ac­
tion of all such labor organizations, and a majority of such
individuals who are not members of a labor organization.
Submission of a r t . 74. The submission shall be in writing, shall be signed by
c aims.
em p i0y e r 01. receiver and the labor organization representing
the employees, or any laborer or laborers to be affected by such
arbitration who may not belong to any labor organization, shall
state the question to be decided, and shall contain appropriate
provisions by which the respective parties shall stipulate as
follow s:
1. That pending the arbitration the existing status prior to any
disagreement or strike shall not be changed.
2. That the award shall be filed in the office of the clerk of the
district court of the county in which said arbitration is held, and
shall be final and conclusive upon both parties, unless set aside for
error of law, apparent on the record.
3. That the respective parties to the award w ill each faithfully
execute the same, and that the same may be specifically enforced
in equity so far as the powers of a court of equity permit.
4. That the employees dissatisfied with the award shall not, by
reason of such dissatisfaction, quit the service of said employer
or receiver before the expiration of thirty days, nor without giv­
ing said employer or receiver thirty days’ written notice of their
intention so to quit.
5. That said award shall continue in force as between the
parties thereto for the period of one year after the same shall
go into practical operation; and no new arbitration upon the same
subject between the same parties shall be had until the expira­
tion of said one year.
Organization. Art. 75. The arbitrators so selected shall sign a consent to act
as such and shall take and subscribe an oath before some officer
authorized to administer the same to faithfully and impartially
discharge his duties as such arbitrator, which consent and oath
shall be immediately filed in the office of the clerk of the dis­
trict court wherein such arbitrators are to act. When said board
is ready for the transaction of business, it shall select one of
its members to act as secretary and the parties to the dispute
shall receive notice of a time and place of hearing, which shall
be not more than ten days after such agreement to arbitrate
has been filed.
Powers.
A rt . 76. The chairman shall have power to administer oaths
and to issue subpoenas for the production of books and papers
and for the attendance of witnesses, to the same extent that such
power is possessed by the court of record, or the judge thereof
in this State. The board may make and enforce the rules for
its government and transaction of the business before it and fix
its sessions and adjournment, and shall herein [hear and] examine
such witnesses as may be brought before the board, and such other
proof as may be given relative to the matter in dispute.
Powers cease, Art. 77. When said board shall have rendered its adjudication
when.
and determination, its powers shall cease, unless there may be
at the time in existence other similar grievances or disputes be­
tween the same class of persons mentioned in article 71, and
in such case such persons may submit their differences to said
board, which shall have power to act and adjudicate and deter­
mine the same as fully as if said board was originally created
for the settlement of such difference or differences.
Status quo to A r t . 78. During the pendency of arbitration under this chapter
be maintained, i t shall not be lawful for the employer or receiver party to such
arbitration, nor his agent, to discharge the employees parties



LABOR LAWS---- TEXAS— REVISED CIVIL STATUTES—

1911.

2073

thereto, except for inefficiency, violation of law, or neglect of
duty, or where reduction of force is necessary, nor for the organ­
ization representing such employees to order, nor for the em­
ployees to unite in, aid or abet strikes or boycotts against such
employer or receiver.
A r t . 79. Each of the said board of arbitrators shall receive three Compensation,
dollars per day for every day in actual service, not to exceed ten
days, and traveling expenses not to exceed five cents per mile
actually traveled in getting to, or returning from, the place where
the board is in session. The fees of witnesses of the aforesaid
board shall be fifty cents for each day’s attendance and five
cents per mile traveled by the nearest route to, and returning
from, the place where attendance is required by the board. All
subpoenas shall be signed by the secretary of the board and may
be served by any person of full age authorized by the board to
serve the same. And the fees and mileage of witnesses and the
per diem and traveling expenses of said arbitrators shall be taxed
as costs against either or all of the parties to said arbitration,
as the board of arbitrators may deem just, and shall constitute
part of their award; and each of the parties to said arbitration
shall, before the arbitrators proceed to consider the matters sub­
mitted to them, give a bond, with two or more good and sufficient
sureties, in an amount to be fixed by the board of arbitration,
conditioned for the payment of all expenses connected with the
said arbitration.
A rt . 80. The award shall be made in triplicate. One copy shall
Award,
be filed in the district clerk’s office, one copy shall be given to the
employer or receiver, and one copy to the employees or their duly
authorized representative. The award, being filed in the clerk’s
office of the district court, as hereinbefore provided, shall go into
piactical operation, and judgment shall be entered thereon accord­
ingly at the expiration of 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 shall be rendered accord­
ingly when such exceptions shall have been fully disposed of by
either said district court or on appeal therefrom.
A rt . 81. At the expiration of ten days from the decision of the Entry of judgdstrict court, upon exceptions taken to said award as aforesaid, ment.
judgment shall be entered in accordance with said decision, unless
during the said ten days either party shall appeal therefrom to
the court of civil appeals holding jurisdiction thereof. In such
case, only such portion of the record shall be transmitted to the
appellate court as is necessary to the proper understanding and
consideration of the questions of law presented by said exceptions
and to be decided. The determination of said court of civil ap­
peals upon said questions shall be final, and being certified by the
clerk of said court of civil appeals, judgment pursuant thereto
shall thereupon be entered by said district court. If exceptions to
an award are finally sustained, judgment shall be entered setting
aside the award; but in such case the parties may agree upon a
judgment to be entered disposing of the subject matter of the con­
troversy, which judgment, when entered, shall have the same force
and effect as judgment entered upon an award.
Exemption of wages from garnishment.
A r tic l e 306. No current wages for personal service shall be
subject to garnishment; and where it appears upon the trial C u r r e n t
that the garnishee is indebted to the defendant for such current wages exemPtwages, the garnishee shall nevertheless be discharged as to such
indebtedness.
Blacklisting—Statem ent of cause of discharge.
A r tic l e 594. Either or any of the following acts shall constitute
what is disdiscrimination against persons seeking employment:
crim ination.
1. Where any corporation, or receiver of the same, doing busi- Blacklisting,
ness
 in this State, or any agent or officer of any such corporation


2074

B U L L E T IN OF T H E BU R EAU OF LABOR STATISTICS.

or receiver, shall blacklist, prevent, or attempt to prevent, by word,
printing, sign, list or other means, directly or indirectly, any dis­
charged employee, 01* any employee who may have voluntarily left
said corporation’s service, from obtaining employment with any
other person, company, or corporation, except by truthfully stat­
ing in writing, on request of such former employee, the reason why
such employee was discharged, or why his relationship to such
company ceased.
Sending secret 2. Where any corporation, or receiver of the same, doing busirn^pecUveem0 ness in ttLis State, or any officer or agent of such corporation or
pi oyer.
receiver shall, by any means, directly or indirectly, communicate
to any other person or corporation any information in regard to
a person who may seek employment of such person or corporation,
and fails to give such person in regard to whom the communica­
tion may be made, within ten days after demand therefor, a com­
plete copy of such communication, if in writing, and a true state­
ment thereof if by sign or other means not in writing, and the
names and addresses of all persons or corporations to whom said
communication shall have been made.
Fai l ure to 3. Where any corporation, or receiver of the same, doing busifor n<iiscbarj?e.n ness in tllis state> or any agent or employee of such corporation
or receiver, shall have discharged an employee, and such em­
ployee demands a statement in writing of the cause of his dis­
charge, and such corporation, receiver, agent or employee thereof
fails to furnish a true statement of the same to such discharged
employee, within ten days after such demand, or where any cor­
poration or receiver of the same, or any officer or agent of such
corporation or receiver, shall fail, within ten days after written
demand for the same, to furnish to any employee voluntarily leav­
ing the service of such corporation or receiver, a statement in
writing that such employee did leave such service voluntarily,
or where any corporation or receiver of the same, doing business
within this State, shall fail to show in any statement under the
provision of this title the number of years and months during
which such employee was in the service of the said corporation
or receiver in each and every separate capacity or position in
which he was employed, and whether his services were satisfac­
tory in each such capacity or not, or where any such corporation
or receiver shall fail within ten days after written demand for the
same to furnish to any such employee a true copy of the statement
originally given to such employee for his use in case he shall have
lost or is otherwise deprived of the use of the said original state­
ment.
Withholding 4. Where any corporation, or receiver of same, doing business
c o mmu n i c a - i 1
1
gtate, or any agent or officer of the same, shall have re10 *
ceived any request, notice or communication, either in writing or
otherwise, from any person, company or corporation, preventing,
or calculated to prevent, the employment of a person seeking em­
ployment, and shall fail to furnish to such person seeking employ­
ment, within ten days after a demand in writing therefor, a true
statement of such request, notice or communication, and, if in
writing, a true copy of same, and, if otherwise than in writing, a
true statement thereof, and a true interpretation of its meaning,
and the names and addresses of the persons, company or corpora­
tion furnishing the same.
F u r n is h in g
5 . Where any corporation, or receiver of the same, doing busi^^d^arties10 ness in tllis state> or an^ officer or agent of such corporation or
r ir
* receiver, discharging an employee, shall have failed to give such
employee a true statement of the causes of his discharge, within
ten days after a demand in writing therefor, and shall thereafter
furnish any other person or corporation any statement or com­
munication in regard to such discharge, unless at the request of
the discharged employee.
Refusing em- 6. Where any corporation, or receiver of same, doing business
pi oyme nt to \ a this State, or any officer or agent of such corporation or resSkesPantS ln ceiver, shall discriminate against any person seeking employment
on account of his having participated in a strike,



LABOR LAWS— TEXAS— REVISED CIVIL STATUTES— 1911.

2075

7. Where any corporation, or receiver of the same, doing busi- R e p o r t i n g
ness in this State, or any officer or agent of such corporation or Sfstrikes. °a
receiver, shall give any information or communication in regard
to a person seeking employment having participated in any strike,
unless such person violated the law during his participation on
[in] such strike, or in connection therewith, and unless such in­
formation is given in compliance with subdivision 1 of this article.
Subdivision 5 of the above article only requires th a t the employer give
in good fa ith his reason for a discharge; nor is he liable because a court
m ight not regard the reason in the same light. 137 S. W. 343.

A rt. 595. Any and all discriminations against persons seeking D iscrim inaemployment as defined in this title are hereby prohibited and are tion*
declared to be illegal.
A r t. 596. Every foreign corporation violating any of the provi- Violation by
sions of this title is hereby denied the right, and is prohibited
corP°'
from doing any business within this State, and it shall be the duty ‘ n*
of the attorney general to enforce this provision, ♦ * *
A rt. 597. Each and every person, company or corporation, who Violation, genshall in any manner violate any of the provisions of this title eralshall, for each and every offense committed, forfeit and pay the
sum of one thousand dollars, * * *
A r t . 599. In prosecutions for the violation of any of the provi
Violation by
sions of this title, evidence that any person has acted as the agent agent is act cf
of a corporation in the transaction of its business in this State corP°ra 1<m
shall be received as prima facie proof that his act in the name,
behalf or interest of the corporation of which he was acting as
the agent, wr.s the act of the corporation.
A r t s . 600-603. [See A r t. 11Q9, p. 2093.]
A rt. 604. Said written statement of cause of discharge, if true,
statement of
when so made by such agent, company or corporation, shall never cause of dis
be used as a cause for an action for libel, either civil or criminal, c h a r g e not
against the agent, company or corporation so furnishing same.
§e?.U
This statu te does not deny freedom of speech, nor does it authorize un­
reasonable searches and seizures. Its application to corporations only does
not deprive them of the equal protection of the laws. Statements under
it are not privileged to the extent of relieving from liability for statem ents
not made honestly, fairly, and in good faith. 154 S. W. 583.

Labor organizations—Incorporation.
A r t i c l e 1120. Private corporations may be created by the volunWho may intary association of three or more persons for the purposes and in corP°ra e*
the manner hereinafter mentioned.
A rt . 1121. The purposes for which private corporations may be Purposes,
formed are:
*
*
*
*
*
48. The organization of laborers, workingmen, wage earners and
farmers to protect themselves in their various pursuits.
*
*
*
*
*

S afety of employees—Bands, ties, etc., of cotton bales.
A r t i c l e 1322. Every person, firm, corporation or association of a^ e toireiSndsS
persons, owning or operating a compress in this State, and their ties, etc.
’
agents and employees, are hereby required, in compressing, recom­
pressing, baling or rebaling cotton bales, to so bind and tie every
bale of cotton by them compressed, recompressed, baled or rebaled,
that no such bale shall be delivered to any railroad company, or
other common carrier, by such person, firm, corporation or asso­
ciation of persons, their agents or employees, unless such bale of
cotton shall be free from all or any dangerously exposed ends of
bands or buckles, or any dangerously exposed or protruding part
of the ties, bands, buckles or splices used in tying or binding such
bale of cotton. And any such person, firm, corporation or associ- Violations,
ation of persons, who shall fail to bind or tie any bale of cotton
by them compressed, recompressed, baled or rebaled, in the man­
ner above provided, and shall deliver, or cause to be delivered,

any such bale of cotton, to any railroad company, or other com-



2076

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

moil carrier, such person, firm, corporation or association of per­
sons, shall forfeit and pay to the State of Texas the sum of not
less than fifty dollars nor more than two hundred and fifty dol­
lars, which may be recovered in a civil suit brought in the name
of the State of Texas in a court of competent jurisdiction.
A rt. 1323. Any person, firm, corporation or association of per­
sons, receiving for storage, loading for transportation, or trans­
porting, any such compressed bale or bales of cotton, in this State,
containing any dangerously exposed ends of bands or buckles, or
any dangerously protruding part or parts of the ties, bands,
buckles or splices used in tying or binding such bale or bales of
cotton, shall be liable in damages for injury to any person in the
employ of such person, firm, corporation 01* association of persons,
occasioned by reason of such dangerously exposed ends of bands 01*
buckles, or any dangerously exposed or protruding part or parts
of the ties, bands, buckles or splices used in tying or binding such
bale or bales of cotton, while in the discharge of the duties of
Duty of in.- such employment. The duty of inspection of such bales of cotton
spection.
shall be on the employer and not on the employee.
Enforcement. A rt. 1324. It shall be especially the duty of the commissioner of
labor and his deputies to see that the provisions of articles 1322
and 1323 hereof are observed and enforced; and, in pursuance
thereof, he shall obtain and collect evidence of all violations of
said provisions upon the part of persons, firms, corporations and
associations of persons engaged in the business of compressing
cotton, who shall fail to comply with the said provisions. The
commissioner of labor shall file annual statements with the gov­
ernor, showing in detail all expenses incurred by him in connection
with his duties under this act.
Suits against railroad companies.
A r ticle 1830.

*

*

*

*

*

Where suits 26. All suits against railroad corporations, or against any
fo r d a m a g e s a ssignee, trustee or receiver operating any railway in the State
brought.
e ot Texas, for damages arising fiom personal injuries, resulting in

death or otherwise, shall be brought either in the county in which
the injury occurred, or in the county in which the plaintiff re­
sided at the time of the injury: Provided, That if the defendant
railroad corporation does not run or operate its railway in, or
through, the county in which the plaintiff resided at the time of the
injury, and has no agent in said county, then said suit shall be
brought either in the county in which the injury occurred, or in the
county nearest that in which the plaintiff resided at the time of the
injury, in which the defendant corporation runs or operates its
road, or has an agent: And provided, further, That, in case that
the plaintiff is a nonresident of the State of Texas, then such suit
may be brought in any county in which the defendant corpora­
tion may run or operate its railroad, or may have an agent:
Provided, That, when an injury occurs within one-half mile from
the boundary line dividing two counties, suit may be brought
in either of said counties.
S u i t s f or 27. Suits by mechanics, laborers and operatives, for their wages
wages.
due by railroad companies, may be instituted and prosecuted in
any county in this State where such labor was performed, or in
which the cause of action, or part thereof, accrued, or in the
county in which the principal office of such railroad company is
situated; and, in all such suits, service of process may be made
in the manner now required by law.
♦

*

*

Wages as preferred claims—In receiverships.
Wages a prior
claim.

A r ticle 2135. All moneys that come into the hands of a re­
eeiver as such receiver shall be applied as follows: First, to the




*

LABOR LAWS----TEXAS----REVISED CIVIL STATUTES----1911.

2077

payment of all court costs of tlie suit; second, to tlie payment of
all wages of employees due by the receiver; * * *
Suits for wages—A ttorneys’ fees.
A rtic l e 2178. Any person in this State having a valid, bona fide c la im a n t may
claim against any person or corporation doing business in this recover foe.
State, for personal services rendered or for labor done, * * *
may present the same to sucli person or corporation or to any
duly authorized agent thereof, in any county where suit may be
instituted for the sam e; and if, at the expiration of thirty days
after the presentation of such claim, the same has not been paid
or satisfied, he may immediately institute suit thereon in the
proper court; and if he shall finally establish his claim, and ob­
tain judgment for the full amount thereof, as presented for pay­
ment to such person or corporation in such court, he shall be en­
titled to recover the amount of such claim and all costs of suit,
and, in addition thereto, a reasonable amount as attorney’s fees:
Provided, He has an attorney employed in the case, not to exceed
twenty dollars, to be determined by the court or jury trying the
case.
A rt . 2179. Nothing in this chapter shall be construed to repeal,
or in any manner affect, any provision of the law now in force,
giving a remedy to persons having claims of the character men­
tioned in this chapter, but the same shall be considered as cumu­
lative of all other remedies given to such person or persons.

Exemption of wages from attachment, eve.
A rtic l e 3785. The following property shall be reserved to every
w a g e s re­
family, exempt from attachment or execution and every other served to famispecies of forced sale for the payment of debts, except as herein-lies >
after provided:
*
*
*
*
*
16. All current wages for personal services.
A r t . 3788. The following property shall be reserved to persons To individuals,
who are not constituents of a family, exempt from attachment,
execution and every other species of forced sale:
*
*
*
*
$
5. Current wages for personal services.

Bureau of labor statistics.
A r t ic l e 5235. The bureau of labor statistics shall be under the Bureau crecharge and control of a commissioner of labor statistics.
ated*
A rt . 5236. The commissioner of labor statistics shall be ap- Commissioner,
pointed by the governor, whose term of office shall begin on the
first day of February of every odd-numbered year, and shall con­
tinue for two years, and until his successor is appointed and quali­
fied. The commissioner may be removed for cause by the gov­
ernor, record thereof being made in his offiec [sic], and any
vacancy shall be filled in the same maimer as the original appoint­
ment. Said commissioner shall give bond in the sum of two Bon<i‘
thousand dollars, with sureties to be approved by the governor,
conditioned for the faithful discharge of the duties of his office,
and he shall also take the oath of office prescribed by the constitu­
tion. "He shall hav.e an office in the capitol building; and, except
as hereinafter provided, he shall safely keep and shall deliver to
his successors all records, papers, documents, correspondence and
property pertaining to or coming into his hands by virtue of his
office.
A rt . 5237. The commissioner shall collect, assort, systematize Duties,
and present in biennial reports to the governor, statistical details
relating to all departments of labor in Texas, and especially as
affecting or bearing upon the commercial, social, educational and

sanitary conditions of the employees and their families, the



2078

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

means of escape from dangers incident to tlieir employment, the
protection of life and health in factories and other places of em­
ployment, the labor of children and of women and the number of
hours of labor exacted of them, and, in general, all matters and
things which affect or tend to affect the prosperity of the mechani­
cal, manufacturing and productive industries of this State, and of
the persons employed therein. Said commissioner shall, also, as
fully as may be done, collect reliable reports and information
from each county, showing the amount and condition of the me­
chanical, mining and manufacturing interests therein, and all
sites offering natural or acquired advantages for the location and
operation of any of the different branches of industry, and he
shall, by correspondence with interested parties in other parts of
the U nited. States, or in foreign countries, impart to them such
information as may tend to induce the location of manufacturing
and producing plants within the State, together with such infor­
mation as may tend to increase the employment of labor and the
products of such employment in Texas.
Reports.
A rt. 5238. In each biennial report, the commissioner shall give
a full statement of the business of the bureau since the last pre­
ceding report, and such information as may be of value to the in­
dustrial interests and to persons employed therein, showing, among
other things, the number of laborers and mechanics employed, the
number of apprentices in each trade, with the nativity of such
laborers, mechanics and apprentices, the wages earned, the sav­
ings from the same, the age and sex of the persons employed, the
number and character of accidents, the sanitary conditions of
places where persons are employed, the restrictions put upon
apprentices when indentured, the proportion of married employees
living in rented houses, with the average rental paid, the value of
property owned by such employees, and a statement as to the
progress made in schools in operation for the instruction of
students in mechanic arts, and what systems have been found
most practical; but such reports shall not contain more than six
hundred printed pages, and the same shall be printed and dis­
tributed in such manner as is or may be provided by law.
Powers.
A rt. 5239. The commissioner shall have power to issue sub­
poenas, administer oaths and take testimony in all matters related
to the duties herein required of the said bureau, but such testi­
mony must be taken in the vicinity of the residence or office of
the person testifying.
Returns to be A rt. 5240. No report or return made to the bureau under the
vear?ed *W° provisions of this chapter, or the penal laws of this State, and
no schedule, record or document gathered or returned by its
officers- or employees shall be destroyed within two years of the
collection or receipt thereof; but, at the expiration of two years
all such reports, returns, schedules, records and documents as
shall be considered by the commissioner to be of no further value,
shall be destroyed: Provided, That the permission of the governor
shall first be obtained for such destruction.
A c t i o n on A rt . 5241. Upon the written complaint of two or more persons,
complaint.
or upon his failure otherwise to obtain information in accord­
ance with the provisions of this law, the commissioner shall have
the power to enter any factory, mill, workshop, mine, store, busi­
ness house, public or private work, or other establishment or place
where five or more persons are employed at work when the same
is open and in operation, for the purpose of gathering facts and
statistics, such as are contemplated by this chapter, and for the
purpose of examining into the methods of protecting employees
from danger and the sanitary conditions in and around such
building or place, of all of which the said commissioner shall
make and return [to] the bureau of labor statistics a true and
detailed record in writing.
Attorneys to A rt . 5242. If the commissioner shall learn of any violation of
act, when.
ja w
respect to the employment of children, or fire es­
capes, or the safety of employees, or the preservation of health,
or in any other way affecting the employees, he shall at once



LABOR LAWS----TEXAS— REVISED CIVIL STATUTES— 1911.

2079

give written notice of the facts to the county or district attorney
of the county in which the law has been violated, or of some
other county, if any there be, having jurisdiction of the offense,
and the county 01* district attorney to whom such notice has been
given shall immediately institute the proper proceedings against
the guilty person.
A rt . 5243 (as amended by chapter 115, Acts of 1913). The com­ Salaries and
missioner of labor statistics shall receive a salary of $2,000.00 expenses.
per annum, payable monthly, and he shall be allowed a clerk and
statistician at a salary of $125.00 per month, two factory in­
spectors, and one safety-appliance inspector at a salary of $125.00
per month each, to be appointed by him, and such other employees
and assistants as the legislature at any time in the future
authorize. The commissioner shall also be allowed all necessary
postage and stationery and other expense of a similar character
necessary to the transaction of the business of the bureau, and
the said salaries shall be paid as in the case of other State of­
ficers. In addition to his salary the commissioner and any em­
ployee of the said bureau shall be allowed his actual and neces­
sary traveling expenses while in the performance of his duties
under this act, but the total expenses of the said bureau, outside
of the salaries paid, shall not exceed six thousand dollars per
annum.
Labor combinations not unlawful.
Workingmen
A rtic l e 5244. It shall be lawful for any and all persons en­
gaged in any kind of work or labor, manual or mental, or both, to may organize.
associate themselves together and form trades-unions and other
organizations for the purpose of protecting themselves in their
personal work, personal labor, and personal service, in their re­
spective pursuits and employments.
Art. 5245. It shall not be held unlawful for any member or Persuading to
members of such trades-union or other organization or associa­ q u it work.
tion, or any other person, to induce or attempt to induce by peace­
able and lawful means, any person to accept any particular em­
ployment, or quit or relinquish any particular employment in
which such person may then be engaged, or to enter any pursuit,
or refuse to enter any pursuit, or quit or relinquish any pursuit in
which such person may then be engaged: Provided, That such Proviso.
member or members shall not have the right to invade or trespass
upon the premises of another without the consent of the owner
thereof.
A rt . 5246. The foregoing articles shall not be held to apply to A p p li cation
any combination or combinations, association or associations of of law.
capital, or capital and persons, natural or artificial, formed for the
purpose of limiting the production or consumption of labor’s prod­
ucts, or for any other purpose in restraint of trade: Provided, That Provisos.
nothing herein contained shall be held to interfere with the terms
and conditions of private contract with regard to the time of
service, or other stipulations between employers and employees:
Provided, further, That nothing herein contained shall be construed
to repeal, affect or diminish the force and effect of any statute now
existing on the subject of trusts, conspiracies against trade, pools
and monopolies.

Action for personal injuries.
A r tic l e 5686. Causes of action upon which suit has been or Survival o f
may hereafter be brought by the injured party for personal inju­ cause of action.
ries other than those resulting in death, whether such injuries be
to the health or to the reputation, or to the person of the injured
party, shall not abate by reason of his death, nor by reason of the
death of the person against whom such cause of action shall have
accrued; but, in the case of the death of either or both, such
cause of action shall survive to and in favor of the heirs and legal

representatives of such injured party and against the person, re-



2080

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

ceiver 01* corporation liable for such injuries and his legal repre­
sentatives; and so surviving, such cause may be thereafter prose­
cuted in like manner and with like legal effect as would a cause
of action for injuries to personal property.
Limitation of a r t . 5687. There shall be commenced and prosecuted within
two years.
^wo yearg after the cause of action shall have accrued, and not
afterward, all actions or suits in court of the following descrip­
tion :
*
*
*
*
*
*
*
6. Action for injuries done to the person of another.
*
*
*
*
*
*
*
Contracts as A rt. 5714. * * * no stipulation in any contract between a
to notice.
person, corporation or receiver operating railroad, or street rail­
way or interurban railroad, and an employee or servant requiring
notice of a claim by an employee or servant for damages for in­
jury received to the person, or by a husband, wife, father, mother,
child or children of a deceased employee for his or her death,
caused by negligence as a condition precedent to liability, shall
ever be valid. * * *
Mine regulations.
Mining board.

A rticle 5923. For the purpose of securing efficiency in the mine
inspection service, a board of examiners, to be known as the State
mining board, whose duty it shall be to make formal inquiry
into and pass upon the practical and technical qualifications and
personal fitness of persons seeking appointments as State inspector
of mines, shall be appointed by the governor.
How m a d e A rt. 5924. Said board shall be composed of seven members, three
U*
P
of whom shall be practical miners, three shall be mine operators;
and it shall be the first duty of the six members thus appointed
to nominate to the governor the seventh member of said board:
Provided, That if the six members aforesaid shall fail for a period
of ten days after their appointment to so nominate the seventh
member, the same shall be appointed by the governor. Said board
shall hold office for a period of two years and until their suc­
cessors have been appointed and qualified.
Duty.
A rt. 5925. The board shall meet in the capitol building at Austin
biennially, for the purpose of hearing applications for the office of
State mining inspector. It shall be the duty of the board to
thoroughly examine all applicants who may come before it, and
to select from among such applicants the person who in its opinion
is best qualified to perform the duties of State mining inspector;
and, upon the nomination of said board, the governor shall appoint
the person so recommended.
Inspector.
a r t . 5926. The State mine inspector shall be a citizen of the
United States, and shall have resided in the State of Texas for
one year, of temperate habits, of good repute, a man of personal
integrity, shall have attained the age of thirty years, and shall
have had at least five years’ experience working in and around
coal mines, and shall not have any pecuniary interest whatever
in any mine in this State. He shall hold office for a period of
two years, unless sooner removed as provided herein.
Supervision a r t . 5927. It shall be the duty of the State mining board to exerby board.
c -ge gllp eryi Sion o v e r the acts of the State mine inspector, and, in
the event of his incompetency or the neglect of his duty being
proved to the board, said board shall recommend to the governor
that he be removed from office, and his successor shall be chosen
as herein provided.
Meetings.
a r t . 5928. The State mining board shall meet twice each year,
and at such time and place as the majority may select, for the pur­
pose of receiving reports from the inspector and instructing him
in the performance of his duty.
CompensaA rt. 5929. The members of the State mining board shall receive
tl0n’
as compensation for their services the sum of five dollars per day
for a period not exceeding thirty days in any one year, and
traveling expenses in going to and returning from board meetings.




LABOR LAWS----TEXAS----REVISED CIVIL STATUTES— 1911.

2081

A rt. 5920. It shall be the duty of the State mining inspector to
enforce the provisions of this chapter under the instructions of the inspector to
State mining board, and to make a report to said board at its semi- enforce law.
annual meetings, and oftener if required. He shall receive for
his services the sum of two thousand dollars per year, and actual
traveling expenses incurred in the discharge of his d u ty: Provided,
That his traveling expenses shall not in any one year exceed the
sum of one thousand dollars. Said mining inspector shall file an
itemized statement, showing the actual amounts expended, and
the number of times he inspected each mine or mines.
A r t . 5931. It shall be the duty of the State mining inspector to
enforce the provisions of this chapter under the instruction of the # Acts t o be
State mining board, and to make report to said board at its semi- im partial,
annual meetings and oftener if required: Provided, That neither
the instructions of said board nor the acts of said inspector shall
ever discriminate in favor of or against any mine or mines, nor
against any owner, operator or employee of any mine or mines;
but said acts, either of the board, or of the inspector, shall be
impartial, fair and just to all persons or corporations subject to
this chapter.
A r t . 5932. Before receiving his appointment by the governor, the
inspector of mines shall be required to enter into and deliver to Bond,
the governor a good and sufficient bond in the sum of ten thousand
dollars, with at least three good, lawful and sufficient sureties
for the faithful and impartial performance of his duty; and the
sureties herein required shall make affidavit before some officer
authorized to administer oaths that they, in their own right,
over and above all exemption, are worth the full amount of the
bond they sign as sureties, said bond to be approved by the gov­
ernor, provided he is satisfied as to its sufficiency, and said bond
shall be conditioned that there shall be no discrimination in
favor of or against any mine or mines, nor against any owner,
operator or employee of any mine or m ines: Provided, further, If
the fact may be shown that said inspector has discriminated Liability for
against and to the injury of any mine or mines, or against and to discrim ination,
the injury of any owner, operator or employee, then the said
owner, operator or employee may sue upon the bond herein pro­
vided for, and shall be entitled to recover such liquidated damages
as may be proven and shown in such suit.
A r t . 5933. Any shaft in process of sinking, and any opening
projected for the purpose of mining coal of all kinds, shall be sub- Application of
jected to the provisions of this chapter [Arts. 5933-5946]. At the law.
bottom of every shaft and every caging place therein, a safe [and]
commodious passageway must be cut around said landing place,
to serve as a traveling way by which employees shall pass from
one side of the shaft to the other without passing under or on
Traveling
the cage. The upper and lower landings at the top of each shaft, way.
and the openings of each intermediate seam from or to the shaft,
shall be clear and free from loose materials and shall be securely
fenced with automatic or other gates or bars so as to prevent
either men or materials from falling into the shaft. Every hoist- Qates
ing shaft must be equipped with substantial cages fitted to guide
rails running from the top to the bottom. Said cages must be
safely constructed, they must be furnished with suitable boileriron covers to protect persons riding thereon from falling objects,
and they must be equipped with safety catches. Every cage on
which people are carried must be fitted with iron bars, rings or
chains in proper place and in sufficient number to furnish a secure
ges’
handhold for every person permitted to ride thereon. At the top
landing, cage supports, where necessary, must be carefully set
and adjusted so as to work properly and securely hold the cages
when at rest. In all cases where the human voice can not be dis­
tinctly heard, there shall be provided a metal tube or telephone
Speaking
from the top to the bottom of the shaft or slope through which tubes, etc.
conversation may be held between persons at the bottom and top
of such shaft or slope, and that there shall also be maintained an
 39387°—Bull. 148, pt 2—14------55


2082

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

efficient system of signaling to and from the top of the shaft or
slope and each seam or opening. Every underground place on
wliich persons travel, worked by self-acting engines, windlasses or
machinery of any description, shall be provided with practical
means of signaling between the stopping places and the ends of
the plane, and shall further be provided, at intervals of not more
than sixty feet, with sufficient manholes for places of refuge.
Timbers.
5934. Every mine shall be supplied with props and timbers
of suitable length and siz e; and, if from any cause the timbers are
aot supplied when required, the miners shall vacate any and all
such working places until supplied with timber needed.
> rkia !J<
?oued Art . 5935. All openings connecting with worked-out or aban' 01 mgs'
doned portions of every operated mine likely to accumulate explo­
sive gases or dangerous conditions shall be securely gobbed and
blocked off from the operated portions thereof, so as to protect
every person working in such mines from all danger that may be
caused or produced by such wT
orked-out portions of such mines.
Ventilation.
Art. 5936. Throughout every mine there shall be maintained
currents of fresh air sufficient for the health and safety of all
men and animals employed therein, and such ventilation shall be
produced by a fan or some other artificial means: Provided, A
furnace shall not be used for ventilating any mine in which ex­
plosive gases are generated. The quantity of air required to be
kept in circulation and passing a given point shall be not less than
one hundred cubic feet per minute for each person, and not less
than three hundred cubic feet per minute for each animal, in
the mine, measured at the foot of the downcast; and this quantity
may be increased at the discretion of the inspector, whenever in
his judgment unusual conditions make a stronger current neces­
sary. Said current shall be forced into every working place
throughout the mine, so that all parts of the same shall be reason­
ably free from standing powder smoke and deleterious air of any
kind. The measurement of the current of air shall be taken with
an anemometer a t-th e foot of the downcast, at the foot of the
upcast and at the working face of each division or split of the air
current. The main current of air shall be split or subdivided [so]
as to provide a separate current of reasonably pure air to every
one hundred’ men at w ork; and the inspector shall have authority
to order separate currents for smaller groups of men, if in his
judgment special conditions make it necessary. The air current
for ventilating the stable shall not pass into the intake air current
for ventilating the working parts of the mine. Whenever the in­
spector shall find men working without sufficient air, he shall at
once give the mine manager or operator notice and a reasonable
time in which to restore the current; and, upon his or their re­
fusal or neglect to act promptly, the inspector may order the en­
dangered men out of the mine.
Cut-throughs. A r t . 5937. It shall be tlie duty of the mine foreman to see that
proper cut-throughs are made in all the pillars at such distances
as in the judgment of the mine inspector may be deemed requi­
site, not more than twenty yards nor less than ten yards apart,
for the purpose of ventilation; and the ventilation shall be con­
ducted through said cut-throughs into the rooms and entries by
means of check doors made of canvas 01* other material, placed
on the entries or in other suitable places; and he shall not permit
any room to be opened in advance of the ventilating current.
Should the mine inspector discover any room, entry, airway, or
other working place, being driven in advance of the air current
contrary to the requirements of this article, he shall order the
Workmen in such places to cease work at once until the law is
complied with.
Notice of fire A rt . 5938. Immediate notice must be conveyed by the miner or
dump.
mine owner to the inspector upon the appearance of any large
body of fire damp in any mine, whether accompanied by any ex­
plosion or not, and upon the concurrence [occurrence] of any
serious fire within the mine or on the surface.
M a n h o le s .




LABOR LAWS----TEXAS— REVISED CIVIL STATUTES— 1911.

