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U. S. DEPARTMENT OF LABOR
JAMES J. DAVIS, Secretary
BUREAU OF LABOR STATISTICS
ETHELBERT STEWART, Commissioner
BULLETIN OF THE UNITED STATES \
BUREAU OF LABOR STA T IST IC S/ *
LABOR
LAWS
OF
THE
UNITED
No. 370
STATES
SERIES
LABOR LAWS OF THE UNITED STATES
WITH DECISIONS OF COURTS
RELATING THERETO
MAY, 1925
WASHINGTON
GOVERNMENT PRINTING OFFICE
1925
ADDITIONAL COPIES
OF THIS PUBLICATION MAT BE PROCURED FROM
THE SUPERINTENDENT OF DOCUMENTS
GOVERNMENT PRINTING OFFICE
WASHINGTON, D. C.
AT
$1.60 PER COPY
CONTENTS
Page
Introduction-------------------------------------------------------------------------------------------1-3
P a rt I . — Digests and summaries of certain classes of laws affecting
labor--------------------------------------------3-129
Apprentices____________________________________________________________ 3-7
Vocational education___________________________________________________
7-10
Schools for employed children--------------------------------------------------------10-15
Mothers’ pensions______________________________________________________
15-19
Examination, licensing, etc., of workmen---------------------------------------19-35
Horseshoers------------------------------------------------------------------------------19-21
Steam engineers, firemen, etc--------------------------------------------------21-23
C hauffeurs-------------------------------------------------------------------------------23-26
Plumbers____________________________________________________________
26-28
Barbers-------------------------------------------------------------------------------------29-32
Operators of
moving-picture machines----------------------------------32,33
Aviators------------------------------------------------------------------------------------33
Electricians------------------------------------------------------------------------------34
Miscellaneous_______________________________________________________
34, 35
Automobile mechanics________________________________________
34
Beauty parlors--------------------------------------------------------------------34,35
Elevator operators-------------------------------------------------------------35
Hoisting-machine operators-----------------------------------------------35
Mason contractors-------------------------------------------------------------35
35, 36
Peddlers’ license— exemption of mechanics-------------------------------------Emigrant agents_______________________________________ 1--------------------36, 37
Mechanics’ lien s-----------------------------------------------------------------------------37-59
Protection of wages of employees, etc., of contractors--------------------59-61
Liability of stockholders of corporations for wage debts due em
ployees-------------------------------------------- :--------------------------------------------62
Assignment of wages— wage brokers---------------------------------------------62-65
Earnings of m inors____________________________________________________
65
Earnings of married women___________________________________________
65, 66
66, 67
Sunday labor___________________________________________________________
Legal holidays in the States and Territories_________________________
67-69
R ailro ad s_______________________________________ *________________________
69-84
Safety appliances__________________________________________________
70-81
Caboose cars-----------------------------------------------------------------------------81, 82
Hours of service___________________________________________________
82, S3
Train c re w s________________________________________________________
83, 84
Seam en__________________________________________________________________
84
Construction and maintenance of electric installations— --------------85-87
87-89
Bakeries and the preparation, distribution, etc., of food products__
Regulations governing laundries-----------------------------------------------------89
Right of action fo r injuries causing death by wrongful act------------89-91
Vocational rehabilitation— State and Federal cooperation_________ __
91, 93
Old-age pensions________________________________________________________
93, 94
Retirement of public employees_______________________________________
94-96
Cooperative associations------------------------------------------------------------------96-98
Credit unions____________________________________________________________
98,99
State conduct of business_______________________________________________ 99,100
Preference for local labor and domestic materials on public w orks- 100,101
Public printing to be done within the State__________________________ 101,102
Rates of wages of employees on public works_________________________ 102-104
Hours of labor on public roads_________________________________________
104
Liability of employers for taxes of employees________________________ 104.105
Employers to furnish names of employees to tax officials____________
105
Intoxication, negligence, etc., of employees___________________________ 105-107
✓
r
hi
IV
CONTENTS
P a rt I .— Digest and summaries of certain classes o f law s affecting
labor— Continued.
Page
Sabotage and criminal syndicalism________________________________
107-109
Industrial police____________________________________________________ _
109-113
Armed guards________________________________________________________
111, 112
Trade-marks of trade-unions------------------------------------------------------112-114
114
Union label on public printing______________________________________
Protection of employees as members of labor organizations______
114,115
Time to vote to be allowed employees______________________________
116
Absent voters--------------------------------------------------------------------------------116-118
Protection of employees as members of the National Guard_____ 118
Convict labor--------------------------------------------------------------------------------118-129
P a r t I I . — Labor laws, text and abridgment-------------------------------------- 131-1192
Alabam a---------------------------------------------------------------------------------------183-143
Alaska--------------------------------------------------------144-151
Arizona----------------------------------------------------------------------------------------152-165
Arkansas--------------------------------------------------------------------------------------166-180
California_____________________________________________________________
181-223
Colorado_______________________________________________________________
224-255
Connecticut___________________________________________________________
256-272
D elaw are-------------------------------------------------------------------------------------273-283
District of Columbia_________________________________________________
284-288
Florida________________________________________________________________
289-296
Georgia________________________________________________________________
297-309
H aw aii________________________________________________________________
310-315
Idaho--------------------------------------------------------------------------------------------316-329
Illinois________________________________________________________________
330-364
Indiana-----------------------------------------------------------------------------------------365-410
Iow a^-------------------------------------------------------------------------------------------411-423
Kansas-----------------------------------------------------------------------------------------424-447
Kentucky--------------------------------------------------------------------------------------448-157
Louisiana---- » -------------------------------------------------------------------------------458-476
M aine_______________________________________________________________477-488
M aryland______________________________________________________________
489-503
Massachusetts_________________________________________________________
504-535
Michigan______________________________________________________________
536-559
Minnesota_____________________________________________________________
560-591
592-603
Mississippi____________________________________________________________
Missouri____________________________________________________________ __
604-626
M ontana____________________________
627-650
N eb ra sk a ______________________________________________________________
651-661
N e v a d a -----------------------------------------------------------------------------------------662-683
New Hampshire_____________________________________________________
684-696
N ew Jersey___________________________________________________________
697-734
N ew Mexico___________________________________________________________
735-742
* N ew Y ork______________________________________________________________
743-784
785-793
North Carolina_______________________________________________________
North D a k o ta _____________________________ 1_________________________
794-812
Ohio___________________________________________________
813-855
856-872
Oklahoma__________________________________
O regon________________________________________________________________
873-903
Pennsylvania__________________________________________________________
904-943
Philippine Islands____________________________________________________
944-952
Porto R ic o ____________________________________________________________
953-971
Rhode Island__________________________________________________________
972-983
South Carolina________________________________________________________
984-999
South D a k o ta ________________________________________________________ 1000-1008
Tennessee_____________________________________________________________ 1009-1022
Texas__________________________________________________________________ 1023-1046
U t a h ___________________________________________________________________ 1047-1065
Verm ont_______________________________________________________________ 1066-1073
V irg in ia _______________________________________________________________ 1074-1086
W ashington___________________________________________________________ 1087-1108
W est V irg in ia _________________________________________________________ 1109-1121
Wisconsin_____________________________________________________________ 1122-1155
W yo m in g_______________________________________________________________1156-1168
United States__________________________________________________________ 1169-1192
BULLETIN O F THE
U. S. BUREAU OF LABOR STATISTICS
n o . 370
WASHINGTON
a p r il ,
1925
LABOR LAWS OF THE UNITED STATES, WITH DE
CISIONS OF COURTS RELATING THERETO
INTRODUCTION
Labor laws enacted in the United States have been published from
time to time in the form o f special reports and in the bulletins o f
this Bureau. The first undertaking in the way o f a compilation o f
all the laws comprised the Second Special Report o f the Commis
sioner o f Labor, which appeared in 1892. I t included legislation in
force at the close o f the year 1890. Digests were made o f mechanics’ .
lien and apprenticeship laws, and a list o f legal holidays was given.
A somewhat more inclusive construction was given to the term
u Labor Laws ” than that now followed by the Bureau, but a volume
o f 507 pages o f law text, i. e., omitting summaries, index, etc., em
bodied the total labor legislation o f that date.
A revision o f that report, including legislation up to the. begin
ning o f the year 1896, was the next compilation. In that volume
mechanics’ lien laws were reproduced at length, and such extension,
together with new legislation, brought the number o f pages o f law
text up to 1,178.
The third compilation appeared in 1901 and included the laws
in force at the beginning o f that year. A number o f changes were
introduced at that time, notably the incorporation o f side notes as
a guide to the material reproduced and the placing o f annotations
from court decisions in connection with the laws to which they relate
instead o f in an appendix, as wTas done in the edition o f 1896.
The
classification o f labor laws was made somewhat stricter, and digests
were made o f convict labor laws and mechanics’ lien laws. This
resulted in holding the law text to 1,296 pages despite the narrowing
o f the text page by the use o f the side notes.
The growth o f labor legislation in the following years led to a
further economizing o f space in the next revision, which included
the legislation o f 1907, by digesting the laws on added subjects.
However, the volume grew to 1,419 pages o f law text, besides 105
pages o f digests and an index o f 22 pages.
The next revision took place in 1913, embodying the legislation o f
that year. Though added laws were summarized or digested, the
compilation was o f such magnitude as to require two volumes aggre105446°— 25----- 1
1
2
IN T R O D U C T IO N
gating 2,473 pages, while legislation subsequent to the year 1913
has added largely to the present bulletin.
The activity o f the various State legislatures in the field o f work
men’s compensation, and the great length o f the laws on this subject,
has led to a continued separate presentation o f this subject. H ow
ever, the increasing bulk o f the laws remaining to be considered has
led to further condensation, two methods being used. One o f these
is that form o f summarization already referred to, by which certain
classes o f laws were presented in a condensed form, or by representa
tive statutes with citations to other legislation, such material being
placed in a body as P art I o f the compilation; while in the second
part, made up o f the text o f the labor laws, an abridgment o f several
classes o f laws has been practiced, notably mine regulations and laws
regulating the employment o f children. In both cases legislation is
detailed and extensive, and is also very largely standardized, or at
least similar in form and content. A representative law in each case
is given in full, the laws o f the other States being abridged, only the
principal substantive provisions being noted. I t was also thought
desirable, to the end that the work may be reduced to a single volume,
to discontinue the side headings, and place at the beginning o f each
section such analytical headings as seemed essential. The current
revision, which is the sixth in order and the fourth by the present
editor in direct charge o f the work, therefore marks something o f a
departure from the compilations previously published. The legisla
tion o f 1824 is included, transitory laws and a few which appear
obsolete or repetitious, even though appearing in the codes or com
pilations, being omitted.
The following table shows, for each jurisdiction, the date o f the
code, revision or compilation o f laws used, and the date o f the latest
session laws examined:
DATE OF CODE, REVISION, OR COMPILATION OF M W S USED AND OF LATEST
SESSION LAWS EXAMINED
Latest
Title and date of code, revision, or compi session
lation of laws used
laws ex
amined
State
Alabama
^
Alaska_____________ ___________
Arizona
.
____
Arkansas______________________
Code of 1923- __......
_
Compiled Laws, 1913 _. ._ _...
Revised Statutes, 1913
Civil Code.
Penal Code.
Digest of 1921 _.
(General Laws!
___
California_______________ <Political CodetlQflfi_________________
(Penal Code_J
Colorado
Connecticut.
______
Compiled Law s, 1921
General Statutes, 1918.
_
_________
.....
Delaware . . __________ Revised Code, 1915 __ _
District of Columbia______ Code Of 1911................ ...............................
Florida
......
Revised General Statutes,1920. .... . .
(Political Codel
•(Civil Code. _ J-1911 _
Georgia
._
(Penal Code_J
Revised Laws, 1915
_ . ....
Hawaii
rr
_
Compiled Statutes, 1919. _ ____ ...
Idaho
. _ _____
Illinois
Revised Statutes, 1917____
r rri nr
Indiana________________________ ■Rums’ Annotated Statutes, 1914 _ ... _...
(Code Of 1897................................................
Iowa__ _______________ •(Supplement of 1913. _ _ . . .
l
1923
1923
1923
Quadrennially.
Biennially.
Do.
11923
Do.
1923
Do.
1923
1923
1923
Do.
Do.
1923
1923
D o.
Annually.
Biennially.
1924
Annually.
1923
Biennially.
1923
1923
1923
1924
(Supplemental Supplement of 1915..............
Kansas.................................... General Statutes, 1915_____„_________ ______ j 1923
1Also extra session, 1923.
Sessions held—
Do.
Do.
D o.
Da
Da
APPRENTICES
3
DATE OF CODE, REVISION, OR COMPILATION OF LAWS USED AND OF LATEST
SESSION LAWS EXAMINED—Continued
State
Latest
Title and date of code, revision, or compi session
laws ex
lation of laws used
amined
Statutes, 1915
_ __
1924
1924
Revised Laws, 3897....................................
1923
Revised Statutes, 1916_____ __________
1924
Annotated Code, 1911,1914____________
General Laws, 1921_1_______________
1924
Compiled Laws, 1935__
1923
General Statutes, 1913 _. _ _ _ _ n _
1923
Code of Ififtfi
_____________
1924
1 6vised Statutes, 1939_____________ . ..
1923
Revised Codes, 1923
.
_
1923
1923
Compiled Statutes, 1922_____ ________
Revised Laws, 1912,1919_____________
1923
Pnhlie Statutes, 1891 _ .
_ _ _
1923
N e w Jersey
Compiled Statutes, 1910______________
1924
New Mexico________________________ Annotated Statutes, 1915___ . . . ______________
1923
N e w York
Consolidated Laws, 1909______________
1924
North Carolina
Consolidated Statutes, 1919___ _______
1924
__ _
North Dakota___________ Revised Codes, 1905. _
1923
General Code, 1910 _
Ohio_________________
1923
.......
Oklahoma_____________ ___ Revised Laws, 1910 _
11923
Laws, 1920
_ _
Oregon. ____ ____________________
1923
Pennsylvania_______ _____ _
Statutes, 1920..............................................
1923
Philippine Islands
Administrative Code, 1917____ _______
1923
Revised Statutes and Codes, 1911..................... »1823
Porto Rico____________ _
General Laws, 1923
_ _
Rhode Island_____________________
1924
(Civil Code.................. ]
•jCode of Proeednre _ _ >>1912
.
,
South Carolina_________
1924
(Criminal Code............ J
Ronth D akota ______
Revised Code, 1919...................... .....................
1923
Thompson's Shannon's Code, 1918 ___
Tennessee.___
_
... ,
1923
/Revised
CiyU
Statutes
Texas _ „ ^
.
__r
____
U923
\Revised Cnmuidl StEtutosj
U t a h ______________________ T . Compiled Laws, 1917
1923
Vermont _
General Laws. 1917 ,
........
1923
_
_v
Virginia _
nr.
r
r
, A nnot.ate.(i Code, of 1919
1924
Washington _ . _ _ ___
...
Codes and Statutes, 1910. _ .
1923
W est Virginia . <r_ .nr. . _ . Code, 1913; Supplement, 1918_______ ______
1923
Wisconsin.
„ T ___
Statutes, 1923.......... ...................................................
1923
W yom ing
__ _
Compiled Statutes, 1910________ __________ 1 1923
1924
United States......................... Compiled Statutes, 1916; Supplements,
1919, 1923.
TTantneky
_______________________
Louisiana__ ..
,
Maine
Maryland
M assachusetts____________
Miehigan________________
Minnesota___ __________ __ ____________
Mississippi
Missouri**
Mnntaua
_______ ____
Nebraska __
_
____
Nevada____
_
New Hampshire
__ _ _
Sessions held—
Biennially
Do.
Do.
Do.
Annually.
Biennially.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Annually.
Biennially.
Annually.
Biennially.
Do.
Do.
Do.
Do.
Do.
Annually.
Do.
Do.
Do.
Biennially.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Annually.
i Also extra session, 1923.
PART I.— DIGESTS AND SUMMARIES OF CERTAIN
CLASSES OF LAWS AFFECTING LABOR
APPRENTICES
Laws regulating industrial apprenticeship are clearly labor laws.
However, the industrial importance o f apprenticeship has so far
diminished with the prevalence o f machine industry that several
States have no laws on the subject.1 Alaska, Arizona, Idaho, Ne
braska, and W yom ing seem never to have had any laws o f this type.
The laws o f the other States named have been either repealed
specifically or omitted in later codifications o f their laws. Maine
repealed its industrial law in 1915 (ch. 45), but retains some statutes
that contemplate a kind o f eleemosynary or corrective apprentice
ship. A smaller number o f States2 have laws exclusively o f this
latter form ; while as a rule the States having laws o f an industrial
'Alaska, Arizona, Idaho, Massachusetts, Missouri, Nebraska, North Carolina, Ohio,
Oregon, South Dakota, and Wyoming.
* Hawaii, Kentucky, Maine, Minnesota, Missisippi, Oklahoma, Tennessee, Texas, and
Washington.
4
P A R T I .— D IG E ST S A N D S U M M A R IE S OF L A W S
aspect also make specific provision fo r pauper and delinquent
children.
.
.
The present account is confined to such legislation as is directed to
the apprenticeship o f young, persons fo r purposes o f learning trades,
except as it is inextricably mingled with provisions affecting1orphans
or the poor. The laws are mostly o f a form comparatively old, some
retaining their principal features unchanged since before the middle
o f the last century. A conspicuous exception is the law o f Wiscon
sin, which was revised in 1915 (ch. 133), so as to establish a system
o f apprenticeship under State supervision. This statute is repro
duced as purely industrial, and o f a distinctive type. The law o f
the District o f Columbia is a fa irly recent enactment, embodying
the fundamental principles o f an apprenticeship law freed from
ideas o f the care o f paupers or delinquents. I t is also reproduced
as a type o f industrial legislation, embodying the more usual provi
sions as to terms and conditions found in the older laws.
D IS T R IC T O F C O L U M B IA — C O D E O F 1911
. S ectqn 402. B y whom bound.— A minor child may be bound as an apprentice
by his gu ard ian ; or, i f none, by his fa th e r; or, i f neither father nor guardian,
by his mother, with the consent, entered of record, of the probate court, or
without such consent if the minor, being 14 years of age, agree in w riting to
be so bound; or by the probate court as hereinafter provided.
S ec . 403. Term.— The utmost term o f any apprenticeship shall be until the
apprentice attains the age of 21 if a boy, or 18 years if a girl.
•s S ec . 404. Contract.— The writing by which such minor is bound as appi*entice
shall specify his age and what art, trade, or business he is to be taught The
Blaster shall be bound to teach the same, and also to teach him reading; w rit
ing, and common arithmetic, and to supply him with suitable clothing and main
tenance, and pay such amount, if any, as may be agreed upon fo r his services
and expressed in the contract. The writing by which any minor is bound shall
be filed in the office of the register of wills, and until it be so filed the master
shall not be entitled to the services of said apprentice.
S ec . 405. Complaints.— The probate court, during the term o f any appren
ticeship, may hear complaint of the apprentice, indentured child, or anyone
in his behalf, against the master or person to whom indentured, fo r unde
served or excessive correction, want of instruction, insufficient allowance of
food, clothing, or lodging, or nonpayment o f what w as agreed to be p aid ; or
the complaint of .the master or person to whom indentured against the appren
tice or indentured child fo r desertion or other misconduct; and, after reason
able notice of the complaint to the party against whom it is made, may deter
mine the matter in a summary w ay and discharge either party from the con
tract of apprenticeship, or make such order as the case may require.
S ec . 406. Removal of apprentice.— N o master of an apprentice shall send or
carry his apprentice out of the District, except in the case of m ariners; and
the said probate court, on being credibly informed that any master designs so
to remove his apprentice, may require him to give bond conditioned against
such removal, and on his refusal so to do may discharge the apprentice.
S ec . 407. Assignments.— The contract of apprenticeship, with the approba
tion of said court, may be assigned by the master, or, after his death, by his
personal representatives, on such terms as the court may prescribe.
S ec . 408. Concealment.— I f any person shall conceal, harbor, or facilitate
the running aw ay of an apprentice, he shall be liable to' an action therefor by
the master, either in the said supreme court or before any justice of the peace,
according to the amount of damages claimed.
S ec . 409. Form, of contract.— The form of the contract of apprenticeship shall
be the following, or to the same effect:
This indenture witnesseth, that it is mutually agreed between ---------- and
- -------- t h a t ---------- , a minor, aged — years shall be taken and held as ^n
apprentice fo r the term o f ---------- years, by the s a id ----------- ; and the said :------- —
contracts and covenants with the s a i d ---------- to faithfully and carefully in
struct the s a i d ----------in all the handicraft of a ----------- . (A n d the said —■
—~
5
A P P K E N T IC E S
further contracts and covenants that the said minor shall be allowed, as com
pensation fo r his services, at the rate o f ---------- .)
W itness our hands and seals t h is ---------- day o f ----------- .
[ seal .]
[ seal .]
Acknowledged before me, a notary public (o r justice of the peace), this
-------- day o f ----------- .
A. B., Notary Public.
S ec . 410. To whom money to be paid .— The money which the master is to
pay shall be paid to the father or other party contracting with the master,
or to the minor, in whole or in part, as said probate court may direct.
S ec . 411. Jurisdiction of probate court— [This relates to orphans, abandoned
children, etc.]
W IS C O N S IN S T A T U T E S
S e c tio n 106.01. The term “ apprentice ” shall mean any minor, 16 years of age
or over, who shall enter into any contract of service, express or implied,
whereby he is to receive from or through his employer, in consideration for
his services in whole or in part, instruction in any trade, craft, or business.
2. Every contract or agreement entered into by an apprentice with his em
ployer shall be known as an indenture; such indenture shall be in writing
and shall be executed in triplicate, one copy of which shall be delivered to
the apprentice, one to be retained by the employer, and one to be filed with
the Industrial Commission of Wisconsin at Madison.
3. Any minor 16 years of age or over may, by the execution of an indenture,
bind himself as hereinafter provided fo r a term of service not less than one
year.
4. E very indenture shall be signed:
(1 ) B y the minor.
<2) B y the fath er; and if the father be dead or legally incapable of
giving consent or has abandoned his family, then
(3 ) B y the mother; and i f both the father and mother be dead or
legally incapable of giving consent, then
(4 ) B y the guardian of the minor, if any.
(5 ) I f there be no parent or guardian with authority to sign, then by
two justices of the peace of the county of the residence of the
minor, or by a member of the Industrial Commission of Wisconsin
or a deputy thereof.
(6 ) B y the employer.
5. Every indenture shall contain:
(1 ) The names of the parties.
(2 ) The date o f the birth of the minor.
(3 ) A statement of the trade, craft, or business which the minor is to
be taught, and the time at which the apprenticeship shall begin
and end.
(4 ) An agreement stating the number of hours to be spent in work, and
the number of hours to be spent in instruction. D uring the first
two years of his apprenticeship, his period of instruction shall be
not less than four hours per week or the equivalent. I f the ap
prenticeship is for a longer period than two years, the total hours
of instruction shall be not less than 400 hours. The total num
ber of hours of instruction and service shall not exceed 55 per
week: Provided, That nothing in this paragraph shall be con
strued to forbid overtime work as provided in subsection 7 of
section.
(5 ) A n agreement as to the processes, methods, or plans to be taught,
and the approximate time to be spent at each process, method, or
plan.
(6 ) A statement of the compensation to be paid the apprentice.
(7 ) A n agreement that a certificate shall be given the apprentice at
the conclusion of his indenture, stating the terms of his indenture.
6. The employer shall pay fo r the time the apprentice is receiving instruc
tion at the same rate per hour as fo r services. Attendance at school shall be
certified by the teacher in charge and failure to attend school shall subject the
apprentice to a penalty of loss of compensation fo r three hours for every hour
such apprentice shall be absent without good cause.
6
P A R T I .— D IG E ST S A N D S U M M A R IE S O F L A W S
7. A n apprentice over 18 years o f age may be allowed to work overtime not
to exceed 30 hours in any one month. Overtime shall be considered all time
over 10 hours in any one day, and in case the hours of labor are limited in
the particular craft, industry, or business, and as to the particular employer,
to less than 10 hours, overtime shall be figured as all time in any one day
in excess of such limitation. For overtime the apprentice shall, receive one
and one-half times the rate per hour provided in his contract fo r regular time.
8. I f either party to an indenture shall fa il to perform any of the stipula
tions thereof, he shall forfeit not less than $1 nor more than $100, such fo r
feiture to be collected on complaint o f the Industrial Commission o f Wisconsin
and paid into the State treasury. Any indenture may be annulled by the In
dustrial Commission of Wisconsin upon application of either party and good
cause shown.
9. It shall be the duty of the Industrial Commission o f Wisconsin, and it
shall have power, jurisdiction, and authority to investigate, ascertain, deter
mine, and fix such reasonable classifications and to issue rules and regulations
and general or special orders as shall be necessary to carry out the intent
and purposes of section 106.01 of the statutes. Such investigations, classifica
tions, and orders and any action, proceeding, or suit to set aside, vacate, or
amend any such order o f said commission, or to enjoin the enforcement thereof,
shall be made pursuant to the proceeding in sections 101.01 to 101.28, inclu
sive, o f the statutes [relating to the duties and powers o f the industrial com
mission as to places and conditions of employment], which are hereby made a
p art hereof, so fa r as not inconsistent with the provisions of section 106.01
o f the statutes; and every order of the said industrial commission o f Wiscon
sin shall have the same force and effect as the orders issued pursuant to said
sections 101.01 to 101.28, inclusive, of the statutes, and the penalties therein
shall apply to and be imposed for any violations of section 106.01 of the stat
utes, excepting as to the penalties provided in subsection 8 of section 106.01.
10. It shall be the duty of all school officers and public-school teachers to co
operate with the Industrial Commission of Wisconsin and employers of ap
prentices to furnish, in a public school or any school supported in whole or in
p art by public moneys, such instruction as may be required to be given
apprentices.
The foregoing reproductions indicate with adequate fullness the
principal features o f apprenticeship legislation. The relative un
importance o f the subject from a legislative viewpoint and the extent
to which the laws thereon are crystallized are indicated by the fact
that, with the exception o f repealing legislation, no act or am end
ment on the subject o f industrial apprenticeship has been enacted
in any other jurisdiction than Wisconsin fo r at least 10 years.
Following is a list o f the States having laws on the subject, with
citations. These omit the sections devoted to the binding out o f
orphan, pauper, or delinquent children by the courts or by insti
tutions :
Arkansas.— Digest, secs. 408-413, 5585.
California.— Civil C., secs 265, 266, 269-276; Penal C., secs. 646, 651.
Colorado.— C. L., sees. 5516-5519, 5523-5539.
Connecticut— G. S., secs. 5294, 5295, 5297-5300.
Delaware.— R. C., secs. 3101, 3102, 3104-312L
District o f Columbia.— Code, secs. 402-411.
Florida.— R. G. S., secs. 4011-4013, 4015, 5064.
Georgia.— Civil C., secs. 3117-3123, 3125-3128; Penal C., secs. 121, 122.
Illinois.— R. S., chi 9, secs. 1, 2, 5, 8-19.
Indiana.— A. S., secs. 8381, 8382.
Iowa.— Code, secs. 3229, 3230, 3232, 3233, 3235-3249.
Kansas.— G. S., secs. 384-388, 391-407.
Louisiana.— R. L., p. 16, secs. 70-84.
Maryland.— A. C., A r t V I, secs. 1-9, 20, 21, 23-30.
Michigan.— C. L., secs. 11492-11495, 11497, 11498-11517.
Montana.— R. C., secs. 5890-5899.
Nevada.— R. L., secs. 482, 484-497.
N ew Hampshire.— P. S., ch. 180, secs. 1-13.
VOCATIONAL. EDUCATION
7
N ew Jersey.— C. S., p. 99, secs. 1-16.
N ew Mexico.— A. S., secs. 233-237.