2083

A rt . 5939. Cages on which men are riding shall not be lifted or Use of cages.
lowered at a rate greater than six hundred feet per minute, except
with the written consent of the inspector. No persons [sic] shall
carry any tools or material with him on a cage in motion, except
for use in making repairs; and no one shall ride on a cage while
the other cage contains a loaded car. No cage having an unstable
or self-dumping platform shall be used for the carriage of men or
materials, unless the same is provided with some convenient device
by which said platform can be securely locked, and unless it is
so locked whenever men or material are being conveyed thereon.
Powder.
A r t . 5940. No miner or other person shall carry powder into the
mine, except in the original keg, or in a regulation powder can
securely fastened, and the can in otherwise air-tight condition.
A rt. 5941. At any mine where the inspector shall find fire damp Safety lamps.
is being generated so as to require the use of a safety lamp in any
part thereof, the operator of such mine, upon receiving notice from
the inspector that one or more such lamps are necessary for the
safety of the men in the mines, shall at once procure and keep for
use such number of safety lamps as may be necessary.
A rt . 5942. It shall be unlawful for any miner, workman or other Injuring, etc.,
person knowingly or carelessly to injure any shaft, safety lamp, appliances.
instrument, air course or brattice, or to obstruct or throw open
an airway, or to carry any open lamp or lighted pipe, or fire in
any form, into a place worked by the light of safety lamps, or
within three feet of any open powder, or to handle or disturb any
part of the hoisting machinery, or to enter any part of the mine
against caution, or to do any w illful act whereby the lives or
health of persons working in mines, or the security of the mine
machinery thereof, is endangered.
>
A rt . 5943. It shall be the duty of every operator to post on the Rules to T e
engine house and at the pit top of his mine, in such manner that posted.
the employees of the mine can read them, rules not inconsistent
with this law, plainly printed in the English language, which shall
govern all persons working in the mine. And the posting of such
notice, as provided, shall charge all employees of such mine with
legal notice of the contents thereof.
Scales.
A rt . 5944. The owner or operator of every mine shall provide
adequate and accurate scales for weighing coal; and it shall be
the duty of the mine inspector to examine such scales; and, if
same are not found to be accurate, he shall notify the owner to
repair same; and, if such owner fails or refuses to repair same
within a reasonable time, said inspector shall institute proceedings
under the law against the proper parties.
A rt . 5945. The employees in any mine in this State shall have C heckw eigh­
the right to employ a checkweighman at their own option and man.
their own expense.
A rt . 5946. No miner or other person employed in a mine, shall Oil.
use any kind of oil other than a good quality of lard oil for light­
ing purposes, except when repairing downcast or upcast shafts.

Railroad regulations.
H ead
A rtic l e 6565. It shall be the duty of every railroad corporation, required. lig h ts
or receiver or lessee thereof, operating any line of railroad in this
State, to equip all locomotive engines used in the transportation
of trains over said railroad with electric headlights of not less
than fifteen hundred candlepower, measured without the aid of
a reflector, or other headlights of not less than fifteen hundred
candlepower, measured without the aid of a reflector: Provided,
That this article shall not apply to locomotive engines regularly
used in the switching of cars or trains.
Art. 6566. Any railroad company or the receiver or lessee Violation.
thereof, doing business in the State of Texas, which shall violate
the provisions of the preceding article, shall be liable to the State
of Texas for a penalty of not less than one hundred dollars nor
more than one thousand dollars for each offense; * * *
. 6567. It shall be the duty of every railway corporation Switch lights.
A rt



2084

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

operating any line of railway in the State of Texas to place and
maintain good and sufficient switch lights on all their main line
switches connected with the main line, and to keep the same
lighted from sunset until sunrise: Provided, That this article shall
not apply to railways which have all their locomotives equipped
with electric headlights.
? e r ailing
A rt . 6568. It shall be the duty of every railway corporation opswitc es.
erating any line of railway in the State of Texas to place and
maintain good and safe derailing switches on all of their sidings
connecting with the main line of such railway, and upon which
sidings cars are left standing: Provided, That no derailing
switches shall be required where the siding connects with main
line on an upgrade in the direction of the main line of one-half
of one per cent or over: Provided further, That no derailing
switches shall be required on inside tracks at terminal points
where regular switching crews are employed.
Violations.
A rt . 6509. Any railway corporation which shall willfully vio­
late any of the provisions of the two preceding articles shall be
liable to the State of Texas for a penalty of not less than one
hundred dollars nor more than one thousand dollars for each
offense; * * *.
brakeman & - A r t * 6571. Every such company shall have a good and suffire
quired.
cient brake upon the hindmost car on all trains transporting pas­
sengers and merchandise, and also permanently stationed there a
trusty and faithful brakeman, under a penalty of not exceeding
one hundred dollars for each offense, to be recovered by suit in
the name of the State.
p (a T s e n g e r A rt . 6572. It shall be unlawful for any railroad company, or
tra in s :
receiver of any railroad company, doing business in the State of
Texas, to run over its road or part of its road, outside of the yard
limits, any passenger train with less than a full passenger crew
consisting of four persons, one engineer, one fireman, one con­
ductor and one brakeman.
Freight, etc., A rt . 6573. It shall be unlawful for any railroad company, or re­
trains;
ceiver of any railroad company, doing business in the State of
Texas, to run over its road, or part of its road, outside the yard
limits, any freight train, gravel train or construction train with
less than a full crew consisting of five persons, one engineer, one
fireman, one conductor and two brakemen.
L i g h t en- A rt . 6574. It shall be unlawful for any railroad company, or regines*
ceiver of any railroad company, doing business in the State of
Texas, to run over its road, or part of its road, outside of the
yard limits, any light engine without a full train crew consisting
of three persons, one engineer, one fireman and one conductor:
Provided, That nothing in the two preceding articles shall be con­
strued as applying in the case of disability of one or more of any
train crew while out on the road between division terminals, or
to switching crews in charge of yard engines, or which may be
required to push trains out of yard limits.
Violations.
A rt . 6575. Any railroad company, or any receiver of any rail­
road company, doing business in the State of Texas, which shall
violate any of the provisions of the three preceding articles shall
be liable to the State of Texas for a penalty of not less than one
hundred dollars or more than one thousand dollars for each
offense; ♦ ♦ *
Exemptions.
A rt . 6576. The provisions of the four preceding articles shall
not apply to or include any railroad company, or receiver or
manager thereof, of any line of railroad in this State, less than
twenty miles in length.
Self-dumping A r t . 6577. It shall be unlawful for any common carrier, enash pans.
gaged in moving commerce in the State of Texas by railroad, to
use in moving such commerce in said State any locomotive not
equipped with an asti pan wT
hich can be dumped or emptied and
cleaned without the necessity of any employee going under such
locomotive.
Violations.
A rt . 6578. Any such common carrier using any locomotive in
violation of the provisions of the preceding article shall be liable




LABOR LAWS----TEXAS----REVISED CIVIL STATUTES----1911.

2085

to the State of Texas for a penalty of not less tlian one hundred
dollars and of not more than one thousand dollars for each
offense; and such penalty shall be recovered, and suit brought in
the name of the State of Texas, in any court of proper jurisdiction
in Travis County, Texas, or in any county into or through which
such carrier may be operating a line of railroad, * * *.
A rt . 6579. The term, “ common carrier ” as used in the two pre- Definition,
ceding articles, shall include the receiver or receivers, or other
persons or corporations charged with the duty of managing and
operating the business of a common carrier.
Art. 6580. Nothing contained in the three preceding articles Exemptions,
shall apply to any locomotive upon which, by reason of the use of
oil, electricity or other such agency, an ash pan is not necessary.
A rt . 6581. Every person, corporation, or receiver, engaged in
S h e a r s re­
constructing or repairing railroad cars, trucks or other railroad (iuired> w enequipment, shall erect and maintain a building or shed at every
station or other point where as many as five men are regularly
employed on such repair work, the building or shed to cover
a sufficient portion of its track so as to provide that all men
regularly employed in the construction and repair of cars, trucks,
or other railroad equipment shall be sheltered from rain and
protected from other inclement weather. The provisions of this
article shall not apply at points where less than five men are regu­
larly employed in the repair service, nor at division terminals,
or other points where it is necessary to make light repairs only
on cars, nor to cars loaded with time or perishable freight, nor
to cars when trains are being held for the movement of said cars.
A rt . 6582. Any person, corporation, or receiver who shall violate
Violations,
the provisions of the foregoing article shall be liable to the State
of Texas for a penalty in any sum not less than fifty dollars nor
more than one hundred dollars, and each ten days of such failure
or refusal to so comply shall be considered a separate infraction
authorizing the recovery of a separate penalty; * * *
A rt . 6584. It shall be unlawful for any railroad company, or reRest of ten
ceiver of any railroad company operating, any line of railroad in tai^empioyees
whole or in part in this State, or any officer, or agent of such rail­
road company or receiver to require or permit any conductor, en­
gineer, fireman or brakeman to be or remain on duty for a longer
period than sixteen consecutive hours; and whenever any such
conductor, engineer, fireman or brakeman shall have been continu­
ously on duty for sixteen hours, he shall be relieved and shall
not be required or permitted again to go on duty until he has had
at least ten consecutive hours off duty; and no such conductor,
engineer, fireman or brakeman who has been on duty sixteen hours
in the aggregate in any twenty-four-hour period shall be re­
quired or permitted to continue or again go on duty without hav- Eight hours
ing had at least eight consecutive hours off duty.
restA rt . 6585. Any railroad company, or receiver of any railroad, Violations,
operating a line of railroad in whole or in part in this State, or
any officer or agent of such railroad or receiver who shall violate
any of the provisions of the preceding article shall be liable to a
penalty of not to exceed five hundred dollars for each and every
violation; * * *. In all prosecutions under this and the pre­
ceding article against any railroad company, or receiver of any
railroad company, such company or receiver shall be deemed
to have had knowledge of all acts of all of its officers and
agents: Provided, That the provisions of this and the preceding
article shall not apply in any case of casualty or unavoidable acci­
dent, or the act of God; nor where the delay was the result of a
cause not known to the carrier or its officer or agent in charge of
any conductor, engineer, fireman or brakeman at the time such
conductor, engineer, fireman or brakeman left a terminal, and
which act could not have been foreseen: Provided, further, That
the provisions of this and the preceding article shall not apply to
crews of wrecking or relief trains.
A rt . 6586. It shall be unlawful for any person, corporation or Lim it of eight
association, operating a railroad within this State, to permit any hours work.




2086

B U L L E T IX

Violations.

of

the

bureau

of

labor

s t a t is t ic s .

telegraph or telephone operator who spaces trains by the use of
the telegraph or telephone under what is known and termed,
“block system ” defined as follow s: Reporting trains to another
office 01* offices, or to a train dispatcher operating one or more
trains under signals, and telegraph or telephone levermen who
manipulate interlocking machines in railroad yards, or on main
tracks out on the lines connecting sidetracks or switches, or train
dispatchers in its service whose duties substantially, as hereinbe­
fore set forth, pertain to the movement of cars, engines or trains
on its railroad by the use of the telegraph or telephone, in dis­
patching or reporting trains, or receiving or transmitting train
orders, as interpreted in this article, to be on duty for more than
eight hours in any twenty-four consecutive hours: Provided, That
the provisions of this article shall not apply to railroad telegraph
or telephone operators at stations where the services of only one
operator is needed.
Art. 6587. Any violation of the preceding article by any person,
corporation or association, shall subject him or it to a penalty of
one hundred dollars for each violation thereof, * * *
Wages of railroad employees—Notice of reduction.

Notice r e A rticle 6620. All persons in the employment of such railway
quired.
company [any railroad company or corporation] shall be entitled

to receive thirty days’ notice from said company before their
wages can be reduced by such company; and, in all cases of re­
duction, the employee shall be entitled to receive from such com­
pany wages at his contract price for the full term of thirty days
after such notice is given, to be recovered in any court of com­
petent jurisdiction.
Form, etc., of A rt. 6621. The notice referred to in the preceding article is
notice. ’
declared to mean thirty full days immediately prior to the day
upon which such reduction is to take effect, and may be given by
posting written or printed handbills, specifying the parties whose
wages are to be reduced and the amount of such reduction, in
at least three conspicuous places in or about each shop, section
house, station, depot, train or other places where said employees
are at work: Provided, Such employee shall, within fifteen days
from the date of such notice, inform such railway company, by
posting like notices as given by such railway company, whether he
w ill or will not accept such reduction; and, if no such information
is given such company by such employee, then such employee shall
forfeit his right to such notice, and such reduction shall take effect
from the date of such notice, instead of at the expiration of thirty
days.
Penalty.
Art. 6622. Any railway company violating or evading any of
the provisions of the preceding article [s] shall pay to each em­
ployee affected thereby one month’s extra wages, to be recovered
by such employee in any court of competent jurisdiction.
L iability of railroad companies for injuries to employees.
A al™°sintlel’ Article 6640. Every person, receiver, or corporation operating a
C
low serva t . raj]road or street railway, the line of which shall be situated in
whole or in part in this State, shall be liable for all damages
sustained by any servant or employee thereof while engaged in
the work of operating the cars, locomotives or trains of such
person, receiver, or corporation, by reason of the negligence of any
other servant or employee of such person, receiver or corpora­
tion, and the fact that such servants or employees were fellow
servants with each other shall not impair or destroy such liability.
H and cars are cars w ithin -the meaning of this section. 57 S. W. Rep. 137.
A member of a section gang* carrying tools on foot and others using a
hand car for the same purpose were held not to be fellow servants. 57
S. W. Rep. 802.
Vice princi- A rt. 6641. All persons engaged in the service of any person, repa u defined,
c eiv er, or corporation controlling or operating a railroad or street




LABOR LAWS----TEXAS----EEVISED CIVIL STATUTES— 1911.

2087

railway, tlie line of which shall be situated in whole or in part in
this State who are intrusted by such person, receiver, or cor­
poration with the authority of superintendence, control or com­
mand of other servants or employees of such person, receiver, or
corporation, or with the authority to direct any other employee in
the performance of any duty of such employee, are vice principals
of such person, receiver, or corporation, and are not fellow serv­
ants with their coemployees.
A rt. 6642. All persons who are engaged in the common service ants defined*7"
of such person, receiver, or corporation controlling or operating a
railroad or street railway, and who while so employed are in the
same grade of employment and are doing the same character of
work or service, and are working together at the same time and
place, and at the same piece of work and to a common purpose,
are fellow servants with each other. Employees who do not come
within the provisions of this article shall not be considered fellow
servants.
A r t . 6643. No contract made between the employer and employee Con t r a c t s
based upon the contingency of death or injury of the employee
and limiting the liability of the employer under the preceding
articles of this chapter, or fixing damages to be recovered, shall
be valid or binding.
A r t . 6644. Nothing in preceding articles of this chapter shall be
Contributory
held to impair or diminish the defense of contributory negligence negugence.
when the injury of the servant or employee is caused proximately
by his own contributory negligence, except as otherwise provided
in this chapter [Art. 6640-6644].
The act is constitutional, 88 S. W. Rep. 257.
I t covers the operation of a logging railroad. 87 S. W. Rep. 358.
The negligent act of a vice principal need not be one of superintendence,
the dual capacity theory being precluded. 89 S. W. Rep. 797.
A section foreman was given damages for injuries caused by the negli­
gence of a subordinate. 85 S. W. Rep. 62.
A r t . 6645. In any suit against a person, corporation, or receiver,
Defense not
operating a railroad or street railway, for damages for the death allowed, when,
or personal injury of an employee or servant, caused by the wrong
or negligence of such person, corporation, or receiver, that the plea
of assumed risk of the deceased or injured employee where the
ground of the plea is knowledge or means of knowledge of the
defect and danger which caused the injury or death, shall not be
available in the following cases:
First. Where such employee had an opportunity before being
injured or killed to inform the employer, or a superior intrusted
by the employer with the authority to remedy or cause to be
remedied the defect, and does notify, or cause to be notified, the
employer or superior thereof, within a reasonable tim e: Provided,
That it shall not be necessary to give such information where the
employer, or such superior thereof, already knows of the defect.
Second. Where a person of ordinary care would have continued
in the service with the knowledge of the defect and danger, and in
such case it shall not be necessary that the servant or employee
give notice of the defect as provided in subdivision one of this
article.

This section does not im pair the obligation of contracts nor interfere
with vested rights, and its enactm ent was w ithin the power of the
legislature. 115 S. W. 601.
^ It^ a jg lies to dangerous places as well as to defective machinery. 118

Art. 6646. Any employee of any common carrier engaged in any Defenses abintrastate commerce, as provided in articles 6640 and 6641 of this rogated.
title, who may be injured or killed shall not be held to have
assumed the risk of his employment, or to have been guilty of
contributory negligence, if the violation of such carrier of any of
the provisions of said articles contributed to the injury or death
of such employee.
A r t . 6647. Employees of railway companies employed by said A ssu m p tio n
companies in the operation of trains within this State, propelled of risk,
by two or more engines, shall not be held to assume the risk, if



2088

BULLETIN OF THE BUBEAU OF LABOR STATISTICS.

any there be, incident to their employment: Provided, That they
be injured while engaged in operation of such tra in s: And provided
further, That such injury was occasioned by reason of the opera­
tion of two or more engines on such train instead of one.
Liability on A r t . 6648. Every corporation, receiver, or other person, operataccount of
i n g a n y raiiroad in this State, shall be liable in damages to any
person suffering injury while he is employed by such carrier
operating such railroad, or in case of the death of such employee,
to his or her personal representatives for the benefit of the sur­
viving widow and children, or husband and children, and mother
and father of the deceased, and, if none, then of the next kin
Negligence ot dependent upon such employee for such injury or death resulting
Diovees *°r em in wllole or in Pai‘t from the negligence of any of the officers,
p
*
agents or employees of such carrier; or by reason of any defect
Defects i n 0r insufficiency due to its negligence, in its cars, engines, appliances,
Stances
&P" machinery, track, roadbed, works, boats, wharves, or other equipRecovery ex- m ent: Provided, That the amount recovered shall not be liable for
empt.
the debts of deceased and shall be divided among the persons en­
titled to the benefit of the action or such of them as shall be alive,
in such shares as the jury, or court trying the case without a jury,
shall deem proper: And provided, That in case of the death of such
employee, the action may be brought without administration by
all the parties entitled thereto, or by any one or more of them
for the benefit of all, and, if all parties be not before the court,
the action may proceed for the benefit of such of said parties as
are before the court.
Comparative A rt . 6649. In all actions hereafter brought against any such
negligence.
common carrier or railroad under or by virtue of any of the
provisions of the foregoing article and the three succeeding arti­
cles to recover damages for personal injuries to an employee, or
where such injuries have resulted in his death, the fact that the
employee may have been guilty of contributory negligence shall
not bar a recovery, but the damages shall be diminished by the
jury in proportion to the amount of 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 violations by such common car­
rier of any statute enacted for the safety of employees contributed
to the injury or death of such employee.
A ssu m p tio n A rt . 6650. Any action brought against any common carrier
of risks.
under or by virtue of any of the provisions of the two preceding
articles to recover damages for injuries to or the death of any
of its employees, such employee shall not be held to have as­
sumed the risks of his employment in any case where the violation
of such common carrier of any statute enacted for the safety
of employees contributed to the injury or death of such employee.
Contracts of A rt . 6651. Any contract, rule, regulation or device whatsoever,
waiver.
p Urp 0Se or intent of which shall be to enable any common
carrier to exempt itself from any liability created by the three
preceding articles shall to that extent be v o id : P rovided, That,
in any action brought against any such common carrier under
or by virtue of said articles, such common carrier may set off
therein any sum it has contributed or paid to any insurance,
relief benefit or indemnity that may have been paid to the in­
jured employee, or the person entitled thereto, on account of the
injury or death for which said action was brought.
Construction A rt . 6652. Nothing in the provisions of the four preceding arof act*
tid es shall be held to limit the duty or liability of common car­
riers, or to impair the rights of employees, under other articles
of this chapter, or under the provisions of the Revised Civil
Statutes, but, in case of conflict, these articles shall prevail; and
nothing in said article shall affect the prosecution of any pending
proceeding or right of action under any of the laws of this
State.
This sta tu te is not class legislation and is constitutional.
819.




134 S. W.

LABOR LAWS----TEXAS— REVISED CIVIL STATUTES— 1911.

2089

Railroads—Regulations.
A r tic l e 6702. In any case where the tracks of two or more
Interlocking
railways cross each other at a common grade in this State, it evlcesshall be the duty of such railroad company to protect such cross­
ings by interlocking or other safety devices and regulations to be
designated by the railroad commission of Texas, to prevent trains
colliding at such crossings.
A rt . 6706. Where an unreasonable degree of hazard results to Use of two
its employees, it is hereby declared to be an abuse of its franchise t°£ijf0tlves 011
and privileges for any railroad company, or receiver, operating a
line of railroad in this State to run or operate more than one
. working locomotive at the same time in propelling or moving any
one train of cars, except in moving trains up steep grades, or
where a locomotive propelling the train becomes temporarily dis­
abled after leaving the term inal; and it shall be the duty of the
railroad commission to investigate such abuses and see that the
same are corrected, regulated, or prohibited as hereinafter pro­
vided.
A rt . 6707. After such investigation, should the railroad com- Commission
mission decide to regulate or forbid the practice of using m oreto issue order,
than one working locomotive in the operation of any train at
the same time on any railroad, or part of railroad, within this
State, then it shall be their duty to make and record an order
fully setting forth their decision and clearly designating the rail­
road, or part of railroad, on which such practice is forbidden or
regulated, and how regulated. Notice of said order shall be
served upon said railroad affected by it. Said notice shall con­
tain in full a copy of said order, and shall be directed to the
sheriff or any constable of the county where the general offices
of such railroad are located; and a copy of the same shall be
delivered by the officer executing the same to the president, or
the vice president, or the general manager, or the general super­
intendent, or any general *officer of said railroad in this State
residing in said county; and said officer executing said writ shall
make his return on the original, and deliver the same with his
return forthwith to the commission.
Art. ’ 708. It shall be the duty of such railroad to obey said 0JH?lat,on of
6
order; and any railroad corporation, or receiver, who shall at
any time after such notice shall have been served for ten days
violate the order of the commission, shall be liable to the State
of Texas for a penalty of not less than five hundred dollars nor
more than five thousand dollars for each offense; * * *
A rt . 6709. It shall be unlawful for any common carrier engaged Power brakes,
in intrastate commerce by railroad within the State of Texas to
use on its lines in moving intrastate traffic within said State any
locomotive engine not equipped with a power driving-wheel brake
and appliances for operating the train-brake system, or to run
any train in such traffic that has not a sufficient number of cars
in it so equipped with power or train brakes that the engineer
on the locomotive drawing such train can control its speed with­
out requiring brakemen to use the common hand brake for that
purpose, or to run any train in such traffic that has not all of the
power or train brakes in it used and operated by such engineer,
or to run any train in such traffic that has not at least seventyfive per centum of the cars in it equipped with power or train
brakes; and for the purpose of fully carrying into effect the
objects of this and the five succeeding articles, the railroad com­
mission of Texas may, from time to time, after full hearing by
public order, increase the minimum percentage of cars in any
train which shall be equipped with power or train brakes; and
after such minimum percentage has been so increased it shall be
unlawful for any common carrier to run any train in such traffic
which does not comply with such increased minimum percentage.
A r t . 6710. It shall be unlawful for any common carrier, engaged A u t o m a t i c
in commerce as aforesaid, to haul or permit to be hauled- or used C PlerS;
0U
on its line of railroad within the State of Texas, any locomotive,




2090

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

tender, car or similar veliicle employed in moving intrastate
traffic within the said State which is not equipped with couplers,
coupling automatically by impact, and which can be coupled and
uncoupled without the necessity of men going between the ends of
locomotives, tenders, cars and similar vehicles.
H e i g h t of Art. 6711. It shall be unlawful for any common carrier, endrawbars.
gaged in commerce as aforesaid, to use in moving intrastate traffic
within said State any locomotive, tender, car or similar vehicle,
any drawbar of which, when measured perpendicularly from the
level of tl:e tops of the track rails upon which such locomotive,
tender, car or similar vehicle is standing to the center of such
drawbar, is more than thirty-four and one-half inches in height,
or less than thirty-one and one-half inches in height.
C a r s , etc., a r t . 6712. When any person, firm, company, corporation, or
inclinesnne receiver engaged in commerce as aforesaid, shall have equipped a
sufficient number of its locomotives, tenders, cars and similar
vehicles so as to comply with the provisions of article 6709, it
may lawfully refuse to receive from connecting lines of road or
shippers any locomotives, tenders, cars, or similar vehicles not
equipped sufficiently, in accordance with article 6709, with such
power or train brakes as will work and readily interchange with
the brakes in use on its own locomotives, tenders, cars, and similar
vehicles, as required by this law.
Gr a b i r o n s ,
A rt . 6713. It shall be unlawful for any common carrier, enetc
gaged in commerce as aforesaid, to use in moving intrastate traffic
within said State any locomotive, tender, cars, or similar vehicle
which is not provided with sufficient and secure grab irons, hand­
holds and foot stirrups.
Violations.
A r t . 6714. Every such common carrier, whether a copartner­
ship, a corporation, a receiver, or an individual or association of
individuals, violating any of the provisions of the five preceding
articles shall be liable to the State of Texas for a penalty of not
less than two hundred nor more than one thousand dollars for
each offense; and such penalty shall be recovered and suit brought
in the name of the State of Texas, in any court of proper juris­
diction in the county of Travis, or in any other county in said
State into or through which such line of railroad may run, * * *
A ntitrust law—Boycotting, etc.
Articles 7796, 779S, 7799, 7806, 7807.
pp. 2094, 2095.]

[See Arts. 1454-1466,

REVISED CRIMINAL STATUTES—1911.
Protection of employees as voters.
Refusing priv- A r ticle 244. Any person or corporation who refuses to an erniiege of voting, ployee entitled to vote the privilege of attending the polls, or sub­

jects such employee to a penalty or deduction of wages because of
the exercise of such privilege, is guilty of a misdemeanor.
Sunday labor.
Sunday labor A rticle 299. Any person who shall hereafter labor, or compel,
forbidden.
force, or oblige his employees, workmen or apprentices to labor

on Sunday, * * * shall be fined not less than ten nor more
than fifty dollars.
Article does Ar.T. 300. The preceding article shall not apply to household
n o t a p p l y , duties, works of necessity or charity; nor to necessary work on
w iere.
farms or plantations in order to prevent the loss of any crop; nor
to the running of steamboats and other water crafts, rail cars,
wagon trains, common carriers, nor to the delivery of goods by
them or the receiving or storing of said goods by the parties or
their agents to whom said goods are delivered; nor to stages car­
rying the United States mail or passengers; nor to foundries,
sugar mills, or herders who have a herd of stock actually gathered




LABOR LAWS— TEXAS— REVISED CRIMINAL STATUTES— 1911.

2091

and under herd; nor to persons traveling; nor to ferrymen or
keepers of toll bridges, keepers of hotels, boarding houses and
restaurants and their servants; nor to keepers of livery stables
and their servants; nor to any person who conscientiously believes
that the seventh or any other day of the week ought to be observed
as the Sabbath, and who actually refrains from business and labor
on that day for religious reasons.
Art. 302. Any merchant, grocer, or dealer in wares or merchan­ Trafficking on
dise, or trader in any business whatsoever, * * * who shall Sunday.
sell, barter, or permit his place of business * * * to be open
for the purpose of traffic * * * on Sunday, shall be fined not
less than twenty nor more than fifty dollars. * * *
A rt. 303. The preceding article shall not apply to markets or Exceptions.
dealers in provisions as to sales of provisions made by them be­
fore 9 o’clock a. m., nor to the sale of burial or shrouding material,
newspapers, ice, ice cream, milk, nor to the sending of telegraph
or telephone messages at any hour of the day, nor to keepers of
drug stores, hotels, boarding houses, restaurants, livery stables,
bath houses, or ice dealers, nor to telegraph or telephone offices.
Labor organizations— Unauthorized use of badges.
Article 425. Any person who shall w illfully and without due Penalty for
u n a thorized
authority use or wear the badge, label or button or other emblem use ofubadges.
of * * * any labor organization, or any order, society or or­
ganization in the State of Texas, or who shall use or wear the
same to obtain aid or assistance or patronage thereby within this
State, unless he shall be entitled to use or wear the same under
the rules and regulations of * * * any labor organization, or
any order, society or organization in the State of Texas, whose
badge, label or button or other emblem was so used or worn, shall
be guilty of a misdemeanor, and, upon conviction thereof, shall be
fined in any sum not exceeding fifty dollars, or imprisoned for a
term not exceeding sixty days, or both, at the discretion of the
court or jury trying the case.
Intimidation of employees.
A rticle 435. An “ unlawful assem bly” is the meeting of three Definition,
or more persons with intent to aid each other by violence, or in
any other maimer either to commit an offense, or illegally to de­
prive any person of any right, or to disturb him in the enjoyment
thereof.
A rt. 445. If the purpose of the unlawful assembly be to prevent In terfe ren c e
any person from pursuing any labor, occupation or employment, w i t h employ­
or to intimidate any person from following his daily avocation, or ment.
to interfere in any manner with the labor or employment of an­
other, the punishment shall be by fine not exceeding five hundred
dollars.
Strikers who prevented a tra in from running and being operated were
guilty of an offense under this section, as interfering w ith the labor and
employment of the conductor in charge of said train. 23 C. App. 330.

Art. 460. If any person, by engaging in a riot, shall prevent any
other person from pursuing any labor, occupation or employment,
or intimidate any other person from following his daily avocation,
or interfere in any manner with the labor or employment of an­
other, he shall be punished by confinement in the county jail not
less than six months nor more than one year.

Same subject.

Employment of women and minors in saloom.
A rticle 622. Every retail liquor dealer, or malt liquor dealer, Employment
* * * who shall have in his employ about his place of busi­ of minors.
ness, * * * any minor * * * shall be guilty of a misde­
meanor, and, upon conviction therefor, shall be punished by a fine
of not less than ten dollars nor more than two hundred dollars,



2092

BULLETIN OF THE BUREAU OP LABOR STATISTICS.

or by imprisonment in the county jail for not longer than sixty
days, or by both such fine and imprisonment.
Of females.
A rt. 626. No retail liquor dealer, or retail malt dealer, shall em­
ploy or suffer to be employed, other than a member of his own
family, any female as a servant, bartender or waitress in his
place of business. * * * and any person violating the pro­
visions of this article shall be deemed guilty of a misdemeanor,
and, upon conviction, shall be punished by imprisonment in the
county jail for not more than twelve months, or by a fine of not
exceeding five hundred dollars, or both such fine and imprison­
ment.
Employment of children to support parents in idleness.
A rticle 634. The following persons are and shall be punished
as vagrants, viz:
*
*
*
*
*
*
*
Who are va(n) All persons who are able to work and do not work, but hire
grants.
0llt their minor children, or allow them to be hired out, and live
upon their wages, being without other means of support.
*
*
*
*
*
*
*

Interference w ith employment.
Act of indi- A r tic l e 1021. Any person who shall, by threatening words, or by
iuais.
aC£S 0£ yi0ience or intimidation, prevent or attempt to prevent an­
other from engaging or remaining in or from performing the
duties of any lawful employment, shall be guilty of a misde­
meanor, and, upon conviction thereof, shall be punished by a fine
of not less than twenty-five nor more than five hundred dollars,
or by confinement not less than one nor more than six months in
the county jail.

Blacklisting—Protection of employees as to trading.
Jail sentence.

A rticle 1190. [See A rt. 594, pp. 2073, 2074.]
A rt. 1191. Every person violating any of the provisions of the

preceding article shall be guilty of a misdemeanor, and, upon con­
viction, shall be punished by imprisonment in the county jail for
not less than one month nor more than one year.
Evidence.
A rt. 1192. In prosecution for the violation of any of the provi­
sions of this law, evidence that any person has acted as the agent
of a corporation in the transaction of its business in this State
shall be received as prima facie proof that his act in the name,
behalf or interest of the corporation, of which he was acting as the
agent, was the act of the corporation.
Definition.
A rt. 1193. He is also guilty of “ blacklisting ” who places, or
causes to be placed, the name of any discharged employee, or any
employee who has voluntarily left the service of any individual,
firm, company or corporation on any book or list, or publishes it in
any newspaper, periodical, letter or circular, with the intent to
prevent said employees from securing employment of any kind
with any other person, firm, corporation or company, either in a
public or private capacity.
Blacklisting A rt. 1194. No corporation, company, or individual shall blaskforbidden.
list [blacklist] or publish, or cause to be blacklisted or pub­
lished, any employee, mechanic or laborer discharged by such cor­
poration, company or individual, with the intent and for the pur­
pose of preventing such employee, mechanic or laborer from en­
gaging in or securing similar or other employment from any other
corporation, company or individual.
A rt. 1195. If any officer or agent of any corporation, company
Penalty.
or individual, or other person, shall blacklist or publish, or cause
to be blacklisted or published, any employee, mechanic or la­
borer discharged by such corporation, company or individual,
with the intent and for the purpose of preventing such employee,



LABOR LAWS----TEXAS----REVISED CRIMINAL STATUTES— 1911.

2093

mechanic or laborer from engaging in or securing similar or
other employment from any other corporation, company or in­
dividual, or shall in any manner conspire or contrive by cor­
respondence or otherwise, to prevent such discharged employee
from procuring employment, as provided in articles 1193 and 1194,
he shall be deemed guilty of 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.
A rt. 1196. But this law shall not be construed as prohibiting A c t c o n any corporation, company or individual, from giving in writing, strued.
on application from such discharged employee, or any corporation,
company or individual who may desire to employ such discharged
employee, a truthful statement of the reason for such discharge:
Provided, That said written cause of discharge, when so made
by such person, agent, company or corporation, shall never be
used as the cause for an action for libel, either civil or criminal,
against the person, agent, company or corporation so furnishing
same.
A rt. 1197. It shall be unlawful for any person or persons, cor- Restriction of
poration or firm, or any agent, manager or board of managers, or employees as to
servant, of any corporation or firm in this State to coerce or trading,
require any servant or employee to deal with or purchase any
article of food, clothing or merchandise of any kind whatever, Blacklisting,
from any person, association, corporation or company, or at any
place or store whatever. And it shall be unlawful for any such
person or persons, or agent, manager, or board of managers, or
servants, to exclude from work, or to punish or blacklist any of
said employees for failure to deal with any such person or per­
sons, or any firm, company or corporation, or to purchase any
article of food, clothing or merchandise whatever at any store or
any place whatever.
Art. 1198. Any person or persons, company or corporation, or Penalty,
association, or any agent, manager or managers, or servant of any
company, corporation or association, described in the foregoing
article, who shall violate any of the provisions of the preceding
article, shall be guilty of a misdemeanor, and, upon conviction,
shall be fined not less than fifty nor more than two hundred dol­
lars for each offense.
A rt. 1199. Upon the application of the attorney general, or of Enforcement,
any district or county attorney, made to any justice of the peace
in this State, and stating that he has reason to believe that a wit­
ness, who is to be found in the county of which such justice of the
peace is an officer, knows of a violation of any of the provisions of
this chapter, it shall be the duty of the justice of the peace to
whom such application is made, to have summoned and to have
examined such witness in relation to violations of any of the pro­
visions of this chapter, said witness to be summoned as provided
for in criminal cases. The said witness shall be duly sworn, and
the justice of the pease [peace] shall cause the statements of the
witness to be reduced to writing and signed and sworn to before
him ; and such sworn statement shall be delivered to the attorney
general, district or county attorney, upon whose application the
witness was summoned. Should the witness, summoned as afore­
said, fail to appear or to make statements of the facts within his
knowledge, under oath, or to sign the same after it has been re­
duced to writing, he shall be guilty of contempt of court, and may
be fined not exceeding one hundred dollars, and may be attached
and imprisoned in the county jail until he shall make a full state­
ment of all the facts within his knowledge with reference to the
matter inquired about. Any person so summoned and examined
shall not be liable to prosecution for any violation of the provisions
of this chapter about which he may testify fully and without
reserve.