N ew York.— Con. L., p. 2595, sec. 493.
North Dakota.— R. C., secs. 4143-4145, 4143-4161.
Pennsylvania.— Statutes, secs. 579-583.
Rhode Island.— G. L., ch. 91, secs. 1-4, 7-11, 14-21.
South Carolina.— Civil C., secs. 3799-3803, 3806-3808.
Utah.— C. L., secs. 260, 262-267, 269.
Vermont.— G. L., secs. 3731-3734, 3736, 3737, 3739-3753.
Virginia.— A. C., secs. 5298, 5301-5313.
W est Virginia.— Code, secs. 3933, 3935-3946.
Wisconsin.— Statutes, sec. 106.01.
VOCATIONAL EDUCATION
T o meet the need o f some form o f mechanical training and thus
in a sense to compensate fo r the decline o f the apprenticeship sys
tem, there has come into existence quite generally a body o f laws
providing fo r vocational training.
STATE AND FEDERAL COOPERATION
The laws o f the States are mainly a recognition o f action initiated
by the Federal Congress, which on February 23, 1917 (39 Stat. 929),
created a board on vocational education consisting o f the Secre
taries o f Agriculture, Commerce, and Labor, the United States
Commissioner o f Education, and three citizens, one representing
manufacture and commerce, one representing agriculture, and one
representing labor. This board is particularly charged with the en
couragement o f education in lines o f agriculture, industry, and home
economics. The plans fo r such education are to be formulated } r r
the State authorities, the approval o f the Federal board being re
quired. A n appropriation is made fo r the expenses o f the Federal
board and separate funds fo r cooperation with the States in the
work in view. Allotments are to be made fo r instruction in agri
culture in proportion to the rural population in the States and for
instruction in industry and home economics in proportion to the
urban population. The States are to meet the allotments by appro
priations fo r the respective purposes equal to those made by the Fed
eral Government, the allotments made to be increased from year
to year until the maximum is reached in eight years. A n act o f
March 10, 1924 (43 Stat. 17), extends the provisions o f this law to
the Territory o f Hawaii.
This is not a labor law under strict classification, but closely
borders the field. A l l o f the States have accepted the provisions o f
this statute, some making specific appropriations, others pledging
the good faith o f the State to meet the allotments on the basis fixed
by me Federal statute, still others directing a distribution o f the
educational funds o f the State in accordance with the methods o f
administration laid down by the Federal law. In some States a
separate board is designated as a board o f vocational education,
though more Commonly the existing State board o f education is au
thorized to act in this regard.
Following is a list o f the laws by which the States have accepted
the proffered cooperative system:
Alabama.— Acts of 1919, No. 92.
Arizona.— Acts of 1917, ch. 44; 1919, ch. 134.
8
P A R T I .— D IG E ST S A N D S U M M A R IE S OP L A W S
Arkansas.— Digest, secs. 8767-8780.
, California.— Acts o f 1917, ch. 720.
Colorado.— C. L., secs. 8134r-8143.
Connecticut.— Statutes, sec. 829 (am. 1923, ch. 171).
Delaware.— Acts of 1917, ch. 183.
Florida.— R. G. S., secs. 660-667.
Georgia.— Acts of 1919, p. 361.
Idaho.— C. S., secs. 1002-1009.
Illinois.— Acts of 1919, p. 928.
Indiana.— Acts o f 1917, ch. 112.
Iowa.— Acts of 1917, ch. 290 (am. 1919, ch. 337), ch. 300.
Kansas.— Acts of 1917, ch. 280.
Kentucky.— Acts of 1918, ch. 7 (am. 1920, ch. 78).
Louisiana.— Acts of 1918, No. 52.
Maine.— Acts of 1917, ch. 186.
Maryland.— Acts of 1918, ch. 72.
Massachusetts.— G. L ., ch. 74, secs. 19-22.
Michigan.— Acts of 1919, No. 149.
•Minnesota.— Acts of 1917, ch. 491.
Mississippi.— Acts of 1924, ch. 283.
Missouri.— R. S., secs. 11269-11271.
Montana.— R. C., secs. 3044-3049.
Nebraska.— C. S., secs. 6554a-6557.
Nevada.— R. L., 1919, p. 2960.
N ew Hampshire.— Acts of 1917, ch. 226.
N ew Jersey.— Acts of 1917, ch. 119.
•New Mexico.-r-Acts of 1917, ch. 2, extra session.
N ew -York.— Acts of 1917, ch. 576.
North. Carolina.— Con. S., secs. 5502-5504.
North Dakota.— Acts of 1919, ch. 203.
Ohio.— Acts of 1917, p. 579 (am. 1919, p. 356).
Oklahoni a.—sAets o f 1917, ch. 155.
. Gregoh;’—Laws, secs. 4966-4973.
Pennsylvania.— Statutes, secs. 21474r-21477.
Rhode' Island.— G. L., eh. 68, sec. 6.
South Carolina.— Acts of 1917, No. 14; 1919, No. 34.
South Dakota.— R. C., secs. 7406-7410, (am. 1919, ch. 184).
Tennessee.-^Code, sec. 1400a-21.
Texas.— Acts of 1923, ch. 131.
Utah.— Acts of 1919, ch. 86.
Vermont.— G. L., secs. 1304, 1305.
. Virginia.— Acts of 1918, ch. 73 (am. 1920, ch. 479).
Washington.— Acts of 1919, ch. 160.
W est Virginia.— Code Supp., secs. 2288d-2288h.
Wisconsin.— Statutes, secs. 20.337, 20.338.
Wyoming.— Acts of 1917, ch. 99.
STATE SYSTEMS
Besides the foregoing there has been some independent legislation,
a standardized law having been adopted in 1913 in Indiana, New
Jersey, and'Pennsylvania; while in New York, in the same year, a
law embodying the same general principles, but differing in form,
was also enacted. The laws o f the first three States named also
vary in detail, and that o f Indiana has been considerably amended.
The law o f Pennsylvania (No. 92, acts o f 19i3) is here reproduced
as setting forth the main provisions o f this class o f laws.
P E N N S Y L V A N IA S T A T U T E S
Employment of children— Vocational education
S ec tio n 5139. Definitions,— The foUowing words and phrases as used in
this act shall, unless a different meaning is. plainly required by the context,
have the following meaning:
VO CATIO NAL E D U C A T IO N
9
1. “ Vocational education” shall mean any education, the controlling pur
pose 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 wage earning or productive work on
the farm.
4. “ Household arts education ” shall mean that form of vocational educa
tion which fits for occupations connected with the household.
5. “ Industrial, agricultural, or household arts school or department,”
or “ vocational school or department,” shall mean a distinctive organization of
courses, pupils, and teachers approved by the State board of education,
designed to give their industrial, agricultural, or household arts education,
as herein defined.
6. “ Evening class,” in an industrial agricultural school or department, 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 employed or engaged during the day.
8. “ Part-time or continuation class,” in an approved agricultural or house
hold arts school or department, shall mean a vocational class for persons giv
ing a part of their working-time to profitable employment, and receiving in the
part-time school or department instruction complementary to the practical
work carried on in such employment. To give “ a part of their working time ”
such person must give part of each day, week, or longer period, to such parttime class during the period in which it is in session.
9. “ Household arts school or department ” shall mean a vocational school
designed to develop, on a vocational basis, the capacity for household work,
such as cooking, household service, and other occupations in the household.
S ec . 5140. Supervision.— The State board of education is hereby authorized
and directed to investigate, and to aid in the introduction of, industrial, agri
cultural, 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 education shall make a report annually to the governor and legis
lature describing the condition and progress of industrial, agricultural, and
household arts education during the year, and making such recommendations
as the board may deem advisable.
S ec . 5141. State superintendent to administer,— The State superintendent of
public instruction shall be the executive officer of the State board of education
for the administration of this act. H e shall appoint, from time to time, with
the approval of the State board o f education, such expert assistants, other
than those already provided for by law, as may be necessary in industrial,
household arts, or agricultural education and all clerical and other agents
necessary in carrying out the-provisions of this act.
S ec . 5142. Classes; age lim it.— In order that instruction in the principles and
i-’ie practice 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, evening, or part-time classes shall
be restricted to those over fourteen.
S ec . 5143. Local administration,— Any school district may, through its board
of school directors, establish and maintain industrial, agricultural, and house
hold arts schools or departments.
S ec . 5144. Jo in t schools,— Two or more districts may, as provided in article
eighteen, sections one thousand eight hundred and one to one thousand eight
hundred and eight, inclusive, of the School L aw s of Pennsylvania of one thou
sand nine hundred and eleven, * * * through a joint school committee,
establish and maintain industrial, agricultural, or household arts schools or
departments, to be known as joint vocational schools or departments.
S ec . 5145. Advisory committee.— Local school boards and joint school com
mittees administering approved industrial, agricultural, or household arts
schools or departments, may, under a plan to be approved by the State board
10
PART* I.— DIGESTS AND SUMMARIES O F LAWS
o f education, appoint an advisory committee composed of members representing
local trades, industries, and occupations. I t shall be the duty of such a com
mittee to counsel with and advise the local or joint board of trustees, and other
school officials, having the management and supervision of such schools.
There is a measure o f control o f the relations o f employer and
employees in these laws, but they are in the main a branch o f the
educational activities o f the State rather than industrial in their
effect. They are but few , as fo llo w s:
California.— Acts of 1919, ch. 506.
Indiana.— A. S., secs. 6641a-6641k (am. 1919, ch. 132; 1921, ch. 173).
N ew Jersey.— Acts o f 1913, ch. 294; 1916, ch. 242.
N ew York.— Acts of 1919, ch. 531 (am. 1921, ch. 386).
Pennsylvania.— Statutes, secs. 5139-5148.
SCHOOLS FOR EMPLOYED CHILDREN
P a rtly o f the same intent as vocational training and partly to
meet the educational needs o f children in employment, a number o f
States have provided by law fo r so-called continuation schools fo r
employed children, contemplating attendance fo r a part o f the day
or in the evening. Provision may also be made fo r aliens, minor or
adult, and fo r illiterates beyond ordinary school age. The. Illin o is
statute is representative o f this class o f laws:
IL L IN O IS , A C T S O F 1919
Employed children—School attendance
( P . 9 1 9 , a m . 1 9 2 1 , I* 8 1 5 )
. S e c t i o n 1. Schools to he established.— Part-time or continuation school or
classes may be estabUshed and maintained as hereinafter provided. The board
o f education or school directors of each city and of each school district in
which there, are twenty or more minors above the age of fourteen years and
below the age of sixteen years who are not in regular attendance, upon all-day
school may, at the discretion of the board o f education or school directors
of each city and each school district, beginning in September, 1921, establish
and maintain part-time or continuation school or classes in which minors
shall receive instruction, and such schools or classes may be established and
maintained in each city or school district on and after September 1, 1923,
in which there are twenty or more minors above the age of fourteen years
and below the age of seventeen «years who are not regular attendants upon
all-day schools, and such schools or classes on and after September 1, 1925,
may, at the discretion of the board of education or school directors o f each
city and school district, be established and maintained in each city or school
district in which there are twenty or more minors above the age of fourteen
years and below the age of eighteen years who are not in regular attendance
upon all-day schools. Such schools or classes shall be established under the
control and management of the board o f education or school directors, as the
case may be, and shall be a part o f the public school system of the city or
district which establishes and maintains them.
Such part-time or continuation schools or classes when established shall be
maintained each year during the fu ll period of time when the public schools
of the city or district are in session. The sessions of such part-time or con
tinuation schools or classes shall be held on the regular business days, ex
cept that they shall not be held on Saturday afternoon.
S ec. 2. Courses.— Such part-time or continuation schools or classes shall
afford instruction in any one or in any combination or in all of the following
subjects: ( a ) Those subjects usually taught in the public schools, so as to
permit the students in the continuation school classes to continue their edu
cation from the point where they left it in order to go to w o rk ; ( b ) civic and
vocational subjects; and (c ) those subjects which supplement the daily occu
pations o f the students.
SCHOOLS FOR EMPLOYED CHILDREN
11
3
S e c . 4. Attendance.— Every minor between the ages of fourteen and eighteen
years, who is regularly and law fully employed in some occupation or service,
unless such minor has completed a four-year secondary course o f instruction,
shall attend part-time or continuation school or class, when and where such
school or class has been established and is maintained for the instruction of
minors of such minor age, in the city or district in which such minor resides
or may be employed after such school or class has been established therein.
Such attendance shall be for not less than eight hours per week for at least
thirty-six weeks each year, or three hundred hours if such attendance is
confined to a period of three successive months. The attendance upon a parttime or continuation school or class shall be between the hours of eight o’clock
in the forenoon and five o’clock in the afternoon on regular business clays
except Saturday afternoons. The time spent in a part-time or continuation
school or class by a minor shall be reckoned as a part of the time or number
of hours said minor is permitted by la w to work. A minor employed, or kept
at home, in the service or assistance of any parent, guardian, or person having
the control or custody of such minor shall be considered as a minor law fu lly
and regularly employed in some occupation or service.
S e c . 7. Duty of parents.— Every parent, guardian, or other person having
the custody or control of a minor required under the provisions of this act
to attend a part-time or continuation school or class shall cause such minor
to attend such school or class. A parent, guardian, or other person who re
fuses or w illfully fails to comply with this provision of the la w shall be deemed
guilty of a misdemeanor, and upon conviction shall be subject to a «fine of
not less than twenty-five dollars and not more than one hundred dollars.
S e c . 8 . Duty of employers.— Any person, firm, or corporation employing a
minor between the ages of fourteen and eighteen years required under the
provisions of this act to attend a part-time or continuation school or class
shall permit such minor to attend such school or class whenever such school
oi' class shall have been established in the city or school district where the
minor resides or may be employed; and any such person, firm, or corporation
w illfu lly violating this provision shall for each violation be subject to a fine
of not less than twenty-five dollars and not more than two hundred dollars
for each offense, at the discretion of the court. Any person, firm, or corpora
tion employing any such minor who fails to attend part-time or continuation
school or class as required herein shall immediately discontinue the services
of such minor upon receiving from the school authorites written notice of the
failure of such minor to attend such part-time or continuation school or class,
and any person, firm, or corporation w illfully violating this provision shall be
subject to a fine of fifty dollars for each offense.
S e c . 9. Enforcement.— The school officials charged with the responsibility of
enforcing the compulsory attendance laws of this State shall also be respon
sible for the enforcement of the attendance upon part-time or continuation
schools or classes in accordance with the terms of this act.
S e c . 10. Teaching at home.— Nothing in this act contained shall be held,
deemed, or construed as having any application to children or minors who
attend private or parochial day schools or to children or minors who are re
ceiving equivalent educational training or instruction in the homes of their
parents or guardians either by said parents or guardians or by private tutors
provided by said parents or guardians.
Laws o f like tenor in other States may be summarized as fo llo w s.
Arizona. — I f 15 or more employment certificates have been issued
in any school district, a part-time school or class shall be established
fo r not less than 150 hours per year, between the hours o f 8 a. m.
and 6 p. m., attendance to be compulsory to 16 and to count as work
time. (A cts o f 1919, ch. 113.)
California .— A n y high-school district having 50 or more pupils
enrolled must provide vocational training by part-time classes be
tween 8 a. m. and 5 p. m. fo r young persons o f 14 to 18 not subject
to the compulsory school attendance law ; evening classes must be
maintained i f there are 20 or more persons, 18 to 21, who have not
completed the sixth grade. Attendance is compulsory as to both
.
12
PART I — DIGESTS AND SUMMARIES OF LAWS
age groups. Special classes are to be maintained fo r persons under
18 who can not speak, read, or w rite English. Vocational subjects,
citizenship, and general educational courses are to be taught. Attendance counts as work time. (A cts o f 1917, ch. 717; 1919, eh. 500.)
Connecticut.— Children 14 to 16 years o f age who have hot com
pleted the eighth grade must attend continuation schools four hours
per week during the school year, between 8 a.m . and 5 p. m., attend
ance to count as working time. (A cts o f 1921, ch. 259.)
Delaware .— Part-tim e schools and classes are to be maintained in
all school districts where 15 or more children between 12 and 16
have employment certificates, instruction to be given in “ general,
civic or vocational subjects fo r such employed children.” School
hours are between 8 a. m. and 5 p. m., except on Saturday, when they
are between 8 a. m. and noon. Attendance fo r 4 hours per week fo r
36 weeks is compulsory, and counts as work time. (A cts o f 1921,
ch. 162.)
Florida .— I f there are 15 or more children exempt from compul
sory school attendance in any district, a part-time school must be
established, to give instruction in “ subjects designed to enlarge the
civic or vocational intelligence o f such children.
Em ployers must
perm it attendance fo r 144 hours during the school year; but i f there
is , a night school in the district, attendance thereon w ill be an
equivalent. (A cts o f 1921, ch. 8550.)
Illinois,— [S ee text o f law, above.]
,
Indiana. — Part-tim e schools or classes, between 8 a. m. and 5 ,p%
m., may be established in the discretion o f the school authorities.
I f established, regularly employed youths over 14 and under 16
may be required to attend not less than 4 nor more than 8 hours per
week during the school term. (A . S., secs. 6641b-6641k, am. 1919^
ch. 132,1921, ch. 173.)
Iow a. — Part-tim e schools or classes may be organized in any school
district where 15 or more young persons between 14 and 16 hold
work certificates, or are employed in mercantile establishments and
have not completed the eighth grade, or have completed the eighth
grade and have not engaged in a useful occupation. Instruction is
to enlarge civic or vocational intelligence. The hours are to be be
tween 8 a. m. and 6 p. m., and attendance is to be not less than 8
hours per week during the term o f the public schools. (A cts o f
1919, ch. 94.)
Marne.— Part-tim e continuation schools or classes are authorized,
“ to im prove the industrial and civic efficiency o f persons between
the ages o f 14 and 18 now engaged in industrial occupations,” who
have not completed an elementary school course. Classes are to be
conducted fo r 144 hours during the year, and shall fa ll within the
regular working hours o f the person employed. (A cts o f 1919, ch.
205.)
Massachusetts— Towns in which 20 or more employment certifi
cates have been issued to persons who have not completed the sixth
grade must maintain evening schools fo r at least 40 evenings during
the school year. M inors over 16 and under 21 can not be employed
i f they have not completed the sixth grade, unless they are in regular
attendance on an evening or day school. Continuation schools must
be provided between 8 a. m. and 5 p. m. during the school term i f
200 or more minors under 16 are employed not less than six hours
SCHOOLS FOE EM PLO YED C H ILD R E N
13
per day. Attendance is compulsory for at least four hours per week,
and is to be counted as work time. (G. L., ch. 71, secs. 18, 21-25;
ch. 149, secs. 65 (amended 1921, ch. 351), 95.)
M ichigan .— School districts o f 5,000 population or more, having
at least 50 children under 17, employed, or for other reasons ceasing
to attend school, who have not completed two years o f high school,
must establish part-time vocational or general continuation schools;
other school districts may do so. The term is to equal that o f the
public schools, and attendance is required for not less than 8 hours
per week, “ 4 hours o f which may consist o f supervised instruction
given under working conditions/’ approved by the superintendent
o f schools and the State board o f control fo r vocational education.
I f the wages o f a child are essential for support o f self or family,
attendance may be excused. (Acts o f First Extra Session, 1921,
No. 15.)
Missouri *— School districts in which 25 employment certificates
are in force fo r children under 16 must establish part-time schools or
classes for not less than four hours per week for a term not less than
that o f the regular school session. Attendance is compulsory, and
counts as work time. When such schools exist, children under 18
who have not completed an elementary course must attend not more
than four hours per week between 8 a. m. and 5 p. m. (R . S., secs.
11285,11328.)
M ontana .— School districts, or districts o f the first class in which
a county high school is located, i f not fewer than 15 children therein,
between 14 and 18 years o f age, have entered on employment, shall’
establish part-time schools or classes. Instruction may be supple
mental to their work, o f general educational value, or to “ promote
their civic or vocational intelligence,” fo r not less than 4 hours per
week, between the hours o f 8 a. m. and 6 p. m., during the school
term. Attendance is counted as work time, and is compulsory unless
excused as provided by the school law. (R . C., secs. 1141-1155.)
Nebraska *— The public school board in any district in which 15
or more children between 14 and 16 years o f age are regularly and
legally employed shall establish a part-time school or class. Attend
ance is required for not less than 8 hours per week, unless a highschool course has been completed, or there is mental or physical in
capacity for the work. (C. S., sec. 6566.)
Nevada*— Part-time schools or classes must be provided in school *
districts where at least 15 children between 14 and 18 reside or are
employed. Instruction is to be not less than 4 hours per week, be
tween 8 a. m. and 6 p. m., in general subjects or such as w ill promote
civic and vocational intelligence. Attendance is compulsory unless
eight grades o f school work have been completed and attendance
would jeopardize satisfactory employment, or the distance is too
great, or the student is satisfactorily apprenticed, or is excusable
under the compulsory attendance law. (R . L., 1919, pp. 2957-2959.)
N ew Ham pshire *— Persons between 16 and 21 who can not read
and speak English understanding^ must, unless excused by the com
missioner o f education, attend an evening or special day school until
a minimum course is completed. Persons over 16 engaged in cutting,
harvesting, or driving pulp wood and those temporarily engaged in
14
PART I.— DIGESTS AND SUMMARIES OP LAWS
construction or agricultural work are excused. (Acts o f 1921, ch.
85, P art I I I , secs. 6, 7.)
N e w Jersey.— Children between 14 and 16, employed under an age
and schooling certificate, must attend a continuation school at least
6 hours per week fo r not less than 36 weeks per year. Such schools
must be maintained where there are 20 or more such children. (Acts
o f 1919, chs. 35,152.)
N ew Y o r k .— Part-time or continuation schools must be estab
lished in cities and school districts having a population o f 5,000 or
more, i f there are 200 or more minors between 14 and 18 not in
regular attendance on full-time day school instruction; also where
there is a smaller number o f minors i f such action is properly author
ized. These may be in factories or mercantile establishments, but
must be under the control o f the local school authorities.
Sessions must be maintained throughout the entire school year
fo r such time between 8 a.m . and 5 p. m. as may be necessary to
meet the local needs. Courses shall be in history, citizenship, in
dustrial subjects, and “ such other subjects as w ill enlarge the voca
tional intelligence o f such minors.” Attendance is compulsory for
not less than 4 nor more than 8 hours per week, unless a four-year
secondary course o f instruction has been completed. Employed
minors, 16 to 21, not literate in the English language equivalent to
the fifth grade o f the public schools, must attend a day or evening
school i f physically and mentally fit. The employer may meet this
requirement by conducting a class or classes in his establishment
*under the supervision o f the local school authorities. Evening vo
cational schools are also to be provided, for pupils who are regularly
and law fully employed during the day, to “ provide instruction in
subjects related to the practical work carried on in such employ
ment.” (Con. L., ch. 16, secs. 94 (am. 1920, ch. 852), 600, 601 (am.
1924, ch. 524), 637 (added 1918, ch. 415).)
Ohio.— Part-time schools or classes may be established “ fo r the
further education o f children who are employed on" age and school
ing certificates.” A minimum o f 4 hours per week, not less than 144
hours per year, between 7 a. m. and 6 p. m., is prescribed, excluding
Saturday afternoon and Sunday. Employment certificates are re
quired to 18 years o f age. Attendance is compulsory unless an
equivalent amount o f work to that given in the part-time schools
. has been taken. (G . C., secs. 7647-1, 7762-5, 7767-7767-2 (am.
1921, p. 376).)
Oklahoma.— I f 20 or more minors 16 to 18 years o f age are em
ployed in any school district a part-time school or class must be con
ducted fo r not less than 144 hours per year. Attendance is required
unless at least 2 years o f high school have been completed. (Acts o f
1919, ch. 235.)
Oregon.— I f not less than 15 children between the ages o f 14 and 18
have entered employment in any school district, the school board
shall establish part-time schools and classes unless excused by the
State superintendent fo r reasons deemed by him valid. School shalT
be in session not less than 5 hours per week between 8 a. m. and 6
p. m. during the term o f the public school. Employed children must
attend not less than 5 hours per week or 180 hours per year unless
they have completed the eighth grade o f the public-school work. In
MOTHERS
PENSIONS
15
struction is to be in lines o f general education or “ to promote their
civic or vocational intelligence.” Attendance counts as work time.
(Laws, secs. 5100-5112.)
Pennsylvania .— Employed children between 14 and 16 years o f
age must attend school not less than 8 hours per week in a school
approved by the State superintendent o f public instruction. The
school may be conducted in the establishment where the minor is
employed or in a public-school building, or elsewhere as designated
by the school directors of the district, but must be within reason
able access to the place of employment. The school hours must be
between 8 a. m. and 5 p. m., none on Saturday. (Statutes, sec.
13287.)
Utah .— Employed minors 16 to 18 years o f age, and those under
16 legally excused to enter employment, must attend a part-time or
continuation school at least 144 hours per year unless they have
completed the high-school course, or are taught at home, or are
physically or mentally incapacitated for attendance, or the school
is too remote. Attendance counts as work time. Schools must be
in session not less than 4 hours per week between the hours o f 8
a. m. and 6 p. m. Instruction shall be either supplemental to the
work o f their employment, continuing their general education, or
adapted to promote a civic and vocational intelligence. (Acts o f
1919, ch. 92.)
Washington.— Part-time schools or classes may be established on
written request o f 25 or more adult residents i f there are 15 or
more minors 14 to 18 years o f age resident or employed in any
school district. These shall continue for at least 4 hours per week,
between the hours o f 8 a. m. and 5 p. m. on school days or between
the hours o f 8 a. m. and 12.30 p. m. on Saturdays during the school
term. Attendance counts fo r work time. Instruction is to accord
with the plans o f the State board approved by the State board for
vocational education. (Acts o f 1919, ch. 151.)
West Virginia. — Part-time and evening schools and classes are
authorized m cities o f more than 10,000 population, and in cities,
towns, or subdistricts in which 50 or more minors 14 to 16 years o f
age are not in regular attendance upon improved instruction. Ses
sions between 8 a. m. and 5 p. m. must continue as many hours as
necessary to provide the required instruction. Attendance o f em
ployed minors under 16 is required for not less than 4 nor more
than 8 hours p er week, not less than 144 hours for the school year
unless 8 years'^of elementary schooling have been completed. (Acts
o f 1919, ch. 2, sec. 129, as amended 1921, ch. 4.)
Wisconsin .— Children employed under work certificates must at
tend an established day vocational school at least half time until
16, and after that 8 hours per week until 18, unless they have com
pleted a four-year high school course. Attendance is to be deducted
from work time, and must be for 8 months per year, or longer i f
the school term is longer. (Statutes, sec. 103.14.)
M O T H E R S ' P E N S IO N S
A measure o f law that exists in most States o f the Union provides
fo r monthly allowances to mothers o f needy children, usually under
the age o f employment. However, where an educational qualification
16
PART I.— DIGESTS AND SUMMARIES OF LAWS
fo r an employment certificate debars the issue o f such certificate to
a child otherwise eligible, the mother’s pension affords support dur
ing the period o f further school attendance. B elief is conditional
on need, character, and citizenship, and is granted to widows, de
serted mothers, the wives o f incompetents or o f husbands in deten
tion for crime or insanity. I t is clear that the provision is a form
o f out-door relief to avoid the necessity o f institutional care or other
breaking up o f the home. However, there is an industrial aspect
to such legislation in that it furnishes a constructive substitute for
that provision o f the child labor laws sometimes found that waives
the age standard fo r the employment o f any child in cases in which
its labor “ is necessary fo r the support o f itself or to assist in the
support o f its fam ily.” Support also usually terminates when the
age for legal employment is reached. Moreover, it is provided in
many States that the mother must keep the home, so that it affects
the employment o f women as well.
There is a large degree o f uniformity in the laws, the age lim it
and amounts varying somewhat in the different States, as well as the
details o f conditions precedent and the methods o f administration.
Thus funds may be provided by the county or municipality alone
or the State may also contribute. Administration may be purely
local or there may be a State agency to supervise and unify pro
cedure or the State agency may be dominant. Sometimes existing
poor-relief agencies administer the law, but more often there is a
special agency for the purpose. In spite o f such variations as exist,
however, it is believed that the general similarity o f the laws in
principle and in fundamental provisions permits the fair use o f a
representative law as standing for such legislation generally; while
the border-line character o f the subject matter from the standpoint
o f labor likewise suggests a limited presentation thereof in this com
pilation. The subject has also received detailed consideration at the
hands o f the Children’s Bureau.
The law o f Minnesota is offered as illustrative o f the provisions
o f such laws generally:
M IN N E S O T A — A C T S O F 1917
C hapter 223.— Mothers' pensions
S ection 1 (am. 1919, ch. 328). Conditions; allowances.— Whenever any
child under the age of 16 years who is not law fully entitled tp apply fo r and
receive an employment certificate is found by juvenile court to be dependent
the court shall, when requested to do so, and in the same proceeding, make
its findings upon the following points:
( a ) Whether the mother o f the child is a w id o w ;
(& )
I f her husband is living, whether he is an inmate of a penal institution
under a sentence which w ill not terminate within three months after the date
of such finding; or is an inmate of a State insane asylum or hospital, or of
a State hospital fo r inebriates; or is unable to labor for the support of his
fam ily by reason of physical disabilities; or is and fo r one year has been under
indictment f o r . the crime of abandoning such ch ild ;
(c ) W hether the dependency o f the child is due to the poverty of the
mother without neglect, improvidence or other fault on her p a r t ;
(d ) W hether the mother is otherwise a proper person to have the custody
o f the child; ;
( e ) Whether the welfare o f the child will be subserved by permitting him
to remain in the custody of the mother, if adequate means of support shall
be provided;
MOTHERS
PENSIONS
17
(f)
Whether the mother is a citizen of the United States or whether she
or her husband has made declaration of intention to become a citizen and has
resided two years in the State and one year in the county.
Upon the making and filing of findings that the mother is a widow or that
support is not obtainable from her husband by reason of one of the alterna
tives specified in subdivision (b), together with findings in the affirmative upon
the points specified in subdivisons (c ), ( d) , ( e) , ( f ) , the courts shall further
find, and order the payment of the sum of money which it deems necessary for
the county to allow the mother in order to enable her to bring up the child
properly in her own home, not exceeding $15 per month for one child and not
exceeding $10 per month for each additional child: Provided , however, That
no allowance, shall be made when the husband is under indictment for aban
donment unless the court is satisfied that he is a fugitive from justice and
that the mother has in good faith assisted and w ill continue to assist in all
reasonable efforts to apprehend him.
The county attorney in small counties and salaried investigators
appointed by judges o f the juvenile courts in larger counties are
to make the necessary investigations and findings as to elegibility
of applicants, or county welfare boards may be requested to act.
Orders filed with county auditors are their warrant, so long as in
force and unmodified, for payments monthly of the amounts speci
fied therein. No payments may be made in behalf o f any child
lawfully entitled to an employment certificate, or who has ceased to
be under the immediate care o f the mother.
The court may require the mother to do remunerative work out
side her home i f it can be done without detriment to health or neg
lect o f fa m ily ; it may also limit the number o f days per week when
she may be so employed.
S e c . 5. Investigations .— Before making any order or allowance under this
act it shall be the duty of the court, either through the judge in person or
through the county child welfare board and its agents or a probation officer
designated for that purpose or an official investigator appointed as provided
in section six of this act, to make inquiry as to all the points necessary to es
tablish the right to such allowance; and particularly to inquire whether the
surroundings of the household, including its other members, are such as to
make for the good character of children growing up therein; to ascertain all
the financial resources of the family, including the ability of its members of
working age to contribute to its support and if need be to urge upon such
members their proper contribution [ ; ] to take all law ful means to secure sup
port for the fam ily from relatives under legal obligation to render such sup
port; to ascertain the ability of other relatives to assist the fam ily and to
interview individuals, societies and other agencies which may be deemed ap
propriate sources of such assistance. Every fam ily to which an allowance has
been made shall be visited at its home by a representative of the court at
least once in three months: and after each visit the person making the same
shall make and keep on file as a part of the official record of the case a de
tailed statement of the condition of the home and family, and all other data
which may assist in determining the wisdom of the allowance granted and the
advisability of its continuance; and the court shall at least once in each year
reconsider every case in which an allowance has been made, and take such
action as the facts then existing shall warrant. A ll findings and orders pro
vided for herein may be made upon the written reports of official investigators
with like effect as if based upon competent testimony given in open court.
An y taxpayer may complain that recipients are receiving allow
ances unlawfully, whereupon evidence shall be heard and appropri
ate action taken. Fraudulently procuring or attempting to procure
an allowance is a misdemeanor, unless the act is such as to constitute
a felony.
I f the court is o f opinion that a child’s interests would be best
served by arranging for a home with a grandmother, the act is to be
105446°— 25------2
18
PART I.— DIGESTS AND SUMMARIES OF LAWS
construed so as to permit such arrangement. The terms “ father ”
and “ mother ” include stepfathers and stepmothers.
S ec . 8. W hat property a bar.— The ownership by a mother of personal prop
erty of the value o f $100, exclusive of appropriate clothing and household
furniture and of such tools, implements and domestic animals as in the
opinion of the court it is expedient to retain for the purpose of reducing the
expense or increasing the income of the fam ily or of real estate not used as
a hom e; or of real estate, when used as a hom e; [, ] of a value disproportion
ate to the actual needs of the family, shall be a bar to any allowance under
this act.
S ec . 12. State board of control.— It shall be the duty of the State board of
control to promote efficiency and uniformity in the administratibn of this act.
T o that end it shall advise and cooperate with courts and shall supervise and
direct county child w elfare boards with respect to methods of investigation,
oversight and record keeping; shall devise, recommend and distribute blank
forms r shall by its agents visit and inspect families to which allowances have
been m ad e; shall have access to all records and other data kept by courts and
other agencies concerning such allowances; and may require such reports from
clerks of the courts, child w elfare boards, probation officers and other official
investigators as it shall deem necessary.
S ec . 15. Liberal construction.— This act shall be liberally construed with a
view to accomplishing its purpose, which is hereby declared to be to enable
the State and its several counties to cooperate with responsible mothers in
rearing future citizens, when such cooperation is necessary on account of rela
tively permanent conditions, in order to keep the mother and children together
in the same household, reasonably safeguard the health of the mother and
secure to the children during their tender years her personal care and training.
Following is a list o f the laws, etc., on this subject:
Alaska.—rAets of 1913, ch. 32 (am. 1917, ch. 16).
Arizona.— Acts o f 1921, ch. 53.
Arkansas.— Digest, secs. 8223-8233.
California.— Acts of 1913, ch. 323 (am. 1917, ch. 472; 1919, ch. 292).
Colorado.— C. L., secs. 608-611.
Connecticut.— Acts of 1919, ch. 323 (am. 1921, ch. 247; 1923, ch. 173).
Delaware.— Acts of 1921, eh. 183 (am. 1923, ch. 200).
Florida.— Acts of 1919, ch. 7920.
H aw aii.— Acts of 1919, No. 129 (am. 1921, No. 37).
Idaho.— C. S., secs. 3733-3740 (am. 1923, ch. 145).
Illinois.— R. S., ch. 23, secs. 298-315 (am 1921, p. 162).
Indiana.— Acts of 1923, ch. 61, sec. 4.
Iowa.— Code Supp., secs. 254-a20, 254-a20a (am. 1917, ch. 150; 1919, ch.
107; 1921, chs. 51, 252; 1923, ch. 57).
Kansas.— G. S., sec. 6824 (am. 1917, ch. 138; 1921, ch. 153).
Louisiana.— Acts of 1920, No. 209.
M a in e — Acts of 1917, ch. 222 (am. 1919, ch. 17).
Maryland.— Acts o f 1916, ch. 670.
Massachusetts.— G. L., ch. 118 (am. 1922, ch. 376).
Michigan.— C. L., sec. 2017.
Minnesota.— Acts o f 1917, ch. 223 (am. 1919, chs. 328, 333; 1921, ch. 435;
1923, ch. 189).
Missouri.— R. S., secs. 12581-12590.
Montana.— Code, secs. 10480-10487 (am. 1921, ch. 257).
Nebraska.— C. S., secs. 3474-3481.
Nevada.— Acts of 1921, ch. 107.
N ew Hampshire.— Acts of 1921, ch. 85, P a rt I, secs. 37-43.
N ew Jersey.— Acts of 1913, ch. 281 (am. 1915, chs. 118, 238; 1921, ch. 48).
N ew York.— Acts of 1915, ch. 228 (am. 1916, ch. 504; 1919, ch. 373; 1922,
ch. 546).
North Carolina.— Acts of 1923, ch. 260.
North Dakota.— Acts of 1923, ch. 156.
Ohio.— Acts of 1913, p. 864 (am. 1915, p. 436; 1919, p. 624; 1921, p. 70).
Oklahoma.— Acts of 1915, ch. 183 (am. 1921, ch. 19).
Oregon.— Laws, secs. 3322-3342 (am. 921, ch. 202).
Pennsylvania.— Statutes, secs. 16717-16734 (am. 1921, Nos. 433, 438; 1923,
Nos. 200, 251).
EXAMINATION AND LICENSING OF WORKERS
19
Rhode Island.— Acts of 1923, eh. 2340.
South Dakota.— R. O., secs. 10023-10030 (am. 1919, ch. 263; 1921, eh. 291).
Tennessee.— Acts of 1921, No. 104 (am. 1923, No. 67).
Texas.__ Acts of 1917 ch 120.
Utah.— O. L., sees. 3960-3968 (am. 1919, ch. 77; E xtra Session 1919, ch. 12).
Vermont.— G. L., sec. 7312.
Virginia— Acts of 1922, ch. 488.
Washington.— Acts of 1915, ch. 135 (am. 1919, ch. 103).
W est Virginia.— Code Supp., secs. 722m-722x (am. 1923, ch. 28).
Wisconsin.— Statutes, sec. 48.33.
Wyoming.— Acts of 1915, ch. 32 (am. 1917, ch. 38).
E X A M I N A T I O N , L IC E N S IN G , ETC., O F W O R K M E N
A number o f States have laws requiring workmen to be licensed
or registered before engaging in certain occupations, usually requir
ing them also to pass an examination or to give proof o f competency.
Such laws are obviously an interference with the absolute freedom
o f contract, restricting the employer as to the choice o f workers
whom he may employ, and establishing legislative qualifications
which must be met by persons wishing to engage in the occupations
affected. The subjects legislated on in the various States vary con
siderably, the underlying reasons for the legislation being also
widely different. In some instances the public safety is involved, as
where stationary engineers are required to prove competency before
being entrusted with the control o f dangerous and widely used in
strumentalities ; or the aspect and nature o f the vocation may differ
as widely from the above as does the occupation o f horseshoeing or
barbering; though this latter type o f law is likewise construed as
affecting the public safety in view o f its purpose to protect the public
health.
In a number o f cases the validity o f legislation thus interfering
with the freedom o f contract has been contested, and in some in
stances the courts have ruled against it as unwarranted and un
justifiable; or technical requirements have been found violated so
that the legislation did not stand. In other cases the constitutional
ity has been asserted on the ground that there was a proper exercise
o f the police power o f the State in behalf o f the public welfare.
Only those laws are cited under the various headings below that have
been declared valid, or against which no adverse decision has been
recorded. Reference w ill be made under the appropriate headings
to findings o f unconstitutionality and the grounds therefor.
H0RSESH0ERS
In a few States laws have been enacted requiring the examination
and licensing o f horseshoers. Such laws have been condemned in
some instances as unwarranted interferences with the liberty o f the
citizen to choose and follow a calling not requiring regulation on
grounds o f public health and comfort; nor are they justifiable as
revenue laws; and no necessity for regulation appearing, they were
declared void. Such was the finding o f the courts o f Illinois
(Bessette v. People (1901), 193 111. 334, 62 N. E. 215), New Y ork
(People v. Beattie (1904), 89 N. Y . Supp. 193, 96 App. Div. 383),
and Washington (In re Aubrey (1904), 36 Wash. 308, 78 Pac. 900).
The legislature o f Illinois in 1915, however, enacted a new law
on the subject, which seems not to have been challenged. No later
20
PART I.— DIGESTS AND SUMMARIES OF LAWS
enactment has been made in any State, though the law o f Hawaii
was amended in 1919.
The States having such laws are:
Colorado.— C. L., secs. 4802-4809.
H aw aii.— R. L., secs. 2038, 2039 (am. 1919, No. 75).
Illinois.— R. S., ch. 66, secs. 13-26.
Maryland.— Acts of 1898, ch. 491.
Michigan.— Com. L., secs. 6850-6856.
Minnesota.— G. S., secs. 5068-5070.
The statute o f Minnesota is representative, though some laws re
quire a knowledge o f the anatomy o f the horse’s foot and leg. I t is
as follow s:
M IN N E S O T A — G E N E R A L S T A T U T E S
Exam ination and licensing of horseshoers
S ection 2354. State board.— The horseshoers’ board of examiners shall con
sist of five members, residents of the State, appointed by the governor, each
fo r the term of five years and until his successor qualifies. Tw o shall be
master horseshoers, two journeyman horseshoers, and one a veterinarian.
Each vacancy shall be filled for the unexpired term from the class to which
the retiring member belonged. The board shall elect from its members a
secretary, who shall record its proceedings, and it shall carry out the pro
visions of this subdivision. A t least once a year, in every city of the first
class, the board shall examine applicants for certificates of qualification to
practice horseshoeing, and issue such certificates to those found qualified.
A fee of two dollars shall be paid to the secretary by every person taking such
examination, and such fees shall be used to defray the expenses of the board
and pay its members. The secretary shall give public notice of every ex
amination at least thirty days prior thereto. N o person shall be entitled to
take such examination or receive such certificate unless he shall have had
three years’ experience as a horseshoer, or have served three years as a
learner or apprentice under a master.
S ec . 2355. Certificates.— A ll certificates shall be filed with the city clerk, and
registered by him in a book kept for that purpose, upon receipt of a fee of
twenty-five cents. Any person so registered shall be entitled to registration
in any other city to which he may have removed, upon filing with the clerk
thereof a certified copy of such certificate, the fee for which copy shall be fifty
cents, and for filing the same twenty-five cents. Persons who were duly regis
tered prior to the taking effect of the Revised L aw s shall be exempt from
examination.
S ec. 2356. Registration required .— N o person shall practice horseshoeing in
any such city, otherwise than as a learner or apprentice under a master horse
shoer, unless he is registered in accordance with this subdivision. A ny person
who shall present to a city clerk any certificate which has been fraudulently
obtained, or who shall violate, or neglect to comply with, any provision o f this
subdivision, shall be guilty of a misdemeanor.
Scope .— The law o f Maryland specifically relates to Baltimore
only, while that o f Colorado is restricted by a population limitation
to Denver. In Michigan the law applies only in cities o f 10,000 or
more inhabitants, and in Minnesota only in cities o f the first class.
Boa rd s; issue.— The examining board is appointed by the governor
and in Colorado, Maryland, Michigan, and Minnesota consists o f 5
persons. One member is to be a veterinary surgeon and the others
horseshoers o f prescribed experience. In Illinois the department o f
registration and education conducts examinations and issues licenses;
while in H aw aii the examining is clone by a veterinary surgeon.
The examination is to be a practical one, and boards may fix neces
sary regulations, etc. Examinations are to be held five times a year
EXAMINATION AND LICENSING OF WORKERS
21
in Illinois, twice a year in Maryland and Michigan, at least once a
year in Minnesota, and as often as necessary in Colorado.
Fees .— The fee for examination and license is $5 in Hawaii and
Illinois, $3 in Michigan, and $2 in Colorado, Maryland, and Minne
sota. A registration fee o f 25 cents in the city or county is re
quired in Colorado, Maryland, and Minnesota. The license fee o f
$5 must be paid annually in Hawaii, while an annual renewal fee o f
$1 is required in Illinois and Michigan.
A g e , etc.— No age limit is fixed for applicants except in Michigan,
where it is 18 years. Apprentices must serve not more than 3 years
in Colorado, and 3 ye'ars in Illinois, Maryland, and Minnesota.
STEAM ENGINEERS, FIREMEN, ETC.
The employees considered under this head are stationary engineers
and firemen, and certain employees on steamboats. Such laws are
valid as designed to secure the public safety (Hyvonen v. Hector Iron
Co. (1908), 103 Minn. 331, 115 N. W . 167); but they must not be
arbitrary or confer autocratic and unregulated power on the exam
iner (Harmon v. State (1902) , 66 Ohio St. 249, 64 N. E. 117). Em
ployees on railroads and engineers in mines are not included here,
the lavrs relating to them being noted under the respective headings.
STATIONARY ENGINEERS
Stationary engineers are required to be licensed in the following
jurisdictions:
District of Columbia.— Act of Feb. 28, 1887 (24 Stat. 427).
Florida.— R. G. S., secs. 1940-1945, 5851, 5852.
Georgia.— Acts of 1910, page 112 (am. 1912, p. 158).
Maryland.— Public Local Laws, art. 4, sec. 427 (am. 1910, p. 615).
Massachusetts.— G. L., ch. 146, secs. 46-51, 56-59, 64-67.
Minnesota— G. S., secs. 4750 (am. 1919, ch. 113), 4751, 4752, 4753 (am. 1919,
ch. 240).
Missouri.— R.
secs. 10967, 10968.
Montana.— R. C., secs. 2719-2728.
Nevada.— Acts of 1921, ch. 213 (am. 1923, ch. 18).
N ew Jersey.— Acts of 1913, ch. 363 (am. 1918, ch. 213; 1919, ch. 151).
O h io — G. C. of 1910, sections 1039-1057 (am. 1910, p. 361; 1911, p. 494;
1913, p. 95; 1919, p. 1237).
Pennsylvania.— Stats., secs. 2925-2940, 3507-3521* •
Scope .— The laws o f Georgia, Massachusetts, Montana, and New
Jersey include firemen in their provisions; while a statute o f Ohio
(General Code, secs. 1058-1 to 1058-5, added 1910, p. 324, amended
i919, p. 1237) contains provisions for persons in charge o f steam
boilers, and a law o f New York (acts o f 1901, ch. 733) regulates
the employment o f firemen in New Y ork City. The law o f Mon
tana requires engineers o f traction engines to be licensed; while that
o f Nevada relates to hoisting engineers only.
The law o f Florida authorizes cities o f over 5,000 inhabitants to
require licenses, that o f Georgia applying only in counties having a
population o f 70,000 or above, that o f Massachusetts excepting agri
cultural engines, heating boilers o f not over 15 pounds pressure, and
engines of less than 9 horsepower; while the law o f Missouri applies
only in cities o f over 20,000 population, and that o f Pennsylvania in
cities o f the second and third classes.
22
PART I.— DIGESTS AND SUMMARIES OF LAWS
In some States licenses are classified according to the power, etc.,
o f the engine or boiler to be operated. Thus there are 6 grades o f
engineers’ licenses and 4 grades o f firemen’s licenses in Massachusetts,
4 grades o f engineers’ licenses in Maryland, Minnesota, and Mon
tana, 3 in Nevada, and 2 in Pennsylvania.
Issue .— The examiners are State boards in Maryland, district in
spectors in Minnesota, the State industrial commission through
district examiners o f steam engineers in Ohio, the chief and boiler
inspectors o f the department o f public safety in Massachusetts, a
bureau o f the department o f labor in New Jersey, county boards in
Georgia and district boards in Nevada, a board designated by the
commissioners in the District o f Columbia, a State boiler inspector
in Montana, city boiler inspectors in Florida and in Pennsylvania,
and local incorporated associations in Missouri.
No time seems to be fixed for the holding o f examinations except
in Maryland, where weekly meetings o f the board are prescribed in
Baltimore. Other laws provide for examinations on application, o r .
at times fixed by the boards.
Fees .— The fee fo r an examination is $5 in Nevada and O h io; $3 in
the District o f Columbia, Maryland, and Pennsylvania; and $1 in
Massachusetts and Missouri. In Minnesota the fee for chief ♦engi
neer’s examination is $7; first class, $5; second class, $3; and special,
$2. In Montana $7.50 is the fee for a license o f the first class, $5
fo r one o f the second class, $3 for one o f the third class, and $2 for
a low-pressure engineer. The fee is fixed by the city in Florida, and
by the board in Georgia and in New Jersey (not over $2).
T erm .— The term is not limited in a number o f States, but is fixed
at one year in Maryland, Montana, Nevada, Ohio, and Pennsylvania,
and two years in Minnesota.
The fee for renewal is $2.50 in Nevada, $2 in Ohio, $1.50 in M ary
land, and $1 in Minnesota, Montana, and* Pennsylvania.
Qualifications.— The qualifications o f applicants are not specifi
cally indicated in most cases, the subject o f fitness being usually left
to the test o f examination, which is to be practical, including tech
nical subjects in a number o f States, especially for licenses o f the
higher grades. Experience o f from one to three years is required in
several laws, and in a few instances an age limit is fixed.
Moral character, 'with special reference to temperate habits, is
mentioned in some laws; while that o f Nevada requires a medical
certificate as to the condition o f heart, sight, and hearing.
Forfeiture o f license on account o f negligence, intoxication, viola
tions o f laws or regulations, etc., is quite generally provided for.
EMPLOYEES ON VESSELS
The employees on steam vessels, etc., required to be licensed before
taking employment are engineers, captains, masters, and pilots on
steam vessels, and operators o f electric, naphtha or gasoline launches
or boats serving as common carriers, the classes included varying in
the different States.
The States, etc., having laws on this subject are:
Maine.— Acts of 1923, cli. 149.
Michigan.— C. L. 5390, 5401, 5413.
Minnesota.— G. $., sec. 4743.
EXAMINATION AND LICENSING OF WORKERS
23
N ew Hampshire.— Acts of 1913, eh. 185.
N ew Jersey.— C. S., pp. 3707, 3709; acts of 1919, ch. 233 (am. 1924, eh. 83).
N ew York.— Con. L., ch. 37, secs. 4, 17 (am. 1918, eh. 190), 33, 34.
Philippine Islands.— L aw s of U. S. Philippine Commission, 1902, Act No. 780
(am. by Nos. 1025, 1317, 1522, 1602).
Washington.— C. and S., secs. 8226, 8233, 8238.
United States.— C. S., secs. 8138, 8200-8209.
Scope .— The law applies to masters, pilots, and engineers in Maine,
Michigan, Minnesota, New Jersey, New York, and Washington; to
captains, masters, pilots, and engineers o f steam vessels, and to op
erators o f electric, naphtha, gasoline, etc., boats used as common car
riers in New Hampshire; to masters, mates, patrons, and engineers
in the Philippine Islands; and masters, chief mates, second and third
mates i f in charge o f a watch, engineers and pilots o f all steam ves
sels, masters o f sail vessels o f over TOO gross tons and o f all other
vessels o f over 100 gross tons carrying passengers for hire, in the
United States. The laws o f the States generally except in terms
those persons who are holders o f a Federal license.
Issue .— The examiners are boards o f steamboat inspectors in New
Jersey, New York, Philippine Islands, and the United States; the
public utilities commission in Maine; the public service commission
in New Hampshire; the State boiler inspectors in Minnesota; and
the State commissioner o f labor in Michigan.
The frequency o f examinations is not prescribed except that in
the Philippine Islands they are to be held monthly in Manila.
Fees .— In several cases the fees charged are not indicated, being
presumably fixed by the boards in their power to make regulations.
There are grades o f licenses prescribed in some laws, while in others
but a single class seems to be contemplated.
The fee for an examination is $10 for an engineer in the Philippine
Islands, and $5 for mates, patrons, and assistant engineers; $5 in
Michigan, New Jersey, New York, find Washington; $2 in Maine,
New Hampshire ($1 for special license restricted to employment on a
single vessel); and $1 in Minnesota. The Federal law forbids the
collection o f any fee for licenses thereunder.
Term .— The term o f the license is one year in Maine, Michigan,
New Jersey, New York, Philippine Islands, Washington, and the
United States (fo r engineers and p ilo ts ); 2 years in Minnesota; and
5 years in the United States for masters and mates.
The renewal fee is designated as $1 in Minnesota, $2 in Maine,
and $3 in New Jersey and New York, and is apparently $5 in
Michigan.
A g e , etc.— Where the age lim it is fixed it is usually 21 years, though
18 and 19 years are set by the Philippine Commission as the ages
at which certain classes o f employees may secure licenses. E x
perience o f from one to three years, varying with the class o f license
applied for, and fit habits and character are also qualifications pre
scribed.
Licenses may be revoked fo r intemperance, incompetence, or viola
tion o f the laws.
CHAUFFEURS
Provisions requiring the registration and licensing o f chauffeurs
are embodied in the laws o f most jurisdictions regulating the opera
24
PART I.— DIGESTS AND SUMMARIES OF LAWS
tion and registration o f motor vehicles. So far as appears, the
entire subject is without legislative control in a few States; while
in the District o f Columbia it is the subject o f regulation by the
District Commissioners.
A distinction is very commonly made between chauffeurs operat
ing for hire and operators who may be owners or members o f the
owner’s fam ily not receiving pay for such services, though the d if
ference is not uniformly made. Where it exists, the age limit for
chauffeurs is frequently higher than for operators, and the fee
charged is greater.
Following are the States having laws on the subject o f licensing:
Alabam a.— Acts o f 1028, No. 290.
Arizona.— R. S., sec. 5136.
Arkansas..— Digest, secs. 7430, 7431.
California.— Acts of 1923, ch. 266, secs. 58-76, 82.
Colorado.— C. L., sec. 1344.
Connecticut.— Acts of 1921, ch. 400 (am. 1923, ch. 257).
Delaware.— R. S., sec. 236 (am. 1923, ch. 5 ) ; Acts of 1921, ch. 193.
Florida.— R. S., secs. 1024-1029.
Georgia.— Acts of 1921, p. 255.
H aw aii.— Acts of 1921, No. 235.
Idaho.-^-C. S., secs. 1606-1608 (am. 1923, ch. 154).
IUinois.— Acts of 1919, p. 669 (am. 1923, p. 546).
Indiana.— A. S., sec. 10476e.
I o w a — Acts of 1919, ch. 275, sec. 2, 11 (am. 1921. ch. 159).
Kentucky.— Acts of 1920, ch. 90.
Louisiana.— Acts of E xtra Sess., 1921, ch. 120.
Maine.— Acts of 1921, ch 211.
Maryland.— Code, art. 56, secs. 143-146 (am. 1918, ch. 85; 1920, ch. 506).
Massachusetts.— G. L., ch. 90, secs. 8, 10-12, 33 (am. 1923, ch. 464).
Michigan.— C. L., sec. 4820 (am. 1919, No. 383).
Minnesota.— G. S., sec. 2638 (am. 1915, ch. 33).
Missouri.— Acts of E xtra Sess., 1921, p. 83.
Montana.— R. C., sec. 1761.
N ew Hampshire.— Acts of 1921, oh. 119, secs. 7, 8, 25.
N ew Jersey.— Acts of 1921, ch. 208.
N ew York.— Acts of 1921, ch. 580, sec. 289 (am. 1924, ch. 360).
Ohio.— G. C., secs. 6296, 6302 (am. E xtra Sess., 1914, p. 248), 6303, 6305.
Oregon.— Acts of 1921, ch. 371, sec. 17.
Pennsylvania.— Statutes, sec. 974 (am. 1923, No. 296).
Philippine Islands.— Acts of 1912, No. 2159.
Porto Rico.— Acts of 1916, No. 75.
Rhode Island.— G. L., ch. 98, sec. 6.
Texas.— Acts of 1917, ch. 207, secs. 25-30.