2094

BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Intim idation of employees—Preventing the running of trains.

P revent i n g A r ticle 1257. Any person or persons who shall, by force, threats,
the running o f o r intimidation of any kind whatever, against any railroad engiiamb.
neer or engineers> or any conductor, brakeman, or other officer or
employee employed or engaged in running any passenger train,
freight train, or construction train, running upon any railroad in
this State, prevent the moving or running of said passenger,
freight or construction train, shall be deemed guilty of an offense,
and, upon conviction thereof, each andl every person so offending
shall be fined in a sum not less than one hundred dollars nor more
than five hundred dollars, and also imprisoned in the county jail
for any period of time not less than three months nor more than
twelve months.
Separate of- Art. 1258. Each day said train or trains mentioned in the prefenses.
ceding article are prevented from moving on their road, as speci­
fied in the preceding article, shall be deemed a separate offense,
and shall be punished as prescribed in the preceding article.

Employment of seamen as longshoremen.
Foreign sail- A rtic l e 1452. No sailor or portion of the crew of any foreign
or working on seagoing vessel shall engage in working on the wharves or levees
wharf.
of p0rj-g in tbg gtate of Texas beyond the end of the vessel’s

tackle. Any officer, sailor or member of the crew of a foreign
seagoing vessel violating this law shall be deemed guilty of a
misdemeanor, and, on conviction, shall be fined in a sum not less
than ten dollars nor more than one hundred dollars, or be im­
prisoned in the county jail for not less than ten nor more than
thirty days, or both, in the discretion of the court or jury.
A sim ilar Louisiana sta tu te was
the crews of foreign vessels from
such a prohibition would be void
C onstitution relating to commerce

held (66 Fed. Rep. 63) not to prohibit
loading and unloading their ship, as
as contravening the provisions of the
between nations.

A ntitrust laic—Boycotting, etc.
Definition of

trust-

Article 1454. A “ trust ” is a combination of capital, skill or
acts by two or more persons, firms, corporations or associations of
persons, or either two or more of them for either, any, or all of the
following purposes:
1. To create, or which may tend to create or carry out, restric­
tions in trade or commerce or aids to commerce, or in the prepara­
tion of any product for market or transportation, or to create or
carry out restrictions in the free pursuit of any business author­
ized or permitted by the laws of this State.
2. To fix, maintain, increase or reduce the price of merchan­
dise, produce, or commodities, or the cost of insurance, or of the
preparation of any product for market or transportation.
3. To prevent or lessen competition in the manufacture, mak­
ing, transportation, sale or purchase of merchandise, produce, or
commodities, or the business of insurance, or to prevent or lessen
competition in aids to commerce, or in the preparation of any
product for market or transportation.
4. To fix or maintain any standard or figure whereby the price
of any article or commodity of merchandise, produce or commerce,
or the cost of transportation, or insurance, or the preparation of
any product for market or transportation, shall be in any manner
affected, controlled or established.
5. To make, enter into, maintain, execute or carry out any con­
tract, obligation or agreement by which the parties thereto bind,
or have bound, themselves not to sell, dispose of, transport or to
prepare for market or transportation any article or commodity, or
to make any contract of insurance at a price below a common
standard or figure, oi by which they shall agree, in any manner, to
keep the price of such article or commodity, or charge for trans­
portation or insurance, or the cost of the preparation of any prod-




LABOR LAWS----TEXAS----REVISED CRIMINAL STATUTES----1911.

2095

uct for market or transportation, at a fixed or graded figure, or
by which they shall, in any manner, affect or maintain the price
of any commodity or article, or the cost of transportation or insi>ranee, or the cost of the preparation of any product for market
or transportation, between them or themselves and others, to pre­
clude a free and unrestricted competition among themselves or
others in the sale or transportation of any such article or com­
modity or business of transportation or insurance, or the prepara­
tion of any product for market or transportation, or by which
they shall agree to pool, combine or unite any interest they may
have in connection with the sale or purchase of any article or
commodity, or charge for transportation or insurance, or charge
for the preparation of any product for market or transportation,
whereby its price or such charge might be in any manner affected.
6. To regulate, fix or limit the output of any article or com­
modity which may be manufactured, mined, produced or sold, or
the amount of insurance which may be undertaken, or the amount
of work that may be done in the preparation of any product for
market or transportation.
7. To abstain from engaging in or continuing business, or from
the purchase or sale of merchandise, produce or commodities par­
tially or entirely within the State of Texas, or any portion thereof.
Conspiracy.
A bt. 1456. Either or any of the following acts shall constitute a
conspiracy in restraint of trade:
1. Where any two or more persons, firms, corporations or asso­
ciations of persons, who are engaged in buying or selling any arti­
cle of merchandise, produce or any commodity, enter into an
agreement or understanding to refuse to buy from or sell to any
other person, firm, corporation or association of persons, any
article of merchandise, produce or commodity.
2. Where any two or more persons, firms, corporations or asso­ Boycotting.
ciations of persons, shall agree to boycott or threaten to refuse
to buy from or sell to any person, firm, corporation or association
of persons for buying from or selling to any other person, firm,
corporation or association of persons.
Art. 1457. Any and all trusts, ♦ * * and conspiracies in re­ Illegality.
straint of trade, as herein defined, are hereby prohibited and de­
clared to be illegal.
A rt . 1464. Each and every firm, person, corporation or asso­
Violations.
ciation of persons, who shall in any manner violate any of the
provisions of this chapter, shall, for each and every day that such
violation shall be committed or continued, forfeit and pay the sum
of fifty dollars, which may be recovered in the name of the State
of Texas in any county where the offense is committed or where
either of the offenders reside, or in Travis County; * * *
A rt . 1465. Any contract or agreement in violation of the pro­ Certain con­
visions of this chapter shall be absolutely void and not enforcible trac ts void.
[enforceable] either in law or equity.
A rt . 1466. And, in addition to all other penalties and forfei­ Penalty.
tures herein provided for, every person violating the provisions of
this chapter shall be further punished by imprisonment in the
penitentiary not less than two nor more than ten years.
Labor combinations not unlawful.
A r tic l es 1478, 1479.

[See Arts. 5244-5246, p. 2079.]

Railroads—Hours of labor of telegraph, etc., operators.
A r tic l e 1555. It shall be unlawful for any railroad telegraph Working over­
or telephone operator to work more than eight hours in twenty- time.
four consecutive hours at such occupation; and any such operator,
violating this article, shall pay a fine in any sum not less than
twenty-five dollars nor more than one hundred dollars: Provided,
That, in case of an emergency, any operator may remain on duty
for an
additional two hours.



2096

BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Railroads—Cars, etc., to be repaired within the State.

Cars, etc., to A rtic l e 1501. All railroad corporations operating in the State
w i t h f n ^ t h e T e x a s , and having their repair shops within the State, shall,
State, when,
and are hereby required to repair, renovate or rebuild, in the
State of Texas, any and all defective or broken cars, coaches,
locomotives or other equipment, owned or leased by said corpora­
tions in the State of Texas, when such rolling stock is within
the State of Texas: Provided, That such railway shall have, or
be under obligation to have, proper facilities in the State, to do
such w ork: And provided, This chapter shall not be so construed
as to require any railway corporation to violate the safety ap­
pliance law of the Congress of the United- S ta tes: And provided,
further, That no railway shall be required to haul such disabled
equipment a greater distance for repairs at a point within the
State of Texas than would be necessary to reach their repair
shops in another State; And provided, further, That no such rail­
way company shall haul, or be permitted to haul, for purposes of
repair, any disabled equipment by or past any shop owned or
operated by any such company, where said disabled equipment
can be repaired, in order to reach some other repair shop at a
greater distance, for purposes of repairing said disabled equipment:
Provided, That the provisions of this act shall not apply to
companies having less than sixty continuous m iles of railroad in
operation in this State.
Sending Je- A r t . 1562. All railroad corporations operating in the State of .
o£C
tStatearS °Ut Texas> an(i having their repair shops within the State, shall be
prohibited from sending or removing any of their cars, coaches,
locomotives or other equipment out of the State of Texas to be
repaired, renovated or rebuilt, when the same is in a defective
or broken condition, and within the State.
Exemptions. A rt . 1563. The provisions of this chapter shall not apply in
cases of strikes, fires* or other unforeseen casualties and emer­
gencies.
Violations.
A rt. 1564. Any railway corporation, lessee, receiver, superin­
tendent, or agent, who shall violate any of the provisions of this
chapter, shall, after conviction by any court of competent juris­
diction, be liable to a fine of not less than one hundred dollars
nor more than five hundred dollars.

Bureau of labor statistics.
Reports
employers.

of

A r tic l es 1585, 1586. [See Arts. 5237, 5239, pp. 2077, 2078.]
a r t . 1587. It shall be the duty of every owner, manager and

superintendent of every factory, mill, workshop, mine, store,
business house, public or private work, or any other establish­
ment or place, where five or more persons are employed at work,
to make to the bureau of labor statistics, upon blanks to be fur­
nished by such bureau, such reports and returns as said bureau
may require for the purpose of securing such labor statistics as
are contemplated by this chapter; and such reports and returns
shall be made within not to exceed sixty days from the receipt
of the blanks furnished by the commissioner or by the bureau;
and the same shall be verified under oath. Any owner, manager,
superintendent or other person in charge or control of any fac­
tory, mill, workshop, mine, store, business house, public or pri­
vate work, or other establishment or place, where five or more
persons are employed at work, who shall neglect or refuse to
make such reports and returns as are required by the provisions
of this chapter, shall be deemed guilty of a misdemeanor, and,
upon conviction thereof, shall be punished by a fine of not to
exceed one hundred dollars, or by imprisonment in the county
jail for not to exceed thirty days.
Names not to A r t . 1588. In the reports made by the commissioner of labor
he disclosed,
statistics to the governor, the names of individuals, firms or
corporations, supplying information under the provisions of this
chapter, shall not be disclosed; nor shall the name of any such




LABOR LAWS----TEXAS----REVISED CRIMINAL STATUTES----1911.

2097

individual, firm or corporation be communicated to any person
or persons, except such as are employed in the bureau of labor
statistics; and any officer or employee of such bureau violating
any of the provisions of this article shall be deemed guilty of a
misdemeanor, and, upon conviction, shall be fined not to exceed
five hundred dollars, or by imprisonment in the county jail for
not more than ninety days.
A rts. 1589, 1590. [See Arts. 5241, 5242, pp. 2078, 2079.]
Art. 1591. Any owner, manager, superintendent or other perHindering
son in charge or control of any factory, mill, workshop, mine, comm issioner/
store, business house, public or private work, or other establish­
ment or place, where five or more persons are employed at work,
who shall refuse to allow any officer or employee of the said
bureau of labor statistics to enter the same, or to remain therein
for such time as is reasonably necessary, or who shall hinder
any such officer or employee, or in any way prevent or deter him
from collecting information, shall be deemed guilty of a mis­
demeanor, and, upon conviction, shall be fined in any sum not to
exceed one hundred dollars, or imprisonment in the county jail
for not to exceed sixty days.
[See also Arts. 5235-5243, pp. 2077-2079.]
Mine regulations.
A r tic l e 1592. It shall be unlawful for the owner, agent, lessee,

Two outlets

receiver or operator of any mine in this State to employ any per- re<luire< when,
i>
son or persons in said mine for the purpose of working therein,
unless there are in connection with every seam or stratum of coal
or ore worked in such mine not less than two openings or outlets,
separated by a stratum of not less than one hundred and fifty feet
at surface and not less than thirty feet at any place, at which
openings or outlets, safe and distinct means of ingress and egress,
shall, at all times, be available for the persons employed in such
mine. The escapement shafts or slopes shall be fitted with safe
and available appliances, by which the employees of the mine may
readily escape in case of accident. In slopes used as haulage
roads, where the dip or incline is ten degrees or more, there must
be provided a separate traveling way, which shall be maintained
in a safe condition for travel, and kept free from dangerous gases.
A rt . 1593. The time which shall be allowed for completing such
changes8^
escapement shaft or opening as is required by the terms of this
chapter, shall b e : For mines already opened, one year for sinking
any shaft or slope two hundred feet or less in depth, and one
additional year, or pro rata portion thereof, for every additional
two hundred feet or fraction thereof; but, for mines which shall
be opened after the taking effect of this chapter, the time allowed
shall be two years for all shafts or slopes more than two hundred
feet in depth, and one year for all shafts two hundred feet in
depth or le ss; and the time shall be reckoned in all cases from the
date on which coal or ore is first hoisted from the original shaft
or slope, for sale or use.
A r t . 1594. [See Arts. 5933-5935, pp. 2081, 2082.]
A rt . 1595. [See Art. 5936, p. 2082.]
A rts. 1596-1598. [See Arts. 5938-5940, pp. 2082, 2083.]
A rt. 1599. [See Art. 5937, p. 2082.]
A rts. 1600-1605. [See Arts. 5941-5946, p. 2083.]
Art. 1606. Any person who shall w illfully violate any of the pro- Violations,
visions of this act [Arts. 1594-1606] shall be deemed guilty of a
misdemeanor, and, upon conviction, shall be punished by a fine not
exceeding five hundred dollars, or imprisonment in the county jail
for a period not exceeding six months.
ACTS OF 1911.
C h a p t e r 46.—Employment of children—Age limit.
S ec t io n 1. Any person, or any agent, or any employee of any
person, firm or corporation who shall hereafter employ any child
39387°—Bull. 148, p t2 —14------56



Age limit,

2098

BULLETIN OF THE BUREAU OF LABOR STATISTICS.
under the age of fifteen years to labor in or about any manufac-

pangerous or turing or other establishment using dangerous machinery, or about
immoral e m - the machinery in any mill or factory, or in any distillery, brewery,
piovments.
or
labor in any capacity in the manufacture of goods for im­

moral purposes, or where their health may be impaired or morals
debased, or shall send any such child to any disorderly house,
bawdyhouse, or assignation house, or having the control of such
child, shall permit him or her to go to any such house, shall be
deemed guilty of a misdemeanor, and, upon conviction, shall be
fined not less than fifty dollars nor more than two hundred dol­
lars, and each day the provisions of this act are violated shall
constitute a separate offense,
inspection.
gE # i a# Such person, firm or corporation, or any agent thereof,
C
shall give free access at all times to the commissioner of labor
statistics of the State of Texas, and his deputies, for the inspec­
tion of their premises and of the methods employed, to insure
compliance with the provisions of the foregoing section.
Age iimi.t in gE > 2. Any person, agent, or any employee of any person, firm
C
mmes’
or corporation, who shall hereafter employ any child under the
age of 17 years to labor in or about any quarry or mine shall be
punished as provided for in section 1 of this act.
inspection to S ec . 2a. Such person, firm cr corporation, or any agent thereof,
be allowed.
shall give, free access at all time to the commissioner of labor
statistics of the State of Texas, and his deputies, for the inspec­
tion of their premises and of the methods employed, to insure
compliance with the provisions of the foregoing section.
C h a p t e r 63.— Railroads — Safety appliances —I nspector.
inspection re-

S ec t io n 1. It shall be unlawful for any person, corporation or
receiver to operate or cause to be operated any train, on any line
of railroad in this State, without first having the air brakes and
air-brake attachments inspected and tested before leaving the di­
vision terminals for such trains, by a competent inspector, who
shall have had at least three years’ experience as a car inspector
or car repairer: Provided, That this act shall not apply to tramroads engaged in hauling logs to any saw mill.
^Emergencies, gE 2. The provisions of this act shall not apply in case of
C
emergency where such companies can not obtain the employees
mentioned in this act who have the qualifications prescribed by
the provisions thereof; then such companies may employ tem­
porary inspectors: Provided, The provisions of this act do not
apply to railroads under forty miles in length.
Violations.
g EC. 3. Any person, corporation or receiver violating any of the
provisions of this act shall be fined not less than fifty dollars ($50)
nor more than one hundred dollars ($100), and each operation of
any such train without such inspection first having been made, as
provided herein, shall constitute a separate offense.

quired.

C h a p t e r 97.—Mine regulations—Electric wires—Maps.
in s ta lla tio n
S ectio n 1. * * * in all mines in this State where electricity
' wires» e c- is or hereafter shall be used as a part of the system, power or
means of mining and procuring the coal or other mineral from any
of said mines, that the owners or operators of every such mine
shall cause all wires conducting electricity in and about said
mine to be carefully and thoroughly insulated or protected in a
safe manner, so that the person or animals coming in contact
therewith shall not be injured thereby; all wires as aforesaid
shall either be thoroughly insulated or placed where persons em­
ployed in and about the miues can not come in contact therewith,
or shall be covered, protected or shielded in a safe manner, so
as to prevent any injuries or accidents therefrom to those in or
about the mines: Provided, however. It shall not be necessary
to insulate or cover trolley wires, but they shall all be hung and
kept not less than five feet and six inches above the rail, and shall
be securely fastened, and not permitted to sag less than said




2099

LABOR LAWS----TEXAS----ACTS OF 1911.
height. Where there is sufficient height in existing entries to
permit this, but where sufficient height is not available in existing
entries, then the trolley wires shall be placed to one side of the
entry, six inches outside the ra il; and in all such cases the trolley
wire shall be placed on the side of the entry opposite from the
working rooms, except where there are rooms on both sides of
the entry in which event, the trolley wires may be placed over the
opening of said rooms, said trolley wires to be safely shielded:
Provided, Where it is impracticable in existing entries to place
trolley wires six inches outside of the rail, or five feet, six inches
high, and where separate travel way is not provided, then the
trolley wire shall be safely shielded: And it is further provided,
That this act shall not apply to entries that are not used as
travel ways for workmen or work anim als: Provided, however,
That this section shall not apply to mines in operation in this
State on January 1, 1902, and prior thereto, and which have de­
veloped until there is at least two thousand (2,000) feet distance
from the shaft to the face of the coal being operated, except as
to extensions of trolley wires made and to be made after January
1, 1910, in such mines.
S ec . 2a. Each and every person, company, corporation or receiver, who shall in any manner violate any of the provisions of
this act, shall for each and every offense committed forfeit and
pay to the State a penalty of not less than one hundred ($100)
dollars nor more than five hundred ($500) dollars, and it shall
be the duty of the district or county attorney to institute suit in
the name of the State for the recovery of same.
S ec . 2. Any person who shall violate any of the provisions of
this act shall be deemed guilty of a misdemeanor, and upon con­
viction shall be punished by a fine not exceeding five hundred
($500) dollars, or imprisonment in the county jail for a period
not exceeding six months.
S ec . 3. It shall be the duty of the State mining inspector to see
that the provisions of this act are complied with, and shall report
all violations hereof to the State mining board and to the dis­
trict or county attorney of the county where the offense is com­
mitted.
Sec. 4. It shall be the duty of every operator of a coal mine in
th e State of Texas to m a k e a map of the u n d e r g ro u n d w o rk in g s of
every mine in his charge, under operation on the first day of
January, 1912, or that may be opened thereafter; said map shall
be drawn on a scale of one inch to one hundred feet, and shall
indicate the surface land lines as well as the rooms, entries or
openings underground. It shall be brought up to date at least
once each month, covering operations for the preceding month.
The original of said map shall be on file at the office of the oper­
ator at or near said mine. Said map shall be extended or brought
up to date at any time requested by the State mine inspector, at
least every three months, if, for any reason, a mine should be
closed, then a final map shall be made and filed: Provided, how­
ever, That maps existing on the date of the passage of this act
may be continued on the same scale as begun, if not smaller than
one-half inch to one hundred feet.
S ec. 5. The penalty for noncompliance with section 4 hereof
shall be by a fine of not less than twenty-five ($25) dollars nor
more than fifty ($ 50) dollars for each offense.

violations,

Same,

Enforcement,

Map of mine,

Violations,

C h a p t e r 102.—Mine regulations—Storage of food for animals.
S ec tio n 1. It shall be unlawful for any person, association of maTsln^iifes!
persons, corporation or receiver, owning, operating or managing
any mine in this State, to feed or permit to be fed any work
animal in said mines, or to store or keep any feed for such animals
in said mines.
S ec . 2. It shall be unlawful for any person, association of per- Keeping anisons, corporation or receiver, owning, operating or managing any mais in mines.




2100

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

mine in tliis State, to permit a n y work animal to remain in any
mine longer than ten consecutive hours.
Law does not
Sec. 2a. It is further provided that sections 1 and 2 shall not
apply, where, apply to mines complying with the following provisions:
All stables in mines in which work animals are kept shall be
equipped with fireproof doors at each opening, with a door frame
of concrete, stone or brick, laid in mortar, and such stable door
shall be kept closed during working hours of mines.
All feed, hay, grass, cane, etc., except corn, corn chops, bran and
shelled oats, shall not be taken down the hoisting shaft until after
the regular day shift is out of the mine.
It is further provided that no open light shall be taken into
any underground stable by any person.
It is further provided that not over twenty-four (24) hours,
supply of hay, grass or cane, or any other kind of inflammable
stock food, except corn, corn chops, bran and shelled oats, shall
be taken down in any one day.
Violations.
Sec. 3. Each and every person, company, corporation or receiver
who shall in any manner violate any of the provisions of this act
shall for each and every offense committed forfeit and pay to the
State a penalty of not less than one hundred dollars nor more
than five hundred dollars, and it shall be the duty of the district
or county attorney to institute suit in the name of the State for
the recovery of same.
Added p e n Sec. 4. In addition to the penalties provided in section 3 of
aity.
this act, every person violating any of the provisions of this act
shall be guilty of a misdemeanor and upon conviction shall be
punished by imprisonment in the county jail for not less than one
month nor more than one year.
Enforcement.
Sec. 5. It shall be the duty of the State mining inspector to
see that the provisions of this act are complied with, and he
shall report all violations thereof to the State mining board and
to the district or county attorney of the county where the offense
is committed.
ACTS OF 1913.
C h a p t e r 56.—Bureau of ,chihl and animal protection.

Section 1. The governor of the State of Texas shall appoint a
State bureau of child and animal protection from and among the
members of the directorate of the Texas State Humane Society,
which shall be composed of not less than nine, nor more than
twenty-one members,
Members ex
Sec. 2. The governor, the superintendent of public instruction
officio.
and the attorney general shall be ex officio members of the board
of directors of said State bureau.
Sec. 3. It shall be the duty of the said bureau to secure the en­
Duties.
forcement of tlie laws for the prevention of wrongs to children
and dumb animals as now defined and as hereafter may be defined
by la w ; to appoint local and State agents to assist in this w ork;
to assist the organization of district and county societies, and to
give them representation in the State bureau; to aid such societies
and agents in the enforcement of the laws for the prevention of
wrongs to children and dumb .animals as prescribed by law now
existing, or which may hereafter e x ist; and to promote the growth
of education and sentiment favorable to the protection of chil­
dren and dumb animals.
Meetings.
Sec. 4. Said bureau shall hold its annual meeting on the second
Monday in November in each year, at the capitol of the State,
for the transaction of its business and the election of officers,
at which meeting all questions relating to child and animal pro­
tection in the State may be considered.
Report.
Sec. 5. The said bureau shall make an annual report before
the first day of January of each year to the secretary of state,
embracing the proceedings of the bureau for the preceding year,
and statistics showing the work of the bureau and its agents and
Appointment.




LABOR LAWS--- TEXAS----ACTS OF 1913.

2101

county and districts societies throughout the State, together with
such papers, facts and recommendations as they may deem useful
to the interests of children and dumb animals in the State, said
report to be fully prepared for publication. The secretary of
state shall cause the same to be published in pamphlet or book
form by the State, under the supervision of the bureau.
C h a p t e r 68.— Hours of labor on public works.

Section 1. Eight hours shall constitute a day’s work for all
laborers, workmen or mechanics now employed or who may here- a
after be employed by or on behalf of the State of Texas, or by or
on behalf of any county, municipality, or political subdivision of
the State, county or municipality in any one calendar day, where
such employment, contract or work is for the purpose of construct­
ing, repairing or improving buildings, bridges, roads, highways,
streams, levees, or other work of a similar character, requiring
the service of laborers, workmen or mechanics.
Sec. 2. All contracts hereafter made by or on behalf of the State
of Texas, or by or on behalf of any county, municipality or other
legal or political subdivision of the State, with any corporation,
persons or association of persons for the performance of any
work, shall be deemed and considered as made upon the basis of
eight hours constituting a day’s work. It shall be unlawful for
any corporation, person or association of persons having a contract
with the State or any political subdivision thereof, to require or
permit any such laborers, workmen, mechanics or other persons to
work more than eight hours per calendar day in doing such work,
except in case of emergency, which may arise in times of war, or
in cases where it may become necessary to work more than eight
hours per calendar day for the protection of property, human life
or the necessity- of housing inmates of public institutions in case?
of fire or destruction by the elements. In such emergencies the
laborers, workmen, mechanics or other persons so employed and
working to exceed eight hours per calendar day shall be paid on
the basis of eight hours constituting a day’s w ork: Provided, That
not less than the current rate of per diem wages in the locality
where the work is being performed shall be paid to the laborers,
workmen, mechanics or other persons so employed by or on behalf
of the State of Texas, or for any county, municipality or other
legal or political subdivision of the State, county or municipality,
and every contract hereafter made for the performance of work
for the State of Texas, or for any county, municipality or other
legal or political subdivision of the State, county or municipality,
must comply with the requirements of this section: Provided, That
nothing in this act shall affect contracts in existence at the time
of the taking effect of this act: Provided, further, That nothing
in this act shall be construed to affect the present law governing
State and county convict labor while serving their sentences as
such.
Sec. 3. Any person, or any officer, agent or employee of any
person, corporation or association of persons, or any officer, agent
or employee of the State, county, municipality or any legal or
political subdivision of the State, county or municipality, who
shall fail or refuse to comply with the provisions of this act
or who shall violate any of the provisions of this act, shall, on
conviction thereof, be deemed guilty of a misdemeanor, and shall
be punished by a fine of not less than fifty dollars ($50) nor more
than one thousand ($1,000), or by imprisonment not to exceed six
months or by both such fine and imprisonment and each and every
day of such violation shall constitute a separate offense.

E ight hours
day’s work,

Contracts,

Violations,

Chapter 82.—Stevedores to be licensed.
Section 1. A contracting stevedore, within the meaning of this
act, is any person, firm, association of persons, or corporation that
contracts with any ship, agent, owners, masters, managers or
captains of vessels, or with any other person or corporation, for



Definition,

2102

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

the purpose of loading or unloading, or of having loaded or un­
loaded any vessel, ship or water craft; a stevedore within the
meaning of this act is any. laborer who performs any of the
actual labor in loading and unloading any ship, vessel or water
craft whatsoever while in the service or employ of a contracting
stevedore as above mentioned.
Operating
Sec. 2. It shall hereafter be unlawful for any contracting
w ithout license stevedore to engage in the business or pursue the occupation of
unlawful.
loading and unloading or having loaded or unloaded by the em­
ployment of labor therefor any ship, vessel or water craft in this
State without first obtaining the license and executing the bond
as hereinafter provided, and any such person who pursues said
occupation without first qualifying as provided by this act shall
be guilty of a misdemeanor, and on conviction shall be fined in
any sum not less than one hundred nor more than five hundred
dollars for each day he shall pursue such occupation or business
without thus qualifying and any member of a firm or association
or any manager of a corporation who come within the meaning
of a contracting stevedore who shall thus offend shall be amend­
able [amenable! to prosecution hereunder.
Bond.
S ec . 3. Each contracting stevedore as contemplated by this act
is hereby required to make bond in the sum of five thousand dollars,
entered into with two or more good and sufficient sureties, who
are residents of this State, or with any good and sufficient surety
bonding company authorized to transact business in this State,
payable to the county judge of the county in which such stevedore
pursues his occupation and to his successor in office, as trustee for
all persons who may become entitled to the benefits of this act,
said bond to be conditioned that said contracting stevedore will
promptly on Saturday of each week pay each laborer his wages
for labor performed in loading and unloading any such ship, vessel
or water craft according to the scale of wages agreed upon, and
that all agreements entered into with said laborers and. each of
them in respect to the loading and unloading of said water craft,
as above mentioned, w ill be faithfully and truly performed, which
bond shaU be approved by the county clerk of the county in which
said contracting stevedore is pursuing said business or occupation
and by him shall be filed and recorded.
Regulations.
Sec. 4. The bond and license hereinafter provided for shall be
made in each county in which said contracting stevedore pursues
said occupation, in which county suits may be maintained upon
such bond by any person to whom wages are due and unpaid for
such labor as is hereinbefore mentioned: Provided, That the same
shall not become free upon the first recovery, but may be sued
upon until the full amount thereof is exhausted, or suits sufficient
to exhaust the bond or [are] pending, and when so exhausted
said contracting stevedore shall make and file a new bond in
amount and conditioned as provided for the first, and his failure
so to do shall render him amendable [amenable] to prosecution as
if no bond had ever been given in the first instance.
License.
gEc. 5. Said contracting stevedore shall, before beginning busi­
ness as before stated, file his application in writing for a license
to pursue the occupation of a contracting stevedore for the
county mentioned, and on approval of the bond hereinbefore pro­
vided for by the county clerk and payment of a license fee of
five dollars the clerk shall grant to him a license to pursue said
occupation upon such form as the county commissioners court
may designate, the said license fee to be paid into the general
fund of the county.
iicenseewal of Sec. 6. Said contracting stevedore shall be and he is hereby
required to execute a new bond and to obtain the issuance of a
new license at the expiration of each year from the former, every
two years from the issuance of the former license, [sic] and all
contracting stevedores who may be engaged in the occupation
herein defined at any port, subport or other place where ships,
vessels or water crafts are loaded or unloaded, at the time this
law becomes effective, shall have thirty days from and after the




LABOR LAWS----TEXAS----ACTS OF 1913.

2103

going into effect of this law to qualify thereunder by executing
the bond and obtaining the license as required herein.
C h a p t e r 158.—Railroads—Safety appliances.
S ec t io n 1. It shall be unlawful for any person, firm, corpora­ Derailing de
tion or receiver operating any railroad, machine shop or other vices.
concern engaged in repairing or manufacturing cars within this
State to use any tracks not equipped with derailing devices upon
which to repair or manufacture cars; such derailing devices to
be provided with private locks, to be kept locked at all times
when tracks are in u se : Provided, That nothing in this act shall
be construed as prohibiting temporary repairs to cars on tracks
other than where cars are regularly repaired or manufactured.
Sec. 2. Any person, firm, corporation or receiver, operating any Violations.
railroad, machine shop or other concern engaged in the repairing
or manufacture of cars in this State, who shall violate the pro­
visions of section on[e] [1] of this act, shall be deemed guilty
of a misdemeanor, and upon conviction in any court of competent
.jurisdiction, shall be fined in a sum not less than fifty ($50)
dollars nor more than two hundred ($200) dollars and each
day such violation shall exist shall constitute a separate offense.
C h a p t e r 175.—Employment of women.
Hours of la­
S ec tio n 1. No female shall be employed in any manufacturing
bor.
or mercantile institution engaged in the manufacture of clothing,
shirts, overalls, jumpers or ladies garments or any mercantile
establishment or work shop or printing office, dressmaking or
millinery establishment, hotel restaurant or theater or tele­
graph or telephone office or establishment for more than fiftyfour (54) hours during any one week, the hours of such em­
ployment to be so arranged as to permit the employment of such
females at any time so that she shall not work more than a maxi­
mum of ten (10) hours, during the twenty-four (24) hour period
for one day: Provided, however, That at the time of great dis­
aster, calamity or epidemic, telephone establishments may work
their operators with their consent a greater number of hours in
any one day, than above stated, said operators to be paid not
less than double their regular compensation for such extra time:
Provided, This act shall not apply to females who are registered
pharmacists: Provided, This act does not apply to cities contain­
ing a population of 5000 or less as shown by the last Federal
census.
Sec. la . No female shall be employed in any laundry for more Laundries.
than fifty-four hours in any one w eek; the hours of such employ­
ment to be so arranged as to per nr t the employment of such
female at any time so that she shall not work more than a
maximum of eleven hours during the twenty-four-hour period
of one day, provided that if such female is employed for more
than ten hours in any one day she shall receive pay at the
rate of one and one-half times her regular pay for such time as
she is so employed for more than ten hours per day.
Seats
Sec. 2. Every employer in any manufacturing, mechanical or provided. to be
mercantile establishment, or workshop, laundry, printing office,
dressmaking or millinery establishment, hotel, restaurant or
theater, or telegraph or telephone establishment and office or any
other establishment employing any female shall provide suitable
seats for all female employees and permit them to use such seats
when not engaged in the active performance of the duties of their
employment.
Sec. 2a. Provided, That this act shall not apply to stenog­ Exception.
raphers.
Sec. 3. Any employer, overseer, superintendent, foreman or Violation.
other agent of any such employer who shall require any female
to work in any of the places mentioned in section 1 more than
the numbers of hours provided for in this act, during any day of




2104

BULLETIN" OF THE BUREAU OF LABOR STATISTICS.
twenty-four hours, 01* who shall fail, neglect or refuse to so ar­
range the work of females employed in said places mentioned in
section 1 so that they shall work more than the number of hours
provided for in this act, during any day of twenty-four (24)
hours or the number of hours prescribed by this act in any one
week, or who shall fail, neglect or refuse to provide suitable
seats as provided in section 2 of this act, shall be deemed guilty
of a misdemeanor and upon conviction thereof, shall be fined not
less than fifty ($50) dollars nor more than two hundred ($200)
dollars or imprisonment in the county jail not less than five (5)
nor more than thirty (30) days, or by both such fine and im­
prisonment.




UTAH.
CONSTITUTION.
A rticle 12.—Intet'ference w ith employment.
Section 19. Every person in this State shall be free to obtain H i n d e r i n g
employment whenever possible, and any person, corporation, or emPloyment.
agent, servant or employee thereof, maliciously interfering or hin­
dering in any way, any person from obtaining, or enjoying employ­
ment already obtained, from any other corporation or person, shall
be deemed guilty of a crime. The legislature shall provide by law
for the enforcement of this section.
A rticle 16.—Employment of labor.
Section 1. The rights of labor shall have just protection Rights of lathrough laws calculated to promote the industrial welfare of the tected° be pi°
State.
Sec. 2. The legislature shall provide by law, for a board of Board of lalabor, conciliation and arbitration, which shall fairly representt>or’ etc*
the interests of both capital and labor. The board shall perform
duties, and receive compensation as prescribed by law.
Sec. 3. The legislature shall prohibit:
Certain em(1) The employment of women, or of children under the age of p ^ ttlted etC’’
fourteen years, in underground mines.
(2) The contracting of convict labor.
(3) The labor of convicts outside prison grounds, except on
public works under the direct control of the State.
(4) The political and commercial control of employees.
Sec. 4. The exchange of black lists by railroad companies, or Exchange of
other corporations, associations or persons is prohibited.
black lists.
S ec. 5. The right of action to recover damages for injuries re- injuries caussulting in death, shall never be abrogated, and the amount recov- ins death,
erable shall not be subject to any statutory limitation.
Sec. 6. Eight hours shall constitute a day’s work on all works Hours of laor undertakings carried on or aided by the State, county or mu- bor.
nicipal governments; and the legislature shall pass law s to pro- inspection of
vide for the health and safety of employees in factories, smelters factories, etc.
and mines.
Sec. 7. The legislature, by appropriate legislation, shall provide Enforcement,
for the enforcement of the provisions of this article.
COMPILED LAWS—1907.
Wages as preferred claims—In assignments.
Section 85 (as amended by chapter 23, Acts of 1913). In all as- Wages to he
signments for the benefits of creditors, statutory or otherwise, or paid first,
trusteeship agreements, wages not to exceed $400 to each claimant
owing to workmen, clerks, traveling or city salesmen or servants
of the assignor for services or labor rendered or performed within
five months next previous to the assignment are preferred claims
and must be paid before any other creditor of the assignor and
shall be paid in full in all cases where there is sufficient property
therefor, otherwise they alone shall be paid pro ra ta : Provided,
however, That no officer or general manages of a corporation nor
any member in an association or partnership making an assign­
ment or trusteeship agreement shall be entitled to the preference
herein provided.