Utah.— C. L., secs. 3980, 3981.
Vermont.— G. L., secs. 4686, 4687, 4691 (am. 1919, No. 119).
Virginia.— Code, sec. 2129 (am. E xtra Sess., 1919, ch. 35), 2137.
Washington.— Acts of 1921, ch. 108.
W est Virginia.— Acts of 1921, ch. 112, secs. 84, 85.
W h o issue licenses.— Licenses are issued or registration made by
the county judge o f probate in Alabama and by the secretary o f
State in Arizona, Arkansas, Colorado, Delaware, Georgia, Illinois,
Indiana, Iowa, Maine, Michigan, Ohio, Oregon, Utah, Vermont, and
Virginia. The State highway authorities receive and pass upon ap
plications in Louisiana, Pennsylvania, Rhode Island, Texas, and West
V irg in ia ; the commissioner, registrar, or division o f motor vehicles
in California, Connecticut, Maryland, Massachusetts, Missouri, Mon
tana, New Hampshire, New Jersey, and New Y o rk ; the director o f
licenses in Washington; the commissioner o f interior in Porto Rico;
the tax commission in Kentucky; the comptroller in Florida; an
EXAMINATION AND LICENSING OF WORKERS
25
examining board, appointed by the sheriff, subject to a board o f
supervisors, in H a w a ii; the department o f law enforcement, through
the county assessor, in Idah o; the board o f examiners, appointed by
the governor, in Minnesota; and the director o f public works in the
Philippine Islands.
Qualifications.— The provisions as to qualifications are generally
indefinite, although the tendency is toward stricter rules and regula
tions. Some provide that the applicant must demonstrate his ability,
others that he give evidence o f qualifications or pass such examina
tion as may be required; while some require only a statement by the
applicant as to his ability, either with or without supporting affi
davits o f other parties. Applicants must be 18 years o f age in A la
bama, Arkansas, Connecticut, Florida, Idaho, Illinois, Indiana, Iowa,
Louisiana, Maine, Michigan, Minnesota, Missouri, New Hampshire,
New York, Oregon, Porto Rico, Texas, Utah, Vermont, Philippine
Islands; 17 years o f age in New Jersey; 16 years o f age in California
(18 on public vehicles), Delaware (21 for public service perm it),
Georgia, Kentucky, Maryland, Massachusetts, Ohio, Pennsylvania,
Rhode Island; and 15 years o f age in H awaii and Washington (21
years i f transporting passengers fo r hire). Hawaii provides that
the applicant must be free from such physical defects as epilepsy,
heart disease, excessive fainting tendency, feebleness, insanity, or
other similar defects. Michigan w ill refuse license i i applicant is
addicted to the use o f intoxicating liquors or drugs.
Badges .— Badges must be worn by employed chauffeurs in a majority
o f the States, though Maryland provides specifically that no license
badge shall be worn. Photographs are also required in a few States.
Fees .— The fee for a license is $5 in Alabama, Arizona, Hawaii,
Illinois, Louisiana, Maine, New Hampshire, New York, Porto Rico,
and V irgin ia; $3 in Connecticut, Delaware ($4 for public service
vehicles), Maryland, Missouri, New Jersey, Ohio, Texas, Vermont,
and West V irgin ia; $2 in California, Colorado, Florida, Idaho,
Indiana, Iowa, Kentucky, Massachusetts, Michigan, Montana, Oregon,
Pennsylvania ($1 i f no examination required), Rhode Island, and
Utah; and $1.50 in Minnesota; $1 in Arkansas (called registration
and record fee) and Washington; and 2 pesos ($1) in the Philippine
Islands. The term o f license is usually one year, though in Idaho,
Hawaii, Porto Rico, Virginia, and Washington no limitation is indi
cated. The law o f Georgia provides for no fee for examination or
license.
Renewals .— Renewals require the payment o f a fee o f $5 in A la
bama, Louisiana, and V irgin ia; $3 in Connecticut, Illinois, Maine,
Maryland, Missouri, New Jersey, Ohio, Texas, Vermont, and West
V irgin ia; $2 in California, Colorado, Florida, Indiana, Iowa, Ken
tucky, Massachusetts, Michigan, Montana, New Hampshire, New
York, Oregon, Rhode Island, and U tah ; $1 in Arkansas, Minnesota,
Pennsylvania, and Washington (two-year te r m ); and 2 pesos ($1) in
the Philippine Islands.
Suspension, etc.— Licenses may be suspended or revoked for cause,
and specifically for incompetence, intoxication, or violation of the
motor-vehicle law. Operating a car while a license is suspended or
revoked is usually declared a misdemeanor.
26
P A R T I.— DIGESTS A N D SU M M A R IE S OE L A W S
Reciprocity .— Reciprocity between the States is general, sometimes
fo r fixed periods, ranging from two weeks to three months, some
times for such period as the State o f residence recognizes local cre
dentials, and sometimes without fixed limit. Maryland and Massa
chusetts provide for exemptions o f nonresident chauffeurs, but in case
o f violation o f any motor-vehicle law they must immediately register
according to the provisions o f the law.
*
PLU M BERS
The number o f jurisdictions requiring plumbers to be registered,
usually after examination, is larger than that fo r any o f the oc
cupations already considered except chauffeurs. In several States
the power o f regulation is vested by law in the various municipal
authorities. The list o f specific laws is as follows:
Arkansas.— Digest, secs. 7624-7631.
Colorado.— C. L., secs. 4829-4851.
D e la w a re — Acts of 1913, ch. 209.
District of Columbia.— Act of June 18, 1898 (30 Stat. 477).
Illinois.— It. S., eh. 109a, secs. 1-9.
Kansas.— G. S., secs. 985-991.
Kentucky.— Statutes, sec. 3037f (am. 1924, ch. 90).
L ou isiana— Acts of 1924, No. 248.
Maine.— It. S., ch. 19, secs. 116-119.
Maryland.— A. C., art. 43, secs. 223-229
Massachusetts.— G. L., ch. 17, sec. 10 (am. 1922, ch. 481) ; ch. 142, secs. 1-16.
Michigan.— C. L., sees. 6857-6871.
Missouri.— R. S., secs. 8825-8832; Acts of 1921, p. 558.
Montana.— R. C., secs. 5183-5193.
Nebraska.— C. S., secs. 4497-4507.
N ew Hampshire.— Acts of 1899, ch. 55 (am. 1913, ch. 32).
N ew York.— Con. L., ch. 21, secs. 40-57 (am. 1916, ch. 305) ; Acts of 1896,
ch. 803.
Oklahom a— Acts of 1915, ch. 163.
Oregon.— Law s, secs. 3854-3861.
Pennsylvania.— Statutes, secSL 2845-2852, 3522-3528.
Porto Rico.— Acts of 1913, No. 62; Acts of 1919, No. 14.
South Carolina.— Acts of 1914, ch. 386 (am. E xtra Session, 1914, ch. 8 ).
Tennessee.— Code, secs. 2361a-l to 2361a-26.
Texas.— R. C. S., secs. 986-998 (am. 1919, ch. 134).
Wisconsin.— Statutes, secs. 145.03-145.09.
The law o f the State o f Kansas is reproduced as fairly representa
tive o f laws o f this class.
K A NSA S— G E N E R A L STATUTES
Exam ination and licensing of plumbers
S e c t io n 985. License required.— Any person now or hereafter engaging or
working at the business of plumbing in cities of seven thousand population
o r more in this State, either as master plumber or employing plumber or as
a journeyman plumber, shall first receive a certificate thereof in accordance
with the provisions of this a c t
S ec . 986. Exam ination .— Any person desiring to engage in or work at the
business of plumbing, either as a master plumber or employing plumber or
as a journeyman plumber, in cities having a population of seven thousand
or more and a system of water supply or sewerage, shall make application
to a board of examiners hereinafter provided for, and shall at such times
and place as said board may designate be compelled to pass such examination
as to his qualifications as said board may direct. Said examination may be
made in whole or in part in writing and shall be of a practical and elementary
character, but sufficiently strict to test the qualifications of the applicant.
EXAMINATION AND UCENSING OE WORKERS
27
S ec. 987. Boards of examiners.— There shall be in every city of seven thou
sand inhabitants or more a board of examiners of plumbers consisting of three
members, one of which shall be chairman of the board of health, who shall
be ex officio chairman of said board of examiners; a second member, who
shall be a master plumber; and a third member, who shall be a journeyman
plumber. Said second and third members shall be appointed by the mayor
and approved by the council of said city within three months after the pas
sage of this act, for the term of one year from the 1st day of M ay in the
year of appointment, thereafter annually before the 1st day of May, and shall
be paid from the treasury of said city the same as other officers, in such
sum as the authorities may designate.
S ec . 988. Duties of boards.— Said board of examiners shall, as soon as may
be after their appointment, meet, and shall then designate the times and
places for examination of all applicants desiring to engage in or work at
the business of plumbing within their respective jurisdiction.
Said board
shall examine said applicants as to the practical knowledge of plumbing, house
drainage, and plumbing ventilation, and, if satisfied of the competency of such
applicants, shall thereupon issue a certificate to such applicant, authorizing
him to engage in or work at the business of plumbing, either as master plumber
or employing plumber or as a journeyman plumber. The fee for a certificate
for a master plumber or employing plumber shall be five dollars; for a
journeyman plumber it shall be two dollars. Said certificate shall be valid
and have force throughout the State; and all fees received for said certifi
cates shall be paid into the treasury of the city where such certificates are
issued.
S ec . 989. [Requires certain cities to pass ordinances as to plumbing con
struction and inspection.]
S ec . 990. Place of examination.— A ll persons who are required by this act
to take examinations and procure a certificate as required by this act shall
apply to the board in the city where they reside, or to the board nearest their
places of residence.
Scope .— These laws vary greatly in their scope, the laws o f Colo
rado, District o f Columbia, Maryland, and Porto Rico applying
generally within the respective jurisdictions; that o f New York to
all cities, with a special law for the city o f New York, while village
boards o f trustees ma}7 establish license regulations within their
respective jurisdictions; that o f Massachusetts and New Hampshire
to all cities and to all towns accepting its provisions; that of Maine
to all cities and towns having municipal waterworks; that o f
Arkansas to cities o f the first and second class; that of Kentucky
to cities o f the first class; that of Pennsylvania to cities o f the first,
second, and third class; that o f Delaware to the city o f W ilm ing
ton only; while in a number o f the States the law applies where
the population o f the city or town reaches a certain minimum. This
minimum is 10,000 in Illin o is; 7,000 in Kansas; 10,000 in Louisiana;
15,000 in Michigan; 15,000 for towns and cities (with a separate act
for St. Louis County) in Missouri; 3,000 in Montana; 40,000 in
Nebraska; 2,000 in Oklahoma; 4,000 in Oregon; 15,000 in South
Carolina; 25,000 in Tennessee; 5,000 in Texas; and 3,000 in W is
consin. The laws o f Delaware and Nebraska relate only to journey
men, and that o f New Y ork to masters. Apprentices must be regis
tered in Delaware and Montana.
Boards .— The boards are generally local, being appointed by the
mayor in most instances, with the consent of the council, and usu
ally consist o f representatives o f master plumbers and o f journey
men plumbers and an inspector o f plumbing or other official o f the
city or town. Boards acting throughout the entire jurisdiction exist
28
PART I.— DIGESTS AND SUMMARIES OF LAWS
in Colorado, the District of Columbia, Louisiana, Maryland, Massa
chusetts, and Porto Rico.
Examinations .— Examinations are to be held in most States at
the discretion o f the board, but must be held once a month in
Delaware and Tennessee; at least quarterly under the law o f M ichi
gan ; at least once a year in the city o f Baltimore, M d .; whenever
there are three requests on file in Porto Rico; “ frequent examina
tions” in the city o f Boston, and twice each year in five other
cities o f Massachusetts.
Fees .— The fees charged are usually different for masters and
fo r journeymen. The fee for masters is $50 in Illinois; $25 in
Tennessee and Wisconsin; $10 in Colorado and Montana; $5 in
Kansas, Missouri, New York, Oklahoma, Pennsylvania, and South
Carolina; $3 in the District o f Columbia, Maryland, and Texas;
and $2 in Massachusetts. Fees fo r journeymen are $2 in Colorado*
Kansas, Maryland, Montana, South Carolina, Tennessee, Texas,
and Wisconsin; $1 in Delaware, Illinois, Missouri ($1.50 in St.
Louis County), Nebraska, Oklahoma, and Oregon; 50 cents in
Massachusetts and Pennsylvania.
States making no difference in the fees for masters and for jour
neymen are Arkansas and Kentucky, where the amount is $5, re
newable every 5 years; Michigan $2; New Hampshire and Oregon
$1. In Louisiana the matter o f fees is left to the board o f ex
aminers.
T erm .— The term o f the license is not indicated in a number o f
States and would not seem to be limited in them. I t is fixed at five
years in Arkansas and Kentucky, and at one year in Colorado, Dela
ware, Illinois, Louisiana, Massachusetts, Missouri, Montana, N e
braska, New Hampshire, New York, Oklahoma, Oregon, Pennsyl
vania, South Carolina, Tennessee, Texas, and Wisconsin.
Renewal .— Masters5 licenses may be renewed on payment o f $15
in Wisconsin; $10 in Illinois and Tennessee; $5 in Colorado, Mis
souri (cities), New York, and Oklahoma; $2.50 in Montana; $1
in Missouri (St. Louis County) and Pennsylvania. F or journey
men the fee is $1 in Colorado, Illinois, Missouri, Montana, Okla
homa, Tennessee, and Wisconsin; 50 cents in Delaware and
Nebraska, and 25 cents in Pennsylvania. The fee is the same fo r
both classes in the following States: Arkansas and Kentucky, $5,
every five years; $1 in Maryland and Oregon; 50 cents in Massa
chusetts, New Hampshire, and South Carolina. No fee is indicated
for renewals in Michigan and Texas.
Qualifications.— The requirements as to examinations are not ex
plicit in the laws. The examinations are to be “ practical,” or “ theo
retical and practical,” or “ satisfactory.” Good character is men
tioned as a qualification in a few instances; and a minimum age limit
o f 21 years is fixed in the District o f Columbia, and o f 18 years for
journeymen and 21 years for masters in Porto Rico. A number o f
laws state that licenses may be revoked for cause.
New Y o rk and Pennsylvania require master or employing plumb
ers to have a plate or sign on their place o f business, showing that
they are “ licensed plumbers,” while in Oregon proprietors o f
plumbing shops must register such shop or place o f business.
EXAMINATION AND LICENSING OE WORKERS
29
BARBERS
The laws o f 16 States provide for an examination and registration
o f persons following the occupation o f barber. Such laws are con
stitutional as relating to public health. People v. Logan (111. 1918),
193 N. E. 913. In some o f these States the laws include the regula
tion o f schools for the instruction o f barbers as well as prescribing
the qualifications o f practicing barbers. Sanitary conditions o f the
shop, tools, etc., are also usually prescribed or placed under the
power o f the board o f barber examiners. Following is a list o f the
States having such laws:
Colorado.— C. L., sees. 4739-4755.
Connecticut.— G. S., secs. 2971-2981.
Delaware.— R. 0., secs. 920-931.
Georgia.— Acts o f 1914, p. 75 (am. 1920, p. 109).
Illinois.— R. S., ch. 16b (am. 1923, p. 165).
Kansas.— G. S., secs. 10326-10336.
Maryland.— A. C., art. X L I I I , secs. 209-222.
Michigan.— C. L., secs. 6828-6848 (am. 1917, No. 178; 1921, No. 127).
Minnesota.— Acts of 1921, ch. 424 (am. 1923, ch. 243).
Missouri.— Acts of 1921, p. 156.
North Dakota.— R. C., secs. 349-363; Acts of 1909, ch. 46.
Oregon.— Laws, secs. 8267-8278.
Rhode Island.— G. L., ch. 156, secs. 1-16.
Utah.— C. L., secs. 360-378 (am. 1919, ch. 3 ; 1921, ch. 5).
Washington.— Acts of 1923, ch. 75.
Wisconsin.— Statutes, secs. 158.01-158.11.
The law o f Illinois (R . S., ch. 16b) is representative o f this class
o f legislation. Examinations are conducted and certificates o f reg
istration issued by the State department o f registration and educa
tion, superseding the State board o f examiners named in the original
act. The essential sections follow :
I L L I N O I S — R E V IS E D
STATUTES
C h a p t e r 16b.— Exam ination , etc., of barbers
S ectio n 7. Applications for examination.— Any person desiring to obtain a
certificate of registration under this act shall make application to such board
therefor, pay to the treasurer of said board an examination fee of three (3 )
dollars, present himself at the next regular meeting of the board for the ex
amination of applicants, and if he shows that he has studied and practiced
the trade fo r three (3 ) years as an apprentice under one or more practicing
barbers, or for at least three (3 ) years in a properly appointed and conducted
barber school under the instructions of a competent barber, or practiced the
trade for at least three (3 ) years in this State or other States, and that he is
possessed of the requisite skill in such trade to properly perform aU the duties
thereof, including liis ability in the preparation of the tools, shaving, hair
cutting, and all the duties and services incident thereto, and has sufficient
knowledge concerning the common diseases of the face and skin to avoid the
aggravation and spreading thereof in the practice of said trade, his name shall
be entered by the board in the register hereafter provided for, and a certifi
cate of registration shall be issued to him authorizing him to practice said
trade in this State. A ll persons making application for examination under
the provisions of this act shall be allowed to practice the occupation of barbering until the next meeting of the board, and the board shall issue a permit
authorizing him to practice said trade until the next meeting of the board.
S ec . 8. Apprentices and students.— Nothing in this act shall prohibit any
person from serving as an apprentice in said trade under a barber authorized
to practice the same under this act, or from serving as a student in any barber
school for the training of students in such trade under the training of a
so
PART I.— DIGESTS AND SUMMARIES OF LAWS
qualified b arb er: Provided , That such -apprentice or student shall apply to
said board to have his name registered with said board in a book which shall
be kept by the board fo r the registering o f apprentices and .students and secure
a permit to practice as a n apprentice or student under the instructions o f a
qualified barber. A fter having practiced the trade for three (3 ) years under
a qualified barber such apprentice or student shall be eligible to become a
registered barber and present him self at the next meeting of the board held
nearest to him for the examination of applicants, and pay the fee o f three (3.)
dollars for examination a s provided in section 7.
S ec . 9. Vards .— Said board shall furnish to each person to whom a certificate
o f registration is issued a card or an insignia bearing the seal of the board
and the signature of its president and secretary, certifying that the holder
thereof is entitled to practice the occupation of barber in this State, and it
shall be the duty of the holder of such card or insignia to post the same in a
conspicuous place in front of his working chair where it may readily be seen
by all persons whom he may serve. Said card or insignia shall be renewed
on or before the first day of July in each year, and the holder of said certificate
of registration shall pay to the treasurer of said hoard the sum of one (1 )
dollar for said renewal card or insignia. Upon failu re of any holder of a
certificate of registration to apply for a renewal of his card or insignia on or
before the first day of July in each year, his said certificate of registration
may be revoked by said board, subject to the provisions of section 11 of this
act.
S ec . 10. Register.— Said board shall keep a register in which shall be entered
the names of all persons to whom certificates are issued under this act, and
said register shall be at all times open to public inspection.
S ec . 11. Rules for sanitation .— Said board shall be authorized to adopt
reasonable rules providing fo r the sanitary regulation of barber shops, sub
ject to the approval of the State hoard of health, and shall have the power to
enter any barber shop during business hours for the purpose of inspection
of such shops. I f any shop be found in an unsanitary condition, or if any
barber working therein has been charged with imparting any contagious or
infectious disease, the board shall immediately notify the health officer thereof,
and such shop shall be quarantined and the barber so charged shall not prac
tice his occupation until such quarantine shall be removed by the health officers.
Said board shall have the power to revoke any certificate of registration
granted by it under this act, for conviction of crime, habitual drunkenness for
six months immediately before a charge duly made, gross incompetency, failure
to comply with the sanitary rules approved by the State board of health, or for
having imparted any contagious or infectious disease: Provided , That before
any certificate shall be so revoked, the holder thereof shall have notice in w rit
ing of the charge or charges against him, and at a day specified in said notice
at least five (5 ) days after the service [o f] notice thereof, be given a public
hearing and be given an opportunity to present testimony in his behalf, and to
confront the witnesses against him. Any person whose certificate has been re
voked may after the expiration of ninety (90) days apply to have his certifi
cate regranted, and the same shall be regranted to him upon his giving satis
factory proof that his disqualification has ceased to exist.
S ec . 12 (am. 1923, p. 165). [Defines barbering].
S e c . 13 (am. 1923, p. 165). [Prescribes penalties for acting without license or
fo r fraud or violations.]
The laws are usually o f uniform application throughout the State.
The law o f Delaware, however, applies only to the city o f W ilm ing
ton, that o f Georgia and o f Missouri to cities and towns having a
population o f 5,000 or more, while the law o f Rhode Island applies
only to cities and to such towns as adopt its provisions by action o f
the town council.
The principal features of the laws of the various States are noted
under the following heads.
E x a m in e r s .—State boards of examiners are provided for in prac
tically every State, appointment to be made by the governor. In
Maryland, local boards, and in Michigan, deputies, may be ap
pointed by the State board. In Kansas the State board of health
EXAMINATION AND LICENSING OF WORKERS
31
passes on the qualifications o f the members, while in Wisconsin ap
pointments are made by a similar body.
Examinations .— The most usual provision is for at least four ex
aminations per year in as many localities in the State, times and
places and additional examinations being within the discretion o f the
board. Only one examination per year is required by the law o f
Delaware, while in Maryland examinations are to be held at such
times and places as the State board determines.
Fees .— The fee for examination is $5 in most instances, but is $3 in
Illinois, while in Wisconsin ifc is $5 for a journeyman’s license and $2
for a master’s license, the examination to be taken only by the holder
o f a journeyman’s license.
Barbers practicing at the time the laws come into effect are usually
allowed to register without examination on the payment o f a fee,
sometimes equal to the fee for renewal and sometimes larger but
less than for examination.
Certified barbers from other States may be registered on the pay
ment o f a fee o f $1 in Connecticut, $3 in Michigan, and $5 in Minne
sota and Washington.
In most States the license must be renewed annually, the most
frequent charge being $1. In Wisconsin the fee for renewal o f a
master’s license is $2, and it is apparently expected that journeymen
w ill take a master’s examination before the expiration o f their first
certificate. In Michigan a barber whose license has lapsed must pay
$2 for a renewal. No provision for expiration or renewal appears
in the Maryland law.
Apprentices .— The registration o f apprentices is required in Colo
rado, Delaware, Georgia, Illinois, Kansas, Michigan, Minnesota,
Missouri, North Dakota, Oregon, Rhode Island, Utah, Washington,
and Wisconsin. The number is limited by law to one in each shop
in Colorado and Oregon, one to each barber in Delaware, and one
to each two barbers in Minnesota, Missouri, and North Dakota,
though at least one may be employed in each shop. No fee for their
registration seems to be contemplated in Colorado, Illinois, Minne
sota, Rhode Island, Washington, and Wisconsin. A fee o f 50 cents
is required in Delaware and Georgia, $1 in Michigan and Oregon,
$2 in Missouri and North Dakota, $2.50 in Utah with $1 renewal,
and $5 in Washington, which apparently entitles to examination
after six months and within one year.
Quali-fieations of applicants.— Common requirements are that ap
plicants must be at least 19 years o f age, free from infectious, con
tagious, or blood diseases (a few States require a physician’s certif
icate), o f good moral character, have studied in a recognized school
or served an apprenticeship under a competent barber for three
years, or practiced the occupation for the same length o f time in
another State, be skilled in the use, care, and disinfection o f tools,
and have a knowledge o f skin diseases sufficient to avoid their ag
gravation or spread.
Utah admits applicants o f the age o f 18 years. The Illinois,
Michigan, North Dakota, and Washington laws make no mention
o f age.
The term of apprenticeship may be as short as one year in Kansas,
Utah, and Washington, and two years in Michigan, Minnesota,
32
PART I.----DIGESTS AND SUMMARIES OF LAWS
Missouri, Khode Island, and Wisconsin. Where instruction is given
in a barber school the board may be authorized to judge o f the
school’s competency and the sufficiency o f the instruction given; or
the law may require that the instruction be given in a “ recognized ”
or “ properly organized ” barber school.
Forfeiture o f license.— Licenses may be revoked under the laws o f
nearly every State for conviction o f crime, habitual drunkenness,
gross incompetency, failure to comply with sanitary or other regula
tions, or for having or imparting an infectious or contagious disease.
Such licenses may be renewed, usually after a fixed period, on proof
that the disqualifying cause has been removed.
Sanitary requirements.— Provisions classifiable under this head
vary more widely than any o f the above, varying from requirements
o f a detailed nature embodied in the law to a simple authorization
o f the board to devise and enforce suitable regulations. The law o f
Maryland makes no reference to the subject. Specific provisions
are found prohibiting the employment or continuance in employ
ment o f any person afflicted with any communicable disease, requir
ing tools to be sterilized after using, and that towels be boiled and
laundered before a second usage, that blood be stopped by the use
o f a liquid or powder only, and that shops be not used for sleeping
purposes. Shaving persons with inflamed or erupted faces is fo r
bidden in some States.
Besides the States listed above, the following have sanitary regu
lations for the conduct o f barber shops, embodying provisions simi
lar to those noted:
Alabama.— Code, secs. 1117-1132.
Nevada.— R. L. 1919, pp. 2641, 2642.
N ew Hampshire.— Acts of 1907, ch. 142.
Vermont.— G. L., secs. 6255-6257.
OPERATORS OF MOVING PICTURE MACHINES
License to operate cinematographs or similar apparatus is re
quired in several States, issue to be preceded by such a test o f the
applicant’s knowledge as w ill satisfy the authorities o f his compe
tency. States having such laws are:
Maine.— R. S., ch. 32, sec. 16.
Maryland.— Acts of 1910, ch. 693 (am. 1912, ch. S14; 1918, ch. 195).
Massachusetts.— G. L., ch. 143, sees. 75-81.
Michigan.— C. L., secs. 7175, 7176.
New Jersey.— Acts of 1912, ch. 331.
New York.— Acts of 1911, ch. 252 (am. 1916, ch. 184).
Rhode Island.— G. L., ch. 174, see. 3.
South Dakota.— R. 0., sec. 9141.
Scope.— These laws are usually brief and simple in form, but pre
sent considerable variety. In New Y o rk they relate to cities o f the
first class, in Maryland to Baltimore only, and in New Jersey to
certain cities adopting specific governmental requirements, any action
with regard to moving picture operators being optional.
Issue.— Licenses are granted by the municipal officers in Maine,
by a board appointed by the governor in Maryland, by an inspector
o f public safety in Massachusetts, by local licensing officers designated
by the mayor in New York, and by fire commissioners or fire wardens
in Rhode island. In Michigan the State fire marshal and in South
. EXAMINATION AND LICENSING OF WORKERS
33
Dakota the commissioner o f insurance is authorized to inquire into
the competency o f any operator and require him to cease employ
ment until any discovered incompetency is removed; no provision
is made in these States for the granting o f a license.
Fees^ etc.— The fee charged may not exceed $5 annually in Maine,
is fixed at $10 in Maryland with a renewal fee o f $5, is $3 in Massa
chusetts with $1 as renewal fee, and $1 in Rhode Island, the fee for
renewals being the same. No mention is made o f a fee in the New
Y ork law, the subject being probably left within the power o f the
licensing officer as to rules and regulations. The term o f licenses is
uniformly one year. Operators must be 18 years o f age’ in Maine,
Michigan, New Jersey, Rhode Island, and South Dakota, 21 in
Maryland, Massachusetts, and New York. Six months’ experi
ence is required in Maryland and New York. Licenses may be re
voked for cause.
AVIATORS
The operation o f airplanes is so attendant with possibilities o f
hazard, public as well as private, that legislation regulating the
privilege would seem fu lly warranted. Steps in this direction were
first taken in Connecticut in 1911, the owners o f aircraft being re
quired to register and operators to procure a license after examina
tion or proof o f skill. Laws are now in effect as follow s:
California.— Acts of 1921, ch. 783.
Connecticut.—Acts of 1921, ch. 207 (am. 1923, ch. 243).
H aw aii.— Acts of 1923, No. 109.
Maine.— Acts of 1921, ch. 161.
Massachusetts.— G. L., ch. 90, secs. 35-42. (am. 1922, ch. 534.)
Oregon.— Acts o f 1921, ch. 45 (am. 1923, ch. 202).
/Scope, issue.— W hile the increase in the number o f airplanes is
undoubtedly the occasion o f the enactment o f these laws, some o f
them also refer to balloons, free as well as dirigible. License is
granted by the motor-vehicle department in California, Connecticut,
and Massachusetts, by special boards or individuals appointed by
the governor in Hawaii and Oregon, and by the secretary o f State
in Maine. In Massachusetts the examination is conducted by a
board o f experts headed by the registrar o f the motor-vehicle de
partment.
Fees .— The fee for examinations is not over $25 in California and
Connecticut, and $5 in Massachusetts and Oregon. A n added fee
o f $5 for license is charged in Massachusetts and $10 in Oregon.
No mention is made o f a fee in other jurisdictions. Persons shown
to be qualified without examination, as by holding certificates from
associations interested in aeronautics, may receive licenses in Cali
fornia and Connecticut on the payment of a fee o f $2. Licenses are
valid for one year in California, Connecticut, Hawaii, Massachusetts,
and Oregon, no reference to term being made in Maine. The fee
for renewal is $5 in Massachusetts and $10 in Oregon, no charge
being noted in the other jurisdictions.
A g e , etc.— The age o f applicants is mentioned only in California,
where it is 19 years, and in Oregon, wThere 18 years is the minimum.
The examinations determine qualifications, both technical and practi
cal ; and licenses may be revoked for cause.
105446°— 25----- 3
34
PART I.— DIGESTS AND SUMMARIES OP LAWS
ELECTRICIANS
Persons engaging in the business o f installing wires and equip
ment for the conveyance and use o f electric current must secure li
censes, after examination, in the following States:
Massachusetts.— G. L., ch. 141 (am . 1921, ch. 221).
Minnesota.-—G. S. sec. 5082-5089.
Tennessee.— Code, secs. 2202a-2202a-18.
Washington.— Acts of 1919, ch. 204.
W h o to issue.— Examinations and the granting o f licenses are in
the hands o f the board o f State examiners in Massachusetts and
Minnesota, o f local boards in cities o f over 35,000 in Tennessee, and
o f the secretary o f state in Washington, where the law is restricted
in its application to cities o f the first, second, and third class.
Fees .— In Massachusetts two grades o f license are issued— masters’
and journeymen’s. The fee for the former for examination and
original license is $25 and for the latter $5. The Minnesota law
provides for three classes of license— masters, journeymen, and
special, the last being available for persons1employed to operate
electric light or power apparatus and keep the same in repair. Only
masters’ licenses are issued in Tennessee, while in Washington a
license is required fo r every person, firm, or corporation desiring to
engage or continue in the business o f installing wires to convey elec
tric current or electric apparatus to be operated by such current.
The fee in Minnesota is $5 for master’s certificate, $3 for a journey
man, and $2 for a special license; in Tennessee the fee is $25 and in
Washington, $15.
T erm , etc.— Licenses have annual terms in Massachusetts, Ten
nessee, and Washington and biennial terms in Minnesota. The
fees for renewal are $15 in Massachusetts for a master’s license and
$1 for a journeyman’s; in Minnesota, apparently, and in Washington,
by specific designation, the fee is the same as for an original issue;
while in Tennessee the fee for renewal is $10. Reference to age is
made only in Minnesota, where masters and journeymen must be at
least 21 and have had three years’ experience. Special licenses may
be issued to persons under 21 years o f age who have had two years’
experience. In Tennessee three years’ experience is required.
MISCELLANEOUS
Autom obile mechanics.— A n Oregon statute (Laws, secs. 68046813) creates a “ board o f automobile mechanics’ examiners ” charged
with the duty o f examining and licensing persons who work for hire
and hold themselves out to work fo r hire upon any automobile or
auto truck. Engaging in such work without a license is forbidden,
except that licensed mechanics may each have one helper or appren
tice who need not be licensed but must work only under the direction
o f such duly licensed automobile mechanic. The fee for examina
tion and licensing is $5, annual renewals being made on the payment
o f a similar sum. Licenses may be revoked fo r incompetency or any
other good and sufficient cause.
Beauty 'parlors.— The inspection o f beauty parlors is provided for
by a Wisconsin law (Stats., secs. 159.01-159.05). No person may be
a manager, operator, or apprentice o f any such parlor without a
EXAMINATION AND LICENSING OF WOBKEBS
35
license, a board o f examiners for this purpose being appointed by the
State board o f health. Apprentices may be licensed upon applica
tion without charge. A fte r 6 months5 practice under the super
vision o f a licensed manager they may receive an operator’s license
on the proof o f such practice and the payment o f $2. A n operator
may be licensed as a manager after one year’s service under a licensed
manager on passing an examination, submitting proof o f education
equivalent to the eighth grade, and the payment o f a license fee o f
$15. Annual renewals are made for $2 for operators’ fees and $10
for managers’ licenses.
A law o f Louisiana (No. 135, acts o f 1924) creates a board o f
cosmetic therapy, with power to adopt rules and regulations for the
sterilization and sanitation o f places and equipment used for and in
the practice o f cosmetic therapy or beauty culture. Examination
and licensing are prescribed, applicants to be at least 18 years o f
age, o f good moral character, have an education at least equivalent
to nrst year high school, and have taken a course in an approved
school o f cosmetic therapy, or passed a satisfactory examination
showing fitness to become a registered cosmetician. Apprentices
must be registered. Trained nurses and barbers are exempt, as are
physicians and commissioned surgical officers o f the United States
Arm y, Navy, or Marine Hospital Service. P rior practitioners or
graduates are exempt from examination, but must pay the fee for
registration, which is $5 fo r residents o f the State, and $15 for
nonresidents; renewals cost $1. The fee for an examination is $5,
and for apprentice registration $1.
Elevator operators.— In the State o f Minnesota (G. S., sec. 1432)
persons desiring to operate passenger elevators in cities o f the first
class must be licensed by a building inspector. The fee for issuing
a license is 25 cents after proof o f experience and ability and an ex
amination on the subject o f the construction o f elevators.
Hoisting-machine operators.— According to a law o f Massachusetts
(G. L., ch. 146, secs. 53, 55-59, 64, 65) all persons operating derricks,
cableways, machinery for discharging cargoes, and temporary ele
vator cars used in excavation work or hoisting building material
where mechanical power other than steam is employed must secure
a license. Licenses are issued after a practical examination by a
member o f the boiler inspectors’ department o f the district police.
A fee o f $1 is charged. The license continues in force until sus
pended or revoked for cause.
Mason contractors.— In cities o f Illinois having a population o f
150,000 inhabitants or over, mason contractors or employing masons
must obtain a license after a practical examination by a local board
o f examiners (R . S., ch. 48, secs. 177-183). Licenses thus issued are
valid throughout the State for a period or one year. Fees for exami
nation and for renewal are fixed by the common council o f the cities
to which the law applies.
FEDDLEBS’ LICENSE—EXEMPTION OF MECHANICS
The States which require peddlers generally to procure a license
before engaging in their business, but which exempt persons selling
36
P A R T I .— D IG E ST S A N D S U M M A R IE S OP L A W S
goods o f their own manufacture from this requirement, are as fo l
lows:
Arkansas.— Digest, secs. 9793, 9794.
Delaware.— R. C., sec. 208.
Iowa.— Code Snpp., 1913, see. 1347a.
Louisiana.— Acts of 1898, No. 171 (am. 1904, No. 49).
Michigan.— C. L., sec. 6975.
N ew Hampshire.— Acts of 1897, ch. 76 (am. 1907, ch. 114).
North Carolina.— Con. S., sec. 7820.
Ohio.— G. C., sec. 6355.
Pennsylvania.— Statutes, sec. 16701.
Rhode Island.— G. L., ch. 219, sec. 12.
EM IG RANT AGENTS
The activities o f agencies recruiting labor in one State for em
ployment in another have been subject to restrictive legislation in
Hawaii, Philippine Islands, and in several Southern States fo r a
number o f years. Most drastic and sweeping in its terms is the act
passed by the Legislature o f Alabama in 1923, which fixes the license
fee at $5,000 per annum fo r each county in which such an emigrant
agent does business. E very agent or employee o f such agent must
have a license, for which the same amount is p aid ; $5,000 must also
be paid for each county through which the agent or a representative
accompanies the recruited laborers in any conveyance to their desti
nation. A bond and references are also required. The law o f V ir
ginia requires such agents to comply with the State law as to em
ployment agencies. Labor organizations directing their members to
places o f employment are exempt. F a irly representative is the law
o f Mississippi, which was declared constitutional by the supreme
court o f the State (Garbutt v. State, 77 So. 189). The text o f the
law follows:
M IS S IS S IP P I— A C T S O F 1912
C hapter 94.—Em igrant agent
S ection 1. License fee.— Each emigrant or employment agent, or person en
gaged in hiring laborers, or soliciting emigrants or laborers in this State to
go beyond the limits of the State, must pay an annual license of five hundred
dollars ($500) in every county in which he operates or solicits emigrants or
laborers, which amount must be paid into the State treasury fo r the use of
the State.
S ec. 2. Acting without license.— A ny person doing the business of emigrant
or employment agent without having first obtained a license, as required by
law, shall be guilty of a misdemeanor, and, upon conviction, shall be punished
by fine of not less than five hundred dollars ($500) and not more than five
thousand dollars ($5,000), or may be imprisoned in the county jail, or sen
tenced to hard labor fo r the county for not less than one month nor more
than six. months, within the discretion of the court
The States having laws on this subject are:
Alabam a— Code, secs. 696-699, 3980-3984
Florida.— G. S., secs. 888, 5317.
Georgia.— Penal C., sec. 632 (am. 1920, p. 8 7 ) ; acts of extra session, 1917,
p. 88.
H aw aii.— R. L., secs. 2016-2024.
Mississippi.— Acts of 1912, ch. 94.
North Carolina.— Con. S., secs. 7796, 7852.
Philippine Islands.— Acts of 1915, No. 2486.
South Carolina.— Cr. Code, sec. 896.
m e c h a n ic s ’ l ie n s
37
Tennessee.— Acts of 1923, ch. 75.
Virginia.— Code, Appendix, secs, 128, 129 (am. 1924, ch. 452).
W est Virginia.— Code, sec. 1240 (am. 1923, ch. 36).
MECHANICS* LIENS
CHATTELS
Thft common law gave a mechanic or artisan making or repairing
any article o f personal property at the request o f the owner or other
properly authorized person a lien thereon fo r the value o f his serv
ices. Where there is a contract price, recovery is limited to that
amount. In many States statutes have been enacted providing spe
cifically fo r the enforcement and discharge o f such liens, separate
laws being frequently enacted fo r specific classes o f objects, as work
on vehicles, on watches and jewelry, fo r horseshoeing, blacksmith
work, automobiles, etc. In some jurisdictions, however, the common
law lien is the sole recourse in cases o f this nature; while in others a
general law prescribes the processes to be observed in all cases o f
chattel liens.
Illustrative o f the chattel lien law is that o f Illinois, which is o f
general application. I t is as follows:
IL L IN O IS — A C T S O F 1921
Chattel liens
(P. 508)
S e c t io n 1. Who may have liens.— Every person, firm, or corporation who
has expended labor, skill, or materials upon any chattel, or has furnished stor
age for said chattel, at the request of its owner, reputed owner, or authorized
agent of the owner, or law fu l possessor thereof, shall have a lien upon such
chattel beginning on the date of the commencement of such expenditure of
labor, skill, and materials or of such storage for the contract price for all such
expenditure of labor, skill, or materials, or fo r all such storage, or in the ab
sence of such contract price, for the reasonable worth of such expenditure of
labor, skill, and materials, or of such storage, for a period of one year from and
after the completion of such expenditure of labor, skill, or materials, or of
such storage notwithstanding the fact that the possession of such chattel has
been surrendered to the owner, or law fu l possessor thereof.
S e c . 2. Lim itation; notice.— Such lien shall cease at the expiration of 60
days from the date of delivery of such chattel to the owner thereof, or his
duly authorized agent, unless the lien claimant shall within said 60 days, file
in the office of the recorder of deeds of the county in which said labor, skill,
and materials were expended on such chattel, or storage furnished for such
chattel, a lien notice, which notice shall state the name of the claimant, the
name of the owner or reputed owner, a description of the chattel sufficient
fo r identification, upon which the claimant has expended labor, skill, and
material, or has furnished storage, the amount for which the lien is claimed,
and the date upon which such expenditure or storage w as completed, which
notice shall be verified by the oath of the claimant, or by some one in his
behalf, having personal knowledge of the facts, and may be in substantially the
following form :
_______Claimant v ---------- Defendant.
Notice is hereby given that_______claims a lien upon--------------------(describe
the property) for, and on account of labor, skill, and materials expended upon,
and storage furnished for the--------- (property) ; that the name of the owner
or reputed owner, is----------that the said labor, skill, and materials were ex
pended, or storage furnished upon the said property between the--------- day of
_______, and the_______ day of_______ , and the rendition of the labor, skill, and
materials so expended, or storage furnished by the claimant above named was
completed on the_______day of_______ ; that 60 days have not elapsed since
that time; that the amount claimant demands for said labor, skill, and ma-
38
PART I.— DIGESTS AND SUMMARIES OF LAWS
terials so expended, or storage furnished, is $--------- ; that no part thereof has
been paid except $_______; and that there is now due and remaining unpaid
thereon, after deducting all just credits and offsets, the sum of $--------- , in
which amount he claims a lien upon said property.
( S i g n e d ) --------------------------------(C laim ant)
Address of c la im a n t________________________
S t a t e o p I l l i n o i s ,)
County of____
I , _______, being first duly sworn, on oath say that I a m _______named in the
foregoing claim ; that I have heard the same read, and know the contents there
of, and believe the same to be true.
Subscribed and sworn to before me this--------- day of.
S e c . 3. Recording.— Upon presentation of such notice to the recorder of
deeds of any county, it shall be the duty o f the said recorder of deeds to file
the same in his office and to index the same in a book to be kept by him for
that purpose and called “ index of liens upon chattels.” The recorder of deeds
shall be entitled to charge and receive from the person filing such a notice of
lien the same fee received by him for the recording of other written instru
ments.
S e c . 4. Rank .— The lien created by this act shall be subject to the lien of
any bona fide chattel mortgage upon the same chattel recorded prior to the
commencement of any lien herein created, but said lien herein created shall
be in addition to, and shall not exclude, any lien now existing at common law.
S e c . 5. Discharge.— Any lien provided for in this act may be released and
discharged by the lien claimant, or his agent, filing for record with the
recorder of deeds a satisfaction piece, which shall be acknowledged in the
same manner as provided by law for the acknowledgment of deeds, which
shall also be indexed in the “ index o f liens upon chattels.” The owner of
said chattel may also file with the recorder of deeds any written document
which would show or tend to show the nonexistence, satisfaction, or termina
tion of such lien, which written document shall also be indexed in the “ index
o f liens upon chattels.”
S e c . 6. [Provides in detail a method of procedure for foreclosing liens. See
sec. 8.]
*
S e c . 7. Costs.— In all cases where suit is brought in the circuit court of
any county in the State of Illinois for the purpose of foreclosing the lien herein
provided, the court shall, upon entering judgment for the complainant, allow
as a part of the costs in said suit all moneys paid, if any, for the foreclosure
by advertisement and sale of the chattel under section 6 of this act, together
with the costs of filing and recording such lien and certified copies thereof.
S e c . 8 . Validity , enforcement.— The invalidity of any section or sections of
this act shall not affect the validity of the remainder of this a c t I f for any
reason section 6 of this act shall be held to be invalid, the liens provided
fo r in this act may be foreclosed by bill in equity in the circuit court of
any county in the State o f Illinois having jurisdiction of the persons or the
subject matter.
LIENS ON REALTY
In the various States o f the Union a lien is charged by statute
on the real estate benefited by the erection or repair o f buildings or
by other improvements, to secure to laborers, contractors, subcon
tractors, and material men the payment o f the wages or other sums
due them fo r labor done or materials furnished under proper con
tract, oral, or written.
A s fa irly representative o f such statutes, the law enacted by the
Congress o f the United States to control the subject o f liens in the
District o f Columbia is here reproduced, certain sections relating
to proceedings in court and to the liens o f innkeepers and liverymen
being omitted.
m e c h a n ic s ’ l ie n s
39
D IS T R IC T O F C O L U M B IA — C O D E
Liens on real estate
S e c t io n 1287. Lien given for what.— Every building erected, improved, added
to, or repaired by the owner or his agent, and the lot of ground on which the
same is erected, being all the ground used or intended to be used in connection
therewith, or necessary to the use and enjoyment thereof, to the extent of the
right, title, and interest, at that time existing, of such owner, whether owner
in fee or of a less estate, or lessee for a term of years, or vendee in possession
under a contract of sale, shall be subject to a lien in favor of the contractor
with such owner or his duly authorized agent for the contract price agreed
upon between them, or, in the absence of an express contract, fo r the reason
able value of the work and materials furnished for and about the erection,
construction, improvement, or repair of or addition to such building, or the
placing of any engine, machinery, or other thing therein or in connection
therewith so as to become a fixture, though capable of being detached:
Provided , That the person claiming the lien shall file the notice herein pre
scribed.
S e c . 1238. Piling notice.— Any such contractor wishing to avail himself of
the provision aforesaid, whether his claim be due or not, shall file in the
office of the clerk of the supreme court of the District during the construction
or within three months after the completion of such building, improvement,
repairs, or addition, or the placing therein or in connection therewith of
any engine, machinery, or other thing so as to become a fixture, a notice of
his intention to hold a lien on the property hereby declared liable to such
lien for the amount due or to become due to him, specifically setting forth the
amount claimed, the name of the party against whose interest a lien is
claimed, and a description o f ‘the property to be charged, and the said clerk
shall file said notice and record the same in a book to be kept fo r the purpose.
S e c . 1239. Subcontractors, etc.— Any person directly employed by the origi
nal contractor, whether as subcontractor, material man, or laborer, to furnish
work or materials for the completion of the work contracted for as aforesaid,
shall be entitled to a similar lien to that o f the original contractor upon his
filing a similar notice with the clerk of the supreme court of the District to
that above mentioned, subject, however, to the conditions set forth in the
following sections.
S ec. 1240. Scope of lien.— A ll such liens in favor of parties so employed by
the contractor shall be subject to the terms and conditions of the original con
tract except such as shall relate to the waiver of liens and shall be limited to
the amount to become due to the original contractor and be satisfied, in whole
or in part, out of said amount o n ly ; and if said original contractor, by reason
of any breach of the contract on his part, shall be entitled to recover less than
the amount agreed upon in his contract, the liens of said parties so employed
by him shall be enforceable only for said reduced amount, and i f said original
contractor shall be entitled to recover nothing said liens shall not be enforce
able at all.
S e c . 1241. Notice to owner.— The said subcontractor or other person em
ployed by the contractor as aforesaid, besides filing a notice with the clerk of
the supreme court as aforesaid, shall serve the same upon the owner of the
property upon which the lien is claimed, by leaving a copy thereof with said
owner or his agent, if said owner or agent be a resident of the District, or if
neither can be found, by posting the same on the premises; and on his failure
to do so, or until he shall do so, the said owner may make payments to his
contractor according to the terms of his contract and to the extent of such
payments the lien of the principal contractor shall be discharged and the
amount fo r which the property shall be chargeable in favor of the parties so
employed by him reduced.
S e c . 1242. Owner bound.— A fter notice shall be filed by said party em
ployed under the original contractor and a copy thereof served upon the owner
or his agent as aforesaid, the owner shall be bound to retain out of any subse
quent payments becoming due to the contractor a sufficient amount to satisfy
any indebtedness due from said contractor to the said subcontractor, or other
persons so employed by him, secured by lien as aforesaid, otherwise the said
party shall be entitled to enforce his lien to the extent of the amount so ac
cruing to the principal contractor.
40
PART I.— DIGESTS AND SUMMARIES OP LAWS
S e c . 1243. Statement of terms.— Any subcontractor or other person employed
by the contractor as aforesaid shall be entitled to demand of the owner or his
authorized agent a statement of the terms under which the work contracted
for is being done and the amount due or to become due to the contractor execut
ing the same, and if the owner or his agent shall fa il or refuse to give the said
information, or w illfully state falsely the terms of the contract or the amounts
due or unpaid thereunder, the said property shall be liable to the lien of the
said party demanding said information, in the same manner as if no payments
had been made to the contractor before notice served on the owner as aforesaid.
S e c . 1244. Advance payments.— I f the owner, fo r the purpose of avoiding the
provisions hereof, and defeating the lien of the subcontractor or other person
employed by the contractor, as aforesaid, shall make payments to the con
tractor in advance o f the time agreed upon therefor in the contract, and the
amount still due or to become due to the contractor shall be insufficient to sat
isfy the liens of the subcontractors or others so employed by the contractor, the
property shall remain subject to said liens in the same manner as if such pay
ments had not been made.
S e c . 1245. Rank of lien.— The lien hereby given shall be preferred to all judg
ments, mortgages, deeds of trusts, liens, and incumbrances which attach upon
the building or ground affected by said lien subsequently to the commencement
o f the work upon the building, as well as to conveyances executed, but not
recorded, before that time, to which recording is necessary, as to third persons;
except that nothing herein shall affect the priority of a mortgage or deed
of trust given to secure the purchase money for the land, if the same be recorded
within ten days from the date of the acknowledgment thereof. W hen a mort
gage or deed of trust of real estate securing advances thereafter to be made
fo r the purpose of erecting buildings and improvements thereon is given, or
when an owner of lands contracts with* a builder for the sale of lots and the
erection of buildings thereon, and agrees to advance moneys toward the erection
of such buildings, the lien hereinbefore authorized shall have priority to all
advances made after the filing of said notices of lien, and the lien shall attach
to the right, title, and interest of the owner in said building and land to the
extent of all advances which shall have become due after the filing of such
notice of such lien, and shall also attach to and be a lien on the right, title,
and interest of the person so agreeing to purchase said land at the time of the
filing of said notices of lien. W hen a building shair be erected or repaired by
a lessee or tenant for life or years, or a person having an equitable estate or
interest in such building or land on which it stands, the lien created by this
act shall only extend to and cover the interest or estate of such lessee, tenant,
or equitable owner.
S e c . 1246. Enforcement.— The proceeding to enforce the lien hereby given
shall be a bill in equity, which shall contain a brief statement of the contract
on which the claim is founded, the amount due thereon, the time when the
notice was filed with the clerk, and a copy thereof served on the owner or his
agent, if so served, and the time when the building or the work thereon was
completed, with a description of the premises and other material facts; and
shall pray that the premises be sold and the proceeds of sale applied to the
satisfaction of the lien. I f such suit be brought by any person entitled, other
than the principal contractor, the latter shall be made a party defendant, as
w ell as all other persons who may have filed notices of liens, as aforesaid. A ll
or any number of persons having liens on the same property may join in one
suit, their respective claims being distinctly stated in separate p aragrap h s; and
if several suits are brought by different claimants and are pending at the same
time, the court may order them to be consolidated.
S e c . 1248. W hat liens first satisfied.— I f the original contractor and the per
sons contracting or employed under him shall both have filed notices of liens, as
aforesaid, the latter shall first be satisfied out of the proceeds of sale before the
original contractor, but not in excess of the amount due him, and the balance,
if any, of said amount shall be paid to him.
S e c . 1249. Distribution of proceeds of sale.— I f one, or some only, o f the per
sons employed under the original contractor shall have served notice on the
owner, as aforesaid, before payments made by him to the original contractor,
said party or parties shall be entitled to priority of satisfaction out of said
proceeds to the amount of such payments; but, subject to this provision, if the
proceeds of sale, after paying thereout the costs of the suit, shall be insufficient
to satisfy the liens of said parties employed under the original contractor the
said proceeds shall be distributed ratably among them to the extent of the pay-
MECHANICS7 LIENS
41
merits accruing to the original contractor subsequently to the service of notice
on the owner by said parties, as aforesaid.
S e c . 1250. Labor on two or more buildmgs.— In case of labor done or mate
rials furnished for the erection or repair of two or more buildings joined to
gether and owned by the same person or persons, it shall not be necessary to
determine the amount of work done or materials furnished for each separate
building, but only the aggregate amount upon all the buildings so joined, and
the decree may be for the sale of all the buildings and the land on which they
are erected as one building, or they may be sold separately if it shall seem best
to the court.
S e c . 1251. Lim itation.— Any person entitled to a lien, as aforesaid, may com
mence his suit to enforce the same at any time within a year from and after
the filing of the notice aforesaid or within six months from the completion
of the building or repairs aforesaid, on his failure to do which the said lien
shall cease to exist, unless his said claim be not due at the expiration of said
periods, in which case the action must be commenced within three months after
the said claim shall have become due.
S e c . 1252. Contests as to ground.— I f there be any contest as to the dimen
sions of the ground claimed to be subjected to the lien aforesaid, the court shall
determine the same upon the evidence and describe the same in the decree of
sale.
S e c . 1253. E n try of satisfaction.— Whenever any person having a lien by virtue
hereof shall have received satisfaction of his claim and cost, he shall, on the
demand, and at the cost of the person interested, enter said claim satisfied, in
the clerk’s office aforesaid, and on his failure or refusal so to do he shall forfeit
fifty dollars to the party aggrieved, and all damages that the latter may have
sustained by reason of such failure or refusal.
S e c . 1257. Personal judgments.— No subcontractor, material man, or work
man employed under the original contractor shall be entitled to a personal
judgment or decree against the owner of the premises for the amount due to
him from said original contractor, except upon a special promise of such owner,
in writing, for a sufficient consideration, to be answerable for the same.
S e c . 1258. Same subject.— In any suit brought to enforce a lien by virtue of
the provisions aforesaid, if the proceeds of the property affected thereby shall
be insufficient to satisfy such lien, a personal judgment for the deficiency may
be given in favor of the lien or against the owner of the premises or the orig
inal contractor, as the case may be, whichever contracted with him for the labor
or materials furnished by him, provided such person be a party to the suit and
shall have been personally served with process therein.
S e c . 1259. Wharves.— Any person who shall furnish materials or labor in
filling up any lot or in constructing any w h arf thereon, or dredging the chan
nel of the river in front of any wharf, under any contract with the owner, shall
be entitled to a lien for the value of such work or materials on said lot and
w h arf upon the same conditions and to be enforced in the same manner as in
the case of work done in the erection of buildings, as hereinbefore provided.
SCOPE OP LAW S
The following brief summary indicates the subject matter o f the
laws o f the various jurisdictions, covering both real and personal
property. Subject to lien are, as indicated above, the chattel worked
upon and the realty improved; products o f mines, quarries, oil and
other wells, and the properties themselves; vessels built, repaired,
operated, etc.; canals, bridges, roads, railroads, tramways, rolling
stock, and franchises; logs, timber, lumber, etc.; animals shod; crops
produced; and, in general, the article improved, produced, or other
wise affected by the labor for which the claim is made, together with
the necessary adjunct or appurtenant property necessary to make it
a severable, transferable unit. In some States a lien o f laborers and
subcontractors attaches to the fund from which the contractor is to
be p aid ; or the principal may be authorized or directed to retain
funds due contractors, on notice from such claimants. These pro
visions vary, o f course, in the different States, as do details o f metli
42
PART I.— DIGESTS AND SUMMARIES OP LAWS
ods o f securing the lien, the time o f filing, times and methods o f en
forcement, and the amounts that must be at stake to warrant pro
cedure. The laws reproduced above are illustrative in most i f not
all these respects, while the abridgments and references given below
furnish citations to the statutes on all phases o f the subject.