2105

2106

BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Vr<,tccti'in <4 chiployceft ax voter#.

Attem pting to S ection 898. * * * It sliti 1 be unlawful for any employer,
1
influence vote, either corporation, association, company, firm, or person in paying

its, their, or his employees the salary or wages due them, to in­
close their pay in “ pay envelopes v on which there is [are] written
or printed any political mottoes, devices, or arguments, containing
threats, express or implied, intended or calculated to influence
the political 1 opinion, views, or action of such employees. Nor
shall it be lawful for any employer, either corporation, association,
company, firm, or person, within ninety days of any election
provided by law, to put up or otherwise exhibit in its, their, or
his factory? workshop, mine, mill, boarding house, office, or other
establishment or place where its, their, or his employees may be
working or be present in the course of such employment, any
handbill, notice, or placard, containing any threat, notice, or infor­
mation, that in case any particular ticket or candidate shall or
shall not be elected, work in its, their, or his establishment shall
cease in whole or in part, or its, their, or his establishment be
eloped, or the wages of its, their, or his workmen be reduced; or
other threats, expressed or implied, intended or calculated to
influence the political opinions or actions of its, their, or his
employees. Any person or persons, or corporation violating any
of the provisions of this section shall be deemed guilty of a mis­
demeanor, and any person, whether acting in his individual
capacity or as an officer or agent of any corporation, so guilty
of such misdemeanor shall be punished as hereinafter prescribed.
Same subject.
Sec. S99. It shall be unlawful for any corporation or any officer
or agent of any corporation to influence or attempt to influence,
by force, violence, or restraint, or by inflicting or threatening to
inflict any injury, damage, harm, or loss, or by discharging from
employment or promoting in employment, or by intimidation, or
otherwise in any manner whatever to induce or compel any em­
ployee to vote or refrain from voting at any election provided by
law, or to vote or refrain from voting for any particular person
Forfeiture of or persons, measure or measures, at any such election. Any such
charter.
corporation, or any officer or agent of such corporation, violating
any of the provisions of this section shall be deemed guilty of a
misdemeanor and be subject to the penalty hereinafter provided,
and in addition thereto, any corporation violating this section
shall forfeit its charter and right to do business in this State.
Two hours al- Sec. 910. Any person entitled to a vote at a general election held
loved for vot- vritliin this State shall, on the day of such election, be entitled to
ing.
absent himself from any employment in which he is then engaged
or employed for a period of two hours between the time of opening
and the time of closing the polls, and any such absence shall not
be sufficient reason for the discharge of any such person from
such service or employment, and such voter shall not, because of
so absenting himself, be liable to any penalty, nor shall any de­
duction be made on account of such absence, from his usual salary
or wages except when such employee is employed and paid by
the hour: Provided, That application shall be made for such leave
Proviso.
of absence prior to the day of election. The employer may specify
the hours during which such employee may absent himself as
aforesaid. Any person or corporation who shall refuse to his or
its employees the privilege hereby conferred, or who shall subject
an employee to a penalty or reduction of wages because of the
exercise of such privilege, or who shall, directly or indirectly, vio­
late the provisions of this title shall be deemed guilty of a mis­
demeanor.
Arbitration of labor dispute*—State board.
Appointment
S ectio n 1324. * * * The governor, by and with the conof board.
genj.
senate, shall appoint three persons, not more than two




of whom shall belong to the same political party, who shall be
styled a State board of labor, conciliation, and arbitration. One

LABOR LAWS----UTAH----COMPILED LAWS----1907.

2107

shall be an employer of labor; another shall be an employee and
be selected from some labor organization; and the third shall be
some person who is neither an employee nor an employer of
manual labor, and shall be chairman of the board. One shall
serve for one year, one for three years, and one for five years,
as may be designated by the governor at the time of their ap­
pointment. At the expiration of their terms their successors
shall be appointed in like manner for the term of four years.
Should a vacancy occur at any time, the governor shall, in
the same manner, appoint some one to serve the unexpired term,
and until the appointment and qualification of his successor.
Each member of said board shall, before entering upon his duties,
take the constitutional oath of office.
Sec. 1325. The board shall select from its members a secretary Secretary.
and shall establish suitable rules of procedure.
Sec. 1326. Whenever it shall come to the knowledge of the said Mediation.
board that a strike or lockout is seriously threatened in the State,
involving any employer and his employees, if he is employing not
less than ten persons, it shall be the duty of the said board to put
itself into communication as soon as may be with such employer
and employees, and endeavor by mediation to effect an amicable
settlement. Said board shall also request each of the parties to
forward to its secretary an application for arbitration.
S ec. 1327. As soon as practicable after receiving such applica­
Applications
tions, the board shall request each of the parties to the dispute for arbitration.
to agree upon a written statement of facts relating to the con­
troversy, and to submit the same to the board: Provided, That,
when such agreement and statement can not be reached, each of
said parties may separately submit .to the board a written state­
ment of grievances. Applications to the said board for arbitra­
tion on the part of employers must precede any lockout, and, on
the part of the employees, any strike: Provided, That, in case a
lockout or strike already exists, the board shall accord arbitra­
tion if the parties shall resume their relations with each other, as
employers and employees. Said applications shall include a
promise to abide by the decision of the board and shall be signed
by the employer or employers, or his or their authorized agent, on
the one side, and by a majority of his or their employees on the
other.
Sec. 1328. As soon as practicable after receiving said applica­ Duty of board.
tions, the board shall proceed to arbitrate. When it shall be
necessary, in the judgment of said board, it may engage the serv­
ices of a stenographer to take and transcribe an account of any
arbitration proceedings.
Sec. 1329. The board shall have power to summon as witnesses Power to sum­
by subpoena any operative or expert in the departments of busi­ mon witnesses,
ness affected, and any person who keeps the record of wages etc.
earned in those departments, or any other person, and to adminis­
ter oaths, and to examine said witnesses, and to require the pro­
duction of books, papers, and records. In case of disobedience
to a subpoena the board may invoke the aid of any court in the
State in requiring the attendance and testimony of witnesses, and
the production of books, papers, and documents under the pro­
visions of this section. Any of the district courts of the State,
within the jurisdiction of which such inquiry is carried on, may,
in case of contumacy, or refusal to obey a subpoena issued
tc any such witness, issue an order requiring such witness to
appear before said board and produce books and papers if so
ordered, and give evidence touching the matter in question. Any
refusal to obey such order of the court may be punished by such
court as a contempt thereof.
Sec. 1330. It shall be the duty of mayors of cities and sheriffs Duty of may­
of counties, when any condition likely to lead to a strike or lock­ ors and sher­
out exists in the cities or districts where they have jurisdiction, iffs.
to immediately forward information of the same to the secretary
of the State board of conciliation and arbitration. Such informa


2108

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

tion shall include the names and addresses of persons who should
be communicated with by the board.
S e r v i c e of gE # 1331. Any notice 01* process issued by the State board of
C
process.
labor, conciliation, and arbitration shall be served by any sheriff
to whom the same may be directed, or in whose hands the same
may be placed for service, without charge.
Decision.
S ec . 1332. As soon as practicable, after the board has investi­
gated the differences existing between employer and employees,
it shall make an equitable decision, which shall state what, if
anything, should be done by either or both parties to the dispute,
in order to amicably settle and adjust the differences existing be­
tween them. The findings of a majority of the board shall con­
stitute its decision.
Publication,
gE # 1333. This decision shall at once be made public; shall be
C
*
recorded upon the proper book of record to be kept by the secre­
tary of said board, and a short statement thereof published in an
annual report to be made to the governor before the 1st day of
March, of each year.
Compensation
S ec . 1334. The members of the board shall each receive a
of board.
compensation of $4 for each day’s service while engaged in arbi­
tration, said compensation to be paid by the parties to the con­
troversy in such proportion as the board may decide; they shall
also receive the actual and necessary expenses incurred in the
performance of their official duties, which expenses shall be paid
out of the State treasury.
Hours of labor.
E ight hours
S ec t io n 1336. Eight hours shall constitute a day’s work in all
a day’s labor p e n a i institutions in this State, whether State, county, or municworks,P etc.
ip a l, and on all works and undertakings carried on or aided by

the State, county, or municipal governments. Any officer of the
State or of any county or municipal government, or any person,
corporation, firm, contractor, agent, manager, or foreman, who
shall require or contract with any person to work in any penal
institution or upon such works or undertakings longer than eight
hours in one calendar day, except in cases of emergency, where
life or property is in imminent danger, shall be guilty of a misde­
meanor.
nJii+“ lnes
smelters, and Sec. 1337. The period of employment of working men in all underground mines or workings, and in smelters and all other insti­
tutions for the reduction or refining of ores or metals, shall be
eight hours per day, except in cases of emergency, where life or
property is in imminent danger. Any person, body corporate,
agent, manager, or employer who shall violate any of the provi­
sions of this section shall be deemed guilty of a misdemeanor.
Held to be constitutional. 14 U. Rep. 71, 06; 18 Sup. Ct. Rep. 383.
An employee working more than eight hours is a violator of the law
equally with his employer. The law will not be construed so as to re­
quire an employer to pay for the excess of eight hours’ services rendered
by an employee. 57 Pac. Rep. 720.

Employment of women and children.
Employment
S ec tio n 1338. It shall be unlawful for any person, firm, or corsmeiterse an poration to employ any child under fourteen years of age, or any
.S
female, to work in any mine or smelter in the State of Utah. Any
person, firm, or corporation who shall violate any of the provisions
of this section shall be deemed guilty of a misdemeanor,
maie'empiovees
®EC*
r^li0 proprietor, manager, or person having charge of
in stores, etc. & store, shop, hotel, restaurant, or other place where women or
ny
girls are employed as clerks or help therein, shall provide chairs,
stools, or other contrivances where such clerks or help may rest
when not employed in the discharge of their respective duties.
Any person who shall violate any of the provisions of this section
shall be guilty of a misdemeanor.




LABOR LAWS----UTAH----COMPILED LAWS----1907.

2109

Blacklisting.
Blacklisting
Section 1340. No company, corporation, nor individual shall
blacklist, or publish, or cause to be published or blacklisted, any forbidden.
employee, mechanic, or laborer, discharged or voluntarily leaving
the service of such company, corporation, or individual, with in­
tent and for the purpose of preventing such employee, mechanic,
or laborer from engaging in or securing similar or other employ­
ment from any other corporation, company, or individual.
Sec. 1341. If any person or any officer or agent of any company, Penalty.
corporation, or individual shall blacklist, or publish, or cause to
be published, any employee, mechanic, or laborer, discharged by
such corporation, company, 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 corporation, company, or individual, or shall in any
manner conspire or contrive, by correspondence, or otherwise, to
prevent such discharged employee from securing employment, he
shall be deemed guilty of a felony and, upon conviction, shall be
fined not less than $500, nor more than $1,000, and be imprisoned
in the State prison not less than sixty days nor more than one
year.

TAability of employers for injuries to employees—Fellow servants.
Vice princi­
S e c tio n 1342. All persons engaged in the service of any person,
firm, or corporation, foreign or domestic, doing business in this pals defined.
State, who are intrusted by such person, firm, or corporation as
employer with the authority of superintendence, control, or com­
mand of other persons in the employ or service of such employer,
or with the authority to direct any other employee in the perform­
ance of any duties of such employee, are vice principals of such
employer and are not fellow servants.
The conductor of a railw ay tra in is not a fellow servant w ith a brakeman. 6 U. Rep. 132.
Nor is a car inspector. 6 U. Rep. 357, 23 Pac. Rep. 762.
Nor a locomotive engineer. 7 TJ. Rep. 288, 26 Pac. Rep. 579.
A foreman in a mine is not a fellow servant w ith a m iner working under
him. 4 U. Rep. 468, 11 Pac. Rep. 612.
Sec. 1343. All persons who are engaged in the service of such

Fellow serv­

employer, and who, while so engaged, are in the same grade of ants.
service and are working together at the same time and place and
to a common purpose, neither of such persons being intrusted by
such employer with any superintendence or control over his fellow
employees, are fellow servants with each other: Provided. That Proviso.
nothing herein contained shall be so construed as to make the
employees of such employer fellow servants with other employees
engaged in any other department of service of such employer.
Employees who do not come within the provisions of this section
s h a ll not be considered fellow servants.
The above definition of the term “ fellow servants ” is one th a t the
legislature could constitutionally make. 18 U. Rep. 410. 55 Pac. 367.
A miner is not a fellow servant w ith a tool carrier, whose only duty is
to supply sharp tools and remove dull o n e s; nor w ith a man who manages
and operates the cage by which miners enter and leave the mine. 24
IT. Rep. 513, 68 Pac. 845.
The m anifest purpose of the sta tu te is to abolish the common-law doc­
trine of fellow service. 99 Pac. 1067.

Wages as preferred claims—In receiverships, etc.
Wages
S e c tio n 1344 (as amended by chapter 24, Acts of 1913). When paid first.to
any property of any company, corporation, firm, or person shall be
seized upon by any process of any court, or when their business
shall be suspended by the act of creditors, or be put into the
hands of a receiver, assignee or trustee, either by voluntary or
involuntary action, the wages, not to exceed $400 to each claimant,
owing to workmen, clerks, traveling or city salesman, or servants




2110

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

for work or labor performed within five months next preceding
the seizure or transfer of such property or merchandise, shall
be considered and treated as preferred debts, and such workmen,
clerks, traveling or city salesmen or servants shall be preferred
creditors and shall first be paid in f u ll; and if there be not suffi­
cient to pay them in full then the same be paid to them pro rata,
after paying costs: Provided, hoicever, That no officer, director
or general manager of such a corporation nor any member in such
association or partnership shall be entitled to the preference here­
in provided.
statem ent.
S ec . 1345. Any such employee, laborer, or servant desiring to en­
force his claim for wages under this chapter [secs. 1344-1346] shall
present a statement, under oath, showing the amount due after
allowing all just credits and set-offs, the kind of work for which
such wages are due, and when performed, to the officer, person, or
court charged with such property, within ten days after the seizure
thereof on any writ of attachment, or within thirty days after the
same may have been placed in the hands of any receiver, assignee,
or trustee; any person with whom any such claim shall have been
filed shall give immediate notice thereof by mail to all persons
interested; and it shall be the duty of the person or the court re­
ceiving such statement to pay the amount of such claim or claims
to the person or persons entitled thereto, after first paying all
costs occasioned by the seizure of such property, out of the pro­
ceeds of the sale of the property seized, if the claim be not con­
tested as provided in the next succeeding section.
C o n te s tin g
S ec . 1346. Any person interested may contest such claim or
claims.
claims, or any part thereof, by filing exceptions thereto, supported
by affidavit, with the officer having the custody of such property,
within ten days after the notice of presentment of said statement,
and thereupon the claimant shall be required to reduce his claim
to judgment before some court having jurisdiction thereof, before
any part thereof shall be paid, and the party contesting shall be
made a party defendant in any such action and shall have the
right to contest such claim, and the prevailing party shall recover
proper costs.
The claims of operatives of a street railroad for work performed sixty
days next preceding the appointm ent of a receiver are entitled to p rio r­
ity over a tru st deed on the company’s property. 8 U. Rep. 15.

Suits for wages—Attorneys' fees.
A t t o r n e y s ’ S ectio n 1347. Whenever a mechanic, artisan, miner, laborer,
v^hen allowed’ servant, or employee shall have cause to bring suit for wages
earned and due according to the terms of his employment, and
shall establish by the decision of the court or verdict of the jury
that the amount for which he has brought suit is justly due, and
that a demand had been made in writing, at least fifteen days be­
fore suit was brought, for a sum not to exceed the amount so
found due, then it shall be the duty of the court before which the
case shall be tried to allow to the plaintiff a reasonable attorney’s
fee in addition to the amount found due for wages, to be taxed as
costs of suit. In a justice’s court such attorney’s fee shall not be
more than $5, and in the district court, not more than $10, except
in cases on appeal from the justice’s court to the district court,
when the plaintiff may recover an attorney’s fee, not exceeding $25.

Interference with employment.
interference
S ectio n 1347x. It shall be unlawful for any person, persons,
prohibited.
association of persons, combination of persons, or body of persons




to interfere with the rights of any individual engaged in labor, to
exercise his full privileges under the Constitution of this State
or of the United States, as to where he shall be employed, by
whom he shall be employed and at what compensation he shall be
employed. Anyone violating the provisions of this section shall
be guilty of a misdemeanor.

LABOR LAWS----UTAH----COMPILED LAWS----1907.

2111

Mine regulations.
S ec t io n 1507 (as amended by chapter 78, Acts of 1913). For inspector,
the purpose of securing an efficient and thorough inspection of all
coal and hydrocarbon mines within the State of Utah, and to
provide for an adequate enforcement thereof, the governor shall
appoint, by and with the consent of the senate, one mine inspector
for coal and hydrocarbon mines. The inspector so appointed shall
hold his office for a term of four years from the date of his ap­
pointment, and until his successor is appointed and qualified:
Provided, That such inspector may be removed for cause, by the
governor. i[I ]n case of resignation, death or removal, the va­
cancy shall be filled by appointment by the governor for the un­
expired term.
The State mine inspector of coal and hydrocarbon mines shall Deputy,
have the power, with the consent of the governor and the ap­
proval of the State board of examiners to appoint one deputy
mine inspector; the said deputy to possess all the qualifications
required of the State mine inspector by section 1509, Compiled
Laws of Utah, 1907, as amended by chapter 132, Laws of Utah,
1911. Said deputy mine inspector shall devote his entire time to
the performance of his duties, under the direction of the State
mine inspector, and shall receive a salary of fifteen hundred dol­
lars per annum, to be paid each and every month from the unex­
pended funds of moneys in the State treasury, and necessary
traveling expenses incurred in the proper discharge of his official
duties, to be paid each and every month from the same fund. The
State mine inspector may also, with the consent of the governor,
employ one clerk to assist in his office at a salary not to exceed
sixty dollars per month, the same to be paid out of the State mine
inspector’s contingent fund,.
S ec . 1508. The said inspector of coal and hydrocarbon mines
Salary,
shall receive a salary of $2,000 a year and actual necessary
traveling expenses incurred in the proper discharge of his official
duties, to be paid quarterly by the State treasurer out of any
moneys appropriated for that purpose, on the certificate of said
inspector of mines showing service rendered, and also on presen­
tation of the certificate of said inspector of coal and hydrocarbon
m in e s s h o w in g a statement of all moneys received by h im for fees,
and the actual amount necessarily expended for actual traveling
expenses for the quarter; and on presentation of such certificates
the State auditor shall issue his warrant for the amount thereof,
to be paid out of any appropriation aforesaid. He is hereby au­
thorized to procure such instruments and stationery from time to Instrum ents,
time as may be necessary to the proper discharge of his duties etcunder this title, at the expense of the State, which shall be paid
by the State treasurer upon accounts duly certified by him and
audited by the proper department of [the] State.
S ec . 1509 (as amended by chapter 132, Acts of 1911). Before
Bond,
entering upon the discharge of his official duties, the inspector
shall give a bond to the State in the sum of $5,000, to be approved
by the proper officers, conditioned for the faithful performance of
his duties. Said bond shall be deposited with the secretary of
state. The person so appointed must be a citizen of Utah, and tio§ ,u a 11 fica'
must have attained the age of thirty years. He must have a
knowledge of different systems of working coal mines, and he must
produce satisfactory evidence to the governor of having had at
least five years’ practical experience in the coal mines of Utah.
He must have had experience in coal mines where noxious and
explosive gases are evolved. He must hold the certificate of ex­
amination required by law to be held by mine foremen of the
State.
S ec . 1510. The said inspector shall not act as manager or agent T o
give
or lessee for any mining or other corporation during his term of Y h
Sle time to
office, but shall give his whole time and attention to the duties of u ies*
his office.
S e c . 1511. Every owner, agent, manager, or lessee of any coal or A c c e s s to

hydrocarbon mine in this State shall freely admit the inspector mines.



2112

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

or his assistants to such mine on the exhibition of his certificate
of appointment, for the purpose of making the examination and
inspection provided for in this title, whenever the mine is in active
operation, and render any necessary assistance for such inspec­
tion; but said inspector or his assistants shall not unnecessarily
obstruct the working of said mine. Upon the refusal of the
owner, agent, manager, or lessee to admit the inspector or his
assistants to such mine, such owner, agent, manager, or lessee
shall be subject to a fine of not less than $50 nor more than $500
for each and every such offense.
Maps.
S ec . 1512 (as amended by chapter 132, Acts of 1911). The
owner, agent, manager or lessee of any coal or hydrocarbon mine
in this State shall make, or cause to be made, an accurate map
or plan of the workings of such mine, on a scale of one hundred
feet to the inch, which said map shall show all the openings or
excavations, shafts, tunnels, slopes, planes, entries, cross head­
ings, rooms, etc., and show the directions of the air current
and also the water system therein, and shall accurately show the
boundary lines between said mine and adjoining mines. Such
map or plan, or true copy thereof, shall be furnished! to the in­
spector, and one copy shall be kept at such mine for the inspec­
tion of the inspector or employees thereof. The owner, agent,
manager or lessee, at least once in every six months, shall place
or cause to be placed on the map or plan, an accurate showing of
all additional excavations which have been made in the mine
during the said six months. The several maps or plans of mines
in this State, which are furnished to the inspector shall be the
property of the State, and shall remain in the care of the said
inspector, and shall be transferred by him to his successor in
office; and in no case shall any copy of any of them be made
without the consent of the owner, agent, manager, or lessee. If
the inspector shall find or have good reason to believe that any
map or plan of any mine made or furnished him, in pursuance
of the provisions of this title, is materially inaccurate or imper­
fect, he is authorized to cause a correct plan or map of said mine
to be made at the expense of the owner, agent, manager or lessee
thereof: Provided, That if the map or plan which was claimed to
have been inaccurate, shall be found to be practically correct, then
the State shall have to pay the expense of making the new map
or plan of such mine. That all persons operating coal or hydro­
carbon mines in this State, shall on or before the fifteenth day
of December of each year furnish the State mine inspector a
Re p o r t of statement of the output of each mine, distribution of such prodoutput, etc.
ue^ pounds of powder used, number and nationality of men em­
ployed, days work, number of fatal and nonfatal accidents, from
the first day of December of the preceding year to November thir­
tieth of the present year.
Opening of That each owner, agent, or lessee shall, on opening a new mine
new mine.
±his State, and within thirty days thereafter, notify the State
mine inspector of same, giving name and address of the person,
company or corporation so opening said mine, together with the
location and character of such mine and opening.
Escape shafts.
S ec . 1513. It shall be unlawful for the owner, operator, or su­
perintendent of any mine to employ any person or persons in such
mine for the purpose of working therein, unless there are in
connection with every seam or stratum of coal, worked in such
mine, not less than two openings or outlets, separated by a stra­
tum of not less than 150 feet at surface and not less than thirty
feet at any place, at which openings or outlets safe and distinct
means of ingress and egress shall at all times be available for the
persons employed in the said mine. The escapements, shafts, or
slopes, shall be fitted with safe and available appliances, by which
the employees of the mine may readily escape in case an accident
occurs deranging the hoisting machinery at the outlets. In slopes
used as haulage roads, where the dip or incline is ten degrees or
more, there must be provided a separate traveling way, which
shall be maintained in a safe condition for travel, and kept free




LABOR LAWS--- UTAH----COMPILED LAWS— 1901.

2113

from dangerous gases. Xo inflammable structure, other than a
frame to sustain pulleys or sheaves, shall be erected over the structures at
entrance to any m ine; and no inflammable structure for the pur- entrance.
pose of storing coal shall be erected nearer than 200 feet to any
such opening. But this title shall not be construed to prohibit the
erection of a fan and its approaches for the purpose of ventilation,
nor of a trestle for the transportation of cars from any slope or
other opening. All entrances to any place, not in actual course of
working, where explosive gas is known to exist, shall be properly
fenced across the whole width, so as to prevent all persons from
entering the same. Handrails and sufficient safety catches shall cages.
be attached to, and a sufficient cover overhead shall be provided
on, every cage used for lowering or hoisting persons in any shaft.
The ropes, safety catches, links, and chains shall be carefully
examined every day that they are used, by a competent person
employed for that purpose by the mine owner, agent, manager, or
lessee, and any defect therein found shall be immediately
remedied.
S ec . 1514. It shall be the duty of every owner, agent, manager,
stretchers,
or lessee to keep at the mouth of every mine, or at such other
places as may be designated by the mine inspector, stretchers
properly constructed for the purpose of carrying away any em­
ployee working in and around the mine, who may be injured in
and about his employment.
S ec. 1515 (as amended by chapter 132, Acts of 19 1 1 ). Every ventilation,
owner, agent, manager, or lessee of coal or hydrocarbon mines
shall provide and maintain a constant and adequate supply of
pure air.
1. It shall be unlawful to use a furnace for the purpose of
ventilating any mine wherein explosive gases are generated;
2. The minimum quantity of air provided shall be not less
than one hundred cubic feet per minute for each and every per­
son [employed] in every mine, and 300 cubic feet for ea«Si and
every animal employed therein, and as much more as the circum­
stances may require;
3. The ventilating current shall be conducted and circulated to
the face of each and every working place through the entire mine,
in sufficient quantities to dilute, render harmless and sweep away
sm o k e and n o x io u s o r d a n g e ro u s gases, to such an extent that all
working places and traveling roads shall be in a safe condition
for working and traveling therein;
4. All worked-out or abandoned parts of any mine in opera­
tion, so far as practicable, shall be kept free from dangerous
bodies of gases or water; and if found impracticable to keep the
entire mine free from dangerous accumulation of standing gases
or water, the mine inspector shall be immediately notified;
5. Every mine wherein are employed more than seventy-five
persons must be divided into two or more districts; such district
shall be provided with a separate split of pure air, and the venti­
lation shall be so arranged that not more than seventy-five per­
sons shall be employed at the same time in any one current or
split of a ir ;
6. All crosscuts connecting the main inlet and outlet air pas­
sage, when it becomes necessary to close them permanently, shall
be substantially closed with brick or other suitable material laid
in mortar or cement, whenever practicable, but in no case shall
said crosscut stopings be constructed of plank except for tempo­
rary purposes;
7. All doors used in assisting or in any way affecting the venti­
lation shall be so hung and adjusted that they w ill close auto­
matically; main doors regulating the principal air currents of a
mine shall be so placed, in all cases, where it is practicable, that
when one door is open, another, which has the same effect upon
the same current of air, shall be and remain closed;
8. All permanent air bridges shall be built of such material
and of such strength as the circumstances may require;
 39387°—Bull. 148, pt 2—14------57


2114

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

9. The quantities of air in circulation shall be ascertained
with an anemometer, 01* other efficient instrument; such measure­
ments shall be made by the inside foreman or other competent
person, at least once every week; a report of these air measure­
ments shall be forwarded to the mine inspector, together with the
statement of the number of persons employed in each district,
on or before the 12th day of each month, for the preceding m onth;
10. For the purpose of properly ventilating rooms and entries
in coal mines, crosscuts in rooms shall be not more than one
hundred nor less than fifty feet apart; and crosscuts in main
entrance[s] shall not, except in cases of urgent necessity, accord­
ing to the opinion of the State mining insepector, be less than
seventy-five feet nor more than 200 feet apart.
Sec. 1516. Every owner, agent, manager, or lessee of mines
Sprinkling.
within the State of Utah shall provide and maintain a water
system for the purpose of conducting water to the face of each
and every working place, and throughout the entire open part of
the mine, in sufficient quantities for sprinkling purposes to wet
down the dust that shall arise and accumulate in and around the
mine: Provided, That in mines or parts of mines where, by
reason of the natural w et condition, or the moisture derived from
the introduction of steam into the air currents, or both, such
sprinkling may not be necessary. And it shall be the duty of the
superintendent, mine foreman, and! inspector to see to it that this
is done.
#
S ec . 1517 (as amended by chapter 132, Acts or 1911). It shall
Timbers.
be the duty of every person, owner, operator, superintendent, or
mine foreman to furnish to the miners all props, ties, rails and
timbers necessary for the safe mining in coal and hydrocarbon
mines, and for the protection of the lives of workmen. Such
props, ties, rails and timbers shall be suitably prepared and shall
be delivered within 100 feet of the face of the room, or entry,
and other working place, free of charge. And whenever under­
h a n d stoping is used to extract h y d ro c a r b o n ore, an efficient
system of timbering approved by the mine inspector shall be
enforced.
Rules.
S ec . 1518 (as amended by chapter 78, Acts of 1913). The follow­
ing general rules shall be observed by every mine owner, opera­
tor, superintendent, mine foreman, and employee within the State
of U tah :
M i n e fore­ 1. Every owner or operator of every mine shall use every rea­
man.
sonable precaution to insure the safety of the workmen in all
cases, and shall place the underground workings thereof under
the charge and daily supervision of a person who shall be known
as “ mine foreman,” and who must hold a mine foreman’s cer­
tificate.
2. All accessible parts of abandoned portions of mines in which
Aband o n e d
portions.
explosive gases have been found or are known to exist shall be
carefully examined by the mine foreman, or his assistants, at least
once in each and every week, and all danger existing therein
from such gases shall be removed as soon as possible. A report
cf each and every examination shall be recorded in a book kept
for that purpose, signed by the person making the examination.
3. In all mines known to generate explosive gases, the mine fore­
Exam ination
for gases.
man, or fire bosses, shall make a careful examination every morn­
ing of all working places and traveling ways, and all other places
which might endanger the safety of the workmen, within three
hours prior to the time at which the workman shall enter the
mine. Such examination shall be made with the safety lamp. No
person except those whose presence is necessary to prepare the
mine for the entrance of the workmen shall enter the mine or any
part thereof, until the mine foreman or fire boss of his district
shall report to him that his place is in a safe condition. The
mine foreman or fire boss making such examination shall record
the result of his examination in a book kept for that purpose,
which book shall be opened to the inspection of the mine in­
spector and all employes.




LABOR LAWS----UTAH----COMPILED LAWS----1907.

2115

4. In any working place approaching any place where there is Lamps.
likely to be an accumulation of explosive gases, no light or fire
other than locked safety lamps shall be allowed or used. But, in
all hydrocarbon mines only electric storage battery lamps shall be
used for lighting purpose; the pattern of such lamps to be ap­
proved by the State mine inspector. Whenever such lamps are re­
quired in any mine they shall be the property of the owner or
operator, and a competent person shall be appointed for the pur­
pose of examining every such lamp, which examination shall be
made immediately before it is taken into the mine for use. He
shall clean, lock, and otherwise ascertain if it is safe for use:
Provided, That all fire bosses, or those who inspect the mine for
the presence of explosive gases, must also personally examine
their own lamps, and be responsible for their safe condition.
That any such owner, agent, lessee or operator of coal or hydro­
carbon mines, when working the same in close proximity to an
abandoned mine or part of a mine, containing water or fire damp,
shall cause bore holes to be kept at least twenty-five feet in ad­
vance of the working face and sides of all working places in such
mine, known to be approaching old, abandoned or other mines
containing water or fire damp. Said holes not to be more than
twenty-five feet apart, and to a like depth and at an angle of at
least twenty-five degrees from the center hole.
5. Any miner or other person having charge of a working Timbering.
place in any mine shall for his own protection keep the roof
and sides thereof properly secured by timbering or otherwise,
so as to prevent such roof and sides from falling and injuring
him or his fellow workmen; and he shall not do any work or per­
mit any work to be done under loose rock or dangerous material,
except for the purpose of securing the same.
6. No more than ten persons shall be hoisted or lowered at Hoisting.
any one time in any shaft or slope. This, however, shall not
prohibit the hoisting or lowering of ten or more persons at any
one time on slopes where five or more loaded cars are regularly
hoisted.
7. No person in a state of intoxication shall be allowed to go Intoxication.
imto [into] or loiter about the mine.
8. Any miner or other workman who shall discover anything R e p o r t of
wro
wrong with the ventilating current or with the condition of the tions.n g condi­
roof, sides, timbers, or roadway, or with any other part of the
mine in general, such as would lead him to suspect danger to
himself or his fellow workmen, or the property of his employer,
shall as soon as possible report the same to the mine foreman
or other person being in charge of that portion of the mine.
[9.] Any person or persons who shall knowingly or w illfully D a m a g i n g
damage, or without proper authority remove or render useless apparatus, etc.
any fencing, means of signaling, apparatus, instrument, or ma­
chine, or shall throw open or obstruct any airway, or open any
ventilating door and not leave the same closed, or enter a place
in or about a mine against caution, or carry fire, open lights,
or matches in places where safety lamps are used, or handle
without proper authority, or disturb any machinery or cars, or
do any other act or thing whereby the lives or health of persons
or the security of property in or about the mine are endangered,
shall be deemed guilty of a misdemeanor.
10. Gunpowder or any other explosive shall not be stored in
Explosives.
a mine, and a workman shall not have at any time in any place
more than one can or box containing six and one-quarter pounds
of powder: Provided, That under special conditions a larger
amount may be allowed in a mine for immediate use, when ap­
proval of such action is made in writing by the State inspector.
11. Every person who has gunpowder or other explosive in a Storage.
mine shall keep it in a wooden or metallic box, securely locked,
and such box shall be kept at least ten feet from the tracks in
all cases where room at such a distance is available.
12. In charging holes for blasting in coal, slate, or rock in Charging for
any coal or hydrocarbon mine, no iron or steel pointed needles blast.
 used, and a tight cartridge shall not be rammed into a
shall be


2116

BULLETIN OF THE BUREAU OP LABOR STATISTICS.

hole in the coal, slate, or rock with an iron or steel tamping bar,
unless the bar is tipped' with copper or other soft metal, except
where permissible powder is used.
Tamping.
13. The charge of powder or any other explosive in coal, slate,
or rock which has missed fire, shall not be withdrawn or the
hole reopened, except where such holes are tamped with wet
wood pulp, and without exception it shall be unlawful to tamp
shot holes for the purpose of blasting coal with drillings, coal
dust, or small pieces of coal. But it shall be the duty of the
superintendent, foreman or lessee to furnish clay or earth tamp­
ing, except when wood pulp is used.
Exam ination.
Before commencing work and also after firing of every
’ blast, the miner working a room or other place in the mine shall
enter such room or place to examine and ascertain its conditions,
and his assistant shall not go to the face of such%
room or place
until the miner has examined the same and found it to be safe.
Blasters
Person shall be employed to blast coal or rock unless the
mine foreman is satisfied that such person is qualified by experi­
ence to perform the work with ordinary safety, or unless he is
placed at work with an experienced miner.
Passageways. 16. Every passageway equipped with mechanical haulage used
by persons as a regular traveling way for travel, and also at the
same time for transportation of coal or other material, shall be
of sufficient width to permit persons to pass moving cars with
safety; but if found impracticable to make any passageway of
sufficient width, then holes of ample dimensions, and not more
than 150 feet apart, shall be made on one side of said passage­
way. The said passageway and safety holes shall be kept free
from obstructions, and the roof and sides of the same shall be
made secure. Safety holes, when necessary shall also be made
at the bottom of all slopes and planes, and kept free from obstruc­
tion to enable the footman to escape readily in case of danger.
C om petence 17. It shall be unlawful for any owner, operator, superintend­
ed miners.
ent, or mine foreman of any mine which generates explosive
gases, to employ any person who is not competent to understand
the regulations of any mine evolving explosive gases.
L a m p s in 18. 2s o person or persons shall be permitted to enter any dry
certain mines, giisonite or elaterite mine with any kind of light other than an
electric or other safety lamp.
Rules to be 19. For the purpose of making known the provisions of this
posted.
title to all persons employed in and around mines, the owner and
operator of each and every mine within the State to which this
title applies shall post in a conspicuous place at or near the en­
trance of the mine, where they may be conveniently read by all
persons employed therein, the foregoing rules, and keep the said
rules posted at all times.
T i m e o f 20- Whenever the mine inspector discovers, in any mine in
blasting.
which blasting of coal is allowed, during working hours, that the
air is becoming vitiated by unnecessary blasting of the coal, he
shall have the power to regulate the use of the same, and to
designate at what hour of the day blasting may be permitted,
except that where coal is shot off the solid without undermining
at least two periods for shooting shall be allowed during each
working day.
Removal o f
21. It shall be unlawful for any owner, operator, superintendgases.
ent, mine foreman, or any employee of any mine which generates
explosive gases to remove any accumulated body of gases by
wafting or brushing. All such bodies of gases must be removed
from the mine by approved methods of ventilation.
Sec. 1519. The duties of the mine inspector, other than those
heretofore enumerated, shall be as follow s:
reDorts8etc0n,
^ sliall be the duty of the mine inspector to make a careful
p
’
* and thorough inspection of each coal and hydrocarbon mine oper­
ated within the State at least once every three months, and
oftener if the condition of the mine requires his attention. He
shall make an annual report to the governor, showing the condi­
tion of each and every coal and hydrocarbon mine in the State.