Alabama .— T o persons, firms, or corporations doing work or fu r
nishing materials, fixtures, etc., for buildings, or repairing, altering,
or beautifying the same, the improvement o f real estate, etc. (Code,
secs. 8832-8861.)
T o blacksmiths and wood workmen. (Secs. 8863-8867.)
T o jewelers, watchmakers, and silversmiths. (Secs. 8868, 8869.)
T o masters, laborers, stevedores, victualers, outfitters, shipbuilders,
etc., on vessels, for wages, value o f supplies, etc. (Secs. 8870, 8871.)
T o farm laborers working crops on shares. (Secs. 8872, 8873.)
To railroad laborers and employees, on all property and credits
o f the company. (Sec. 8878.)
T o agricultural laborers and superintendents. (Secs. 8879-8889.)
T o laborers and employees getting out or manufacturing lumber
and timber. (Secs. 8901-3904.)
Alaska .— T o laborers, contractors, subcontractors, and material
men on railroads, tramways, or wagon roads, fo r labor and materials.
(C. L., sec. 51.)
T o miners, laborers, cooks, engineers, etc., on gold, gold dust, or
other minerals. (Secs. 164-174.)
T o mechanics, laborers, contractors, teamsters, material men, etc.,
fo r labor and materials for buildings, wharves, bridges, flumes, tun
nels, mines, etc., “ or any structure or superstructure,” or fo r grading
streets. (Secs. 691-704.)
T o any person making, repairing, or bestowing labor on “ any
article ox personal property.
(Secs. 705-708.)
T o any person performing labor at the instance o f the owner o f
any mine or mine operation, repair or operation o f any dredge, steam
shovel, mill, etc., or any ditch, flume, tramway, road, or trail ad
junct to mine operation, or on the products and equipment o f the
mine. (Acts o f 1915, ch. 13.)
T o persons performing labor upon or assisting in procuring saw
logs, spars, piles, cordwood, bolts, or other timber, to owners o f boats,
teams,-engines, etc., employed in moving or transporting same, and
to cooks, teamsters, etc., on such logs, etc., for work and labor done.
(Acts o f 1921, ch. 6.)
On gas wells, oil wells, and other wells, and on pipe lines, for work
done or material furnished in digging, drilling, repairing, operating,
etc., the same. (Acts o f 1921, ch. 38.)
T o persons contributing by furnishing material or labor to the
preparation o f fish or other aquatic animals for food, fish meal,
xertilizer, oil, or other article o f commerce, on the products and on
the plant or establishment and its equipment. (Acts o f 1923, ch. 53.)
Arizona .— T o laborers, material men, etc., on realty for labor and
materials for erection, repair, etc., o f buildings, or otlier structure
or improvement. (R . S., secs. 3639-3650, 3658-3663.)
T o contractors, laborers, teamsters, etc., on railroads and their
equipment, for labor and materials employed in construction or re
m e c h a n ic s ’ l ie n s
43
pair; also for boarding, etc., o f men and animals engaged thereon.
(Secs. 3651, 3652.)
T o persons furnishing labor or material for canals, ditches, aque
ducts, bridges, fences, etc. (Sec. 3653.)
T o miners, laborers, etc., on mine or mining claim, for labor, ma
terial, or merchandise furnished. (Sec. 3654 (amended 1915, ch. 67).)
F or filling or otherwise improving city lot or adjoining street.
(Sec. 3655.)
F or construction, alteration, repairs, or carrying on o f mill, fac
tory, or hoisting works. (Sec. 3656.)
For cutting, etc., cordwood, logs, ties. (Sec. 3657.)
F or labor and material furnished for repairs, etc., o f domestic
vessels, on the vessel and equipment and on freight money. (Sec.
3664.)
T o workmen repairing any article, implement, utensil, or vehicle.
(Secs. 3673-3676.)
Arkansas .— T o laborers, on products o f labor, or on object, ma
terial, or property worked on. (Digest, secs. 6848-6865.)
T o blacksmiths, horseshoers, wheelwrights, and automobile repair
men, on objects and animals worked on, fo r labor and materials.
(Secs. 6866-6888.)
T o laborers, mechanics, builders, etc., on realty or on boat or vessel,
for labor and materials for any building, improvement, repair work,
etc. (Secs. 6906, (amended 1923, No. 563), 6907-6936.)
T o miners and quarrymen, on output, and also on tools and ma
chinery. (Sec. 7293.)
T o any person or persons working in or about the drilling or op
eration o f any oil or gas well. (Acts o f 1923, No. 513.)
T o any person, corporation, firm, association, etc., performing
labor or furnishing fuel, material, supplies, or machinery used in
digging, drilling, torpedoing, operating, maintaining, or repairing
any oil or gas well, water well, mine or quarry, oil or gas pipe line,
including tanks and other receptacles. (Acts o f 1923, No. 615.)
California .— T o laborers, repair men, mariners, boatmen, supply
or material men, on steamers, vessels, or boats, fo r services and sup
plies. (C. Civ. Pro., secs. 813-825.)
T o mechanics, material men, contractors, machinists, builders,
miners, “ and all persons and laborers o f every class,” on realty and
equipment for work done or materials furnished on or on behalf o f
the construction, repair, etc., o f buildings, wharves, bridges, ditches,
flumes, tunnels, wells, fences, railroads, wagon roads, etc., and in
mine operations and the reduction o f ores.
(Secs. 1183-1202,
(amended 1907, ch. 303; 1919, ch. 277; 1921, ch. 144).)
T o laborers, mechanics, caretakers, etc. on personal property, for
labor, skill, materials, and care.
(C iv il Code, secs. 3051, 3052,
(amended 1911, ch. 435).)
T o mate and seamen, on ship and freightage, fo r wages. (Sec.
3056.)
T o persons employed on or about barley crushers, threshing ma
chines or engines, horsepowers, wagons, etc., on same, for value o f
services. (Sec. 3061.)
44
PART I.— DIGESTS AND SUMMARIES OF LAWS
On logs, bolts, or other timber, fo r cutting, hauling, rafting, or
drawing same. (Sec. 3065.)
Colorado .— T o mechanics or others making, altering, repairing, or
bestowing labor on any article o f personal property, for labor and
materials. (C. L., secs. 6432-6436.)
T o mechanics, material men, contractors, subcontractors, builders,
etc., on property on which service is rendered, fo r construction,
alteration, repair, etc., o f any building, mill, bridge, ditch, reservoir,
tunnel, road, railroad, or other structure or improvement upon land.
(Secs. 6442-6465.)
On gas, oil, and other wells, and on ditches, for labor and materials
furnished in digging, boring, clearing, etc. (Secs. 6466-6477.)
Connecticut .— T o persons furnishing labor and materials in the
construction, removal, or repair o f buildings, on realty and appurte
nances ; on railroads and their equipment, on the property o f tele
graph, telephone, or electric light or power companies, for materials
furnished or services rendered; and on vessels, fo r labor or materials
furnished in construction or repairs. (G. S., secs. 5217-5247.)
T o jewelers, watchmakers, and silversmiths, on articles worked
upon on request o f owner or legal possessor. (Acts o f 1919, ch. 73.)
Delaware .— T o persons performing work and labor or furnishing
material for the erection o f any house, building, or structure, or for
plumbing, gas fitting, paper hanging, paving, installing machinery
in mills and factories, construction o f bridges, wharves, piers, docks,
drainage work, irrigating, etc., on the realty. (R . C., secs. 2843 (am.
1917, ch. 225), 2844 (am. 1917, ch. 225), 2845, 2846 (am. 1917, ch.
226), 2847-2851.) On ships and vessels, for repairs, equipment, supplies, etc. (Secs.
2860-2862.)
District o f Columbia .— The text o f the law as to aliens on real
property is given above, pp. 39-41.
T o mechanics and artisans making, altering, or repairing any
article o f personal property, on same for reasonable charges. (Code,
secs. 1260, 1263, 1264.)
F lorid a .— T o mechanics, laborers, material men, etc., furnishing
labor or material on buildings or other work or structure, or on
fixtures therein or thereon; or on railroads, canals, telegraph, or tele
phone lines; or labor on farms, orchards, gardens, groves, including
fencing, ditching, etc.; or on sidewalks adjacent to any lot— on the
realty. (R . G. S., secs. 3495-3501.)
For labor on or with engines, machines, implements, newspaper or
printing material, or doing work in any hotel, on the engine, ma
chine, etc., or the furniture and belongings o f the hotel; and on logs
and timber and articles manufactured therefrom for cutting, rafting,
driving, or other labor thereon. (Secs. 3502-3504.)
T o bookkeepers, clerks, etc., on the personal property worked
upon or used in the business or employment o f any person, firm, or
corporation, for labor or services performed. (Sec. 3505 (am. 1921,
ch. 8474).)
T o persons laboring in or managing or overseeing the cultivation
o f crops, on such crops. (Sec. 3506.)
T o persons furnishing labor or materials fo r the construction o f
vessels or for their use or benefit, including masters, mates, seamen,
m e c h a n ic s ’ m e n s
45
and longshoremen, on the vessel, her tackle, apparel, and furniture.
(Sec. 3507.)
For the manufacture, alteration, or repair o f any article or thing
o f value, on the same. (Sec. 3508.)
Georgia .— T o employees o f any railroad company, on the rail
road and other property o f the company, for wages earned in its
service. (Code, sec. 2793.)
To laborers, a general lien on the property o f their employer, and
a special lien on the products o f their labor. (Secs. 3334, 33353339.)
To mechanics o f every sort, machinists, contractors, material men,
etc., doing labor or furnishing material for building, repairing, or im
proving real estate, building and equipping factories, steam mills,
etc., or building railroads, on the same. (Secs. 3352, 3353, 3365.)
To mechanics o f every sort for work done and material furnished
in manufacturing or repairing personal property, on the same; on
steamboats for the wages o f officers and employees; on the products
o f planing mills and similar establishments, for the wages o f labor
ers; and on logs and lumber, fo r hauling. (Secs. 3354, 3355, 3357,
3359, 3366, 3367.)
H a w aii .— T o persons or associations o f persons furnishing labor
or materials for use in the construction or repair o f any building,
structure, railroad, or other undertaking. (R . L., secs. 2863-2868.)
T o anyone making, altering, or repairing any article o f personal
property at the request o f the owner or legal possessor. (Acts o f
1921, No. 131.)
Idaho .— To anyone law fully in possession o f an article o f per
sonal property, fo r services by labor or skill employed fo r the pro
tection, improvement, safe-keeping, or carriage therefor; or making
altering, or repairing personal property at the request o f the owner.
(C. S. secs. 6412, 6413.)
To every person performing labor or furnishing material for the
construction, alteration, or repair o f any mining claim, building,
wharf, bridge,/ditch, dike, flume, tunnel, fence, machinery, railroad,
wagon road, aqueduct for hydraulic power, or any other structure,
or for labor in any mine; also to laborers and subcontractors on pub
lic buildings. (Secs. 7339, 7340.)
T o any person who, at the request o f the owner, grades, fills in, or
otherwise improves a lot in an incorporated city or town, or the street
in front o f or adjoining the same. (Sec. 7343.)
For labor on or in procuring saw logs, spars, piles, cordwood, or
other timber, the services o f cooks included, also fo r the labor o f
manufacturing saw logs into lumber. (Secs. 7356-7371.)
To persons doing any labor on a farm or land in cultivating, har
vesting, threshing, or housing any crop or crops raised thereon.
(Secs. 7371-7475. Procedure, etc., amended, 1923, chs. 24, 33, 156.)
Illinois .— On sail vessels, steamboats, steam dredges, tug boats,
scows, canal boats, barges, lighters, and other water craft o f above
5 tons burden, for work or services as seamen, master, or other em
ployee thereof; and for labor at pumping out or raising when sunk
or disabled. (R . S., ch. 12.)
To persons who, at the request o f an owner or his authorized agent,
shoes a horse, mule, ox, or other animal. (Ch. 66.)
46
PART I.— DIGESTS AND SUMMARIES OP LAWS
T o subcontractors, laborers, etc., furnishing any railroad corpora
tion materials or supplies or performing work or labor for the con
struction, operation, maintenance, or repair o f such roads. (Ch. 82,
secs. 7-14.)
To anyone who, under contract with the owner or his agent, or a
contract made with his known permission, furnishes materials, labor,
etc., for the improvement o f any lot or tract o f land, or for building,
altering, repairing, or ornamenting any house or other building, or
any driveway, fence, or other improvement or appurtenance thereto,
including walks, sidewalks, streets, and alleys adjoining, for services
as superintendent, timekeeper, mechanic, laborer, or otherwise. Spe
cial mention is made o f form work with cement, concrete, or like
m at^ial. (Ch. 82, secs. 15 (amended 1919, p. 640) 16-86.)
In case o f public improvements a lien lies against the fund. (Sec.
87, amended 1919, p. 642.)
On boats, barges, or other water craft, for labor or material used
in constructing, building, altering, repairing, or ornamenting the
same. (Ch. 82, sec. 51.)
For lien on chattels, see text o f law, pp. 37,38.
Indiana .— A ll boats, vessels, and water craft o f every description
are subject to lien for work or services o f boatmen, mariners, laborers,
or other persons; or for work done or materials furnished in build
ing, repairing, fitting out, etc., the same. (A . S., secs. 8279-8284.)
The employees o f any corporation have a first and prior lien on the
property o f such corporation for all work and labor performed.
(Secs. 8288-8293.)
To persons, firms, and corporations furnishing supplies or making
repairs to automobiles, motor trucks, or motor bicycles. (Sec. 8294a,
amended 1915, ch. 167.)
T o contractors, subcontractors, mechanics, journeymen, laborers,
and all persons performing labor or furnishing materials or machin
ery for the erection, altering, repairing, or removing o f any house,
mill, manufactory, or other building, bridge, reservoir, system o f
waterworks, or other structure; work on walks or sidewalks on or
bordering the land; work on stiles, wells, drains, ditches, sewers, or
cisterns; to mechanics and laborers employed in or about any shop,
mill, wareroom, storeroom, manufactory, or other building. (Secs.
8295 (amended 1921, ch. 56), 8296-8304.)
T o persons performing work or labor in grading, excavating, etc.,
or work o f any kind in the construction or repair o f any railroad or
part thereof, including bridges, trestlework, and masonry. (Secs.
8305-8307.)
T o tradesmen and mechanics intrusted with materials to con
struct, alter, or repair any article o f value. (Secs. 8308-8311.)
T o miners and others working in and about mines. (Sec. 8596.)
T o all laborers and other persons performing labor or other service,
furnishing board or materials in the construction o f any work under
the provisions o f the act providing fo r drainage, sanitary, and
reclamation districts. (A cts o f 1915, ch. 88, sec. 57.)
T o every person who at the request o f the owner or his agent shoes
any horse, mule, ox, or other animal, or repairs any vehicle. (A cts
o f 1915, ch. 112.)
MECHANICS* LIENS
47
T o transfer men, draymen, and all persons, etc., engaged in pack
ing fo r shipment or storage, transferring, hauling, etc., goods and
merchandise or other articles o f value. (Acts o f 1921, ch. 144.)
Iow a .— T o every person doing labor upon or furnishing materials,
etc., for any building, erection, or improvement on land, including
works o f internal improvement, including the construction or equip
ment o f railroads, canals, etc., and the grading o f any land or lot.
(Code, secs. 3089-3091.)
To mechanics, laborers, or other persons performing labor or
furnishing material fo r the construction o f any public building,
bridge, or other improvement not belonging to the State. (Sec.
3102, amended 1919, ch. 380.)
T o laborers and miners performing labor in opening, developing,
or operating any coal mine. (Sec. 3105.)
F or labor done in, about, or on any boat or raft, in building, re
pairing, fitting out, etc., the same. (Secs. 4402-4416.)
Kansas .— T o all laborers and other persons performing service or
furnishing material in the construction o f any work under the act
relating to repairs and work in drainage districts. (G. S., sec. 4043,
amended 1917, ch. 175.)
T o any mechanic, artisan, or tradesman intrusted with materials
fo r the construction, alteration, or repair o f any article o f value, or
with any such article fo r alteration or repair. (Sec. 6082.)
T o blacksmiths, horseshoers, wagon makers, keepers o f garages,
or other persons, on goods, chattels, horses, mules, wagons, buggies,
or other vehicles or automobiles and any farm implements coming
into possession fo r work thereon, repairs, or improvements in any
wise appertaining thereto. (Sec. 6092, amended 1917, ch. 232.)
T o anyone performing labor or furnishing material fo r the erec
tion, alteration, or repair o f any building or improvement on land,
or putting in fixtures or machinery, or planting trees, vines, plants, or
hedge, or building or repairing walks or fences in or on said land, or
sidewalks on abutting streets. (Secs. 7557, 7559 (both amended
1919, ch. 235), 7560-7570.)
Kentucky .— T o any person performing labor or furnishing mate
rials for erecting, altering, or repairing a house, building, or other
structure, or any fixture or machinery therein, or for excavating
cellars, cisterns, vaults, wells, or for the improvement in any manner
o f real estate. (Statutes, secs. 2463-2479.)
T o officers (except the captain) and hands employed on any steam
boat, brig, schooner, sloop, or model barge, for wages; also to me
chanics, tradesmen, and others for work, supplies, materials, etc.,'
for building, repairing, fitting, or furnishing such boat or vessel.
(Secs. 2480-2486.)
On the property and effects o f any mine, railroad, turnpike, canal,
or other public improvement company, or o f any rolling mill,
foundry, or other manufacturing establishment, for the wages of
employees; also to persons performing work or furnishing material,
supplies, or teams for the construction or improvement o f any canal
or other public improvement. (Secs. 2487-2498.)
To persons or corporations selling, repairing, or furnishing ac
cessories or supplies for motor vehicles, for repairs, work done, etc.
(Acts o f 1918, ch. 75.)
48
PART I.— DIGESTS AND SUMMARIES OF LAWS
T o persons, firms, and corporations engaged in performing work
on any watch, clock, or jewelry. (Acts o f 1920, ch. 119.)
T o anyone furnishing work, labor, materials, or supplies for the
development or improvement o f leaseholds relating to oil, gas, or
other minerals. (Acts o f 1924, ch. 69.)
Louisiana .— T o masons, carpenters, and other workmen on build
ings, to blacksmiths and other artificers who undertake work by the
job, and to every mechanic, workman, or other person doing any
work toward the erection, construction, or furnishing o f any build
in g; also to workmen employed in the construction or repair o f ships
and boats. (C iv il Code, arts. 2770-2777, 3249, 3272.)
T o servants and domestics wTho receive wages and reside in the
house. (A rt. 3205.)
T o laborers employed in the working o f crops. (A rt. 3217.)
T o the captain and crew o f any vessel, and to persons employed
to watch vessels in port. (A rt. 3237.)
T o any persons performmg labor or service in deadening, felling,
cutting, hauling, banking, driving, running, rafting, or booming
any logs,.timber, or staves. (R . L., p. 680.)
T o managers, mechanics, and laborers in saw, planing, and shingle
mills, sash, door, and blind factories, hoop mills, stave and box
factories. (P . 681, amended, 1912, No. 23.)
T o laborers engaged in gathering, picking, saving, and prepar
ing for market any moss grown on trees. (P . 681.)
T o laborers and workingmen on buildings, streets, railroads,
canals, ditches, and other similar works. (P . 682.)
T o laborers on farm crops, superior to any other lien. (P . 686.)
T o any person performing any labor or service in cutting, haul
ing, running, etc., any log or timber fo r telegraph or telephone poles
or crossties. (Acts o f 1912, No. 195.)
T o managers, mechanics, and laborers employed or working in
sugar refineries, sugar mills, or sirup mills. (Acts o f 1914, No. 185.)
T o persons operating a garage or other place where automobiles
or other machinery are repaired, fo r repairs and labor performed.
(Acts o f 1916, No. 82, amended 1924, No. 5.)
T o persons furnishing materials or labor that entered into the
construction, maintenance, or repair o f the permanent roadbed and
structures o f a railroad. (Acts o f 1916, No. 98.)
To any mechanic, builder, artisan, workman, laborer, or other
person doing any work or labor or furnishing materials, etc., fo r
any building, erection, or improvement on land. (Acts o f 1916,
No. 229.)
T o anyone furnishing feed for the work animals o f any contractor
on public works or public roads, on the fund from which such con
tractor is paid. (Acts o f 1924, No. 203.)
M aine .— To any one furnishing labor or materials for building a
vessel. (R . S., ch. 96, secs. 8-26.)
T o any one digging, hauling, or furnishing rock for the manufac
ture o f lim e; or who labors in quarrying or cutting and dressing
granite in any quarry; or in mining, quarrying, or manufacturing
slate in any quarry; or performs labor or furnishes labor or wood for
manufacturing and burning bricks. (Secs. 27, 28.)
MECHANICS 9 LIENS
49
T o whoever perforins labor or furnishes labor or materials in
erecting, altering, moving, or repairing a house, building, or ap
purtenances, including public buildings by any city, town, school
district, or other municipal corporation; or in constructing, altering,
or repairing a wharf or pier or building thereon; or in laying out
or constructing any road, path, or walk, or in improving or beauti
fyin g any land by what is commonly known as landscape garden
ing. (Secs. 29-44.)
To anyone who labors at cutting, hauling, rafting, driving, or
towing logs or lumber, or at cooking for persons engaged in such
work, or in shoeing horses or oxen, or repairing property while
thus employed, or in getting out hemlock bark, cordwood, pulp wood,
last blocks, shovel-handle blocks, railroad ties, ship knees, shingles,
staves, laths, dowTels, and spool timber. (Secs. 47-53.)
To anyone cutting or harvesting hay, or pressing hay or straw.
(Secs. 54, 55.)
To anyone performing labor by himself or his employees in manu
facturing or repairing wagons, carts, sleighs, and other vehicles.
(Secs. 56, 57.)
To whoever performs labor in any tannery where leather is pre
pared. (Sec. 59.)
To every individual, partnership, or corporation having an estab
lished place o f business in the State, engaged in making, altering, or
repairing any watch, clock, or jewelry, or expending any labor or
materials thereon. (Acts o f 1917, ch. 295.)
M aryland .— For work done on buildings erected or on buildings
repaired, rebuilt, or improved to the extent o f one-fourth their value;
or on any machine, wharf, or bridge erected, constructed, or re
paired. (A . C., art. 63, secs. 1-42.)
To boat builders, mechanics, merchants, farmers, or other persons.
For work done or materials furnished in building, repairing, or
equipping any boat or vessel. (Secs. 43-52.)
T o jewelers or silversmiths for repairs or work on articles le ft
with or given to them therefor. (Sec. 53, added 1912, ch. 653.)
For repair, storage, etc., o f automobiles, or furnishing parts or
accessories. (Secs. 54-58, added 1918, ch. 403, 1924, ch. 417.)
Massachusetts.— To persons performing personal labor in the
erection, alteration, repair, or removal o f a building or structure on
land, or furnishing labor and material for the same. (G. L., ch.
254.)
To persons employed to construct, repair, or launch a vessel or to
assist therein, or to construct, etc., launching ways fo r the same.
(Ch. 255, secs. 14r-22.)
M ichigan .— T o anyone having a claim for labor against any rail
road or street railway company. (C. L., sec. 8339.)
T o anyone furnishing labor or materials in or fo r building, alter
ing, improving, repairing, erecting, etc., any house, building, ma
chinery, wharf, or structure, making excavations therefor, or build
ing or repairing sidewalks or wells. (Secs. 14796 (amended 1919,
No. 140), 14797-14825.)
To mechanics, artisans, or tradesmen for labor and skill applied
to constructing, finishing, altering, fitting, or repairing any article
o f furniture, jewelry, implement, clothing, watch, clock, or other
article o f value delivered to them; or furnishing or performing
105446*—25-----4
50
PART I.— DIGESTS AND SUMMARIES OP LAWS
labor in mining, smelting, or manufacturing iron, copper, silver, or
other ores or minerals; or in mining coal, shale, or clay; or (cooks
and blacksmiths included} in manufacturing lumber or shingles or
in cutting, skidding, hauling, driving, etc., Togs, timber, posts, ties,
poles, staves, etc. (Secs. 14831-14857.)
For shoeing any horse, mule, ox, or other animal. (Secs. 1485914871.)
T o owners or lessees o f hay presses; threshing machines, hullers,
or similar machines. (Sees. 14872-14880.)
T o seamen and other employees except the master fo r work or
services on board any water craft above 5 tons burden; or in load
ing or unloading the same; or for work done or materials furnished
in building, repairing, fitting, etc., such craft. (Secs. 14892-14939.)
Minnesota .— T o persons performing labor or furnishing skill, ma
terial, or machinery for the erection, alteration, repair, or removal
o f any building, fixture, wharf, bridge, fence, or other structure on
land; or for grading, filling, or excavating; or for clearing, grubbing,
or first breaking; or work on ditches, drains, wells, cisterns, side
walks, gutters, paving, sewers, pipes, etc.; or for the construction,
alteration, or repair o f any line o f railway or structure or appurte
nance ; or any telegraph, telephone, or electric light lin e; or any line
o f pipe, conduit, or subway; or for the opening or working o f any
mine. (G. S., secs. 7020 (amended 1921, ch. 229), 7021-7035.)
T o anyone making, altering, or repairing any article, or expend
ing any labor, skill, or material thereon; or shoeing any horse, mule,
ox, or other animal; or making, altering, repairing, etc., any motor
vehicle; or cutting, hauling, driving, etc., logs, crossties, poles, or
other timber. (Secs. 7036-7076.)
Mississippi .— T o employees, laborers, croppers, managers, etc.,
making, gathering, or preparing fo r sale or market any crop.
(Code, secs. 3042-3056.)
F or labor done or materials furnished about the erection, con
struction, alteration, or repair o f any house, building, or structure
o f any kind, or machinery or other fixtures; or o f any boat or other
water craft, or any railroad or railroad embankment. (Secs. 30583074, amended 1918, ch. 128.)
For labor and material employed in constructing, manufacturing,
or repairing carriages, buggies, wagons, plows, or. other article.
(Sec. 3075.)
F or work done or materials supplied in building, repairing, fit
ting, victualing, etc., any ship, steamboat, or other water craft, or
work done on board the same. (Secs. 3085-3087.) v
T o employees and laborers employed in operating a sawmill or
planing mill, or in cutting, shipping, or rafting timber. (Acts of
1908, ch. 131 amended 1922, ch. 282.)
Missouri .— T o mechanics and other persons performing any work
or labor or furnishing materials, fixtures, machinery, etc., fo r any
erection, building, or improvements on land, or for repairing the
same; or fo r sidewalks alongside or in front o f any lot. (R . S.,
secs. 7216-7249.)
T o persons doing any work or labor in constructing or improving
the roadbed, rolling stock, bridges, depots, etc., o f railroads. (Secs.
7261-7277.)
MECHANICS* LIENS
51
To persons furnishing labor or material on any vehicle, part or
equipment thereof; or on any horse, mule, or other animal. (Secs.
7278-7284.)
Montana .— To every person, including cooks in camps, performing
labor upon or assisting in obtaining or securing saw logs, piling,
railroad ties, cordwood, or other timber. (E . C., secs. 8318-8338.)
T o mechanics, miners, machinists, architects, foremen, engineers,
builders, lumbermen, artisans, workmen, laborers, or any other per
son performing work and labor upon or furnishing materials,
machinery, or fixtures for any building, structure, bridge, flume,
canal, ditch, aqueduct, mining claim, quartz lode, tunnel, city or
town lot, farm, ranch, fence, railroad, telegraph, telephone, electric
light, gas or waterworks or plant, or any improvements. (Secs.
8339-8350.)
T o any person, partnership, or corporation performing labor or
furnishing material, etc., in digging, drilling, torpedoing, com
pleting, operating, or repairing any oil or gas well. (Secs. 8375
(amended 1923, ch. 152), 8376, 8377 (amended 1923, ch. 152).)
T o the mate and seamen o f a ship fo r their wages. (Sec. 8390.)
Nebraska .— T o any person performing labor or furnishing mate
rial, etc., for the construction, erection, improvement, repair, or re
moval o f any house, mill, well, cistern, manufactory, building, or
appurtenance; or fo r any railroad, canal, bridge, viaduct, or similar
improvement. (C. S., secs. 3207-3223, 3228, 3229.)
To anyone making, altering, or repairing or in any way enhancing
the value o f any vehicle, automobile, machinery, farm implement,
or tool, or shoeing any horse or mule. (Secs. 3225-3227).
T o jewelers, silversmiths, and clock and watch repairers for re
pairs, parts, or work on articles left with them. (Secs. 3230-3233.)
T o any person, firm, or corporation performing work or labor,
exerting care or diligence, or advancing money or material on per
sonal property. (Acts o f 1923, ch. 118).
Nevada .— To every person performing labor on or furnishing ma
terial o f the value o f $5 or more for the construction, alteration, or
repair o f any building or other superstructure, railroad, tramway,
toll road, canal, ditch, flume, aqueduct or reservoir, building, bridge,
fence, or other structure; to miners, laborers, and others working to
the amount o f $5 or more in or about any mine, shaft, tunnel, adit,
or other excavation for a mine; or furnishing timber therefor; or
grading, filling, or improving any city lot or the street in front o f or
adjoining the same. (E . L., secs. 2213-2229.)
To persons cutting or cording wood or timber. (Sec. 2230.)
To foundrymen and boilermakers performing labor or furnishing
materials for the construction, repair, or carrying on o f any mill,
manufactory, or hoisting works. (Sec. 2231.)
To persons repairing, etc., motor vehicles. (E . L. 1919, p. 2839.)
N ew Ham pshire .— To anyone performing labor or furnishing ma
terials toward building, repairing, fitting, or furnishing any vessel;
or for erecting or repairing a house or other building or appurte
nances, or for building any dam, canal, sluiceway, well, or bridge,
other than for a municipality; or for making brick; or for rafting,
driving, cutting, hauling, or drawing wood, bark, lumber, or logs; or
for grading, masonry, bridging, or tracklaying o f a railroad. (P . S.,
ch. 141, secs. 9,10 (amended 1921, ch. 7 ), 11-18.)
52
PART I.— DIGESTS AND SUMMARIES OP LAWS
T o jewelers, watchmakers, and silversmiths altering, repairing, or
doing any work on any article o f personal property. (Acts o f 1917,
ch. 134.)
N ew J ersey— F o v work done or materials furnished fo r building,
repairing, fitting, furnishing, or equipping any ship or vessel, or fo r
watching the same while in port. (C. S., pp. 3127-3132.)
For labor or materials bestowed or employed in the repair or con
struction o f any chattel. (P p. 3138, 3139.) For labor performed or
materials furnished for the erection, construction, alteration, repair,
or removal o f any building, mill, or manufactory o f whatever de
scription, or o f docks, wharves, and piers. (P p . 3291-3315.)
T o keepers o f garages for keeping, repairing, etc., motor vehicles
or furnishing accessories therefor. (Acts o f 1915, ch. 312, amended
1922, ch. 231; 1924, ch. 201.)
T o laborers, mechanics, etc., performing labor or furnishing ma
terials under any contract for any public improvement made with a
county, city, town, or other municipality. (Acts o f 1918, ch. 280.)
N e w M exico .— T o every person performing labor or furnishing
material fo r the construction, alteration, or repair o f any mining
claim, building, wharf, bridge, ditch, flume, tunnel, fence, machinery,
railroad, wagon road, or aqueduct to operate hydraulic power, or any
other structure; or for grading, filling, or otherwise improving any
lot in a city or town, or the street adjoining same. (A . S., secs. 331&3332.)
To artisans and mechanics for making or repairing articles, includ
ing motor vehicles, wagons, buggies, or other vehicles; for shoeing
any horse, mule, ox, or other animal. (Secs. 3333-3335, all amended
1923, ch. 24.)
N ew Y o rk .— T o contractors, subcontractors, laborers, and material
men performing labor or furnishing materials for the improvement
o f real property; or furnishing labor or materials to a contractor,
etc., for the construction o f a public improvement; or performing
any labor for a railroad corporation. (Con. L., ch. 33, secs. 1-61,
amended 1916, ch. 507.)
To persons doing work or furnishing materials for sea-going ves
sels in the amount o f $50* or other vessels in the amount o f $15, or
loading, unloading, or watching such vessels. (Secs. 80, 82-107.)
To persons excavating, quarrying, mining, dressing, or cutting
sandstone, granite, cement, stone, limestone, bluestone, or marble.
(Secs. 140-142.)
T o any person who makes, alters, repairs, or in any way enhances
the value o f any article o f personal property, including motor ve
hicles, watches, clocks, and jewelry. (Secs. 180,184,186, added 1914,
ch. 241.)
T o truckmen and draymen for hauling, etc. (Sec. 187, added 1918,
ch. 366.)
N o rth Carolina .— T o persons doing work or furnishing material
for building, rebuilding, repairing, or improving any bunding, lot,
farm, or vessel. (Con. S., secs. 2433, 2434, 2437-2443.)
T o mechanics or artisans making, altering, or repairing any article
o f personal property. (Sec. 2435.)
T o persons cutting or sawing logs into lumber or getting out pulp
wood, acid wood, or tanbark. (Sec. 2436.)
m e c h a n ic s
’
l ie n s
53
For labor in loading or unloading vessels, and owners are charged
with the duty o f seeing that stevedores’ laborers are paid. (Secs.
2447-2455.)
N orth Dakota .— T o any person performing any labor upon or fur
nishing any materials, machinery, or fixtures for the construction
or repair o f any work o f internal improvement, or o f any building
or other structure upon lands, or making any other improvements
thereon, including fences, sidewalks, pavings, wells, grades, drains,
or excavations. (R . C., secs. 6237 (amended 1911, ch. 187), 6238625i.)
T o every miner or other person performing labor or furnishing
material for any lode, lead, ledge, mine, or deposit bearing gold,
cinnabar, or copper, or any coal bank or mine, or materials for tim
bering, erecting windlasses, etc., cars, car tracks, tunnels, drifts, or
openings. O il wells or springs, iron, lead, and other mines are also
covered. (Secs. 6256-6263.)
T o farm laborers for work between A p ril 1 and December 1 o f any
year. (Secs. 6277-6280.)
T o any person rendering service by labor or skill in the protec
tion, improvement, safe keeping, or carriage o f any article o f per
sonal property. (Sec. 6286.)
T o mates and seamen of ships for their wages. (Sec. 6290.)
To any blacksmith or mechanic having an established place o f
business in the State fo r making, altering, or repairing any personal
property. (Sec. 6295, amended 1917, ch. 182.)
O hio .— T o persons performing labor in mining coal or removing it
from the mines, or other manual labor connected therewith. (G. C.,
sec. 8309.)
T o persons doing work or labor upon or furnishing machinery,
material, or fuel for constructing, altering, or repairing a boat,
vessel, or other craft, or for erecting, altering, repairing, or remov
ing a house, mill, manufactory, furnace, or other building, appur
tenance, fixture, bridge, or other structure; or for digging, drilling,
operating, etc.* any oil, gas, or other w e ll; or for altering, repairing,
or constructing any oil derrick, oil tank, or pipe line, or furnishing
tile for draining any lot or land; or for the construction, alteration,
or repair o f any street, turnpike, road, sidewalk, way, drain, ditch,
or sewer. (Secs. 8310-8323-10 (amended 1913, pp. 369, 378; 1915,
p. 522), 8324 (amended 1910, p. 229), 8325-8331.)
T o laborers and employees o f any persons, associations, or cor
porations in employment at agriculture, mining, manufacturing, or
other manual labor. (Secs. 8339-8342.)
T o persons, etc., constructing railroads, depot buildings, water
tanks, or any part thereof, or furnishing materials or boarding.
(Secs. 8343-8352.)
T o persons performing common or mechanical labor on or fur
nishing supplies to any railroad, street or electric railway, turnpike,
canal, or any public structure, or any abutment pier, culvert, embank
ment, sidetrack, etc. (Secs. 8370-8380.)
For labor, supplies, etc., in building, repairing, furnishing or
equipping any steamboat or other watercraft. (Secs. 12088-12102.)
Oklahoma .— T o any person performing labor or furnishing mate
rial for the erection, alteration, or repair o f any building, improve
ment, or structure on land, or in putting in fixtures, machinery,
54
PART I.— DIGESTS A23TD SUMMARIES OF LAWS
etc.; or planting trees, vines, plants or hedges; or building or re-,
pairing any fence, walk or sidewalk. (E . L., secs. 3862 (amended
1923,ch. 54), 3863, 3864.)
T o any person, corporation or copartnership performing labor
or. furnishing material, machinery, and supplies fo r digging, d rill-1
ing, operating, etc., any oil or gas well. (Secs. 3865 (amended 1919,
ch. 258), 3866, 3867.)
T o mechanics, builders, laborers, etc., performing work or fur
nishing materials fo r the equipment o f any railroad. (Secs. 38683871.)
T o laborers performing work or labor, on the production o f their
labor. (A cts o f 1911, ch. 114.)
T o blacksmiths, wheelwrights, and horseshoers, on the product
o f their labor. (A cts o f 1913, ch. 82.)
T o any person, firm, or corporation furnishing labor, material,
etc., for the production, alteration, or repair o f any personal prop
erty. (Acts o f 1917, ch. 187.)
Oregon .— T o mechanics, artisans, machinists, builders, laborers,
teamsters, and other persons performing labor or furnishing mate
rial, or transporting or hauling material fo r the construction, altera
tion, or repair o f any building, wharf, bridge, ditch, flume, reser
voir, tunnel, fence, sidewalk, machinery, or aqueduct, or any struc
ture or superstructure, or in digging, drilling, driving, or boring
any well; or fo r grading, filling, or otherwise improving any lot,
or the street adjoining the same; or furnishing fuel, ties, material,
or supplies or doing any work or labor fo r a contractor with a rail
road corporation; or fo r clearing or improving land by ditching,
diking, tiling, leveling, etc. (Laws, secs. 10191-10209, 10214-10218.)
T o persons performing any labor upon or furnishing material
fo r the working or development o f any mine, lode, mining claim,
or deposit yielding or containing coal, metal, or mineral o f any
kind, or for shafts, tunnels, drifts, excavations, etc., for working
or draining the same; or fo r roadways, trails, ditches, pipe lines,
flumes, buildings, structures, etc., in connection therewith. (Secs.
10219-10225.)
T o any person making, altering, repairing, or bestowing labor
on any article o f personal property. (Sec. 10226, amended 1923,
ch. 125.)
T o persons performing labor on or assisting in obtaining or se
curing saw logs, spars, piles, cordwood or other timbers, or assist
in manufacturing saw logs or other timber into lumber. (Secs.
10236-10251.)
T o persons shoeing any horse, mule, ox, or other animal. (Secs.
10252-10257.)
T o any person who by himself or by his livestock or machinery
shall do any labor or service on any farm, land, or orchard in till
ing, pruning, spraying, harvesting, threshing, gathering fruit or
berries, etc., including cooking fo r workers so employed. (Secs.
10265 (amended 1923, ch. 16), 10266-10271.)
T o any one expending labor, skill or materials on any chattel.
(Secs. 10272-10278.)
F o r wages earned on board any boat or vessel, or for labor done
or materials furnished fo r the construction, repair, launching, fit
m e c h a n ic s
’
l ie n s
55
ting, equipping, etc., o f the same; or for work in the construction,
maintenance, operation, etc., o f any fishing boat, net, seine, fish
trap, weir, scow or other craft or gear used in taking, transport
ing, etc., fish. (Secs. 10281-10310.)
Pennsylvania .— F or work done or materials and supplies fur
nished fo r building, repairing, fitting, furnishing, etc., any ship,
steamboat or vessel. (Statutes, secs. 802-826.)
To contractors and subcontractors erecting, constructing, remov
ing, altering, or repairing any structure or other improvement, in
cluding outhouses, sidewalks, yards, fences, walls, or other inclosure,
and the fitting or equipment, including paper hanging, grates,
furnaces, etc.; equipping with machinery, gearing, boilers, engines,
cars, and other appliances; laying or relaying rails, ties, or pipes,
stringing wires, erecting poles, etc. (Secs. 14632-14721.)
In cases o f public improvements, subcontractors have a lien on
amounts due contractors. (Secs. 14722-14726.)
Rhode Island .— For work done and materials used in the con
struction, erection, or repair o P
1
11 rnpike, railroad, or other improvement.
T o jewelers, watchmakers, or silversmiths who alter, repair, or
do any work on any article o f personal property. (Sec. 30.)
South Carolina .— To mechanics on any property left at their
shops fo r repair. (C iv il Code, sec. 2614, amended 1922, No. 523.)
T o any person performing or furnishing labor or furnishing ma
terial used in the erection, alteration, or repair o f any building or
structure on any real estate or for the boring and equipping o f wells.
(Secs. 4113 (amended 1922, No. 526), 4114-4151.)
Laborers have a first lien on money received by contractor, but
the owner is not thereby made responsible. (Sec. 4152; Cr. Code,
sec. 451.)
To persons performing labor or furnishing materials for the
construction, repair, or launching o f any ship or vessel. (C iv il
Code, secs. 4153-4160.)
For labor performed or furnished and materials furnished and
used in the construction, alteration, or repair o f any railroad. (Sec.
4161.)
T o laborers who assist in making anjr crop. (Secs. 4163-4168.)
To employees o f factories, mines, mills, distilleries, and all and
every kind o f manufacturing establishment. (Secs. 4173 (amended
1915, No. 155), 4174, 4175.)
T o laborers, mechanics, subcontractors, and persons furnishing
material for the improvement o f real estate. (Acts o f 1916, No.
375.)
South Dakota .— T o miners and other persons performing labor
o f any kind on any mine, mining claim, or oil well or spring, or
aiding in the operation and development thereof.
(R . C., secs.
1631-1642.)
To any one contributing to the improvement o f real estate by per
forming labor or furnishing skill, material, or machinery for the
erection, alteration, repair, or removal o f any building, fixture,
bridge, fence, or other structure, digging or repairing any ditch, drain,
well, cistern, reservoir, or vault, or laying, altering, or repairing
any sidewalk, curb, gutter, paving, sewer, pipe, or conduit; or for
56
PART I.----DIGESTS AND SUMMARIES OF LAWS
the construction, alteration, or repair o f any line o f railway or
structure or appurtenance thereof, or o f any telegraph, telephone,
or electric light line, pipe, conduit, or subway. (Sec. 1643-1659.)
T o persons performing labor or furnishing materials fo r the con
struction o f any work, including drainage ditches, fo r any county
or municipal or public school corporation, on the moneys due or to
become due under the contract. (Secs. 1660-1668.)
T o mates and seamen, for wages. (Sec. 1698.)
T o any person who makes, alters, or repairs any article o f personal
property. (Sec. 1700.)
T o every craftsman, on property le ft with him for repairs. (Acts
o f 1923, ch. 217.)
Tennessee.— T o mechanics, founders, machinists, journeymen, etc.,
doing work or furnishing material for the construction, building, or
repair o f any house, or for fixtures, machinery, or improvements.
(Code, secs. 3531-3546.)
T o any one doing work or furnishing materials for building, re
pairing, furnishing, or equipping any steam or keel boat. (Secs.
3547, 3548.)
T o silversmiths, locksmiths, gunsmiths, blacksmiths, and artisans
generally, on materials or articles le ft with them to be repaired.
(Secs. 3559-3563.)
T o employees and laborers o f persons, firms, etc., engaged in mer
cantile* business. ( Secs. 3566a-3566a-3.)
T o persons performing labor or rendering service for cultivating
soil and producing a crop. (Secs. 3567-3569.)
T o persons grading the way o f a railroad, or constructing or re
pairing culverts and bridges, furnishing crossties, laying tracks,
erecting depots, platforms, stations, section houses, shops, or other
buildings, or furnishing labor or materials therefor. (Secs. 35703586.)
T o any mechanic, contractor, founder, or machinist, for repairing,
improving, etc., any vehicle, however propelled. (Secs. 3592a-53592a-6 (amended 1919, ch. 55), 3592a-7.)
Texas .— T o any artisan, laborer, mechanic, person, firm, or cor
poration who may labor or furnish material, machinery, etc., to
erect any house or improvement or repair any building or improve
ment whatever, or fo r the construction or repair o f levees or o f
railroads, including the clearing, grubbing, draining, or fencing o f
lands, constructing, etc., wells, cisterns, tanks, reservoirs, and ma
chinery and pumps for raising water fo r stock, domestic use, or ir
rigation. ( It. Civ. S., arts. "5621 (amended 1917, ch. 171), 56225639.)
T o mechanics, laborers, and operatives performing labor in the
construction, operation, or repair o f any railroad, locomotive, car,
or other equipment. (Arts. 5640-5643.)
T o clerks, accountants, bookkeepers, artisans, craftsmen, factory
or mill operatives, servants, mechanics, quarrymen, laborers, farm
hands, for service in any office, store, hotel, shop, mine, quarry, fac
tory, or on any farm. (Arts. 5644-5649.)
T o persons doing repairs or labor or furnishing supplies or ma
terials for or on account o f any domestic vessel. (Arts. 5650-5651.)
MECHANICS 9 LIENS
57
T o carpenters, mechanics, artisans, or other workmen repairing
any article, implement, utensil, or vehicle. (Arts. 5665-5671.)
To artisans, laborers and mechanics, persons, firms, or corporations
performing labor or furnishing material for digging, drilling, tor
pedoing, operating, or maintaining any oil or gas well, water well,
mine or quarry, or oil or gas pipe line. (Acts o f 1917, ch. 17.)
Utah .— To mechanics, material men, foundry men, boiler makers,
and all persons o f every class performing labor upon or furnishing
materials to be used in the construction, alteration, or repair o f any
building, bridge, ditch, flume, aqueduct, tunnel, fence, railroad,
wagon road, or other structure, or improvement upon land, includ
ing mines, lodes, mining claims, etc., but not public buildings, struc
tures, or improvements. (C. L., secs. 3722-3751.)
To mechanics or other persons making, altering, repairing, or
bestowing labor on any article o f personal property. (Secs. 37733775.)
Verm ont .— To persons performing labor or furnishing material
for building, repairing, fitting, or furnishing a ship, vessel, or
steamboat; or for erecting, repairing, moving, or altering a build
ing, steam engine, or water wheel attached to real estate. (G. L.,
secs. 2808-2816.)
To any person making, altering, or repairing any article o f per
sonal property, or cutting or drawing logs. (Secs. 2817-2823.)
Virginia .— To all persons performing labor or furnishing material
o f the value o f $10 or more, for the construction, removal, repair,
or improvement o f any building or structure permanently annexed
to the freehold; or for the construction o f any railroad. (A . C.,
secs. 6426 (amended 1922, ch. 498), 6427-6429, 6429a (added 1924,
ch. 435), 6430-6435, 6436 (amended 1924, ch. 282), 6437 (amended
1920, ch. 415).)
To all conductors, brakemen, engine drivers, firemen, stewards,
clerks, depot or office agents, storekeepers, mechanics, traveling
representatives, or laborers, and all persons necessary to the opera
tion o f any railway, canal, or other transportation company, and all
clerks, mechanics, traveling representatives, and laborers o f mining
or manufacturing companies. (Secs. 6438 (amended 1922, ch. 9),
6439-6442.)
To every mechanic altering or repairing any article o f personal
property. (Sec. 6443; amended 1924, ch. 413.)
Washington .— To persons performing labor or furnishing ma
terials to be used in the construction, alteration, or repair o f any
mining claim, building, wharf, bridge, ditch, dike, flume, tunnel,
well, fence, machinery, railroad, street railway, wagon road, aqueduct
to create hydraulic power, or any other structure, or who perform
labor in any mine or mining claim or stone quarry. (C. and S., secs.
1129-1148.)
To persons performing labor in the operation o f any railway,
canal, or transportation company, or any water, mining, or manu
facturing company, sawmill, lumber, or timber company. (Secs.
1149-1153.)
To persons, firms, or corporations performing labor or furnish
ing material in the construction or repair o f any chattel. (Secs.
1154-1157, all amended 1917, ch. 68.)
58
PART I.— DIGESTS AND SUMMARIES OP LAWS
T o persons performing labor on or assisting in obtaining or secur
ing saw logs, spars, piles, cordwood, shingle bolts, or other timber,
owners o f tug or tow boats towing or assisting in towing the same,
owners o f teams or logging engines, or o f logging or other railroads
hauling or assisting in hauling or moving the same; scalers, cooks,
waiters, etc., in camps are included. (Sec. 1162 (as amended 1923,
ch. 10) -1181.)
For services rendered on board steamers, vessels, and boats, and
fo r work done or material furnished for the construction, repair, or
equipment thereof; also fo r services o f stevedores. (Secs. 11821187.)
T o any person doing labor on any farm or land, in tillin g the
same, or sowing, harvesting, or threshing grain. (Secs. 1188-1190a.)
T o any person or corporation doing or causing to be done any
labor on any orchard or orchard land, in pruning, spraying, cultivat
ing, and caring fo r the same. (Acts o f 1917, ch. 110.)
W est Virginia .— T o every person, firm, or corporation erecting,
building, constructing, altering, removing, or repairing any building
or other structure or improvement appurtenant thereto, or furnish
ing materials, machinery, or necessary supplies therefor, or perform
ing labor in connection therewith; and to workmen, artisans, me
chanics, laborers, or other persons performing labor in such erec
tion, repair, etc. (Code Supp., secs. 3851a-3851j, 38511-3855.)
F or work and labor done on steamboats, steamers, and vessels.
(Sec. 3856.)
Wisconsin .— T o every person, firm, corporation, or association who
performs or procures to be performed any work or labor, or fu r
nishes materials for the erection, construction, repair, protection,
or removal o f any dwelling, house, building, or appurtenance there
to, structure, bridge, wharf, dock, pier, fence, wall screen, or other
permanent erection, on any machinery becoming a part o f the free
hold; fixtures for gas, water, electricity, or heat; or digging, dredg
ing, etc., any channel, well, cellar, vault, fountain, etc.; making,
repairing, etc., any walk, sidewalk, or curbing, or grading, graveling,
leveling, or repairing any street, alley, roadway, or gutter; or setting
out or planting any hedge, fruit, or ornamental trees. (Statutes,
secs. 3314-3328.)
T o persons, including cooks, doing or performing any labor or
service in cutting, hauling, running, piling, rafting, booming, sawing,
peeling, etc., or manufacturing into lumber or timber any logs,
timber, stave bolts, heading, pulp, fire or cord wood, ties, poles,
posts, etc., or preparing wood fo r the manufacture o f charcoal.
(Secs. 3329-3337, 3341.)
T o persons performing labor or services in mining, manufactur
ing, or smelting iron, copper, silver, or other ores or minerals; or
quarrying, cutting, crushing, or otherwise preparing stone fo r build
ing, paving, monumental, or other use. (Secs. 3342e-3342m.)
T o every mechanic, jeweler, watchmaker, or silversmith making,
altering, or repairing any article o f personal property. (Secs.
3343, 3346m.)
Persons furnishing material or labor fo r public improvements
have a lien on the money, bonds, or warrants due the contractor.
(Sec. 3347dd.)
PROTECTION OP WAGES OP EMPLOYEES
59
T o persons shoeing or causing to be shod any horse, mule, ox, or
other animal. (Secs. 3347e^3347q.)
F or work done or services rendered in building, repairing, fitting
out, furnishing, or equipping any ship, boat, or vessel. (Secs.
3348-3357.)
W yom ing .— To any mechanic, artisan, civil engineer, or laborer
who shall make, alter, repair, or bestow labor on any article o f
personal property or upon the construction o f any ditch, canal, or
reservoir or appurtenances thereto. (C. S., secs. 3753 (amended
1913, ch. 100) , 3757-3766.)
.
F or labor in cutting or manufacturing railroad ties, wood, poles,
or lumber. (Secs. 3767, 3768.)
T o miners and other persons working in or on any ledge or lode o f
quartz bearing gold, silver, lead, cinnabar, or copper, or on any coal
bank or mine, or doing assessment work thereon; or on or in any
soda well or lake, oil well or spring; or laboring or furnishing
materials for timbering shafts, erecting apparatus, etc., including
hauling and transportation. (Secs. 3778-3798.)
T o every mechanic or other person doing or performing any
work, or labor, or furnishing materials, fixtures, or machinery for
any building, erection, or improvement on land. (Secs. 3799-3820.)
To laborers and miners performing labor in opening or develop
ing any coal mine, mining coal, and the like. (Acts o f 1911, ch. 26,
amended 1919, ch. 26.)
To mechanics, artisans, civil engineers, laborers, etc., doing work
or furnishing material for the construction or repair o f any ditch,
canal, or reservoir. (Acts o f 1917, ch. 54.)
To every person, firm, corporation, artisan, laborer, etc., doing
work or furnishing material, fuel, etc., for constructing, altering,
digging, drilling, operating, repairing, etc., gas, oil, or other wells,,
mines or quarries, oil derricks, tanks, or pipe lines. (Acts o f 1919,
ch. 128.)
P R O T E C T IO N O F W A G E S O F E M P L O Y E E S , ETC., O F C O N T R A C T O R S
Supplemental to the liens granted as set forth in the foregoing
digest, a number o f States provide for a form o f protection of the
wages due employees o f contractors and o f the amounts owing per
sons supplying materials, etc., to such contractors, which differs in
some important respects from such liens.
This relates most frequently but not exclusively to public works,
and requires that contractors shall, prior to entering upon the work,
give a bond to the companies or officials with whom the contract is
made. This is to run to the contracting company or official or board,
or to the State, as the law may direct, and is for the use o f persons
claiming as laborers or material men to whom the contractor is in
debted. These laws are quite uniform in their provisions and a
single one w ill serve as a sufficient presentation o f their form and
scope. The law o f the State o f Washington relating to contracts for
public works contains the customary provisions, except that in some
States a special limitation is provided, while in others the general
60
PART I.— DIGESTS AND SUMMARIES OF LAWS
law as to limitations o f actions is relied on. The law o f Washington
follow s:
W A S H IN G T O N — C O D E S A N D S T A T U T E S
Security for wages of employees on public works— Contractors9 bonds
S e c t io n 1159 (amended 1915, eh. 28). Bond to be required.— Whenever
any board, council, commission, trustees or body acting fo r the State or any
county or municipality or any public body shall contract with any person or
corporation to do any work for the State, county or municipality, or other
public body, city, town or district, such board, council, commission, trustees
or body shall require the person or persons with whom such contract is made
to make, execute and deliver to such board, council, commission, trustees or
body a good and sufficient bond, with two or more sureties, or with a surety
company as surety, conditioned that such person or persons shall faithfully
perform all the provisions of such contract and pay all laborers, mechanics
and subcontractors and material men, and all persons who shall supply such
person or persons, or subcontractors, with provisions and supplies fo r the
carrying on of such work, which bond shall be filed with the county auditor
of the county where such work is performed or improvement made, except
in cases of cities and towns, in which cases such bond shall be filed with the
clerk or comptroller thereof, and any person or persons performing such ser
vices or furnishing material to any subcontractor shall have the same right
under the provisions of such bond as if §uch work, services or material w as
furnished to the original contractor: Provided , however, That the provisions
of this act shall not apply to any money loaned or advanced to any such con
tractor, subcontractor, or other person in the performance of any such work.