LABOR LAWS----UTAH----COMPILED LAWS----1901.

2117

He shall examine into the conditions as regards the safety of the
workmen of such mine working, machinery, ventilation, drainage,
and the method of lighting and using lights, and into all other
matters connected with the working safety of persons in such
mine, and give directions providing for the better health and
safety of persons employed in or about the same. The owner or
operator is hereby required to freely permit such entry, inspection,
examination, inquiry, and exit, and to furnish a guide when nec­
essary. The said inspector shall make a record of his visit, noting
the time of the inspection and the material circumstances of the
same, and shall also notify the owner or operator of the mine by
a written report of the condition of the mine at the time of such
inspection.
2. If the inspector finds that a mine is not properly worked, or Notice of un­
is not furnished with proper machinery or appliances for the s a f e raachinsafety of the miners and all other employees, it shall be his duty ery*
to give written notice to the owner or manager of such mine that
it is unsafe, and such notice shall specify in what particulars the
mine is unsafe, and shall direct the owner or manager thereof to
make such improvements as are necessary within a reasonable
period. If the improvements are not made as required in the
notice, it shall be unlawful for the owner or manager to operate
such mine until such improvements are completed.
3. No explosive oil shall be used or taken into coal or hydro- Oil.
carbon mines of Utah for lighting purposes, except when used in
approved safety lamps, or when used by day men when diluted
with a nonexplosive animal or vegetable oil. And oil for such
purpose shall not be stored or taken into the mines in quantities
exceeding five gallons, in tight cans approved by the State coal
mine inspector. The oiling or greasing of cars inside of the
mines is strictly forbidden unless the place where said oil or
grease is used is thoroughly cleaned at least once every day to
prevent the accumulation of waste oil or grease on the roads or in
the drains at that point, and not more than one barrel of lubri­
cating oil shall be permitted in the mine at any one time. Only a
pure animal oil or pure cotton-seed oil, or oils as shall be as free
from smoke as pure animal oil or pure cotton-seed oil, shall be
used for illuminating purposes in any coal or hydrocarbon mine,
except as above provided. Any person found using explosive or
impure oil contrary to this section shall be prosecuted as provided
for in section 1524.
S ec . 1520. In shaft or slope mines where persons are lowered or
Speaking
(hoisted by machinery, a metal speaking tube or other suitable tubes,
appliance shall be provided in all cases so that conversation or sig­
naling may be carried on through the same from the top to the
bottom of the shaft or slope.
S ec . 1521. Whenever, by reason of an explosion or any other Accidents,
accident in any coal or hydrocarbon mine or the machinery con­
nected therewith, loss of life or serious personal injury shall oc­
cur, it shall be the duty of the person having charge of such mine
or colliery to give notice thereof promptly to said mine inspector,
and if any person is killed thereby, to the coroner of the county who
shall give due notice of the inquest to be held. If the coroner
shall determine to hold an inquest, the inspector shall be allowed
to testify, and offer such testimony as he shall deem necessary to
thoroughly inform the said inquest of the causes of death, and the
said inspector shall have authority at any time to appear before
such coroner and jury and question or cross-question any witness,
and in choosing the jury for the purpose of holding such inquest,
it shall be the duty of the coroner to impanel at least two men
experienced in coal mines on such jury. It shall be the duty of
such inspector, when possible, upon being notified as herein pro­
vided, to immediately repair to the scene of the acicdent and give
such directions as may appear necessary to secure the future
safety of the men, and he shall proceed to investigate and ascer­
tain the causes of the explosion or accident, and make a record
thereof, which he shall file; and to enable him to make the investi-




2118

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

gation, lie shall liave the power to compel the attendance of per­
sons to testify, and to administer oaths and affirmations; the cost
of such investigation shall be paid by the county in which the
accident occurred, in the same manner as the costs of coroners’
inquests are paid by law.
Examining
S ec . 1522. On the petition of the mining inspector, the district
board.
court in any county in this State shall, at the first term after
March 17, 1905, appoint an examining board for such county,
consisting of the State inspector of coal mines, an operator of a
coal mine, and a coal miner, who shall be citizens of the United
States, and the latter two of which board shall have at least five
years of experience in the mines of the State, whose duty it shall
E x a m i n a t i o n be to examine any person applying thereto as to his competency
o f m i n i n g a n d qualifications to discharge the duties of mining boss; said
bosses.
board of examiners shall meet at the call of the inspector, and
they shall grant certificates to all persons whose examination
shall disclose their fitness for the duties of mining boss, and such
certificate shall be sufficient evidence for the competency and
Provisos.
qualification of the holders for duties of said office: Provided,
That any person who shall have been employed as a miner at
least five years in the coal mines of Utah and as a mining boss
continuously by the same person, or firm, or corporation, for the
period of one year preceding the approval of this title, may be en­
titled, if in the judgment of the inspector he be qualified, to a
certificate without undergoing such exam ination; but he shall not
be employed by any other person, or firm, or corporation without
having undergone such examination. The members of the ex­
amining board, other than the inspector, shall hold the office for
the period of two years from the date of their appointment, and
shall receive $4 per day for each day necessarily and actually
employed, and actual and necessary traveling expenses, while
employed in their official duties, to be paid by the State. Va­
cancies in the membership of the board shall be filled by the
court of the proper county except the vacancy in the office of in­
spector. Sessions of the examining board shall not exceed three
days in each quarter, and for any certificate granted the board
shall receive the sum of $1, the same to be paid into the State
Fire boss to treasury. No person shall act as fire boss unless granted a cerh a v e certifi- tificate of competency by the State inspector of coal mines. No
cateowner, operator, contractor, lessee, or agent shall employ any
mining boss or fire boss who does not have the certificate of
competency required. Said certificate shall be posted up in
the office of the mine, and if any accident shall occur in any mine
in which a mining boss or a fire boss shall be employed who had
no certificate of competency, as required by this chapter, by
which any miner shall be killed or injured, he or his estate shall
have a right of action against such operator, or owner, lessee, or
Damages.
agent, and shall recover the full damage sustained; in case of
death such action to be brought by the administrator of his estate,
within three years from the date of accident, the proceeds re­
covered to be divided among the heirs of the deceased according
to law.
Penalty.
S ec . 1524. The neglect or refusal to perform the duties required
to be performed by any section of this chapter, or the violation of
any of the provisions hereof, shall be deemed a misdemeanor, and
any person so neglecting or refusing to perform such duty or
violating such provisions, shall, upon conviction, be punished by
a fine of not less than $100, nor more than $500 for each and
every such offense.
Scales to be
®EC- *529. The owners, agent, or operator of every coal mine
provided.
in this State, at which the miners are paid by weight, shall
provide at such mines suitable and accurate scales of standard
manufacture for the weighing of all coal which shall be hoisted
or delivered from such mines: Provided, That when coal is
weighed in the miner’s car, such car shall be brought to a stand­
still on the scales before the weight is taken.



LABOR LAWS----UTAH---- COMPILED LAWS----1907.

2119

Sec. 1530. The owner, agent, or operator of such mine shall re- Wcighmaster.
quire tlie person authorized to weigh the coal delivered from said
mine to be sworn before some person having authority to ad­
minister an oath, to keep the scales correctly balanced, to accu­
rately weigh and to correctly record the gross or screened weight
to the nearest ten pounds of each miner’s car of coal delivered
from such mine, and such oath shall be kept conspicuously posted
at the place of weighing. The record of the coal mined by each
miner shall be kept separate, and shall be opened to his inspection
at all reasonable hours, and also for the inspection of all other
persons pecuniarily interested in such mine.
Sec. 1531. In all coal mines in this State the miners employed
Checkweighand working therein may furnish a competent checkweighman at man.
their own expense, who shall at all proper times have full right
of access and examination of such scales, machinery, or apparatus,
and of seeing all measures, and weights of coal mined and ac­
counts kept of the same: Provided, That not more than one per­
son on behalf of the miners collectively shall have such right of
access, examination, and inspection of scales, measures, and ac­
counts at the same time, and that such persons shall make no un­
necessary interference with the use of such scales, machinery, or
apparatus. The agent of the miners as aforesaid shall, before
entering upon his duties, make and subscribe to an oath before
some officer duly authorized to administer oaths, that he is duly
qualified and will faithfully discharge the duties of checkweigh­
man. Such oath shall be kept conspicuously posted at the place
of weighing.
Sec. 1532. Any person, company, or firm having or using any F r a u d u l e n t
scale or scales for the purpose of weighing the output of coal at weighing,
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 of which such coal is not correctly
weighed or reported in accordance with the provisions of this
chapter; or any weighman or checkweighman who shall fradulently weigh or record the weights of such coal, or connive at or
consent to such fraudulent weighing, shall be deemed guilty of a
misdemeanor.
Sec. 1534. It shall be the duty of the coal mine inspector, in Scales to be
addition to his other duties, to e x a m in e all sc a le s used at any inspected,
coal mine in the State for the purpose of weighing coal taken out
of such m ine; and on inspection, if found incorrect, he shall notify
the owner or agent of any such mine that such scales are incor­
rect ; and after such notice it shall be unlawful for any owner or
agent to use or suffer the same to be used, until such scales are so
fixed that the same will give the true and correct weight. Any
person violating the provisions of this section shall be deemed
guilty of a misdemeanor.
Sec. 1540 x . All mines having but one exit, and the same covered tion^reauired
with the building containing the mechanical plant, furnace room, when.
’
or blacksmith shop, shall have fire protection. Where steam is
used, hose of sufficient length to reach the farthest point of the
plant shall be attached to feed pump or injector, and the same
kept ready for immediate use. In mines where water is not avail­
able, chemical fire extinguishers or hand grenades shall be kept
in convenient places for immediate use, and it shall be the
duty of any owner or operator of a mine in the State of Utah to
provide fire protection as mentioned in this section, * * *
Any person or corporation who shall refuse or neglect to comply
with the provisions of this section shall be guilty of a misde­
meanor.
Sec. 1540x1. It is unlawful for any person or corporation to safety cage
sink any vertical shaft, where mining cages are used, to a greater required, when,
depth than 200 feet, unless the shaft is provided with an ironbonneted safety cage to be used in lowering and hoisting em­
ployees, or any other person. The safety apparatus, whether
consisting of eccentrics, springs, or other device, must be securely
fastened to the cage, and of sufficient strength to hold the cage




2120

BULLETIN OF THE BUEEATJ OF LABOR STATISTICS.

loaded at any depth to which the shaft may be sunk. The iron
bonnet must be made of boiler sheet iron of good quality, at
least three-sixteenths of an inch in thickness, and must cover
the top of the cage in such manner as to afford the greatest pro­
tection to life and limb from any debris or anything falling down
the shaft. Any violation of this section is punishable by a fine of
not less than $200 nor more than $500, the same to be paid into
the county treasury of the county in which the case is tried.
Supply f o r
Sec. 1540x2. It shall be unlawful for any mining company, cort w e n t y -fo u r poration, or individual mine owner employing more than ten men
Hours.
a £ a n y on e
h a y e stored at any shaft house, or covering
over any adit, incline, or tunnel, connected with a metalliferous
mine or within the underground workings of any such mine,
stopes, or drifts, at any one time, more than enough powder or
other high explosives to do the work for each twenty-four hours.
Any violation of this section shall be punished by a fine of not less
than $100, nor more than $1,000.
Provi si ons
S ec . 1540x3. At all mines in the State of Utah where ten or
for accidents. more men are employed, it shall be the duty of the operator or
owners thereof to keep readily accessible a properly constructed
stretcher, a woolen blanket, a waterproof blanket and a supply of
linseed oil, antiseptic gauze, carboiated vaseline, sponges, soap,
liniment, carbolic acid, rubber bandages, suitable towels and wash
basins, all for the comfort and treatment of anyone injured in
such mine.
Violations.
S ec . 1540x4. Any willful neglect, refusal, or failure to do the
things required to be done by the preceding section, or any at­
tempt to obstruct or interfere with the complying with the pro­
visions of this chapter, shall be deemed a misdemeanor, punishable
by a fine in any sum less than $300, or by imprisonment in the
county jail not to exceed six months, or by both such fine and
imprisonment.
Earnings of minors.
Paym ents to
S ec tio n 1544. When a contract for the personal services of a
minors v a l i d , minor has been made with him alone, and those services are afterwhen.
ward performed, payment made therefor to such minor in accord­

ance with the terms of the contract is a full satisfaction for those
services, and the parent or guardian cannot recover therefor a
second time.
State Miners' Hospital.
Branch estafcS ec t io n 2207. There shall be established at Park City, Summit
lished.
County, a branch of the State Miners’ Hospital for the treatment

of the sick and disabled miners of the State, to be known as the
Branch of the State Miners’ Hospital.
Board of comSec. 2208. The government and control of the branch of the
missioners.
state miners’ hospital shall be vested in a board of commission­
ers to consist of the governor and two other members appointed
by the governor, by and with the consent of the senate, who shall
be known as the board of commissioners of the branch of the
State miners’ hospital.
Towers.
gE < 2209. The board may contract and be contracted with, and
C
may sue and be sued, in all matters concerning the hospital. It
may take and hold by purchase, gift, bequest, or devise real and
personal property required for its uses, and it may convert prop­
erty and credits received by gift, bequest, or devise, and not suit­
able for its use, into money and property available for its uses.
Organization.
S ec . 2210. The board may appoint a secretary, a treasurer, a
medical superintendent, and such other officers as it may deem
necessary, and may make by-laws for its own government, and
shall have general control and management of the affairs of the
hospital. A majority of the members of the board shall consti­
tute a quorum for the transaction of business.




..

LABOR LAWS— UTAH— COMPILED LAWS— 19 07

2121

S ec . 2211. T he board may remove any officer or employee of the
remove
hospital by a majority vote of its number, for neglect of duty or officersfor refusal to comply with the by-laws made for the establish­
ment and government of the institution.
S ec . 2212. On or before the 1st day of January of each year, ,.J*eport to au“
the board shall certify to the State auditor the number of indigent dltor*
patients, the number of pay patients, and the number of patients
who pay in part, and also the amount paid by each.
S ec . 2213. Application for admission to the hospital must be Applications,
made to the medical superintendent under such rules and regula­
tions as the board may establish.
S ec . 2214. In case a person received into the hospital shall be t»Jzt^ent ° f
possessed of property sufficient to pay the costs of treatment, or
any part of the same, he shall be admitted on such terms as the
board may fix: Provided, That the hospital shall be free to any
indigent miner.
S ec . 2215. The relatives or friends of any patient in the hopsital Payment o f
may pay any portion or all of his expenses therein. Patients who costs*
desire it, and shall be able to pay the expenses thereof, may be
provided with a special attendant or have such other special care
as the superintendent may deem expedient.
S ec . 2216. No patient having an infectious or contagious dis- eases °U S"
ease shall be admitted into the hospital.
S ec . 2217. This chapter shall take effect only upon condition
site to be
that there shall be donated and conveyed to the State a suitable aoJX&tea'
site for such hospital, to be subject to the approval of the board
of commissioners hereinbefore provided for, and on the further
condition that there shall be donated and actually paid to the
said board of commissioners the sum of $5,000 as a fund to assist
in the building of the hospital herein provided for.
S ec . 2218. The sum of $5,000 is hereby appropriated, to be B u i l d i n g ,
used under the direction and control of the said board of com- m a i n t e n a n c e ,
missioners in the erection of a building for such hospital. The
'
board of commissioners may expend in the maintenance of the
hospital such sums as may be paid into the same by patients,
and may also receive gifts, bequests, and devises of personal and
real estate, and apply the same, or the proceeds thereof, according
to the intention of the donors, for the use and benefit of the hos­
pital. The board shall make semiannual reports to the governor
of all its transactions.

Bureau of statistics.
S ec t io n 2427x2. The commissioner of the bureau of statistics
P o w e r s of
shall have power to issue subpoenas, administer oaths, and take commissioner,
testimony in all matters relating to the duties herein required by
said bureau, said testimony to be taken in some suitable place in
the vicinity to which testimony is applicable. Witnesses sub­
poenaed and testifying before the commissioner of the bureau shall
be paid the same fees as witnesses before a justice’s court, such
payment to be made out of the contingent fund of the bureau in
advance, but such expense for witnesses shall not exceed $100
annually. Any person duly subpoenaed under the provisions of
this section, who shall w illfully neglect or refuse to attend or tes­
tify at the time and place named in the subpoena, shall be deemed
guilty of a misdemeanor, and, upon conviction thereof before any
court of competent jurisdiction, shall be punished by a fine not
exceeding $50 and costs of prosecution, or by imprisonment in the
county jail not exceeding thirty days: Provided, however, That no
witness shall be compelled to go outside the county in which he
resides to testify.
S ec . 2427x4. In the reports of the commissioner no use shall be P a r t i a l l a r s .
made of names of individuals, firms, or corporations supplying the not to be dis­
information called for by this chapter, such information bein gc
deemed confidential and not for the purpose of disclosing personal
affairs; and any officer or employee of the bureau of statistics vio­
lating this provision shall be deemed guilty of a misdemeanor




2122

BULLETIN OF THE BUREAU OF LABOE STATISTICS.

and, upon conviction tliereof, shall be fined in a sum not exceed­
ing $500 and costs of prosecution, or by imprisonment in the
county jail not exceeding one year.
Schedules to S ec . 2427x5. No report or return made to said bureau in ac­
he preserved, cordance with the provisions of this chapter, and no schedule,
record, or document gathered or returned by its officers or em­
ployees, shall be destroyed within two years of the collection or
receipt thereof. At the expiration of two years all records,
schedules, or papers accumulating in said bureau during said
period, that may be considered of no value by the commissioner,
may be destroyed: Provided, The authority of the State senate be
first obtained for such destruction.
Collection of S ec . 2427x6. Said bureau may collect the information called
inform ation.
for ^
chapter, or such information as the commissioner shall
consider essential to perfect the work of the bureau, from the
several State, county, city, town, precinct, and school district
officers, and from officers of prisons, penal and reformatory insti­
tutions; and it shall be the duty of all such officers to furnish,
upon the written or printed request of the commissioner, such
information as shall be considered necessary for the purposes of
this chapter, upon blanks furnished by said bureau. Each owner,
operator, or manager of industrial, mining, or agricultural busi­
ness, or other person having information necessary to the work
of the bureau of statistics, shall, upon the request of the com­
missioner, furnish the same, upon blanks to be provided by the
said bureau. Each owner, operator, or manager of any indus­
trial, mining, or agricultural business, or any person having infor­
mation necessary to the work of the bureau, who fails or refuses
to furnish the information so requested, shall be deemed guilty of
a misdemeanor, and, upon conviction thereof, shall be fined in a
sum not less than $10 nor more than $100, and costs of prosecution.
S ta tis tic s ;
S ec . 2427x8. The commissioner of the bureau shall require each
person, company, and corporation engaged in industrial or mining
pursuits in the State to make statistical statements, as indicated
on blanks furnished by the bureau, as follow s:
Of manufac- Industries: Number of establishments; name and post-office adtu re s ;
dress of corporation, company, or individual producing; name of
business; kind of motive power; average number and sex of
hands employed; capital invested; raw material used; product;
number of flouring mills, woolen mills, saw mills, and factories of
different classes; number of pounds of cheese and butter pro­
duced in factories; number and kind of cows used; number of
mercantile establishments and average number of employees in
each; amount of capital invested; number of workshops and
average number of em ployees; minimum w ages; maximum w ages;
average wages; number of hours per day employees are required
to work.
Of mining. . Mining: Quantity of precious or other metals or minerals pro­
duced or handled; capital employed; approximate area of prop­
erty; area of undeveloped property.
In addition, each person, company, and corporation engaged in
industrial or mining business shall furnish such other informa­
tion as shall be requested on the blanks provided by the bureau
therefor.
Garnishment of wages of public employees.
Wages may
S e c t io n 3113x. The State of Utah, or any county, city, town,
be attached,
district, board of education, or other subdivision of the State, or

any officer, board, or institution, or either of the same having
in possession or under control any credits or other personal
property of, or owing any debt to the defendant in any action,
whether as salary or wages, as a public official or employee, or
otherwise, shall be subject to attachment, garnishment, and exe­
cution under such rights, remedies, and procedure as are or may
be made applicable by statute to attachment, garnishment, and




LABOR LAWS----UTAH----COMPILED LAWS----1907.
execution, respectively, in other cases, except as hereinafter
provided.
S ec . 3113x1. The process shall be served only upon the auditor
of the legal subdivision garnisheed, and in case there is no auditor,
then on the clerk of the county, city, town, district, board of edu­
cation, or other subdivision of the State, or board, or institution,
or either of the same, and the answer of such auditor or clerk shall
be final and conclusive, and the truth of such answer shall not
be subject to further examination or proceedings of any kind.

2123
Process,

Exemption of wages from execution, etc.
Sec. 3243. The earnings of any minor child of any debtor Wfthin Minors’ earnthis State and the proceeds thereof are exempt from execution ings exempt,
against such debtor by reason of any debts or liability of such
debtor, not contracted for the special benefit of such minor child.
S ec . 3245. The following property is exempt from execution, ex­
cept as herein otherwise specially provided:
*
*
*
*
*
*
*
7.
One-half of the earnings of the judgment debtor for his per- c e rta in earnsonal services rendered at any time within thirty days next pre- ings of judgceding the levy of execution or levy of attachment by garnish- ^emnt debtor
ment or otherwise, when it appears by the debtor’s affidavit that
he is a married man, or head of family, and that such earnings
are necessary for the use of his family, residing in this State,
supported wholly or in part by his labor: Provided, That when the
earnings are $2 a day or less, such married man or head of
family shall be entitled to an exemption of $30 per m onth: Pro­
vided, That in no case shall the judgment debtor be taxed with the
costs of any proceeding to obtain, by levy of execution or other­
wise, any part of the earnings of such judgment debtor, for per­
sonal services rendered within thirty days next preceding the levy
of such execution;
Wages as preferred claims—In administration.
S e c t io n 3869. The executor or administrator, as soon as he has
paym ent of
sufficient funds in his hands, must pay the funeral expenses and f u n e r a l exexpenses of the last sickness and the allowance made to the exPenses> etc*
family of the decedent. He may retain in his hands the necessary
expenses of administration, but he is not obliged to pay any other
debt or any legacy until the payment has been ordered by the
court.
S ec . 3870. Other debts of the estate must be paid in the followWages a
ing order:
prior claim.
1. The wages of each employee of the decedent for services ren­
dered within sixty days next preceding his death, not exceeding

$100;

Misdemeanors—General penalty.
S e c tio n 4065. Except in cases where a different punishment is Penalty where
prescribed by Jaw, every offense declared to be a misdemeanor i s no^e , is Pre"
punishable by imprisonment in a county jail not exceeding s ix scriDeamonths, or by a fine in any sum less than $300, or by both. In all
cases where a corporation is convicted of an offense for the com­
mission of which a natural person would be punishable as for a
misdemeanor, and there is no other punishment prescribed by law,
such corporation is punishable by a fine not exceeding $1,000.

Sunday labor.
S e ctio n 4234. Every person who keeps open on Sunday any
gun(jay 1 a store, workshop, bar, saloon, banking house, or other place of busi- to r forbidden.




2124

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

ness, for the purpose of transacting business therein, is punish­
able by fine not less than $5 nor more than $100.
Appl i cati on
Sec* 4235. The provisions of the preceding section do not apply
of law.
to persons who, on Sunday, keep open hotels, boarding houses,
baths, restaurants, taverns, livery stables, or retail drug stores,
for the legitimate business of each, or such manufacturing estab­
lishments as are usually kept in continuous operation.
.
S ec . 4238. Every person who performs any unnecessary labor
ena y*
or does any unnecessary business on Sunday is guilty of a misde­
meanor, and shall be fined in any sum not exceeding $25.
Exceptions
Sec# 4239. Labor performed by employees of such works as are
usually kept in constant operation, and in irrigating, is not in­
cluded in the foregoing section.
Negligence of employees on steamboats, ctc.
Negligence enS ec t io n 42G9. Every captain or other person having charge of
dangering life. any steamboat used for the conveyance of passengers, or of the

boilers and engines thereof, who, from ignorance or gross neglect,
or for the purpose of excelling any other boat in speed, creates, or
allows to be created, such an undue quantity or pressure of steam
as to burst or break the boiler, or any apparatus or machinery
connected therewith, by which bursting or breaking human life is
endangered, is guilty of a misdemeanor.
Same subject.
S ec . 4270. Every engineer or other person having charge of any
steam boiler, steam engine, or other apparatus for generating or
employing steam who willfully, or from ignorance or gross neg­
lect, creates, or allows to be created, such an undue quantity of
steam as to burst or break the boiler, or engine, or apparatus, or
cause any other accident whereby human life is endangered, is
guilty of a misdemeanor.
ca^sin^iSdeatiie Sec* 4271* Every person having charge of any steam boiler or
*
*steam engine, or other apparatus for generating or employing
steam, who willfully, or from ignorance or neglect, creates, or al­
lows to be created, such an undue quantity or pressure of 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 imprisonment in the State prison for not less than
one nor more than ten years.
Collision on Sec. 4272. Every conductor, engineer, brakeman, switchman, or
death.CauS otller Person having charge, wholly or in part, of any railroad car,
°
*
locomotive, or train, who w illfully or negligently permits or causes
the same to collide with another car, locomotive, or train, or with
any other object or thing, or any train dispatcher who w illfully or
negligently permits any such collision, 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, etc., of railroad employees.
S ection 4292. Every person who is intoxicated while in charge

ofInen"iifee°rn

etc.

°

duty

’ of a locomotive engine, or while acting as conductor or driver
upon any railroad train or car, or as motorman or as conductor
of any street car, whether propelled by steam or electricity, or
drawn by horses or otherwise, or while acting as train dispatcher
or as telegraph operator, and receiving or transmitting dispatches
in relation to the movement of trains, is guilty of a misdemeanor.
S ec . 4294. Every engineer, conductor, brakeman, switch tender,
or otlier officer, agent, or servant of any railroad company who is
guilty of any w illful violation or omission of his duty as such
officer, agent, or servant, whereby human life or safety is endan­
gered, the punishment of which is not otherwise prescribed, is
guilty of a misdemeanor.
Protection of employees on street railw ays—Inclosed platform s.

Platform s to

whennC

S ec t io n 4487x7. It shall be unlawful for any person, partnership, or corporation owning or operating a street railway in this
State, or for any officer or agent thereof superintending or having




LABOR LAWS— UTAH----COMPILED LAWS— 1907.

2125

charge or control of the management of the said line of railway
or of the cars thereof, operating electric, cable or other cars pro­
pelled by steam, cable, or electricity, which require when in opera­
tion the constant services, care, or attention of any person or
persons on any part of such car, to require or permit such services,
attention, or care of any of its employees, or any other person
or persons between the 1st day of November and the 1st day of
April of each year, unless such person, partnership, or corpora­
tion, its officers or superintending or managing agents, have first
provided * * * [the] cars so owned with a proper and suffi­
cient inclosure, constructed of wood, iron, and glass, or similar
suitable materials, sufficient to protect such employees from ex­
posure to the inclemencies of the weather: Provided, That such Proviso,
inclosure shall be so constructed as not to obstruct the vision of
the person operating such car. * * ♦
S ec . 4487x8. It shall be unlawful for any such person, partner- Unlawful to
ship, or corporation so owning or operating a street railway using
steam, electric, or cable cars, or any superintending or managing sure,
officer or agent thereof, to cause or permit to be used upon such
line of railway between said 1st day of November and said 1st
day of April of each and every of said years, any car or cars upon
which services of any employee such as specified in section 4487x7
is required, unless said car or cars shall be provided with the
inclosure required by said section 4487x7.
S ec . 4487x9. Any person, partnership, or corporation owning, Penalty,
operating, superintending,, or managing any such line of street
railway, or managing or superintending officer or agent thereof,
who shall be found guilty of a violation of the provisions of sec­
tions 4487x7, 4487x8, shall be deemed guilty of a misdemeanor,
and, upon conviction thereof, sh&ll be punished by a fine of
not less than $50, nor more than $250. Each day any of said
persons cause or permit any of their said employees to operate
such car or cars in violation of the provisions of section 4487x7,
or cause or permit cars to be run or operated in violation of sectin 4487x8, shall be deemed a separate offense: Provided, That Proviso,
the provisions of sections 4487x7-4487x9 shall not apply to
cars used and known as trailing cars, or cars used solely in con­
struction or repair work, or cars known as open or summer cars.
Interference icith employment—Intim idation.
S e c t io n 4487x11. Any person or persons in this State who shall
threaten to destroy property or to do bodily harm, for the pur­
pose of preventing any person or persons from entering or re­
maining in the employ of any company, corporation, or individual,
shall be guilty of a misdemeanor.

T hreats,

Protection of employees as traders, etc.—Company stores and
Tyoarding houses.
S ec t io n 4487x25. Every person, body corporate, agent, man- em* ^ e Cii g
eg
ager, or employer doing business in the State of Utah who, by choice of boardcoercion, intimidation, threats, or undue influence, compels hising house, etc.
employees to board at a particular boarding house, or to trade
with or at a particular store, shall be deemed guilty of a mis­
demeanor.

ACTS OF 1909.
C h a p t e r 21.—P rivate employment offices.
S ectio n 1. It shall be unlawful for any person, persons, firm, qu^ed.nSe r 6 ’
corporation or association to open and establish in any city, town,
or elsewhere within the limits of the State of Utah, any intelli­
gence or employment office, for the purpose of procuring or obtain­
ing for money or other valuable consideration, either directly or
indirectly, any work, employment, or occupation for persons seek-




2126

B U L L E T IN OF T H E BUR EAU OF LABOR STATISTICS.

ing the same, or to otherwise engage in the business, or in any­
way to act as a broker 01* go-between between employers ancl persons seeking work, without first having obtained a license so to
do from the city, town, or, if not within any city or town, from
the county where such intelligence or employment office is to be
opened or such business is to be carried on. Any person, persons,
firm, corporation or association performing any of the foregoing
enumerated services as aforesaid, shall be deemed to be an em­
ployment agent within the meaning of this act.
C i t i e s to
S ec . 2. Every city, town, or county in this State shall, by ordimake rules.
nance, provide for the issuing of licenses as contemplated by this
act, and shall establish such rules and regulations as are not here­
in provided for the carrying on of the business or occupation
for which such license may be issued.
Applications.
S ec . 3. Any person, persons, firm, corporation, or association
applying for a license under the provisions of this act, shall make
application to the city council, or board of trustees, or board of
county commissioners for the same, and shall deposit with the
city, town or county treasurer, in advance, the annual fee for such
license, to be evidenced by the receipt of the city, town, or
county treasurer endorsed on said application. If the city council,
board of trustees, or board of county commissioners, refuses to
order the issuance of such license to the party or parties applying
for the same, the sum so deposited with the city, town or county
treasurer shall be refunded to the applicant or applicants for
license without any further action of the city council, board of
trustees, or board of county commissioners.
Bond.
S ec . 4. Any person, persons, firm, corporation, or association
licensed under the provisions of this act shall pay an annual
license fee in such amount as may be determined by the city
council, board of trustees, or board of county commissioners, and
before such license shall be issued shall deposit with the city,
town or county treasurer a bond in the penal sum of $1,000, with
two or more sureties, to be approved by the officers designated by
ordinance; such bonds shall be made payable to the city, town or
county where such business is to be carried on, and shall be con­
ditioned that the person, persons, firm, corporation or association
applying for the license w ill comply with this act and shall pay
all damages occasioned to any person by reason of any misstate­
ment, or misrepresentation, or fraud, or deceit of any person or
persons, their agents, or employees, or from any other violation of
this act, in carrying on the business for which license is granted.
If at any time, in the opinion of the officers designated by ordi­
nance to approve said bond, as provided herein, the sureties, or
any of them, shall become irresponsible, the person, firm, corpora­
tion, or association holding such license, shall, upon notice from
the city or town treasurer, give a new bond, to be approved as
hereinafter provided. Failure to give a new bond within ten
days after such notice, shall operate as a revocation of such
license, and the license shall be immediately returned to the city,
town or county treasurer, who shall destroy the same. Licenses
granted under this act may be transferred by order of the city
council, board of trustees, or board of county commissioners, but
before such transfer shall be authorized, the applicant or appli­
cants for the same shall deposit with the city, town or county
treasurer the sum of $5, which shall be endorsed upon the appli­
cation, and the person, persons, firm, corporation, or association
to whom such license is transferred shall also deposit such bond as
is required by the applicant or applicants for an original license,
as hereinbefore prescribed, and to be approved in the same manner.
Certificate to S ec . 5. Upon the granting of a license by the city council, board
issue.
of trustees, or board of county commissioners, under this act, the
city, town or county treasurer shall, within one week after pay­
ment of the license fee, issue to the applicant or applicants en­
titled to the same, a certificate of license setting forth the fact
that such license has been granted, and it shall be the duty of all
persons, firms, corporations, or associations, who may obtain such




LABOR LAWS— UTAH— ACTS OF 1909.

2127

certificate of license, to keep tlie same publicly exposed to view in
a conspicuous place in tlieir office or place of business.
Sec. 6. Any employment agent who shall knowingly send out Sending feany female lielp to any place of bad repute, house of ill fame or ma\?s to imassignation house, or to any house or place of amusement k ep tmoia resortsfor immoral purposes, shall be liable to pay a fine of not less than
one hundred dollars ($100), and shall be imprisoned not less than
ninety days and on conviction thereof, in any court, shall have his,
its or their license rescinded.
Sec. 7. Any employment agent who shall send out any help, P rior order
male or female, without having previously obtained a bona fide re(imredorder, shall, upon conviction thereof, for each and every offense
be subject to the penalties provided in section 16 of this act.
S ec. 8. It shall be unlawful for any employment agent in the Feeg not to
State of Utah to receive, directly or indirectly, any money or be accepted,
other valuable consideration from any person seeking employment, when,
for any information or assistance furnished or to be furnished
by said agent to such person, enabling or tending to enable said
person to secure such employment, prior to the time at which said
information or assistance is actually thus furnished.
S e c . 9. It shall be unlawful for an employment agent in the Fees to be re­
state of Utah to retain, directly or indirectly, any money or other turned, when,
valuable consideration received for any information or assistance
such as is described in section 1 hereof, if the person for whom
such information or assistance is furnished fails, through no neg­
lect or laches of his own, to secure the employment regarding
which such Information or assistance is furnished; and said
money or consideration shall be by said agent forthwith returned
to the payer of the same, upon demand therefor by the latter or
his agent.
S ec. 10. It shall be unlawful for any employment agent in the Limit of fees.
State of Utah to receive as commission, directly or indirectly, for
information or assistance such as is described in section 1 of this
act, any money or other consideration which is in value in excess
of eight per cent of the amount earned, or prospectively to be
earned, by the person to whom such information is furnished,
through the medium of the employment regarding which such in­
formation or assistance is given, during the first month of such
employment: Provided, That said value of said commission shall
not be in excess of eight per cent of the amount actually pro­
spectively to be earned in such employment when it is mutually
understood by the agent and person in this section mentioned, at
the time when said information or assistance is furnished, that
said employment is to be for a period of less than one month.
S ec. 11. Each employment' agent duly licensed under this act Empl oye r s *
shall enter upon a register to be kept for that purpose, and to be register,
known as an “ employers’ register,” every order received from any
corporation, company or individual desiring the service of any
persons seeking work or employment, the name and address of the
corporation, company or individual, for whom such order w as re­
ceived, the number of persons wanted, the nature of the work or
employment, the town or city, street and number, if any, where
such work or employment is to be furnished, and the wages to be
paid.
S ec. 12. Each employment agent in the State of Utah shall Applicants’
keep a register, to be known as “ labor applicants’ register,” register,
which shall show the name of each person to whom information
or assistance is furnished, and as is described in section 1 hereof;
and the amount of the commission received in each such case
therefor; the name of each person who, having received and
paid for, as herein contemplated, information or assistance such
as is described in section 1 hereof, fails to secure the employment
regarding which such information or assistance is furnished,
together with the reason why said employment was not by said
person secured, and the name of each person to whom return is
made, in accordance with the provisions of section 9 hereof, of
any money or other consideration such as is in said section




2128

BULLETIN OF THE BUEEAU OF LABOE STATISTICS.

named, together with the amount of said money, or the value
of said consideration, thus returned. The registers required by
section 11 of this act and by this section shall be open at all
reasonable hours to the inspection of any peace official of any
municipality or county in this State.
C ontracts to Sec. 13. Every person securing information or intelligence from
in up ca • an employment agent in reference to hiring or engagment to
work for others, as provided in section 1 of this act, shall be
furnished a written copy in duplicate of the terms of such hire
or engagement by said employment agent, showing amount of
commissions or fees paid such employment agent, kind of service
to be performed, rate of wages or compensation, length of time,
if definite, and if indefinite, it should be so stated, of such
service, with full name and address of the person or persons,
firm or corporation authorizing the hire of such person; one of
the aforesaid copies to be delivered to the person or persons,
firm or corporation for whom the labor is to be performed, and
the other to be retained by the person furnished with informa­
tion or intelligence, as aforesaid; and the agent issuing the above
described written copy of the conditions of service or employment
shall make and keep, in a book provided for the purpose, a third
copy of the same; and any person engaged in the business of
keeping an employment office, such as is contemplated by this act,
who shall fail to observe the provisions of this section shall be
subject to the penalties provided in section 16 of this act: Provided, That it shall be lawful to keep the register required by
section 12 of this act, and the receipt required by this section,
in the same book and on one and the same form, if desired.
D ividing
S ec . 14. Any emlpoyment [employment] agent sending out help
fees*
to contractors or other employers of help, and dividing the fees
herein allowed with subcontractors and employers of help, or
their foreman or anyone in their employ, shall be subject to the
penalties provided in section 16 of this act.
Office in saSec. 15. It shall be unlawful for any employment agent in
loons.
the State of Utah to conduct the business of an employment or
intelligence office in, or in connection with, any place where in­
toxicating liquors are sold or dispensed.
Giving false
S ec . 16. If any person, persons, firm, corporation, or associai n f o r m a t i o n , ti°n, or iiig, its, or their agent or employees engage in the busi­
ness of employment or intelligence agent or broker, duly licensed,
as provided in this act, shall give any false information or
shall make any misstatement or shall make any false promises
concerning any work or employment or occupation, or shall fail
to keep the registers as are prescribed in sections 11 and 12
of this act, or shall w illfully make any false entries in such
register, or shall violate any other provisions of this act, for
which violation penalties are not hereinbefore provided, shall,
upon conviction thereof, for each andl every offense, be fined
in any sum not exceeding one hundred dollars ($100), and in
the discretion of the trial judge, the license under which such
person, persons, firm, corporation or association has or have
been permitted to conduct the business of any employment or
intelligence office, shall be forfeited.
Suits.
Sec. 17. All claims or suits brought in any court against any
employment or intelligence agent, may be brought in the name of
the party injured upon the bond deposited with the city, town or
county treasurer by said employment or intelligence agent, as pro­
vided in section 4, and may be transferred, as other claims, for
damage in civil suits; the amount of damages claimed by the
plaintiff, not the penalty named in the bond, shall be the test of
the jurisdiction of the court in which the action is brought.
Exemptions.
Sec. 18. Nothing herein shall be construed so as to require any
religious or charitable association which may assist in procuring
situations or employment for persons seeking the same, to obtain
a license so to do under the provisions of this act.
L
tad t0 1)6 ®EC*
Tlie keePer of an employment or intelligence office shall
pos ea.
cause two copies of sections 7 to 10 inclusive and sections 13 to 16




LABOR LAWS----UTAH----ACTS OF 1900.

2129

inclusive of tliis act, printed in type of sufficient size to be legible
and easily read, to be conspicuously posted in each room used or
occupied for the purpose of such employment or intelligence office.
Chapter 52.—Employment of labor—Foremen, etc., accepting fees.
S ection 1. Any superintendent, foreman, assistant, boss, or any
Accepting
other person, or persons, who shall receive or solicit, or cause to fees prohibited,
be received, or solicited, any sum of money or other valuable con­
sideration, from any person for or on account of the employment,
or the continuing of the employment of such person, or of any
one else, shall be deemed guilty of a misdemeanor.

Chapter 80.—Alien labor—Preference of citizens for employment
on public works.
Section 1. In employing workmen in or on the construction of Who to he
public works by the State, county or municipality or by persons preferred,
contracting with the State, county, or municipality, preference
shall be given citizens of the United States, or those having de­
clared their intentions of becoming citizens. In each contract for
the construction of public works the provisions shall be inserted
to the effect that if the provisions of this section are not complied
with the contract shall be void.
ACTS OF 1911.
C h a p t e r 74.—Coercion of workmen, ctc.—Joining unions.
S e c tio n 1. It shall be unlawful for any person to exact by Coercion, etc.,
threat, or coercion, any money, tribute or support whatsoever, forbidden,
from any person; or to induce him by threats, or coercion, to join
any organization.
Sec. 2. Any person violating any of the provisions in this act Violations,
shall be guilty of a misdemeanor: Provided, That any person who
commonly practices, or who follows the occupation of exacting
money, tribute or support from any person by means of threats, or
coercion, for any purpose whatsoever, shall be deemed a common
vagrant and punished accordingly.

Chapter 106.—Employment of women and children in barrooms,
etc.—Sale of intoxicants near construction camps.
Section 23. No holder of a license for the sale at retail of in- Employment
toxicating liquors shall employ any person under the age o f of minors*
twenty-one years to serve such liquors to be drunk on the premises.
Sec. 24. No person, partnership or corporation shall employ a Employment
minor under the age of twenty-one years in handling i n t o x i c a t i n g in b re w e rie s,
liquors or packages containing such liquors in a brewery or bot- etc*
tling establishment, in which such liquors are prepared for sale
or offered for sale.
S ec. 28. The licensed premises shall be conducted in a quiet,
Employment
orderly manner ; * * * no female shall be employed in t h e of females,
place; * * *
Sec. 41. It shall be unlawful for the board of county commis- Granting li­
steners of any county in this State to grant a license to any person cense unlawful,
to sell, barter, exchange, give away or otherwise furnish malt,
spirituous or vinous liquors within five miles of any camp or as­
sembly of men engaged in the construction or repair of any rail­
road, canal, reservoir, public work, or other kindred enterprise,
where twenty-five or more men are employed.
Chapter 113.—Bureau of immigration, labor, and statistics.
S e c tio n 1. A State bureau of immigration, labor and statistics Bureau creis hereby created and established and said bureau shall be under ated*
the control of a commissioner.
39387°—Bull. 148, pt 2—14------58




2130

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

Commissioner
and deputies.

S ec . 2 (as amended by chapter 76, Acts of 1913). It shall be the

Q
f
governor, by and with the consent of the senate to
appoint a competent person a commissioner of immigration, labor
and statistics, who shall have charge of said bureau, and who
shall hold office for a term of two years or until his successor
shall have qualified. He shall receive a salary of eighteen hun­
dred dollars per annum, and all necessary and traveling expenses
not exceeding five hundred dollars per annum while traveling in
the discharge of his official duties; the commissioner shall have
power to appoint two deputy commissioners, one of whom shall be
a woman, and they shall receive a salary each of eight hundred
dollars per annum; the commissioner shall appoint one of said
deputies as the chief clerk of said bureau; (,) who shall receive
an additional salary of six hundred dollars per annum; the
salaries of the commissioner and deputy commissioners shall be
paid as are the salaries of and fees of other State officers; before
entering upon the duties of his office the commissioner shall take
oath for faithful discharge of the duties thereof, the same as other
State officers.
Duties.
S ec . 3. It shall be, and is hereby made, the duty of said com­
missioner to collect and compile and present in annual reports to
the governor all reliable data and information at his command,
concerning * * * the wages and hours of labor, both skilled
and common, and its relation to capital; * * *.
of ^abor^iaws* Sec* ^ (as amended by chapter 76, Acts of 1913). It shall be the
*duty of the commissioner and his deputies to investigate and re­
port to the proper authorities all violations of law regarding the
conditions surrounding the employment of children, minors and
women and the laws established for the protection of all employees
in factories, mines, mills, and other institutions where labor is
employed, and to make such recommendation in relation thereto
as they may deem proper for the protection of em ployees; in case
any owner or occupant, or their agent, shall refuse to admit any
officer of said bureau to their workshop or factory, mine or smelter,
store or hotel, when open or in operation, or shall refuse to
submit their payroll or register showing the number of hours each
employee works, or shall w illfully give false information concern­
ing the same, they shall be deemed guilty of a misdemeanor for
each and every offense, and upon conviction thereof shall be sub­
ject to a fine of not more than fifty dollars, nor less than ten dol­
lars, or by imprisonment not to exceed fifteen days, or by both
fine and imprisonment.
1 n v e s t i g a - Sec. 5. With the approval of the State board of examiners, said
e c.
commissioner is authorized and empowered to do any and all
things necessary to make a full and complete investigation of
the matters and things hereinabove enumerated and to that end
to employ the necessary clerical assistance, and to provide the
necessary office room, stationery, printing, blank forms and other
incidental matters required to carry into effect the provisions of
this act.
C h a p t e r 133.—Employment of women—Hours of labor.
F ifty - f o u r
S ec t io n 1. No female shall be employed in any manufacturing,hours
p e r mechanical, or mercantile establishment, laundry, hotel, or restau-

w

*

rant, or telegraph or telephone establishment, hospital or office, or
by any express or transportation company in this State, more than
nine hours during any one day, or more than fifty-four hours in
any one week, except in cases of emergency in hospitals and in
cases of emergency or where life or property is in imminent dan­
ger or where materials are liable to spoil by the enforcement of
this act.
Violations.
Sec. 2. Any person or persons, corporation or other association
engaged in conducting or operating any of the business institutions
or enterprises set forth in the foregoing section, requiring or em­
ploying any female to work longer than the period of nine hours
constituting a day’s labor, except as above provided, or more than




LABOR LAWS----UTAH----ACTS OF 1911.

2131

fifty-four hours in any one week shall be guilty of a misdemeanor,
and, upon conviction thereof shall be fined not less than twentyfive dollars nor more than one hundred dollars, and costs of
prosecution.
C

hapter

144.—Employment of children— General provisions.

S ection 1. No child under the age of fourteen years shall be
Age limit,
employed, permitted or suffered to work in any capacity in, about
or in connection with the preparing of any composition in which
dangerous or poisonous acids are used—manufacture of paints, D a n g e r o u s ,
colors or white lead; manufacturing, packing or storing powder, mentsm p l ° y"
dynamite, nitroglycerine compounds, fuses or other explosives;
manufacture of goods for immoral purposes; nor in any quarry,
any mine, coal breaker, laundry, tobacco warehouse, cigar factory,
or other factory where tobacco is manufactured or prepared; dis­
tillery, brewery or any other establishment where malt or alco­
holic liquors are manufactured, packed, wrapped or bottled; the­
ater, concert hall, nor saloon, nor in operating any automobile,
motor car or truck; in the running or management of elevators,
lifts or hoisting m achines; nor in bowling alleys, nor in any other
employment declared by the State board of health to be dangerous
to lives or limbs, or injurious to the health or morals of children
under the age of fourteen.
S ec. 2. An employment certificate shall be issued only by the
Certificates,
superintendent of schools or by a person authorized by him in
writing, or, where there is no superintendent of schools, by a
person authorized by the school board: Provided, That no mem­
ber of a school board or other person authorized as aforesaid shall
have the authority to issue such certificate for any child then in or
about to enter such person’s own employment or the employment
of a firm or corporation of which he is a member, officer or em­
ployee: Provided, That no such certificate shall be issued until
the person issuing the same shall have received, examined and
approved the school record of such child.
S ec. 3. No employment certificate shall be issued until the child
issue,
in question has personally appeared before and been examined by
the officer issuing the certificate, nor until such officer, after
making such examination, has signed and filed in his office a state­
ment that the child can read and legibly write simple sentences in
the English language.
S ec . 4. The school record required by this act shall be signed
School r e c by the principal or chief executive officer of the school which such ords*
child has attended, and shall be furnished on demand .to a child
entitled thereto.
It shall contain a statement certifying that the child has at­
tended the public schools or parochial schools equivalent thereto
for not less than one hundred days during the year previous to
his arriving at the age of fourteen years, or during the year pre­
vious to applying for such school record, and is able to read and
write simple sentences in the English language.
Sec. 5. Any authorized inspector or the truant officer shall make Power of indemand on any employer in or about whose place or establishment spectors.
a child apparently under the age of fourteen years is employed
or permitted or suffered to work, and require such employer to
furnish him within ten days satisfactory evidence that such child
is in fact over fourteen years of age, or shall cease to employ or
permit or suffer such child to work in such factory.
S ec. 6. No female under the age of twenty-one years shall be
Employment
employed, permitted or suffered to work in, about or in connec-°f females in
tion with any restaurant, resort or place of amusement where saloons» etc:
alcoholic liquors are manufactured or dispensed.
S ec. 7. In cities of the first or second class no person under the
Messengers,
age of twenty-one years shall be employed or permitted to work
as a messenger for a telegraph or a messenger company in the dis­
tribution, transmission or delivery of goods or messages before 5
o’clock in the morning or after 9 o’clock in the evening of the day. Nightwork.




2132

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

immoral r e- And no person under the age of twenty-one years shall be per­

sons.

mitted to deliver messages or goods to, or required to visit, in the
course of any employment, any house of ill repute, or saloon, or
gambling house, or other places of objectionable character which
have been disapproved by the juvenile court.
Hours of las e c . 8. No boy under the age of fourteen years and no girl
dren.
°
under the age of sixteen years shall be employed, permitted or
suffered to work at any gainful occupation other than domestic
service, fruit or vegetable packing or work on a farm more than
fifty-four hours in any one week.
Street trades. sec. 9# -$0 maie child under twelve and no girl under sixteen
years of age shall, in any city of the first or second class, 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 twelve years of age.
st fLtrrtradea°r ®EC* ^ • male chM under sixteen years of age shall sell or
No
r
* expose or offer for sale in any street or public place any of the
articles mentioned in section 9 or work as a bootblack therein,
unless a permit as hereinafter provided shall have been issued to
him by the superintendent of schools or by a person authorized
by him in writing, or, where there is no superintendent of
schools, by a person authorized by the school board on the appli­
cation of the parent, guardian or other person having the cus­
tody of the child desiring such permit or in case said child has no
parent, guardian or custodian, then on the application of his
next friend, being an adult. Such permit shall not be issued until
the officer issuing the same shall have received, examined, ap­
proved and placed on file in his office satisfactory proof that such
male child is of the age of twelve years or upwards, and shall
also have received, examined and placed on file the written state­
ment of the principal or chief executive officer of the school
which the child is attending, stating that such child is an attend­
ant at such school, that he is of the normal development of a child
of his age and physically fit for such employment, and that said
principal or chief executive officer approves the granting of a per­
mit to such child.
Contents of s EC. n . Such permit shall state the name and address of its
permit.
parent, guardian, custodian or next friend, as the case may be,
and shall describe the color of the hair and eyes, the height and
weight and any distinguishing facial mark of such child.
Nightwork.
Sec. 12. No child to whom a permit is issued as provided for in
section 10 of this act shall work as a bootblack, sell or expose
or offer for sale any newspapers, magazines, periodicals or other
merchandise in any street or public place after 9 o’clock in the
evening.
Evidence.
S ec. 13. In case any employer shall fail to produce and deliver
to an authorized inspector or truant officer, within ten days after
demand made pursuant to section 2 of this act, the evidence of
age therein required, and shall thereafter continue to employ
such child or permit or suffer such child to work in such place
or establishment, proof of the giving of such notice and of such
failure to produce and file such evidence shall be prima facie
evidence of the illegal employment of such child in any prosecu­
tion brought therefor.
Violations.
S ec. 14. Whoever employs any child, and whoever having under
his control as a parent, guardian or otherwise, any child, permits
or suffers such child to be employed or to work in violation of
any of the provisions of this act, shall for such offense be fined
not less than twenty-five dollars nor more than two hundred
dollars, or be imprisoned for not less than ten days nor more
than thirty days, or both, in the discretion of the court.
Jurisdiction
S ec . 15. The juvenile court or courts of like jurisdiction of the
of courts.
state of Utah is [are] hereby given jurisdiction in all cases
arising under this act.




LABOR LAWS----UTAH----ACTS OF 1913.

2133

ACTS OF 1913.
C h apter

63.—Employment of females—Minimum wages.

S e c t i o n 1. It shall be unlawful for any regular employer of
Mi ni mu m
female workers in the State of Utah to pay any woman [female] wageless than the wage in this section specified, to w it:
For minors, under the age of eighteen years, not less than sev- Schedule,
enty-five cents per day; for adult learners and apprentices not
less than ninety cents per d a y : Provided, That the learning period
or apprenticeship shall not extend for more than one year; for
adults who are experienced in the work they are employed to per­
form, not less than one dollar and twenty-five cents per day.
Sec. 2. All regular employers of female workers shall give a certificate of
certificate of apprenticeship for time served to all apprentices.
apprenticeship.
S ec. 3. Any regular employer of female workers who shall pay
violations,
to any woman [female] less than the wage specified in section 1
of this act shall be guilty of a misdemeanor.
Sec. 4. The commissioner of immigration, labor and statistics Enforcement,
shall have general charge of the enforcement of this act, but viola­
tions of the same shall be prosecuted by all the city, State and
county prosecuting officers in the same manner as in other cases
of misdemeanor.
C h apter

90.—Mothers' pensions—Aid for dependent children.

S e c t i o n 1. It shall be the duty of the county commissioners of
Funds,
each county in this State, and they are hereby authorized and em­
powered to provide funds in an amount sufficient to meet the pur­
poses of this law, but not exceeding in any one year the sum of
ten thousand dollars, such funds to be expended for the partial
support of mothers who are dependent upon their own efforts
for the maintenance of their children.
Sec. 2. The allowance to each of such mothers shall not exceed Amount of
ten dollars a month when she has but one child under the age of allowance,
fifteen years and if she has more than one child under the age of
fifteen years, it shall not exceed the sum of ten dollars a month
for the first child and five dollars a month for each of the other
children under the age of fifteen years.
Sec. 3. Such allowance shall be made by the county commis- A d m in is tra sioners, except in counties having a population of one hundred tionand twenty-five thousand or more, the authority, power and duty
of determining upon allowance to be made under the provisions of
this act shall devolve upon and be exercised by the juvenile judge
of the district in and for such counties. Such allowance shall be Conditions,
made only upon the following conditions:
(1) The child or children for whose benefit the allowance is
made must be living with the mother of such child or children;
(2) The allowance shall be made only when in the absence of
such allowance a mother would be required to work regularly
away from her home and children, and when by means of such
allowance she will be able to remain at home with her children;
(3 ) The mother must, in the judgement .[judgment] of the
county commissioners or juvenile court, be a proper person mor­
ally, physically and mentally, for the bringing up of her chil­
dren. [;]
(4) Such allowance shall, in the judgement [judgment] of the
county commissioners or juvenile court be necessary to save the
child or children from neglect;
( 5 ) 'No persons [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 mak­
ing of such applica- [sic] need of such allowance.
Sec. 4. Whenever any child shall reach the age of fifteen years, D iscon tinuany allowance made the mother of such child for the benefit of ance*
such child shall cease. The county commissioners or juvenile




2134

BULLETIN OF THE BUREAU OF LABOB STATISTICS.

court may, in their discretion, at any time before such child
reaches the age of fifteen years, discontinue or modify the allow­
ance to any mother and for any child.
Selection.
Sec. 5. Should the fund herein authorized be sufficient to per­
mit an allowance to only a part of the persons coming within the
provisions of this law. the county commissioners or juvenile court
shall select those cases in most urgent need of such allowance.
Sec. 6. The provisions of this law shall not apply to any
Law applies,
when.
mother who is not dependent upon her own efforts for the main­
tenance of her children.
Sec. 7. Any person procuring, or attempting to procure, an
False repre­
sentations.
allowance for a person not entitled thereto, shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be
punished as now provided by law for punishment in case of
misdemeanors.
S ec. 8. In each case where an allowance is made to any mother
Review.
under the provisions of this act, an entry to that effect shall be
entered upon the records of the county commissioners or the
juvenile court making such allowance, and it shall be the right
of any taxpaying citizen at any time to file a motion to set aside
such allowance; and on such motion the county commissioners or
juvenile court shall hear evidence, and may make a new order
granting or refusing such allowance.
Sec. 9. In each case where an allowance is made or refused
Appeal.
to any mother, under the provisions of this act, by the county
commissioners or juvenile court, an appeal may be taken from
such decision by any taxpaying citizen, or by the applicant for
an allowance; such appeal shall be subject to the same provisions
of law as in case of appeal from justices courts.




VERMONT.
PUBLIC STATUTES—1906.
Employment of children— General provisions.
S e c t io n 1044 (as amended by act N o. 75, Acts of 1912). A child
Employment
under sixteen years of age, who has not completed the course of jj^en 1b 11 ea*
study prepared for the elementary schools by the superintendent
of education, shall not be employed in work connected with rail­
roading, mining, manufacturing, or quarrying, or be employed in
a hotel or bowling alley, or in delivering messages, except during
vacation and before and after school. No child shall be employed
in any of the occupations or industries herein enumerated un­
less such child deposits with his employer a certificate from the Employment
town or union superintendent to the effect that he is eligible to certificate,
employment in accordance with the provisions of this chapter;
and no child under sixteen years of age shall be employed for n o u rs of laniore than nine hours each day, or more than fifty hours in a n y t>or*
one week or earlier than seven o’clock in the morning, or after
eight o’clock at night in any of the occupations or industries Nightwork.
herein enumerated. In case such child has been in attendance
npon a private or parochial school, said superintendent may ex­
amine such child for the purpose of determining his eligibility
to employment in accordance with this section.
S ec . 1045 (as amended by act No. 75, Acts of 1912). The town Enforcement,
or union superintendent or truant officer may inquire of the owner
or superintendent of a mill, factory, quarry, workshop, hotel,
bowling alley, or railroad office, shop or yards, as to the employ­
ment of children therein, may call for the production of certifi­
cates deposited with such owner or superintendent, and satisfy
himself that the requirements of law have been complied with.
Said superintendent shall at least three times, during any school
year, inquire and investigate concerning the employment of chil­
dren in any of the occupations enumerated in this act [sections
1044-1048] and shall require the provisions of the law to be car­
ried into effect.
S ec. 1046 (as amended by act No. 75, Acts of 1912). No child Employments
under fourteen years of age shall be employed, permitted or suf- Prohlbltedfered to work for or in or about or in connection with any mill,
factory, quarry or workshop, wherein are employed more than ten
persons.
S ec . 1047. No person having a child under his control shall allow
Acts of parhim to be employed contrary to the provisions of this chapter, ents, etc.
S ec . 1048 (as amended by act No. 70, Acts of 1910). A person
violations,
who violates a provision of chapter 50 [sections 1044-1050] of
the Public Statutes or of this act shall be fined not less than five
dollars nor more than two hundred dollars for each offense, and
upon a second conviction, may be so fined or imprisoned for not
more than six months.

Exemption of wages from garnishment—Assignments.
S ec t io n 1666. * * * Nor shall a person be adjudged a
W hat wages
trustee by reason of wages or compensation due the principal are exempt,
debtor, for work and labor performed by him in person after the
service of the trustee process upon the trustee; and no earnings
of a minor or married woman shall be subject to the trustee
process in a suit against the parent of such minor or husband of
such married woman; nor shall a corporation be adjudged a
2135




2136

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

trustee by reason of any money due from it to a person residing
without the State, for services rendered without the State, pro­
vided a like sum of money so due would be exempt from attach­
ment by trustee process in the State where such person resides.
exemof6 ^ehts Sec. 1667. In all cases where a principal defendant is indebted
to other persons for work done in the performance of a contract
out of which the trustee’s indebtedness arises, there shall be
exempt from the trustee process, on suit brought for the recovery
of debts not incurred as above stated, such sum or sums as may
be due from said principal defendant to such other persons for
work done in the prosecution of such contract; and said princi­
pal defendant shall cause to be summoned as claimants before
the court in which a suit so brought is pending, all such other
persons to whom he is indebted for work so done.
Assignments
S ec . 1668. No assignment of future earnings shall be valid
to be recorded. against trustee process unless executed in writing, or unless made
to secure a debt of an amount stated in the assignment contracted
prior to or simultaneously with the execution of the assignment,
or a debt for necessaries thereafter to be furnished to the debtor
to an amount stated in the assignment, or unless such assignment
is recorded in the office of the clerk of the town in which the as­
signor resides before the service of the writ upon the alleged
trustee.
Wages as preferred claims—In insolvency.
Order of payS ectio n 2513. * * * In the order for dividends under this
m ent of de- chapter, the following claims shall be entitled to priority, and be
mands.
p a id -n tl]ie f0n0wing order:

I. The fees, costs and expenses of suits, and the several proceed­
ings in insolvency under this chapter, and for the care and custody
of property as herein provided.
II. Debts due the United States, and taxes and assessments un­
der the laws thereof.
III. Debts due the State, and taxes and assessments under the
laws thereof.
IV. Wages due an employee, clerk or house servant, to an
amount not exceeding fifty dollars, for labor performed within
six months preceding the date of the adjudication.
Payment of wages.
S ec t io n 2699. The word “ employee,” as used in the four follow­
ing sections, shall mean a mechanic, workingman or laborer who
works for hire.
Weekly p a y
Sec. 2700. A mining, quarrying, manufacturing, mercantile, tele­
daygraph, telephone, railroad or other transportation corporation, and
an incorporated express, water, electric light or power company,
doing and transacting business within the State, shall pay each
week, in lawful money, each employee engaged in the business, the
wages earned by such employee to a day not more than six days
prior to the date of such payment: Provided, That, if at any time
of payment an employee is absent from his regular place of labor,
lie shall be entitled to such payment upon demand.
Scrip, etc.
S ec . 2701. No such corporation shall pay its employees in script
[scrip], vouchers, duebills, or store orders, except it be a coopera­
tive corporation in which the employee is a stockholder; but such
cooperative corporation shall, upon request of any such share­
holding employee pay him as provided in the preceding section.
Assignments
Sec. 2702. No assignment of future wages payable under the
V0ld*
provisions of the second preceding section shall be valid, if made
to the corporation from whom such wages are to become due, or to
anyone in behalf of such corporation, or if made or procured to be
made to anyone for the purpose of relieving such corporation from
the obligation to pay under the provisions of the second preceding
section, No sucb corporation shall require an agreement from an

Definition.



LABOR LAWS--- VERMONT--- PUBLIC STATUTES----1906.
employee to accept wages at any other period as a condition of
employment.
S ec . 2703. Such a corporation, its lessee, or other person carrying on the business thereof, that fails to pay the wages of an em­
ployee as provided by the second and third preceding sections
shall forfeit to the State fifty dollars for each such failure, to be
recovered in an action on this statute by the State’s attorney of
the county in which such violation occurs, and in his name; but
an action shall not be maintained therefor, until the State’s attor­
ney has given the employer ten djays’ notice in writing that such
action will be brought if the wages are not paid as prodded by
such sections.

2137

Violations,

The above sections were held to be constitutional in an action against
a railroad company. 67 Atl. Rep. 1091.

Sec. 2704. A person, partnership or corporation using checks, checks to be
other than bank checks, slips, duebills, or other device to repre- redeemed,
sent money in the payment of wages or other debt or obligation
due an employee or servant of such person, partnership or corpora­
tion, shall pay the face value thereof to the holder in money of
account, on the regular pay day of such person, partnership or
corporation; and such obligations shall be redeemable at intervals
of not more than one month. If such employee or servant is dis­
charged during the month, such checks, slips, duebills or other
device shall be redeemed at their face value in money of account
on the day of his discharge.
Sec. 2705. A person, partnership or corporation refusing to re- Refusal,
deem such obligations, as provided in the preceding section, shall
forfeit to the person injured twice the value thereof, to be re­
covered in an action on this statute.
Railroads—Safety appliances.
S e c t i o n 4462. All single track railroad bridges in this State
Height, etc.,
* * * shall, when built or rebuilt, be hereafter so constructed of bridges,
as to leave a clear space of not less than fifteen feet between the
inner sides of such bridges, and also a clear space of not less than
twenty-two feet from the lowest timbers, boards or irons in the
covering of such bridges, and the top of the rails under the sam e;
and, in all double track bridges, the clear space of inside width
shall not be less than twenty-seven feet. All overhead highway
bridges, wires, ropes or other obstructions shall be not less than
twenty-two feet above the top of the rails under the same.
S ec. 4463. A person or corporation operating a railroad or a Telltales,
part of a railroad in this State shall place at the approaches of
all its bridges, the highway bridges and all other structures of
whatever kind or nature which cover or extend over its tracks
that do not leave a clear height of twenty-two feet from the top
of the rails and lowest parts of such bridges or other structures
directly over such rails, such telltale warnings, or other safety
devices of uniform pattern for warning trainmen of their ap­
proach thereto, as shall be recommended by the board of railroad
commissioners.
Sec. 4464. A person or corporation operating a railroad or a
B lo c k in g
part of a railroad in this State shall, at all times, keep the frogs, frogs, etc.
switches and guard rails on its tracks, with the exception of
guard rails upon bridges, filled or blocked with a wooden block or
wedge, so as to prevent the feet of its employees from being
caught therein.
Sec. 4465. No person or corporation operating a railroad or a Ladders on
part of a railroad in this State shall run cars of their own with cars,
ladders or steps to the top of the same, on the sides of such cars,
but such ladders or steps shall be on the end or inside of the cars.
S ec . 4466. If a person or corporation fails to comply with a pro- Penalty,
vision of the four preceding sections, such person or corporation
shall forfeit fifty dollars for every day’s neglect, and be liable for




2138

BULLETIN OP THE BUREAU OP LABOR STATISTICS.

the damages and injuries to passengers and employees on its
roads, resulting from such neglect.
Enforcement.
S ec . 4467. Such penalty may be enforced by an action on the
case in the name of the State, and the State’s attorney of the
county where the offense is committed shall prosecute the same,
upon notice thereof from the board of railroad commissioners.
An injured employee can not recover under th is sta tu te if his injuries
resulted from negligence of his own combined w ith failure of the railroad
company to comply w ith the law. 47 Atl. Rep. 827.
A contract w ith a n employee or w ith his next of kin w aiving the right
of action for damages which may arise from injuries received while in the
service of a railroad company will not protect a company th a t fails to
comply w ith the provisions of th is law. 51 Atl. Rep. 6.
Power brakes.

Penalty.

Sec. 4495 (as amended by act No. 104, Acts of 1908). All rail­
road passenger trains shall be provided with brakes operated from
the engine by the engineer.
Sec. 4496. A person or corporation not complying with the pro­
visions of * * * [section 4495] shall be fined fifty dollars for
every violation thereof, and shall be liable for the damages and
injuries to passengers and employees on its road resulting from
such neglect.
Railroads— Use of intoxicants by employees—Negligence.

Persons who
S e c t io n 4508. If a railroad corporation employs or retains in its
use intoxicants service a conductor, engineer, brakeman, switchman, semaphore
pfoyed*
em’ or other signalman, train dispatcher, telegraph operator who re­

ceives train orders, motorman, or operator of an electric car, who
uses intoxicating liquors as a beverage, such fact being known
to the president, superintendent or any of the directors of such
road, such corporation shall be fined not more than three thou­
sand dollars nor less than three hundred dollars, and shall also
be liable for the damages which a person sustains by the employ­
ment or retention of such employee.
Penalty.
S ec . 4507. A person named in the preceding section who, while
in control of the movement of an engine, train, electric car or
semaphore, or while engaged in the discharge of any duty relating
to his employment, is intoxicated, shall be imprisoned in the
State prison not more than one year or fined not more than five
hundred dollars.
Negligence Sec. 4508. An engineer, fireman or other agent of a railroad who
causing injury, is guilty of negligence or carelessness, whereby an injury is done
to a person or corporation, shall be imprisoned not more than one
year or fined not more than one thousand dollars. This section
shall not exempt a person or corporation from an action for
damages.
Railroads—Inspection—Accidents.
S ec t io n 4602. Said board [of railroad commissioners]1 shall
have general supervision of all railroads within this State,
whether operated by steam, electricity or any other power, and of
the corporations, receivers, trustees, directors, lessees and other
persons owning or operating the same, so far as may be necessary
to enable it to perform the duties and exercise the powers con­
ferred upon it. It shall, at least once annually, examine the
roadbed, bridges, depots, rolling stock and equipment of every
railroad in the State, and shall, by examinations and investiga­
tions, keep itself informed as to the condition, manner of opera­
tion and safety of all railroads, and shall see that they comply
with the provisions of their charters and the laws of this State.
Accidents to 8®°* 4608. Tlle general superintendent or manager of a railroad
be reported.
doing business in this State shall inform said board in writing of
every accident upon his road, resulting in loss of life or injury to
any person, and of every collision and derailment of trains on the
Inspection.




lrrhe name of the board of railroad commissioners w as changed by act
No. 116, Acts of 1908, to public service commission.

LABOR LAWS— VERMONT----PUBLIC STATUTES----1906.

21S9

same, immediately after its occurrence. If such accident results
in loss of life or serious injury to the person of a passenger, such
information shall be given by telegraph..
Sec. 4609. Said board shall inquire into the cause of every ac- Inquiries,
cident on a railroad resulting in loss of life, and, in its judgment,
into any accident, collision or derailment of trains not so re­
sulting. If, in its judgment, a public investigation is necessary in
the interests of public safety, it shall fix a time and place of hold­
ing the same and shall summon the person or corporation operat­
ing such railroad, the parties known to have been injured in the
accident, and, if known, a representative or friend of a person
killed thereby, to appear and give evidence regarding the cause
of such accident. Said board shall also notify the State’s attor­
ney of the county in which the accident occurred, who shall
investigate the cause of such accident, produce witnesses who can
give evidence in regard to the same, and attend and represent
the State at such hearing. All parties summoned, and other per­
sons interested, may appear and be made parties thereto, may
produce witnesses or other evidence, and be represented by coun­
sel. The person or corporation operating the railroad shall pro­
duce, on notice from said board, all trainmen and other employees
who can give pertinent evidence in regard to the cause of the
accident, free of expense to the State. Said board shall make
public its determination in regard to the cause of the accident so
investigated, and cause a permanent record thereof to be made.
Sec. 4611. * * * Said board shall have jurisdiction on due P o w e r o f
notice to hear, determine, render judgment, , and make orders a n d board,
decrees in all matters provided for in the charter of any railroad
corporation, or in the statutes of this State relating to railroads,
and shall have like jurisdiction in all matters respecting:
*

*

*

*

*

V.
The maintenance of the tracks, frogs, switches, gates, signals,
culverts, bridges and other structures of wood or iron over open­
ings, and rolling stock and equipment so as to accommodate the
public and be operated with safety and in compliance with law.
*
*
*
*
*
Employment of women and children in 'barrooms.
S ec t io n 5130. Licenses shall be subject to the following conEmployment
ditions:
forbidden.
*
*
*
*
*
That no female, or person under the age of twenty-one, shall
be employed in such barroom.
*

*

*

*

*

Sale of intoxicants to employees, etc.—Actions for damages.
Section 5219. * * * [An] employer or other person who is
E m p lo y e rs
injured in person, property or means of support by an intoxicated may sue> when*
person, or in consequence of the intoxication of any person, shall
have a right of action in his or her own name, jointly or severally,
against a person or persons, who, by selling or furnishing in­
toxicating liquor, have caused in whole or in part such intoxica­
tion. If such intoxicating liquor was sold or furnished to such
person in a rented building, and the owner of such building, or
his agent in charge thereof, knew or had reason to know that
intoxicating liquor was sold or kept for sale by his tenant in such
building contrary to law, said owner may be joined as defendant
in such action, and judgment therein may be rendered against
him. Upon the death of either party, the action and right of
action shall survive to or against his executor or administrator.
The party injured or his legal representatives may bring either a
joint action against the person intoxicated and the person or per


2140

BULLETIN OF THE BUREAU OF LABOK STATISTICS.

sons who furnished the liquor and the owner of the building, or
a separate action against either or any of them.
May give no- S ec . 5225. The * * * employer of a person may, in writing,
tice.
notify a board of license commissioners to forbid the sale or fur­
nishing of intoxicating liquors to such person.
Fire cscapes on factories, etc.
Fire escapes
S ection 5512. The owner or lessee of a building, factory, mill
required.
or workshop m0re than two stories high, in which persons are

employed above the second story, shall provide suitable ladders
or other safe fire escapes for the safety of patrons and occupants
of such buildings.
S ec . 5513. An owner, keeper or lessee of a place mentioned
* * * who fails to comply with a provision thereof [in this
act] shall be fined not more than four hundred dollars nor less
than twenty-five dollars.

renalty.

Smoking in factories, ctc.
Smoking an
S e c t io n 5515. A person who smokes a pipe, cigar or cigarette
offense, w en. in a
factory, barn, stable or other outbuilding belonging to

or occupied by another person, in which a notice containing this
section, prohibiting such smoking, signed by the owner, agent or
occupant of the same is posted conspicuously near the main
entrance thereof, shall be fined not more than five dollars.
Intimidation of employees.
P r e v e n tin g
S e c tio n 586S. A person who threatens violence or injury to anempioyment.
other person with intent to prevent his employment in a mill,

manufactory, shop, quarry, mine, railroad or other occupation
shall be imprisoned not more than three months or fined not more
than one hundred dollars.
Stopping
S ec. 5869. A person who, by threats, intimidation or by force,
wor *
alone or in combination with others, affrights, drives away or
prevents another person from accepting, undertaking or prose­
cuting such employment, with intent to prevent the prosecution of
work in such mill, shop, manufactory, mine, quarry, railroad or
other occupation, shall be imprisoned in the State prison not more
than five years or fined not more than five hundred dollars.
A count charged conspiracy to hinder and prevent by violence, threats,
and intim idation the employment and detention by a company of certain
em ployees; also conspiracy to terrify and drive away workmen by threats,
w ith malicious inten t to injure said com pany; also th rea ts to publish the
names of employees in the “ scab ” list of a trade journal, thus putting
them in fear and driving them away. Held, th a t these counts sufficiently
charged an offense under the above sections. 59 Vt. 273.

Sunday labor.
Sunday laS e c tio n 5955. A person who, between twelve o’clock Saturday
bor forbidden, night and twelve o’clock the following Sunday night, exercises

any business or employment, except works of necessity and
charity, * * * shall be fined not more than two dollars.
Working on Sunday in violation of this sta tu te is not contributory
negligence, and the liability of an employer is not modified by the fact
th a t an injured employee was so working a t the tim e he received his in­
jury. 47 Atl. Rep. 169.
Running

of

trains.




Sec. 5956. The board of railroad commissioners may authorize
the running upon any railroad of such through trains on Sunday
as, in the opinion of said board, the public necessity and con­
venience may require, having regard to the due observance of the
day.

LABOR LAWS— VERMONT— ACTS OF 1908, 1910.

2141

ACTS OF 1003.
A ct N o. 116.—Accidents on railroads, ctc.—Reports and invcsti-

gations.
S e c tio n 7. The superintendent or manager of any line or plant,
Reports t o
subject to supervision under this act, [relative to public service1 required,
*3
corporations, etc.,] shall immediately after its occurrence notify
said [public service] commission in writing of any accident within
this State upon such line or plant resulting in loss of life, or
injury to any person which shall incapacitate him from engaging
in his usual vocations. Said commission shall Inquire into the
cause of every such accident, and if, in its judgment, a public
investigation is necessary, it shall fix a time and place of holding
the same, and thereupon proceed as provided in section 4609 of
the Public Statutes relating to investigation of accidents upon
railroads.

ACTS OF 1910.
#

No. 69.—Employment of children—Certificate.
S ection 4 (as amended by act No. 75, Acts of 1 9 1 2 ). A person
Evidence of
having control of a child and
* * * seeking an employment age.
certificate for such child, shall, when required by the town or
union superintendent, or by an employer, furnish evidence of the
age of such child.

No. 70.—Employment of children.
Section 2. No child under the age of sixteen years shall be emOccupations
ployed, permitted or suffered to work at any of the following occu- forbidden,
pations or in any of the following positions: sewing machine belts
in any workshop or factory, or assisting therein in any capacity
w hatever; adjusting any belt to any machinery; oiling, wiping or
cleaning machinery or assisting therein; operating circular or
band saws, wood1 shapers, wood joiners, planers, sandpaper or
wood-polishing machinery, picker machines, machines used in
picking wool, machines used in picking cotton, machines used in
picking hair, machines used in picking any upholstering material,
paper-lacing machines, leather-burnishing machines, burnishing
machines in any tannery or leather manufactory, job or cylinder
printing presses operated by power other than foot power, emery
or polishing wheels used for polishing metal, wood turning or bor­
ing machinery, stamping machines usedi in sheet-metal and tin­
ware manufacturing, stamping machines used in washer and nut
factories, corrugating rolls, such as are used in roofing and wash­
board factories, steam boilers, steam machinery, or other steam
generating apparatus, dough brakes, or cracker machinery of any
description, wood or iron straightening machinery, rolling mill
machinery, punches or shears, washing, grinding or mixing mills,
calender rolls in rubber manufacturing, or laundering machinery;
preparing any composition in which dangerous or poisonous acids
are used; manufacture of paints, colors or white lead; cigar
factory, or other factory where tobacco is manufactured or pre­
pared.
S ec. 3. Females under the age of eighteen years shall not be
Employment
employed, permitted or suffered to work in any capacity w hereof sirlssuch employment compels them to remain standing constantly.
Every person who shall employ any female under the age of
eighteen in any place or establishment mentioned in section one
shall provide suitable seats, chairs or benches for the use of the Seats,
females so employed, which shall be so placed as to be accessible
to said em ployees; and shall permit the use of such seats, chairs or
benches by them when they are not necessarily engaged in the
active duties for which they are employed, and there shall be pro­
vided at least one chair to every three females.




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BULLETIN OF THE BUREAU OF LABOR STATISTICS.

Statem ent by s Ec. 4. An employer may and upon written request of the town
parents, etc.
or
grand juror, the State’s attorney or the attorney general,

shall require the parent, guardian or custodian of any minor in his
employ to sign and furnish a certificate showing when and where
such minor was born.
Employment
S ec. 5. No person haying a minor under his control shall allow
w ithout certi- ^ im j-0
employed after the certificate required by the preceding
den
01 1 ' section has been requested by the employer, until the same has
been furnished; and no employer shall after such certificate has
been requested by any of the officers named in the preceding sec­
tion, further employ such minor until the certificate has been fur­
nished and not afterward if it shall appear from such certificate
that the further employment is in violation of this act or of
chapter 50 [sections 1044-1050] of the Public Statutes.
N o n c o m p liSec. 6 . An employer who shall fail to comply forthwith with the
ancerequest of any officer, as provided in the second preceding section,
so far as he is able, or who shall further employ a minor child in
violation of the last preceding section, shall be subject to the
penalties provided by section 1048 of the Public Statutes, as
amended by this act.
False stateSec. 7. A parent, guardian or custodian of a minor child who
ments.
shall make any false statement in any certificate required by the
third preceding section shall be punished as provided in section
1048 of the Public Statutes as amended by this act.
No. 97.—L iability of employers for injuries to employees.
I n j uries
S ec t io n 1. If personal injury is caused to an employee, who, at
caused by—
the time of the injury, is in the exercise of due care, by reason o f :
D efects;
First, a defect in the condition of the ways, works or machinery

connected with or used in the business of the employer, which
arose from, or had not been discovered or remedied in consequence
of, the negligence of the employer or of a person in his service
who had been entrusted by him with the duty of seeing that the
ways, works or machinery were in proper condition; or,
Acts of su­ Second, the negligence of a person in the service of the em­
perintendents ; ployer who was entrusted with and was exercising any superin­
tendence, and whose sole or principal duty was that of super­
intendence or in the absence of such superintendent, of a person
acting as superintendent or foreman with the authority, consent
or knowledge of such employer; or,
Persons i n Third, the negligence of a person in the service of the employer
charge of sig­ who was in charge or control of a signal, switch, locomotive en­
nals, etc.
gine or train upon a railroad:
R i g h t s of The employee or his legal representatives, shall, subject to the
employees.
provisions of the nine following sections, have the same rights
to compensation and of action against the employer as if he had
not been an employee, nor in the service, nor engaged in the work,
of the employer.
Cars.
A car which is in use by, or which is in possession of, a railroad
corporation shall be considered as a part of the ways, works or
machinery of the corporation which uses or has it in possession,
within the meaning of clause one of this section, whether it is
owned by such corporation or by some other company or person.
T rains.
One or more cars which are in motion, whether attached to an
engine or not, shall constitute a train within the meaning of
clause three of this section, and whoever, as a part of his duty for
the time being, physically controls or directs the movements of a
signal, switch, locomotive engine or train shall be deemed to be
a person in charge or control of a signal, switch, locomotive en­
gine or train within the meaning of said clause.
Death.
S ec . 2. If the injury described in the preceding section results
in the death of the employee, and such death is not instantaneous
or preceded by conscious suffering, and if there is any person
who would have been entitled to bring an action under the pro­
visions of the following section, the legal representatives of said



LABOR LAWS----VERMONT----ACTS OF 1910,

2143

employee may, in the action brought under tlie provisions of the
preceding section, recover damages for the death in addition to
those for the injury.
S ec . 3. If, as the result of the negligence of an employer himAction f o r
self, or of a person for whose negligence an employer is liable damages,
under the provisions of section one, an employee is instantly
killed, or dies without conscious suffering, his widow, or, if he
leaves no widow, his next of kin, who, at the time of his death,
were dependent upon his wages for support, shall have a right of
action for damages against the employer.
Sec. 4. If an action is brought under the provisions of the pre­
ceding section by the widow of the employee, or by the next of
* provikin, who may have such right of action, or if the action is brought slon.
under the provisions of section two by the legal representatives,
such action shall not fail by reason of the fact that it should have
been brought under the other section, but may be so amended as
to provide against such failure at any time prior to final judgment.
S ec. 5. If, under the provisions of either section two or section M easu re of
three, damages are awarded for the death, they shall be assessed damages,
with reference to the degree of culpability of the employer or of
the person for whose negligence the employer is liable.
The amount of damages which may be awarded in an action
under the provisions of section one for a personal injury to an
employee, in which no damages for his death are awarded under
the provisions of section two, shall not exceed four thousand
dollars.
The amount of damages which may be awarded in such action,
if damages for his death are awarded under the provisions of
section two, shall not exceed five thousand dollars for both the
injury and the death, and shall be apportioned by the jury be­
tween the legal representatives of the employee and the persons
who w ould.have been entitled, under the provisions of section
three, to bring an action for his death, if it had been instantane­
ous or without conscious suffering.
The amount of damages which may be awarded in an action
brought under the provisions of section three shall not be less
than five hundred nor more than five thousand dollars.
Sec. 6. No action for the recovery of damages for injury or Notice,
death under the provisions of sections one to five, inclusive, shall
be maintained unless notice of the time, place and cause of the
injury is given to the employer within sixty days and the action Lim itation,
is commenced within two years after the accident which caused
the injury or death. Such notice shall be in writing, signed by
the person injured, or by a person in his behalf; but if, from
physical or mental incapacity, it is impossible for the person
injured to give the notice within the time provided in this section,
he may give it within thirty days after such incapacity has been
removed, and, if he dies without having given the notice and
without having been for thirty days at any time after his injury
of sufficient capacity to give it, his executor or administrator may
give such notice within sixty days after his appointment. A
notice given under the provisions of this section shall not be held
invalid or insufficient by reason of any inaccuracy in stating the
time, place or cause of the injury, if it be shown that there was
no intention to mislead, and that the employer was not in fact
misled thereby.
If a notice given under this section is claimed by the employer
to be insufficient for any reason, he shall so notify in writing the
person giving it within thirty days, stating the insufficiency
claimed to exist, and, thereupon, the person whose duty is to give
the notice, may, within thirty days, give a new notice with the
same effect as if originally given.
S ec . 7. If an employer enters into a contract, written or verbal,
E m p lo y e e s
with an independent contractor to do part of such employer’s 0* contractorswork, or, if such contractor enters into a contract with a sub­
contractor to do all or any part of the work comprised in such
contractor’s contract with the employer, such contract or sub-




2144

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

contract shall not bar the liability of the employer for injuries
to the employees of such contractor or subcontractor, caused by
any defect in llie condition of the ways, works, machinery or
plant, if they are the property of the employer, or are furnished
by him, and if such defect arose, or had not been discovered or
remedied, through the negligence of the employer, or of some
person entrusted by him with the duty of seeing that they were
in proper condition.
Knowledge of Sec. 8. An employee or his legal representatives shall not be
defects.
entitled under the provisions of sections one to five, inclusive,
to any right of action for damages against his employer if such
employee knew of the defect or negligence which caused the
injury, and failed, within a reasonable time to give, or cause to
be given, information thereof to the employer or to some person
superior to himself in the service of the employer who was en­
trusted with any superintendence.
riehtg1 1 0 1 laW Se0,
111
Notllin2 in tllis act sha11 *e construed to abridge any
>
8 *
common law rights or remedies which the employee may have
against his employer, but a judgment recovered under the pro­
visions of this act, or a settlement of any action commenced, or
claim made, for death or injury, under the provisions of this act,
shall be a bar to any claim made or action begun to recover for
the same injury or the same death, under the provisions of the
common law or under the provisions of any other statute.
Inspection of Sec. 10. Any superior judge may, upon petition setting forth
§lnt6 °f aC 1 in ordinary language that the servant or employee of a certain
C
firm, person, corporation or association has been injured in the
course of his employment through some defect in the ways, works
or machinery owned or used by the employer, and that it is
necessary, in order to protect the interests of the injured person,
that an examination should be made of the ways, works or ma­
chinery through a defect in which the injury occurred, and after
such notice to the employer a's any such judge may direct or
approve, and a hearing, grant an order directing the employer or
person in control of such ways, works or machinery to permit the
person named in said order to make such examination under such
conditions as shall be set forth in the order.
Exemptions.
Sec. 11. The provisions of this act shall not apply to injuries
caused to domestic servants or farm laborers by fellow employees
or to those engaged in cutting, hauling or driving logs.
No. 143.—Wages as preferred claims—Employees of corporations.
Wages a lien.

S e c tio n 9. The liability of any corporation organized under the
provisions of chapter 187 of the Public Statutes to laborers for
any unpaid wages earned and accruing for the three months next
prior to the filing of any mortgage or other lien upon the property
and franchises of such corporation shall in all cases be a first lien
thereon, notwithstanding any mortgage or other lien thereon re­
corded after such wages have accrued.

No. 149.—Railroads—Inspection of locomotive boilers.
Commission
S ectio n 1. The public service commission may make and revise
m a y d r a f t regulations for testing boilers of locomotives used by railroad
rulescorporations, by other corporations, and by persons, firms or asso­
ciations upon any railroad or railway within the State, and every
person, firm, association and corporation other than a railroad
corporation so using a locomotive shall inform said commission
In writing on or before June thirtieth of each year of the
number of locomotives so used by him or it, together with the
length of track of such railroad’or railway, its location and uses,
Who to make and such other information as the commission may require. Tests
tests.
under regulations made as aforesaid shall, if possible, be made
by the master mechanic of the corporation, association, person or
firm which constructs, repairs or uses the boiler of the locomotive,




LABOR LAWS----VERMONT----ACTS OF 1910.

2145

and the report of such tests shall be in form satisfactory to the
commission. A corporation, association, firm or person using a
locomotive in this State the boiler of which has not been tested
in accordance with the provisions of this section shall be pun­
ished by a fine of twenty dollars for every day after notice by the
board during which such use continues.
ACTS OF 1912,
A ct N o. 85.—Employment of women

and children—Hours <ff
labor—Childbirth.

Section 1. No child under eighteen years of age and no woman Hours of em­
shall be employed in laboring in a manufacturing or mechanical ployment.
establishment more than eleven hours in any one day and fiftyeight hours in any one week.
Sec. 2. An employer shall post in a conspicuous place in every Notice.
room in which such persons are employed, a printed notice stating
the number of hours’ work required of them on each day of
the week, the hours of commencing and stopping work, and the
hours when the time allowed for meals begins and ends. The
printed forms of such notices shall be provided by the secretary
of state, after approval by the attorney general. The employ­
ment of such persons at any time other than as stated in said
printed notice shall be deemed a violation of the provisions of
this act, unless it appears that such employment was to make up Lost time.
time lost on a previous day of the same week, in consequence of
the stopping of machinery upon which such woman or child was
employed, or dependent for employment; but no stopping of ma­
chinery for less than thirty consecutive minutes shall justify such
employment at a time not stated in such notices.
S ec . 8 . No woman shall knowingly be employed in laboring in
Employment
proh
a manufacturing or mechanical establishment within two weeks when. i b i t e d ,
before or four weeks after childbirth. This prohibition shall be
included in the notice with regard to the employment of women
required to be posted as hereinbefore provided.
Sec. 4. A parent, guardian or other person who permits a minor Violations by
under his control to be employed in violation of the provisions of custodian o f
this act shall be punished by a fine of not more than one hun­ minor.
dred dollars. A person who, either for himself or as super­ Violations by
intendent, overseer or agent for another, employs any person in employer.
violation of the provisions of this act or fails to post the notice
required by this act shall be punished by a fine of not less than
fifty nor more than one hundred dollars. A certificate of the Evidence.
age of a minor made and sworn to by him and by his parent
or guardian at the time of his employment in a manufacturing
or mechanical establishment shall be prima facie evidence of his
age in any prosecution under the provisions of this section.
Jurisdiction.
S ec . 5. Justices, and municipal and county courts shall have
concurrent jurisdiction of violations of this act.
A ct No. 159.—Street railways—Air brakes—Seats for employees.
S ec t io n . 1. A railroad corporation doing business in this State, Air brakes.
operating its road by electricity, shall equip, maintain and use on
all double truck cars operated in passenger service a good and
sufficient air brake.
Sec. 2. All corporations operating cars by electricity shall equip
Seats.
double truck cars with stools of the proper height for the use
of the motormen while running such cars between suburban points.
Sec. 3. A corporation neglecting to comply with the provisions Penalty.
of section 1 of this act shall be fined ten dollars for each day that
it so neglects.
A ct 160.—Railroads—Headlights on locomotives.
S e c t io n 1. A railroad corporation doing business within the Equipment re­
state shall equip, maintain and use on its locomotives such haad39387°—Bull. 148, pt 2 - 1 4 - -59




2146

BULLETIN OF THE BUREAU OF LABOR STATISTICS.
lights and cab lights as the public service commission on notice

Notice an d and hearing shall determine and order. Said public service comhearing.
mission shall within a reasonable time after notice to the railroad
Order.

Violations.

companies in Vermont and hearing make an order with relation
to such headlights and cab lights. Said public service commission
shall publish notice in at least five prominent papers in the State
of the time and place of such hearing.
S ec . 2. A railroad corporation that violates the order of the
public service commission made under the preceding section shall
be fined not more than one hundred dollars nor less than twentyfive dollars for each day’s neglect to obey said order.
A c t N o. 173.—Accident insurance—Provisions in policies—Insur­

ance of employees.
W hat p o l i ­
S e c tio n 12. (1) Nothing in this act, however, shall apply to or
cies exempt. affect a policy of liability or workmen’s compensation insurance

or a general or blanket policy of insurance issued to a municipal
corporation or department thereof, or to a corporation, copartner­
ship, association or individual employer, police or fire depart­
ment, underwriters’ corps, salvage bureau, or like associations or
organizations, where the officers, members or employees or classes
or departments thereof are insured for their individual benefit
against specified accidental bodily injuries or sickness while ex­
posed to the hazards of the occupation or otherwise in considera­
tion of a premium intended to cover the risks of all the persons
insured under such policy.
A ct No. 188.—Factory inspector.

H ow

ap

S ec t io n 1 (as amended by act No. 189, Acts of 1912). Prior
to March 1st, 1913, the governor shall appoint a State factory
inspector, whose term of office shall be from the date of his ap­
pointment to and including December 31, 1914, and until his suc­
cessor is appointed and qualified; and biennially thereafter, the
governor shall, with the advice and consent of the senate, appoint
a State factory inspector, whose term of office shall be two years
Term.
and until his successor is appointed and qualified. The governor
may remove said inspector at any time and vacancies in said office
shall be filled by the governor. Said inspector shall have an office
Office.
in the statehouse, and the sergeant at arms is hereby authorized
to set apart such room or rooms as shall be sufficient for the use
of the inspector.
S ec . 2. Said inspector shall biennially on or before the first day
Report.
of October make a report to the governor which shall contain
statistical information relating to the number and character of
industrial accidents during the preceding biennial period; to the
general industrial conditions prevailing within the State, and to all
proceedings which have been taken by him under the provisions
Violations. of this act. Whenever said inspector finds a violation of the pro­
visions of this act and of the law relating to the employment of
children, minors and women, to health, lives and limbs of opera­
tives in workshops and factories, railroads and other places, to the
Enforcement. payment of wages and to the protection of the working classes,
they shall submit the evidence thereof to the State’s attorney of
the county in which such violation occurred who shall thereupon
prosecute the offender.
Inspections.
S ec . 3. Said inspector may enter any factory, mill, workshop,
private works or State institutions which have shops or factories,
when the same are open or in operation, and to examine into
the methods of protection from danger to employees and the
sanitary condition in and around such buildings and places, and
to make a record of such inspection. A person who refuses
Penalty for to allow the inspector to so enter, or refuses to give the infor­
obstructing in­ mation authorized to be obtained under the provisions of this sec­
spection.
tion shall be fined not more than one hundred dollars, or be
imprisoned not more than ninety days, or both. I f said in­

pointed.




LABOR LAWS----VERMONT— ACTS OF 1912.

2147

spector finds upon such inspection, that the heating, lighting,
ventilation or sanitary arrangement of any workshop or factory
is such as to be injurious to the health of the persons employed
or residing therein or that the means of egress in case of fire
or other disaster are not sufficient, or that the belting, shafting,
gearing, elevators, drums, saws, cogs or machinery in such work­
shop or factory are located, or are in condition, so as to be danger­
ous to employees and not sufficiently guarded, or that vats, pans, or
any other structures filled with molten metal or hot liquids, are
not surrounded with proper safeguards for preventing accidents
or injury to those employed at or near them, he shall give
written notice to the owner, proprietor or agent of such workshop N o t i c e to
or factory to make, within thirty days, the alterations or addi­ employer.
tions by said inspector deemed necessary for the safety and
protection of the employees; and if such alterations or additions
are not made within thirty days from the date of such written
notice, or within such time as said alterations or additions can Penalty.
be made with proper diligence upon the part of such proprietors,
owners or agents, said proprietors, owners or agents so notified
shall be fined not more than two hundred dollars nor less than
twenty-five dollars, or be imprisoned not more than thirty days,
or both.
Sec. 4. Any person, corporation or association aggrieved by any A p p e a l to
order of said inspector may apply to the court of chancery within court.
and for the county wherein the business of said person, corpora­
tion or association affected by said order is located, or to a
chancellor thereof for an injunction to restrain the enforcement
of said order; and upon such notice as said court or chancellor
shall order to all parties interested, hearing shall be had before Hearing.
said court or chancellor and judgment rendered affirming, amend­
ing or annulling said order, which judgment said court or chan­
cellor shall enforce by appropriate proceedings.
S ec. 5. The following expressions used in this act shall have Definitions.
the following m eanings: The term “ factory ” shall mean any prem­
ises where steam, water or other mechanical power is used in aid
of any manufacturing process therein carried on. The term
“ workshop” shall mean any premises, room or place, not being
a factory as above defined, wherein manual labor is exercised by
way of trade, or for the purpose of gain in or incidental to any
process of making, altering, repairing, ornamenting, finishing or
adapting for sale any article, or part of an article, and to which
or over which premises, room or place the employer of the per­
son or persons working therein has the right of access or control;
provided that the exercise of such manual labor in a private
house, or private room by the family dwelling therein, or by any
of them, or in case a majority of persons therein employed are
members of such family, shall not of itself constitute such house
or room a workshop within this definition.
Sec. 6. All State, county and town officers are hereby directed D uties of offi­
to furnish said inspector, upon request, such information contem­ cials.
plated by this act as shall be in their possession as such officers.
Sec. 7. The annual salary of said inspector shall be sixteen hun­ Salary.
dred dollars, and he shall receive his necessary expenses when
away from home on official business. Said inspector shall be al­ A ssistants.
lowed such sum for clerical assistance as seems reasonable to the
Publish i n g
auditor of accounts. Said inspector may cause to be printed for
general distribution subject to the approval of the State pur­ report.
chasing agent such number of copies of his report as may be
needed for distribution. But the total expense including salaries
incurred under this act in any one year shall not exceed three
thousand dollars.
A ct No. 190.—Arbitration of labor disputes—State board.
Section 1. There shall be a State board of conciliation and ar­ B o a r d
bitration consisting of three persons. One member of said board created.



2148

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

shall be an employer, and one shall be selected from a labor or­
ganization and shall not be an employer of labor.
The governor shall, on or before March 1, 1913, appoint the
aforesaid members. The term of office of one of said members
shall be one year and of the other, two years. The third member
Term.
of said board shall be appointed upon the recommendation of the
other two members of said board for a term of three years. If the
two appointed members do not, at least thirty days prior to the
expiration of the term, or within thirty days after the happening
of a vacancy, agree upon the third member he shall then be ap­
pointed by the governor.
Each member shall, before entering upon the duties of his
office, be sworn.
On or before March 1, annually, a person shall be appointed in
the manner aforesaid for the term of three years to fill the va­
cancy caused by the expiration of the term of office of any of said
members.
Organization,
Said board shall choose from its members a chairman, and may
tc*
appoint and remove at pleasure a secretary of said board.
H
The compensation of said secretary shall be fixed by said board,
with the approval of the auditor of accounts.
Said board shall, from time to time, establish rules of procedure
and shall on or before the first Wednesday of each biennial session
make a report to the governor. No member of the board shall be
qualified to act in any matter in which said member may be di­
rectly or indirectly interested, and, in case of the disqualification
of a member of said board, the other two members may select a
third person to act with said board, who shall not be directly or
indirectly interested in the matters in dispute.
N o t i c e of Sec. 2. If it appears to the mayor of a city or to the selectmen
trike.
0f a town that a strike or lockout described in this section is
seriously threatened or actually occurs, he or they shall at once
give notice to said board; and such notice may be given by the
e m p lo y e r or by the em p lo y e e s concerned in the strike or lockout.
If, when said board has knowledge that a strike or lockout, which
involves an employer and his present or former employees, is
seriously threatened or has actually occurred, such employer, at
that time, is employing, or upon* the occurrence of the strike or
lockout, was employing, not less than ten persons in the same gen­
eral line of business in any town in the State, the board shall,
forthwith, communicate with such employer and employees and
Mediation, endeavor by mediation to obtain an amicable settlement or en­
deavor to persuade them, if a strike or lockout has not actually
occurred or is not then continuing, to submit the controversy to
said board. Said board shall investigate the cause of such con­
troversy and ascertain which party thereto is mainly responsible
or blameworthy for the existence or continuance of the same, and
Report.
may make and publish a report finding such cause and assigning
such responsibility or blame. Said board shall, upon the request
of the governor, investigate and report upon a controversy if in
his opinion it seriously affects, or threatens seriously to affect,
the public welfare. The board shall have the same powers for
the foregoing purposes as are given to it by the provisions of the
four following sections.
InvestigaS ec . 3. If a controversy which does not involve questions which
ions.
may he the subject of an action at law or suit in equity exists be­
tween an employer, whether an individual, a partnership or cor­
poration employing not less than ten persons in the same general
line of business, and his employees, the board shall, upon applica­
tion as hereinafter provided, and as soon as practicable, visit the
place where the controversy exists and make careful inquiry into
its cause, and may, with the consent of the governor, conduct such
inquiry beyond the limits of the State. The board shall hear all
persons interested who come before it, advise the respective
parties what ought to be done or submitted to by either or both
Decision.
to adjust said controversy, and make a written decision thereof
which shall at once be made public, shall be open to public in-




LABOR LAWS--- VERMONT— ACTS OF 1912.

2149

spection and shall be recorded by the secretary of said board. A
short statement thereof may, in the discretion of the board, be
published in the annual report, and the board shall cause a
copy thereof to be filed with the clerk of the town in which such
business is carried on. Such decision shall, for six months, be Effect.
binding upon the parties who join in such application, or until
the expiration of sixty days after either party has given notice
in writing to the other party and to the board of his intention
not to be bound thereby. Such notice may be given to said em­
ployees by posting it in three conspicuous places in the shop or
factory where they work.
S ec. 4. Such application shall be signed by the employer or by a Application.
majority of his employees in the department of the business in
which the controversy exists, or by their duly authorized agent, or
by both parties, and if signed by an agent claiming to represent
a majority of the employees, the board shall satisfy itself that he
is duly authorized so to d o ; but the names of the employees giving
the authority shall be kept secret. The application shall contain
a concise statement of the existing controversy and a promise to
continue in business or at work without any lockout or strike until
the decision of the board, if made within three weeks after the
date of filing the application. The secretary of the board shall
forthwith, after such filing, cause public notice to be given of the
time and place for a hearing on the application, unless both parties Hearings.
join in the application and present therewith a written request
that no public notice be given. If such request is made, notice of
the hearings shall be given to the parties in such manner as the
board may order, and the board may give public notice thereof
notwithstanding such request. If the petitioner or petitioners fail
to perform the promise made in the application, the board shall
proceed no further thereon without the written consent of the
adverse party.
Sec. 5. In all controversies between an employer and his em­ E xpert assistployees in which application is made under the provisions of the ants.
preceding section, each party may, in writing, nominate fit per­
sons to act in the case as expert assistants to the board and the
board may appoint one from among the persons so nominated by
each party. Said experts shall be skilled in and conversant with
the business or trade concerning which the controversy exists,
they shall be sworn by a member of the board to the faithful per­
formance of their official duties and a record of their oath shall
be made in the case. Said experts shall, if required, attend the
sessions of the board, and shall, under direction of the board, ob­
tain and report information concerning the wages paid and the
methods and grades of work prevailing in establishments within
the State similar to that in which the controversy exists, and
they may submit to the board at any time before a final decision
any facts, advice, arguments or suggestions which they may con­
sider applicable to the case. No decision of said board shall be
announced in a case in which said experts have acted without
notice to them of a time and place for a final conference on the
matters included in the proposed decision. The board may ap­
point such additional experts as it considers necessary, who shall
be qualified in like manner and, under the direction of the board,
shall perform like duties and be paid the same fees as the experts
who are nominated by the parties. Said experts shall receive such
compensation as may be fixed by said board and the auditor of
accounts is hereby directed to draw orders in payment of the ex­
penses incurred under the provisions of this act upon the approval
of said board.
Sec. 6. The board may summon as witnesses any operative and Witnesses.
any person who keeps the record of wages earned in the depart­
ment of business in which the controversy exists and may examine
them upon oath and require the production of books which contain
the record of wages paid. Summonses may be signed and oaths
administered by any member of the board. Witnesses summoned



2150

BULLETIN OF THE BUKEAU OF LABOR STATISTICS.
by the board shall be allowed the same fees as are allowed w it­
nesses before a county court.
A ct No. 216.—Inspection and regulation of factories, etc.

R e g u la tio n s
S ec t io n 1. The State board of health shall have authority to
for heating and prescribe regulations for the heating and ventilation of all mills,
ventilation.
factories, stone sheds, sheds or other buildings in which five or
more persons are employed.
Notice.
Notice of the promulgation of any order or regulation made by
the State board of health pursuant to the provisions of this act
shall be communicated in writing to the owner, manager or person
in charge of the mill, factory, stone shed, shed or other building
concerning the ventilation and heating of which the order or
regulation is made, and a copy of such order shall be kept on file
by the secretary of the State board of health.
Enforcement.
S ec . 2. The court of chancery shall have jurisdiction and power,
upon application thereto by the State board of health or a party
interested, to enforce its orders or the orders, rules and regula­
tions of said board in the premises, and to restrain the use and
occupation of the premises until the orders, rules and regulations
of said board are complied with.




VIRGINIA.
CONSTITUTION.
Labor legislation—Provisions of constitution.
S ec t io n 63. * * * The general assembly shall not enact Certain local
any local, special, or private law in the following cases :
laws forbidden.
12.
Regulating labor, trade, mining or manufacturing, or the
rate of interest on money.

Bureau of labor and statistics.
S ec tio n 86. The general assembly shall have power to establish Assembiy may
and maintain a bureau of labor and statistics, under such regulations as may be prescribed by law.

L iability of railroad companies for injuries to employees.
S ec t io n 162. The doctrine of fellow-servant, so far as it affects Acts of fel_
the liability of the master for injuries to his servant resulting ow'serv s*
from the acts or omissions of any other servant or servants of
the common master, is, to the extent hereinafter stated, abolished
as to every employee of a railroad company, engaged in the physi­
cal construction, repair or maintenance of its roadway, track, or
any of the structures connected therewith, or in any work in or
upon a car or engine standing upon a track, or in the physical
operation of a train, car, engine, or switch, or in any serviee re­
quiring his presence upon a train, car or engine; and every such
employee shall have the same right to recover for every injury
suffered by him from the acts or omissions of any other employee
or employees of the common master, that a servant would have
(at the time when this constitution goes into effect), if such acts
or omissions were those of the master himself in the performance
of a nonassignable d u ty: Provided, That the injury, so suffered by
such railroad employee, result from the negligence of an officer, or N e g l i g e n c e
agent, of the company of a higher grade of service than himself, of superintendor from that of a person, employed by the company, having the en *
right, or charged with the duty, to control or direct the general
services or the immediate work of the party injured, or the gen­
eral services or the immediate work of the coemployee through,
or by, whose act or omission he is injured; or that it result from
the negligence of a coemployee engaged in another department of Person in anlabor, or engaged upon, or in charge of, any car upon which, orJ^J: etc
upon the train of which it is a part, the injured employee is not
’
at the time of receiving the injury, or who is in charge of any
switch, signal point, or locomotive engine, or is charged with dis­
patching trains or transmitting telegraphic or telephonic orders
therefor; and whether such negligence be in the performance of
an assignable or nonassignable duty. The physical construction,
repair or maintenance of the roadway, track or any of the struc­
tures connected therewith, and the physical construction, repair,
maintenance, cleaning or operation of trains, cars or engines, shall
be regarded as different departments of labor within the meaning
of this section. Knowledge, by any such railroad employee in­
jured, of the defective or unsafe character or condition of any
machinery, ways, appliances or structures, shall be no defense to
an action for injury caused thereby. When death, whether instan- Injd
urif^ caustaneous or not, results to such an employee from any injury for mg aea *
which he could have recovered, under the above provisions, had
2151




2152

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

death not occurred, then his legal or personal representative, sur­
viving consort, and relatives (and any trustee, curator, committee
or guardian of sucli consort or relatives) shall, respectively, have
the same rights and remedies with respect thereto as if his death
had been caused by the negligence of a coemployee while in the
performance, *as vice principal, of a nonassignable duty of the
C o n t r a c t s master. Every contract or agreement, express or implied, made
waiving rights, b y an employee, to waive the benefit of this section, shall be null
and void. This section shall not be construed to deprive any em­
ployee, or his legal or personal representative, surviving consort
or relatives (or any trustee, curator, committee or guardian of
such consort or relatives), of any rights or remedies that he or
they may have by the law of the land, at the time this constitution
Provisions not goes into effect. Nothing contained in this section shall restrict
restrictive.
power of the general assembly to further enlarge, for the
above-named class of employees, the rights and remedies herein^
before provided for, or to extend such rights and remedies to, or
otherwise enlarge the present rights and remedies of, any other
class of employees of railroads or of employees of any person,
firm or corporation.
This section does not deny equal protection of law.
I t does not apply to street railways. 61 S. E. 779.

03 S. E. 432.

CODE—1904.
Contracts of employment—Foreign contracts valid.
Foreign conS e c tio n 44. A contract for labor for a term of service, not ex­
tracts enforce- ceeding two years, made in a foreign country, with a person who
able.
shall immigrate to this State, and duly attested by the United

States consul or commercial agent at the port where such immi­
grant shall embark, shall be respected and enforced to the same
extent and in the same manner as if made within the State.
S ec . 45. Every contract made as aforesaid shall be in duplicate,
tracts*Cate C
°n
original in the vernacular language of the immigrant, which
shall be retained by him; the duplicate in the English language,
which shall be recorded in the county or corporation wherein
such employer resides, within ten days after the arrival of said im­
migrant at such residence; and until so recorded, such employer
shall not be entitled to the benefit of the provisions of this chapter
applicable to such contracts.
Security for Sec. 40. Any immigrant, who is a party to any such contract,
p a y m e n t of shall have the right to apply to a justice, who shall require perwages.
sonal security for the payment of wages at the times specified in
said contract; or if not so specified, then monthly; and any im­
migrant who, without good and sufficient cause, shall be dis­
charged from the service of an employer, may recover from him,
in addition to the amount due for past services, damages not ex­
ceeding the wages for three months of the unexpired term of his
contract.
Leaving serv- S ec. 47. An immigrant bound by any such contract, who shall,
ice.
without good and sufficient cause, leave the service of his em­
ployer, shall be liable to said employer for an amount not exceed­
ing the sum which may or would be due for a period not exceed­
ing three months of the term of his contract.
Application of S ec . 48. All the provisions of the four preceding sections shall
law.
apply to contracts made w ith immigrants after their arrival in
the United States, as well as to contracts made in a foreign
country; except that such contracts made within the United States
may be attested by a justice, or other officer authorized by law to
attest and affix his official seal to such contract.
Employment of children to support parents in idleness.
Who are vagrants.
°




S ectio n '884. The following pefsons shall be deemed vagrants:
^
.
*
*
*
*
*

LABOR LAWS— VIRGINIA— CODE— 1904.

2153

All persons wlio are able to work and who do not work, blit hire
out their minor children and live upon their wages.
Fire escapes on factories, etc.
S ec t io n 1067a. It shall be the duty of the owner or owners of
Fire escapes
all factories, workshops, * * * in this State of over th r eeto
Provide(J'
stories in height, * * * to provide for the safe exit of the
occupants thereof in case of fire by the erection or construction of
fire escapes of the most approved modern design. The character
and design of said fire escapes shall, in cities and towns, be se­
lected by the council of said cities and towns; and where the
buildings are not located in cities or towns, by the board of super­
visors of the county. Any owner or owners of such buildings shall
have the right to require the council of the city or town in which
said buildings are located, or in the counties the board designated
by this act, to make such selection of said fire escapes as is pro­
vided by this a c t ; and in case of their failure or refusal they shall
be compellable by mandamus. Any owner or owners of such build­
ings who shall fail to comply with * * * this act * * *
shall be deemed guilty of a misdemeanor, and upon conviction shall
be fined not less than twenty-five dollars nor more than one hun­
dred dollars for each month they shall fail to provide such fire
escapes.

Protection of employees on street railw ays—Inclosed platform s.
S ec t io n 1294d (27). All urban, interurban, and suburban elec- V e s t i b u i e d
trie railway companies shall use vestibuied fronts on all motor fronts to be
cars run, operated, or transported by them on their lines during used» w en*
the months of November, December, January, February, March,
and April of each year: Provided, That such vestibuied fronts
need not be used on open summer cars run, operated, or trans­
ported by them, during the months of November and A pril: And
provided, That said companies shall not be required to close the
sides of said vestibules, and any such company refusing or failing
to comply with said requirement shall be subject to a fine of not
less than ten dollars nor more than one hundred dollars for each
offense.
Railroads—Safety appliances—Accidents.
S ec t io n 1294d (36). Where any railroad track passes under any Telltales to
bridge, tunnel, or structure, not sufficiently high to admit of the be erected,
safe passage of cars upon such railroad tracks, with the servants
and employees standing at their posts of duty on said ears, the
person or persons, firm, or corporation, operating said railroad
and running its trains thereon, shall erect and maintain, at proper
distances on each side of such bridge, tunnel, or structure, warning
signals of approved design, and in general use, to warn the serv­
ants and employees, or those operating such railroads, of the ap­
proach to such bridge, tunnel, or structure, and the failure to erect
and maintain such danger signals shall make those operating such
railroads liable in damages for the death or injury of any em- Damages,
ployee or servant resulting from the insufficient height of such
bridge, tunnel, or structure, and no contract, expressed or implied,
and no plea of, or defense based upon, the contributory negligence
of the servant or employee shall relieve those operating such rail­
roads of the liability imposed hereby. The State corporation com­
mission is hereby authorized, by general or special regulations or
order, to determine or approve the character and location of any
danger signal which may be erected and maintained to comply
with the provisions of this act, and any and every danger signal
constructed and located as the said commission shall determine
and approve shall be deemed within the meaning of this act to be




2154

BULLETIN OF THE BUEEAU OF LABOR STATISTICS.
an approved danger signal and erected at the proper distance on
each side of such bridge, tunnel, or structure.
M aintenance of signals does not relieve the company from liability for
negligence in having a low bridge. 62 S. E. Rep. 363.

Notice of ac- gE # i294d (52). Notice of every accident which occurs, atC
0
tended with loss of life or injury to person, shall be given within
five days thereafter by the company operating the railroad on
which the accident occurred to the State corporation commission,
and such company shall furnish the commission all information
requested by it concerning the cause of the accident.
Air brakes.
g EC# i294d. (5 3 ) . No regular or other passenger train, on any
railroad operated by steam, shall be run without an air brake, or
some equally effective appliance for controlling the speed of
trains, which may be applied by the engineer to each car com­
posing the train, and which shall, at all times, t>e kept in good
condition and ready for use at the discretion of the engineer.
The State corporation commission may require all other trains
to be equipped with like appliances whenever, in its opinion, the
public interests require it. The said commission may also re­
quire any company operating any such railroad to establish and
Block system, maintain the block system or some other equally efficient system
to regulate the movement of its trains, in order to prevent colli­
sions.
L iability of railroad companies for injuries to employees.
Liability
S ectio n 1294k (as amended by chapter 291, Acts of 1912).
for
[1.] Every corporation operating a railroad in this State, whether
such corporation be created under the laws of this State or other­
wise, shall be liable in damages for any and all injury sustained
by any employee of such corporation, as follow s:
Negligence
When such injury results from the wrongful act, neglect or
of ^superintend0f an agent or officer of such corporation superior to the
’
employee injured, or of a person employed by such corporation
having the right to control or direct the services of such employee
injured, or the services of the employee by whom he is injured;
and also when such injury results from the wrongful act, neglect
or default of a coemployee engaged in another department of
Negligence of labor from that of the employee injured, or of a coemployee (notempioyee in an- withstanding the fact that the party injured had the right to
ment etc.T*11 "direct the services of the coemployee) in the performance of any
duty on or about the same or another train of cars, or on or
about an engine, or of a coemployee who has charge of any switch,
signal point or locomotive engine, or who is charged with dis­
patching trains or transmitting telegraphic or telephonic orders.
Knowledge by any employee injured of the defective or unsafe
character or condition of any machinery, ways, appliances or
structures of such corporation shall not of itself be a bar to
recovery for any injury or death caused thereby. When death,
Injuries caus- whether instantaneous or otherwise, results from any injury to
ing death.
any employee of such corporation received as aforesaid, the per­
sonal representatives of such employee shall have a right of action
therefor against such corporation, and may recover damages in
Waivers.
respect thereof. Any contract or agreement, express or implied,
made by any such employee to waive the benefit of this section or
any part thereof shall be null and void, and this section shall not
be construed to deprive any such employee, or his personal repre­
sentative, of any right or remedy to which he is now entitled
under the laws of this State.
Contributory
2. The rules and principles of law as to contributory negligence
negligence.
which apply to other cases shall apply to cases arising under this
act, except in so far as the same are herein modified or changed.
Federal laws. 3 . The provisions of this act shall always be so restricted in their
application as not to conflict with any of the provisions of the
Constitution or laws of the United States, and as if the necessary
limitations upon their interpretation had been herein expressed in
each case.



LABOR LAWS----VIRGINIA--- CODE----1904.

2155

Vaccination of employees on public works.
S ec t io n 1743e.

*
*
*
*
*
Any person, firm, or corporation employing large bodies of la- inspection of
borers in the State of Virginia constructing works of public im- employees,
provement shall, unless said person, firm, or corporation has its
own physician for that purpose, be required to have a regular
inspection by the board of health of the counties in which said
laborers are employed at such times as said board of health may
determine. And the said person, firm, or corporation shall pay to
the physician designated to make such inspection by the board
of health of said county the sum of ten dollars for such inspec­
tion; in the discretion of the examining officer the laborers shall Vaccination,
be vaccinated at the expense of the said person, firm, or corpora­
tion; the said obligation of ten dollars and cost of vaccination to
have the force and effect of a fee bill of an officer and be col­
lected by the sheriff as any such fee bills may be collected.
Bureau of labor and industrial statistics.
S ec t io n 1790c 1. A bureau of labor and industrial statistics of Bureau estabthe State of Virginia is hereby established.
lished.
2.
It shall be the duty of said bureau to collect, assort, systema- Duties,
tize, and present in annual reports to the governor, to be by him
biennially transmitted to the legislature, statistical details relat­
ing to all departments of labor, penal institutions, and industrial
pursuits in the State, especially in their relation to the commer­
cial, industrial, social, educational, and sanitary condition of the
laboring classes and to the permanent prosperity of the productive
industries of the State.
3 (as amended by chapter 55, Acts of 1906). The governor Commissioner,
shall appoint, by and with the consent of the Senate, some suit­
able person who is identified with the labor interests of the State,
who shall be designated commissioner of labor statistics, and who
shall, upon the request of the governor, furnish such information
as he may require. The term of office for said commissioner,
shall be two years from date of his appointment, w ith power of
removal by the governor for cause.
4 (as amended by chapter 55, Acts of 1906). The commissioner Powers,
shall have power to take and preserve testimony, examine wit­
nesses under oath and administer the same; and when he is of
the opinion from said testimony that the laws of the State relat­
ing to labor have been violated or evaded, he shall make a thor­
ough investigation as to such violation or evasion, and to that
end may, under proper restrictions, enter any public institution
of this State, and any factory, store, workshop or mine, and in­
terrogate any such person, firm or the proper officer of a corpora­
tion, or file a written or printed list of interrogatories, and re­
quire full and complete answers to be made thereto and returned
under oath within thirty days of receipt of said list of questions,
and if any person who may be sworn to give testimony shall w ill­
fully fail or refuse to answer any legal and proper question pro­
pounded to him concerning the subject of such examination, as
indicated in the second section of this act, or if any person to
whom a written or printed list of such interrogations has been
furnished by said commissioner shall neglect or refuse to fully
answer and return the same under oath, such person shall be
deemed guilty of a misdemeanor, and upon conviction thereof
before a court of competent jurisdiction shall be fined a sum not
exceeding one hundred dollars nor less than twenty-five dollars,
or by imprisonment in the county jail not exceeding ninety days,
or by both fine and imprisonment: Provided, however, That noth­
ing in this act shall be construed as permitting the commissioner
or any employee of this bureau to make use of any information or
statistics gathered from any person, company or corporation for
any other than the purposes of this act.




2156

BULLETIN OF THE BUREAU OF LABOR STATISTICS.

Enforcement
of laws.

If tlie commissioner shall find, upon such investigation, that the
laws of this State relating to labor have been violated or evaded,
he shall notify the person, firm or proper officer of the corporation
of such violation or evasion, in writing, and unless the laws are
fully complied with, within a reasonable time, not to exceed
thirty days, then, and in that event, the commissioner shall make
a report of such violation or evasion to the circuit or corporation
court, and the attorney for the Commonwealth of the county or
city wherein such violation or evasion of the law may occur.
R ate of wages of laborers at salvage.

How rate de­
S ec t io n 1946. The laborers employed in saving such [wrecked]
termined.
property shall be paid a reasonable sum for their services. If

the parties interested do not agree on what is to be so paid, the
owner of the property, or his agent, may choose one person, and
the commissioner of wrecks another, to determine what is to be
paid said laborers, and their award, or if they disagree, the
award of an umpire chosen by them, being made in writing, shall
be binding on the said laborers and the owner.
Suits for wages—No property exempt.
Wage debts.

S ectio n 3630. * * * Provided, That such [homestead] ex­
emption shall not extend to any execution order or other process
issued on any demand in the following cases:
*
*
*
*
*
Second. For services rendered by a laboring person or mechanic.
*
*
*
*
*

Exemption of wages from garnishment, etc.
S e c t io n 3652. Wages owing to a laboring man being a house­
W a g e s of
householder ex­ holder, not exceeding fifty dollars per month, shall also be exempt
empt.
from distress, levy, or garnishment.
Sending claim
S ec . 3652a. 1. It shall be unlawful for any person to institute or
out of State.

permit to be instituted proceedings in his own name or in the
name of any other person, or to assign or transfer, either for or
without value, any claim for debt or liability of any kind held by
him against a resident of this State who is a laboring man and
a householder for the purpose of having payment of the same or
any part thereof enforced out of the wages exempted by section
three thousand six hundred and fifty-tw^o of the Code of Vir­
ginia by proceedings in attachment or garnishment in courts or
before justices of the peace in any other State than in the State
of Virginia, or to send out of this State by assignment, transfer,
or in any other manner whatsoever, either for or without value,
any claim or debt against any resident thereof for the purpose or
with the intent of depriving such person of the right to have his
wages exempt from distress, levy, or garnishment according to the
provisions of section three thousand six hundred and fifty-two of
the Code of Virginia. And the person instituting such suit or
permitting such suit to be instituted, or sending, assigning, or
transferring any such claim or debt for the purpose or with the
intent aforesaid shall upon conviction thereof be fined not less
than ten dollars nor more than one hundred dollars, and shall in
addition thereto be liable in an action of debt to the person from
whom payment of the same or any part thereof shall have been
enforced by attachment or garnishment or otherwise elsewhere
than in the State of Virginia for the full amount, payment where­
of shall have been so enforced, together with interest thereon
and the costs of the attachment or garnishee proceedings as well
as the costs of said action.
Recovery ex­ 2.
The amount recovered in such action shall stand on the
empt.
same footing with the wages of the plaintiff under section three
thousand six hundred and fifty-two of the Code and shall also




LABOR LAWS— VIRGINIA— CODE— 1904.

2157

be exempt and free from any and all liability of the plaintiff to
the defendant in tlie way of set-off or otherwise.
3.
The fact that the payment of a claim or debt against any Evidence.
person entitled to the exemption provided for in section three
thousand six hundred and fifty-two of the Code has been enforced
by legal proceedings in some State other than the State of Vir­
ginia in such manner as to deprive such person to any extent
of the benefit of such exemption shall be prima facie evidence
that any resident of this State who may at any time have been
owner or holder of said claim or debt has violated this law.
S ec . 3652 c. The wages of a minor shall not be liable to garnish­ Wages of mi­
ment or otherwise liable to the payment of the debts of parents. nor exempt.
Garnishment of wages—Public employees.
S ec t io n 3652d. The wages and salaries of all officials of this
W a g e s of
State, their clerks and all employees of this State, shall be sub­ State officials,
etc., liable to
ject to garnishment or execution upon any judgment rendered garnishm ent.
against them: Provided, Said officials, clerks, and employees are
not exempt from garnishment or levy under chapter one hundred
and seventy-eight of the Code of Virginia.
S ec . 3652e. The wages and salaries of all officials, clerks, and Of officials of
employees of any city, town, or county shall be subject to garnish­ cities, etc.
ment or execution upon any judgment rendered against them:
Provided, Said officials, clerks, and employees are not exempt
from garnishment or levy under chapter one hundred and seventyeight of the Code of Virginia.
S ec . 3652f. All officers, clerks, and employees who hold their of­ Who are em­
fice by virtue of authority from the general assembly of Virginia, ployees.
or by virtue of city, town, or county authority, whether by election
or appointment, and who receive compensation for their services
from the moneys of such city, town, or county shall, for the pur­
poses of garnishment, be deemed to be, and are officers, clerks, or
employees of such city, town or county.
Sec. 3656. An injunction may be awarded * * * to prevent Injunction.
the wages exempted by section thirty-six hundred and fifty-two
from being garnished, or otherwise collected by an execution
creditor.

Employment of women and children.
Seats for fe­
S e c t io n 3657a (as amended by chapter 189, Acts of 1910).
male employ­
Chairs, stools or other suitable seats shall be maintained in mer­ ees.
cantile establishments for the use of female employees therein to
the number of at least one seat for every three females employed,
and the use thereof by such employees shall be allowed at such Use.
times and to such extent as may be necessary for the preservation
of their health. If the duties of the female employees, for the
use of whom the seats are furnished, are to be principally per­
formed! in front of a counter, table, desk or fixture, such seats
shall be placed in front thereof; if such duties are to be principally
performed behind such counter, table, desk or fixture, such seats
shall be placed behind the same.
If any employer of female help in the State of Virginia shall Violations.
neglect or refuse to provide seats, as provided in this act, or shall
make any rules, orders or regulations in his shop, store or other
place of business, requiring females to remain standing when not
necessarily employed! in service or labor therein, he shall be
deemed guilty of a misdemeanor, and upon conviction thereof in
any court of competent jurisdiction shall be liable to a fine there­
for in a sum not to exceed twenty-five dollars, with costs, in the
discretion of the court.
S ec . 3657b (as amended by chapter 248, Acts of 1912). No Ten-hour day.
female and no child under fourteen years of age shall work as
an operative in any factory, workshop, mercantile or in any manu­
facturing establishment in this State more than ten hours in any
one day of twenty-four hours. All contracts made or to be made




2158

B U L L E T IN OF T H E BUR EAU OF LABOR STATISTICS.

for the employment of any female, or of any child under fourteen
years of age, as an operative in any factory, workshop, mercantile,
or in any manufacturing establishment to work more than ten
hours in any one day of twenty-four hours, are and shall be void.
Violations.
Any person having the authority to contract for the employment
of persons as operatives in any factory, workshop, mercantile, or
in any manufacturing establishment, who shall engage or con­
tract with any female or any child under fourteen years of age
to work as an operative in such factory, workshop, mercantile,
or in any manufacturing establishment during more than ten
hours in any one day of twenty-four hours, shall be guilty of a
misdemeanor, and be fined not less than five nor more than twenty
Exemptions, dollars: Provided, however, That nothing in this act shall be con­
strued to apply to females whose full time is employed as book­
keepers, stenographers, cashiers, or office assistants, nor to apply
to persons employed in factories, engaged exclusively in packing
fruits or vegetables between July first and November first of each
year: Provided, That nothing contained in this act shall apply
to merchantile [mercantile] establishments in towns of less than
two thousand inhabitants or in country districts, nor in mercan­
tile establishments on Saturdays.
Nightwork.
S ec . 3657bb. No child under the age of fourteen years and over
twelve years of age shall be employed in any manufacturing,
mechanical, or mining operations in this Commonwealth to work
between the hours of six o’clock post meridian and seven o’clock
Age limit.
ante meridian; and that no child under the age of twelve years
shall be employed in any manufacturing, mechanical, or mining
operation in this Commonwealth; and any owner, agent, superin­
tendent, overseer, foreman, or manager of any manufacturing,
mechanical, or mining operation who shall knowingly employ,
or permit to be employed, in the operation of which he is owner,
agent, superintendent, overseer, foreman, or manager any child
contrary to the provisions of this act, and any parent or guardian
who allows or consents to such employment of his child or ward,
shall, upon conviction of such offense, be fined not less than
twenty-five dollars nor more than one hundred dollars.
[See Acts of 1908, chapter 301, for age limit.]
Blacklisting.
B la c k lis tin g
S ec tio n 3657c. No corporation, manufacturer, or manufacturing
forbidden.
company doing business in this State, or any agent or attorney of

such corporation, manufacturer, or manufacturing company, after
having discharged any employee from the service of such corpora­
tion, manufacturer, or manufacturing company shall w illfully
and maliciously prevent or attempt to prevent by word or writing,
directly or indirectly, such discharged employee from obtaining
employment with any other person or corporation. For any vio­
lation of this section the offender shall be guilty of a misde­
meanor, and shall on conviction thereof be fined not less than
one hundred nor more than five hundred dollars. But this sec­
tion shall not be construed as prohibiting any corporation, manu­
facturer, or manufacturing company from giving in writing on
application from any other person or corporation a truthful state­
ment of the reason for such discharge.
Payment of wages.
S e c t io n 3657d (as amended by chapter 106, Acts of 1912). [1]

Law applies

to whom.

persons, firms, companies, corporations or associations in this
Commonwealth, engaged in operating railroad shops, mining coal,
ore, or other minerals, or mining and manufacturing them, or
either of them, or manufacturing iron or steel, or both, or any
other kind of manufacturing, shall pay their employees engaged
in the employments aforesaid as provided in this act.




LABOR LAWS— VIRGINIA— CODE— 1904.

2159

[2] All persons, firms, companies, corporations or associations, Semi-monthly
engaged in any of tlie business aforesaid, shall settle with such of pay aay*
employees at least twice in each month, and pay them the amounts
due them for their work or services, in lawful money of the United
States, or by check, or by cash order, as described and required
in section three [3] of this a c t : Provided, That nothing herein con­
tained shall affect the right of any employee to assign the whole
or any part of his claim against his employer: Provided, however,
That the semimonthly payment of wages requirement of this act „ M onthly pay
shall not apply to mining coal, manufacturing coke, mining ore,
or other minerals, excelsior mills or sawmills; but the employers
of labor engaged in such enterprises shall settle with their em­
ployees at least once in each month.
[ 3 ] * * * n shall not be lawful for any person, firm, com- Scrip, etc., to
pany, corporation or association, engaged in the business aforeredeemablesaid, their clerk, agent, officer or servant in this State to issue
for payment of such labor any order or other payment whatever,
unless the same purports to be payable or redeemable for its face
value in lawful money of the United States, such order to be made
payable on demand and without condition to employees, or bearer,
bearing interest at legal rate, and redeemable by the person, firm,
company, corporation or association giving, making or issuing the
sam e; and any person, firm, company, corporation or association,
engaged in the business aforesaid, their clerks, agents, officers or Violations.
servants, who shall issue for payment of labor any paper or order,
other than the one herein specified in violation of this section,
shall be deemed guilty of a misdemeanor, and upon conviction,
shall be fined in any sum not exceeding one hundred dollars, in
the discretion of the court.
[4] * * * It shall be unlawful for any person, firm, com- C o m p a n y
pany, corporation or association engaged in operating railroads ores*
shops, or mining or manufacturing or either of them, as aforesaid,
and who shall likewise be either engaged or interested directly or
indirectly, in merchandising, as owner or otherwise, in any money
per centum profit or commission arising from the sale of any such
merchandise, their clerks, servants, officers or agents to know­
ingly or w illfully sell, or cause to be sold, to any such employee
any goods, merchandise or supplies whatever for a greater per
centum of profit than merchandise and supplies of like character,
kind, quality and quantity are sold to other customers, buying for
cash and not employed by them; and shall any person or member Violations,
of any firm, company, corporation or association, his or their
clerk, agent, or servant violate this act they shall be guilty of a
misdemeanor, and upon conviction shall be fined in any sum not
exceeding one hundred dollars, in the discretion of the court.

'Negligence of employees on public conveyances.
S e c t io n 3682. If any driver, conductor, or captain of any vehiNegl i gence
cle or boat for public conveyance, in the management of such causins injury,
vehicle or boat, w illfully or negligently inflict[s] bodily injury on
any person, he shall be punished as for a misdemeanor.

Employment of children— Certain employments forbidden.
S ection 3795a. * * * (2 ) It shall be unlawful for any per- A c r o b a t i c ,
son having the care, custody, or control of any child under the age ^cupafionset° ’
of fourteen years to sell, apprentice, give away, let, or hire out, or
otherwise dispose of such child to any person in or for the vocation
or occupation, service, or purpose of rope or wire walking, begging
or peddling, or as a gymnast, contortionist, rider, or acrobat in any
place whatsoever, or for any obscene, indecent, or immoral pur­
pose, exhibition, or practice whatsoever, or for or in any business,
exhibition, or vocation injurious to the health or morals or danger­
ous to the life or limb of such child, or cause, procure, encourage
or permit any such child to engage therein.




2160

B U L L E T IN OF TH E BUR EAU OF LABOR STATISTICS.

(3)
It shall also be unlawful for any person to take, receive,
hire, employ, use, exhibit, or have in custody any child under the
age aforesaid for any of the purposes prohibited in the second
section [paragraph] of this act [sec. 3795a].
(6) Whenever any person or persons having the care or custody
of any child within the age previously mentioned in this act shall
engage, hire out, or use such child in or for any business, exhibi­
tion, vocation, or purpose prohibited in this act, or shall permit
the use of such child therefor, and shall be convicted of the same,
the court or magistrate before whom such conviction is had may
at his discretion if he should think it desirable for the welfare
of such child deprive the person or persons so convicted of the cus­
tody of such child, and thereafter such child shall be deemed in
the custody of the court, and thereupon such proceedings shall
be had as to the commitment, custody, care, and education of such
child as are provided for in section five of this act [for vagrant or
destitute children].
(7) A person convicted under any of the provisions of this act
shall be deemed guilty of a misdemeanor and shall be punished by
fine not exceeding two hundred dollars or by imprisonment in
jail not exceeding twelve months or both.
(8) In this act the word “ person ” shall be construed to include
corporations, partnerships, companies and associations, as well as
individuals.
Sunday labor.
Sunday labor
S e c t io n 3799 (as amended by chapter 180, Acts of 1908). If a
prohibited.
person on the Sabbath day be found laboring at any trade or

calling, or employ his apprentices or servants in labor or other
business, except in household or other work of necessity or charity,
he shall be deemed guilty of a misdemeanor and upon conviction
thereof shall be fined not less than five dollars for each offense.
Every day any person or servant or apprentice is so employed
shall constitute a distinct offense and the court in which or the
justice by whom any judgmeht of conviction is rendered may
require of the person so convicted a recognizance in a penalty of
not less than one hundred or more than five thousand dollars,
with or without security, conditioned that such person shall be of
good behavior, and especially to refrain from a repetition of such
offense, for a period not exceeding twelve months.
O b s e rv a n c e
S ec . 3800. The forfeiture, declared by the preceding section,
of the seventh
not be incurred by any person who conscientiously believes
that the seventh day of the week ought to be observed as a Sab­
bath, and actually refrains from all secular business and labor
on that day, provided he does not compel an apprentice or servant,
not of his belief, to do secular work or business on a Sunday, and
does not on that day disturb any other person.
Sunday labor
Sec. 3801 (as amended by chapter 42, Acts of 1910). [1.] No
prohibited.
railroad company, receiver, or trustee, controlling or operating a
railroad, shall, by any agent or employee, load, unload, run or
transport upon such road on a Sunday, any car, train of cars or
locomotive, nor permit the same to be done by any such agent or
employee, except where such cars, trains or locomotives are used
Exceptions, exclusively for the relief of wrecked train or trains so disabled
as to obstruct the main track of the railroad; or for the transpor­
tation of the United States m ail; or for the transportation of pas­
sengers and their baggage; or where such cars, trains or locomo­
tives constitute interstate freight trains exclusively, which trains
may be run through the State of Virginia without stopping at local
stations for interchange of freight; or for the transportation of
live stock; or for the transportation of articles of such perishable
nature as would necessarily impair in value by one day’s delay
in their passage: Provided, however, That if it should be neces­
sary to transport live stock or perishable articles on a Sunday
to an extent not sufficient to make a whole train load, such train
load may be made up with cars loaded with ordinary freight:
And provided, however, That the State corporation commission




LABOR LAWS----VIRGINIA----CODE----1904.

2161

may, at such times [as] necessity may require, either to meet an
emergency or to save life or property, suspend the restriction of
this act [Sec. 3801] and authorize the running, loading or unload­
ing on Sunday of freight trains on any railroad, and of any car
or locomotive.
2. The State corporation commission may, upon petition duly E x c e p t i o n s
verified of any railroad company, either by general rule or special authorized,
order, or both, authorize the running, loading or unloading on
Sunday of freight trains on such railroad, and of any car or loco­
motive, for any of the causes in the proviso of the first section
mentioned.
3. Any railroad company taking advantage of any of the pro- Charters,
visions of this act [Sec. 3801] shall thereby give up and surrender
any exemption from State, county, city or district taxation con­
ferred by the charter of said company.
This act is constitutional. Running empty coal cars on Sunday to a
mine in West Virginia is a violation. 24 S. E. Rep. 837.
S ec . 3802. The word “ Sunday ” in the preceding section shall Definition,
be construed to embrace only that portion of the day between sun­
rise and sunset; and trains in transitu having started prior to
twelve o’clock on Saturday night, may, in order to reach the ter­
minus or shops of the railroad, run until nine o’clock the follow­
ing Sunday morning, but not later.
S ec . 3803. Any railroad company, receiver, or trustee violating penalty,
the provisions of section thirty-eight hundred and one, shall be
deemed to have committed a separate offense in each county or
corporation in which such car, train of cars, or locomotive shall
run, or in which such car or train of cars shall be loaded or un­
loaded; and shall be fined not less than fifty nor more than one
hundred dollars for each offense.
S ec . 3803a. No steamboat company shall by any agent or em- R u n n i n g
ployee load or unload on a Sunday any steamship or steamboat steamboats,
arriving at any port or landings on the bays, rivers, or other
waters of this State or permit the same to be done by any such
agent or employee except where such steamship or steamboat is
for the transportation of the United States mails, or for the trans­
portation of passengers and their baggage, or for the transporta­
tion of through freight in transitu, or of live stock, or of articles
of such perishable nature as would be necessarily impaired in
value by one day’s delay in their passage: Provided, That nothing Proviso,
in this act shall be construed as preventing any steamship or
steamboat arriving at any port or landing on the bays, rivers, and
other waters of this State not its final point of destination from
unloading any and all freight intended for delivery at such inter­
mediate port or landing or from loading and taking on any and all
freight intended for shipment from such intermediate port or land­
ing to the final destination of said steamship or steamboat. Any
steamship or steamboat company violating the provisions of this
act shall be deemed to have committed a separate offense in each
county or corporation in which said steamship or steamboat shall
land and be unloaded, and shall be fined in a sum not less than
fifty nor more than one hundred dollars for each offense.
A p p e n d ix .

Labor agents.
S ec t io n 128. Any person who hires or contracts with laborers, License r e male or female, to be employed by persons other than himself, quired.
shall be deemed to be a labor agent; and no person shall engage in
such business without having first obtained a license therefor.
Every person who shall without a license conduct business as a
labor agent, shall pay a fine of not less than one hundred dollars,
nor more than five hundred dollars.
S ec . 129. Every person who engages in the business of a labor Fee.
agent shall pay twenty-five dollars for the purpose of transacting
 39387°—Bull. 148, pt 2—14------G
O



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BULLETIN OF THE BUREAU OF LABOR STATISTICS.
said business, but before any sucli license shall be issued, the ap­
plicant shall produce a certificate from the corporation court of
the city, or the circuit court of the county in which such labor
agent proposes to have his office, or of tlie county in which he pro­
poses to do business, that to tlie personal knowledge of the judge
of such court, or from the information of credible witnesses under
oath before such court, the court is satisfied that the applicant is
a person of good character and honest demeanor.
ACTS OF 1906.
C h a p t e r 260.—Bribery of employees.

O f f e r i n g S ec t io n 1. Any person who gives, offers, or promises to an
"bribes.
agent, employee, or servant, any gift or gratuity whatever, with­
out the knowledge and consent of the principal, emj)loyer, or
master of such agent, employee, or servant, with intent to in­
fluence 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 of his principal, employer, or master,
Ac c e pt i ng r e que s t s or accepts a gift or gratuity or a promise to make a gift
g s’
or to do an act beneficial to himself, under an agreement or with
an understanding that he shall act in any particular manner as