S e c . 1160. Failure to require bond.— I f any board of county commissioners
of any county or mayor and common council of any incorporated city or town,
or tribunal transacting the business of any municipal corporation shall fail to
take such bond as herein required, such county, incorporated city or town, or
other municipal corporation, shall be liable to the persons mentioned in the
last preceding section, to the full extent and fo r the fu ll amount of all such
debts so contracted by such contractor.
S e c . 1161 (amended 1915, ch. 28). Amount; who may claim benefit; notice.—
The bond mentioned in section 1159 shall be in an amount equal to the fu ll
contract price agreed to be paid for such work or improvement, and shall be
to the State of Washington, except in cases of cities and towns, in which cases
such municipalities may by general ordinance fix and determine the amount of
such bond and to whom such bond shall ru n : Provided , That the same shall
not be for a less amount than 25 per cent of the contract price of any such
improvement, and may designate that the same shall be payable to such city,
and not to the State of Washington, and all such persons mentioned in said
section 1159 shall have a right of action in his, her, or their own name or
names on such bond for work done by such laborers or mechanics, and for
materials furnished or provisions and goods supplied and furnished in the
prosecution of such work, or the making of such improvements: Provided , That
such persons shall not have any right of action on such bond for any sum what
ever, unless within 30 days from and after the completion of the contract with
an acceptance of the work by the affirmative action of the board, council, com
mission, trustees, officer, or body acting for the State, county, or municipality,
or other public body, city, town, or district, and laborer, mechanic, or subcon
tractor, or material man, or person claiming to have supplied materials, pro
visions or goods for the prosecution of such work, or the making of such im
provement, shall present to and file with such board, council, commission,
trustees, or body acting for the State, county, or municipality, or other public
body, city, town, or district, a notice in writing. * * *
Such notiee shall be signed by the person or corporation making the claim
or giving the notice, and said notice, after being presented and filed, shall be a
public record open to inspection by any person, * * * . [Attorneys’ fees
may also be recovered on suits timely brought.]
The States having similar laws, as well as their application, are
set forth below:
Arizona.— Street improvements, It. S., sec. 1962 (amended 1917, ch. 34.)
Arkansas.— Public works, churches, etc., Digest, secs. 6912-6916.
P R O TEC T IO N OF W AG ES OF E M P L O Y E E S
61
California.— Public works, acts of 1919, ch. 303; street improvements, acts
of 1911, ch. 397 (amended, 1919, ch. 297) ; acts of 1919, ch. 322.
Colorado.— Public works, C. L., sec. 9514, acts of 1923, ch. 155; railroad,
reservoir or irrigation construction (private companies or corporations), C. L.
secs. 6481-6483.
Connecticut.— Railroad construction, G. S., sec. 3693.
Delaware.— Public works, acts of 1917, ch. 224.
District of Columbia.— Public works, acts of United States Congress, 18981899, ch. 218 (30 Stat. 906).
Florida.— Public works, R. G. S., sec. 3533.
Georgia.— Public buildings and works, acts of 1916, page 94.
H aw aii.— Public buildings and works, R. L., sec. 2673 (amended 1921,
No. 55).
Idaho.— Public works, amount over $200, C. S., sec. 7341.
Indiana.— Public works and improvements, A. S., secs. 5897, 5899, 5901a,
5901b, acts of 1915, ch. 115, sec. 17.
Kansas.— Public works, G. S., secs. 7569, 7570; private contracts, sec. 7568.
Louisiana.— Any undertaking where the amount involved is $500 or over;
acts of 1912, No. 167 (amended 1916, No. 262) ; drilling oil, gas, etc., wells,
acts of 1916, No. 232; public works, acts of 1918, No. 224; buildings generally,
acts of 1922, No. 139 (amended 1924, No. 230).
Maine.— Railroad construction, R. S., ch. 56, sec. 47.
Maryland.— Public works, acts of 1918, ch. 127.
Massachusetts.— Public works, G. L., ch. 30, sec. 39 (amended 1922, ch.
416) ; ch. 149, see. 29.
Michigan.— Public works, O. L., secs. 14827-14830; railroad construction
and repair, sec. 8336.
Minnesota.— Public works, G. S., sec. 8245 (amended 1923, ch. 373), 82468249; railroad construction or repair, secs. 6239, 6240.
Missouri.— Public works, R. S., secs. 1040, 1041, 10735.
Montana.— Public works, R. C., sec. 1686 (authorities to withhold 20 per
cent to meet labor, etc., claims).
Nebraska.— Public works, G. S., sec. 3224.
Nevada.— Public buildings or structures when contract price is over $500,
R. L. 1919, p. 2837 (acts of 1913, ch. 264).
N ew Jersey.— Public works, acts of 1918, ch. 75 (amended 1920, ch. 110).
N ew Mexico.— Public works, acts of 1923, ch. 136.
N ew York.— Canal construction, Con. L., ch. 5, sec. 145; ch. 59, sec. 57.
North Carolina.— Public works, Con. S., see. 2445 (amended 1923, ch. 100).
North Dakota.— Public works, R. C., secs. 6252 (amended 1915, ch. 67),
6253-6255.
Ohio.— Public works, acts of 1915, p. 607 (sec. 126) ; 1917, p. 642.
Oklahoma.— Public works, R. L., secs. 3881, 3882.
Oregon.— Public works, Laws, secs. 2991, 6718 (amended 1923, ch. 24).
Pennsylvania.— Public works, Stats., secs. 15854, 15855, 19207 (amended
1921, No. 277).
South Dakota.— Public works, R. C., sec. 5885.
Tennessee.— Public works, Code, secs. 1135a-1135a-3 (amended 1923, ch.
121).
Texas.— Public buildings or works, acts of 1913, ch. 99.
Utah.— Public buildings or works, C. L., secs. 3753-3755.
Vermont.— Railroad construction, G. L., sec. 5153.
Washington.— Public works, C. and S., secs. 1159-1161 (amended 1915, ch.
28) ; acts of 1921, ch. 166 (directs authorities to withhold amounts to meet
labor, etc., claim s).
W est Virginia.— Public works, Code Supp., sec. 3851k.
Wisconsin.— Public works, Statutes, sec. 3327a.
Wyoming.— Irrigation work and railroads, C. S., secs. 3823-3828; public
works to an amount of $500, acts of 1919, ch. 137; acts of 1921, ch. 151 (directs
publication of completion of public w o rk ; claims must be submitted within
time fixed).
United States.— Public works, Comp. Stat., sec. 6923.
62
P A R T I .— D IG E ST S A N D S U M M A R IE S O P L A W S
LIABILITY OF STOCKHOLDERS OF CORPORATIONS FOR WAGE
DEBTS DUE EMPLOYEES
The following States make stockholders in the designated cor
porations liable fo r debts owed employees fo r labor:
Indiana.— M anufacturing and mining corporations, A S., sec. 5105; rail
road corporations, sea 5822; union railroad corporations, sec. 5355; steam
packet companies, sec. 5600; navigation companies, sec. 5614; street railw ay
companies, sec. 5695.
Massachusetts.— Business and miscellaneous corporations generally, G. L.,
ch. 156, sec. 35; ch. 158, sec. 45.
Michigan.— Corporations and joint stock associations generally, Const., art.
12, sec. 4; acts of 1921, No. 84 (p. 151).
N ew York.— Stock companies generally, acts of 1923, ch. 787, sec. 7L
North "Carolina.— Railroads and other carriers, Con. S., sea 3426.
North Dakota.— Corporations engaged in mining, manufacturing, and in
dustrial pursuits, R. C., sec. 4517.
Oklahoma.— Mining and manufacturing corporations, R. L., sec. 1362.
Pennsylvania.— Corporations generally, Statutes, sea 5727; a number of
classes of corporations are also designated in separate laws.
Tennessee.— Corporations generally, Code, sec. 2076a8. A number of classes
of corporations are also designated in separate laws.
Wisconsin.— Every corporation other than railroads, Statutes, sec. 182.23.
ASSIGNMENT OF WAGES—WAGE BROKERS
A fairly standardized law specifically regulating the business o f
making loans on the security o f wages to be earned subsequently to
the contract is found in a few States. These are:
Colorado.— C. L., secs. 4246-4256.
Illinois.— R. S., ch. 32, secs. 218-230
Indiana.— A. S., secs. 7996-8001b.
Montana.— R. C., secs. 4173-4182.
N ew York.— Con. L., ch. 41, sec. 42 (am. 1911, ch. 626).
Texas.— Acts of 1915, ch. 28.
Fairly representative o f the foregoing laws is that o f Indiana,
with the exception that the interest rate therein fixed is unusually
low, as would appear from the analysis following the text o f that
statute, herewith reproduced.
IN D IA N A — A N N O T A T E D STATUTES
Assignment of tcages— Wage brokers
S e c t io n 7996. Definition .— Any person, company, corporation, or association
loaning money directly or indirectly to any employee or wage-earner upon
the security of or in consideration of any assignment of the wages or salary
of such employee or wage-earner, shall be defined and held to be a wage
broker and subject to the provisions of this act.
S e c . 7997. Assignments limited .— No assignment of his or her wages or
Salary by any employee or wage-earner to any wage broker or any other per
son for his benefit shall be valid or enforceable, nor shall any employer or
debtor recognize or honor such assignment fo r any purpose whatever, unless
it be for a fixed and definite part of the wages or salary earned or to be
earned during a period not exceeding thirty days immediately following the
date of the assignment. Any assignment which shall be postdated or dated
on any other date than that of its actual execution shall be void and of no
effect fo r any purpose whatever.
S e c . 7998. Rate of interest.— N o wage broker shall ask, demand or receive,
either as compensation or interest, or in any other manner directly or indi
rectly, any compensation or interest for the use of money advanced or loaned
by him to any employee or wage-earner in excess of the rate of eight per
A S S IG N M E N T OF W AGES
63
cent per year, and said compensation or rate of interest shall be computed
upon the amount actually advanced to and received by the borrower, and no
commission, compensation or charges in addition to the interest above named
shall be asked, demanded or received by said wage broker or any other per
son for making or securing said advancement or loan.
S e c . 7999. Assignments by married men.— N o assignment of his wages or
salary by a married man, who shall be the head of a family residing in this
State, shall be valid or enforceable without the consent of his wife, evidenced
by her signature to said assignment executed and acknowledged before a
notary public or other officer empowered to take acknowledgments of con
veyances, and no wage broker or person connected with him directly or in
directly shall be authorized to take any such acknowledgment.
S e c . 8000. Employer to have notice.— No assignment of wages or salary shall
be valid or enforceable unless notice in writing of the same accompanied by a
copy of the assignments, shall be given to the employer or debtor within ten
days from the date o f its execution.
S e c . 8001. Status of purchased assignments.— Every purchase of a wage
broker of an assignment of the wages or salary of any employee or wageearner shall be held and considered to be the loan in the sum and of the
amount actually paid to and received by such employee or wage-earner.
S e c . 8001a. Violations.— Any person, company, corporation or association, or
the officers, members, agents, or employees thereof, violating any or either of
the provisions of this act shall be deemed guilty of a misdemeanor, and upon
conviction, shall be liable to a fine in the sum of not less than twenty ($20)
dollars nor more than one hundred ($100) dollars for each offense, or to
imprisonment in the county ja il for a period not to exceed ninety days, or
both.
S e c . 8001b. W hat notes, etc., void.— Any note, bill or other evidence of
indebtedness and any assignment of wages or salary given to or received
by any wage broker or any other person in violation of any of the provisions
of this act shall be null and void and of no effect; and upon conviction,
any and all moneys advanced or loaned by said wage broker in violation
of any of the provisions of this act and all interest thereon shall be for
feited.
The assent o f the w ife is required in all the States named except
Illinois and New York. A ll the laws likewise require that the em
ployer receive notice o f the assignment except in Illinois and Texas.
The interest rate permitted is 2 per cent per month in ‘Colorado,
3 per cent in Illinois, 12 per cent per year in Montana, 18 per cent
in New York, and the amount contracted for in Texas.
Laws relating to the same subject but less detailed in their re
quirements are found in—
Kentucky.— Statutes, sec. 4758a (am. 1918, ch. 36.)
Maryland.— A. C., art. 8, secs. 11-17.
Massachusetts.— G. L., ch. 154.
Minnesota.— G. S., secs. 3858 (am. 1917, ch. 321), 3859-3861.
Rhode Island.— G. L., ch. 304, secs. 1-7.
These laws vary in form, but embody various details, as o f state
ments o f account, consent o f employer and o f spouse, lim it o f the
term o f the assignment and the proportion o f wages assignable, the
recording o f assignments, etc.
Apparently coming into the field somewhat later, and o f broader
scope, is a uniform small-loans act, which covers personal loans,
usually up to $300, for the security o f which chattels or wages are
mortgaged or assigned. Such laws have been enacted in—
Arizona.— Acts of 1919, ch. 91.
Colorado.— C. L., secs. 3781-3801.
Connecticut.— Acts of 1919, ch. 219 (am . 1923, ch. 223).
Georgia.— Acts of 1920, p. 215.
Illinois.— R. S., ch. 74, secs. 14-17.
Iowa.— Acts of 1921, ch. 35.
64
P A R T I .— D IG ESTS A N D S U M M A R IE S OF L A W S
Maine.— Acts of 1917, ch. 298.
Maryland.— Acts of 1918, ch. 88 (am. 1924, ch. 115).
Michigan.— 0. L., secs. 6031-6038.
N ew Jersey.— Acts of 1914, ch. 49.
Rhode Island.— Acts of 1923, ch. 2312.
Utah.— C. L., secs. 4380-4389.
Virginia.— Acts of 1918, ch. 402 (am. 1920, ch. 299).
These laws require the procuring o f a license by persons,#firms, or
corporations desiring to engage in the business o f making small
loans; the givin g o f a bond running to the benefit o f the person
injured by violations o f the law, etc., on the part o f the office; and
the giving o f specific statements as to the loan and receipts o f pay
ments, quite similar to the wage-brokers’ act. There is uniformly
a specific reference to loans secured by the assignment o f wages.
Where the assignor is a married person, the assent o f the spouse is
required in the States named with the exception o f Illinois. Notice
must also be given to the employer except in Iow a and U ta h ; while
in New Jersey the assignment is not valid until the employer
accepts it.
Interest charges are limited to 3 per cent per month in Michigan
fo r loans under $100 and 2 per cent per month for loans from $100
to $300; to 3 per cent in New Jersey and Utah, and to Sy2 per cent
in Arizona, Connecticut, Georgia, Illinois, Iowa, Maine, Maryland,
Rhode Island, and V irgin ia; in the last-named State, however, a
rate o f 5 per cent may be charged on loans under $50. The rate
in Colorado is 12 per cent per annum.
The amount collectible is limited in some States, the maximum
being 10 per cent o f the monthly wage in Arizona, Colorado, Connec
ticut, Georgia, Iowa, Maryland, Rhode Island, and Virginia, and 50
per cent in Illinois. I t may be added that the small-loans act o f
Illinois is declared not to apply to loans made under the wagebrokers’ act.
There is a third group o f laws which regulate the assignment o f
wages as security for loans o f a less uniform type and o f rather
more general application than the foregoing. The following are
citations o f these law s:
Minnesota.— G. S., secs. 5811, 5812.
Mississippi.— Acts o f 1914, ch. 112.
Nebraska.— O. S., secs. 2459, 2845-2856.
N ew York.— Acts of 1914, ch. 518.
Ohio.— G. C., secs. 6346-1, 6346-10 (added 1911, p. 469; am. 1915, p. 281;
1917, p. 509; 1923, p. 209).
Tennessee.— Code, secs. 3522A- 3522A-14.
Like the small-loans act, the foregoing statutes cover loans on
other security than wages, but all make specific mention o f loans on
wage security, and contain various provisions as to statements o f
account, consent o f spouse, etc. In Minnesota, where the loan does
not exceed $200 a rate o f interest not to exceed 1 per cent per month
may be charged. The Mississippi law is restrictive in the sense that
where more than 20 per cent per annum is charged a license fee o f
$2,000 must be paid. The Nebraska statute permits the collection
o f 10 per cent per annum interest and a fee o f 10 per cent o f the loan.
The laws o f New Y o rk and Ohio lim it the interest to 3 per cent per
month, the latter also requiring a notice to the employer. In Ten
nessee an interest rate or 6 per cent is allowed, but a fee may be
E A R N IN G S OF M A RRIED W O M E N
65
charged for closing the transaction, ranging from 25 cents on loans
o f $5 or less to $1 on loans o f from $25 to $60; 2 per cent may be
charged on loans over $60. A fee may be charged not only for mak
ing the transaction but for each renewal, but no renewal may be
made oftener than once in 30 days.
The amount collectible monthly under the contracts is limited to
10 per cent in New Y o rk and 50 per cent in Ohio.
The business o f wage brokerage is taxed in Georgia (acts o f 1918,
p. 43) and Louisiana (acts o f 1920, No. 233), but these acts contain
no regulatory provisions.
EARNINGS OF MINORS
The individual earnings o f minors may, by statute, be paid by
the employer to the minor, unless the parent or guardian gives prior
notice to the employer and makes claim fo r the wages, in the follow
ing jurisdictions:
California.— Civ. C., sec. 212.
Idaho.— C. S., secs. 4663, 4678.
Iowa.— Code, sec. 3191.
Kansas.— G. S., sec. 6360.
Minnesota.— G. S., sec. 3857.
Montana.— It. C., sec. 5849.
N ew York.— Con. L., ch. 14, sec. 72.
North Dakota.— R. C., sec. 4105.
Oklahoma.— R. L., sec. 4381.
Porto Rico.— R. S., sec. 3295.
South Carolina.— Civ. C., sec. 3788.
South Dakota.— R. C., sec. 197.
Utah.— C. L., sec. 3958.
Washington.— C. and S., sec. 5295.
The earnings o f minor children are in general exempt from execu
tions against the parents.
EARNINGS OF MARRIED WOMEN
The individual earnings o f married women are by statute secured
to their personal disposition and control in the following juris
dictions :
Alabama.— Code, sec. 8262.
Alaska.— C. L., sec. 490.
Arkansas.— Digest, secs. 5580, 5581.
California.— Civ. C., sec. 168.
Colorado.— C. L., sec. 5578.
Connecticut.— G. S., secs. 5274, 5278.
Delaware.— R. C., sec. 3059.
District of Columbia.— Code, sec. 1151.
Florida.— R. G. S., sec. 3952.
Georgia.— Const., art. 3, sec. 11.
H aw aii.— R. L., sec. 2952.
Idaho.— C. S., sec. 4667. .
Illinois.— R. S., ch. 68, sec. 7.
Indiana.— A. S., sec. 7867.
Iowa.— Code, sec. 3162.
Kansas.— G. S., sec. 6163.
Maine.— R. S., ch. 66, sec. 3.
Maryland.— A. C., art. 45, sec. 1.
Massachusetts.— G. L., ch. 209, sec. 4.
Michigan.— C. L., sec. 11478.
Minnesota.— G. S., 1913, sec. 7143,
105446°— 25------5
66
P A R T I .— D IG E ST S A N D S U M M A R IE S O P L A W S
Missouri.— R. S., sea 7328.
Montana.— R. C., secs. 5795, 5797.
Nebraska.— C. S., sec. 1511.
Nevada.— R. L., 1919, p. 2813 (sec. 2160).
N e w Hampshire.— P. S., cb. 176, sec. 1.
N ew Jersey.— C. S., p. 3225.
N ew Mexico.— A. S., sec. 2759.
N ew York.— Con. L., ch. 14, sec. 60.
North Carolina.— Const, art. 10, sec. 6; Con. S., sec. 2513.
North Dakota.— R. C., sec. 4082 (am. 1915, ch. 171).
Oklahoma.— R. L., sec. 3557.
Oregon.— Law s, sec. 9754.
Pennsylvania.— Statutes, sec. 14574.
Porto Rico.— Civ. C., sec. 1314.
Rhode Island.— G. L., ch. 290, sec. 1.
South Carolina.— Civ. C., sec. 3759.
South Dakota.— Const., art. 21, sec. 5; R. O., sec. 175.
Tennessee.— Code, secs. 4247a, 4247al, 4249a.
Texas.— R. C. S., sec. 4622 (am. 1913, ch. 32).
Utah.— C. L., sec. 2986.
Vermont.— G. L., sec. 3524.
Virginia.— Code, sec. 5134.
Washington.— C. and S., sec. 5920.
W est Virginia.— Code, sec. 3680.
Wisconsin.— Statutes, sec. 2343.
Wyoming.— C. S., sec. 3912.
SUNDAY LABOR
A ll the States and Territories, with the exception o f the District
o f Columbia and the Philippine Islands, have legislation prohibiting
various kinds o f work on Sunday, though the observance o f another
day o f the week usually secures exemption. Arizona and Oregon
confine their laws to the trade o f barbering; but the laws generally
prohibit “ laboring at any trade or calling or employing apprentices
or servants in labor or other business, except in household or other
work o f necessity or charity,” or make like provision, with exceptions
as to the operation o f street railways, railroad trains carrying pas
sengers or perishable goods, and usually the sale o f newspapers,
drugs, tobacco, milk, ice, and the like. In a few States, however, all
such sales are illegal; train movements are also limited in some.
Laws forbidding Sunday labor have been condemned as a violation
o f the principle o f religious freedom (E x parte Newman (1858), 9
Calif. 502); but they are now universally upheld as being rather
social and economic in their effect and a valid expression o f public
policy with regard to the well-being and general welfare o f persons
within the State (Hennington v. Georgia (1896), 163 U. S. 299, 16
Sup. Ct. 1086). Laws singling out special places o f employment, as
barber shops or bakeries, have been held discriminatory and invalid
(C ity o f Marengo v. Rowland (1914), 263 111. 531, 105 N. E. 285
(barbers); E x parte Westerfield (1880), 55 Calif. 550, 36 Am. Rep.
47 (bakeries)).
The restriction o f the operation o f freight trains generally is not
such an interference with interstate commerce as to be outside the
power o f a State legislature (Heimington v. Georgia, supra), though
but few States have laws with this provision.
Following are the citations o f Sunday labor laws in the various
jurisdictions:
L E G A L H O L ID A Y S
67
Alabam a.— Code, sec. 5539.
Alaska.— C. L., sec. 2021.
Arizona.— Acts of 1915, ch. 56 (barbers only).
Arkansas.— Digest, secs. 2732-2735.
Colorado.— C. L., secs. 6904, 6920, 6921.
Connecticut.— G. S., secs. 3755-3757, 3869, 6450-6453.
Delaware.— It. C., secs. 932, 4784.
Florida.— R. G. S., secs. 5491-5493.
Georgia.— Penal Code, secs. 414 (am. 1911, p. 70; 1921, p. 120), 416.
H aw aii.— R. L., secs. 4191 (am. 1915, No. 19), 4193, 4194.
Idaho.— C. S., secs. 8291, 8292 (am. 1921, ch. 260), 8293.
Illinois.— R. S., ch. 38, sec. 261.
Indiana.— A. S., sec. 2364.
Iowa.— Code, sec. 5040.
Kansas.— G. S., secs. 3661-3665.
Kentucky.— Statutes, secs. 1321, 1322.
Louisiana.— R. L., p. 234; acts of 1918, No. 146.
Maine.— R. S., ch. 126, secs. 35, 38.
Maryland.— A. C., art. 27, sec. 436.
Massachusetts.— G. L., ch. 136, secs. 5-7, 12, 19, 20.
Michigan.— C. L., secs. 7764, 7765, 7769, 7771-7773.
Minnesota.— G. S.j secs. 8752-8754.
Mississippi.— Code, secs. 1366, 1367.
Missouri.— R. S., secs. 3596, 3597.
Montana.— R. C., secs. 11040, 11041.
Nebraska.— C. S., secs. 9795, 9797.
Nevada.— R. L., 1919, p. 2641.
N ew Hampshire.— P. S., ch. 271, secs. 3, 5, 10, 13.
N ew Jersey.— C. S., p. 5712, secs. 1-4, 13, 33, 34; acts of 1914, ch. 252, sec. 9
(am . 1919, ch. 36).
N ew Mexico.— A. S., secs. 1789, 1790.
N ew York.— C. L., ch. 40, secs. 2142-2144, 2146, 2153; acts of 1921, ch. 50,
sec. 161.
North Carolina.— C. S., secs. 3480, 3481, 3955.
North Dakota.— R. C., secs. 8567-8572, 8574, 8577 (am. 1917, ch. 222).
Ohio.— G. C., secs. 13044, 13045, 13047.
Oklahoma.— R. L., secs. 2405 (am. 1913, ch. 204), 2406.
Oregon.— Laws, secs. 2126, 2127 (barbers only).
Pennsylvania.— Statutes, sec. 20252.
Porto Rico.—-R. S., secs. 6004 (am. 1914, No. 24; 1917, No. 26), 6007.
Rhode Island.— G. L., ch. 399, secs. 18-21.
South Carolina.— Code, secs. 3210, 3211 (am. 1912, No. 327), 3212, 3213; Crim.
C., secs. 698, 701.
South Dakota.— R. C., secs. 3846-3851, 3854.
Tennessee.— Code, secs. 3029, 3030.
Texas.— R. C. S., arts. 299-303.
Utah.— C. L., sees. 8129, 8130, 8133, 8134.
Vermont.— G. L., secs. 7097 (am. 1921, No. 215), 7098.
Virginia.— A. C., secs. 4570-4575; acts of 1920, No. 251.
Washington.— C. and S., secs. 2494, 2496, 2917.
W est Virginia.— Code, secs. 5321, 5322.
Wisconsin.— Statutes, secs. 4595, 4595d, 4595da, 4595e, 4596.
Wyoming.— C. S., sec. 5980.
United States.— C. S., secs. 7199, 7239, 7239a (Postal Service).
LEGAL HOLIDAYS IN THE STATES AND TERRITORIES
The following statement shows the days which, besides Sunday,
have been appointed as legal holidays by the legislatures o f the vari
ous States, Territories, etc., and by the United States Congress for
the District o f Columbia:
Janu ary 1—New Year's Day.— A ll jurisdictions.
Janu ary 8—Anniversary of the Battle of New Orleans.— Louisiana.
68
P A R T I .— D IG E ST S A N D S U M M A R IE S OF L A W S
Jan u ary 19— Lee’s Birthd ay.— Alabam a, Arkansas, Florida, Georgia, Mis
sissippi, North Carolina, South Carolina, Tennessee, and Virginia.1
February 12— Lincoln’s Birthd ay.— Alaska, California, Colorado, Conneecticut, Delaware, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri,1
Montana, Nebraska, Nevada, N ew Jersey, N ew York, North Dakota, Ohio,
Oregon, Pennsylvania, South Dakota, Tennessee, Utah, Washington, W est V ir
ginia, and Wyoming.
February 14— Admission D ay .— Arizona.
February 22— Washington's Birthday.9— A ll jurisdictions.
March 2— Anniversary of Texan Independence.— Texas.
March 4•— Inauguration Day.— District o f Columbia.4
March 22— Em ancipation Day.— Porto Rico.
March 25— M aryland Day.— Maryland.
March 80— Seward’s Day.— Alaska.
A p ril 12— H alifax Resolutions Day.— North Carolina.
A p ril 13— Thomas Jefferson’s Birthday.— Alabama.
A p ril 19— Patriots’ Day.— Maine and Massachusetts.
A p ril 21— Anniversary of the Battle of San Jacinto.— Texas.
A p ril 26— Confederate Memorial Day.— Alabam a, Florida, Georgia, and M is
sissippi.
M ay 10— Confederate Memorial Day.— North Carolina and South Carolina.
M ay 20— Anniversary of the Mecklenburg Declaration of Independence.—
North Carolina.
M ay 80— Decoration or Memorial Day.— Alaska, Arizona, California, Colo
rado, Connecticut, Delaware, District o f Columbia, H aw aii, Idaho, Illinois,
Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan,
Minnesota, Missouri, Montana, Nebraska, Nevada,® N ew Hampshire, N e w
Jersey, N ew Mexico, N ew York, North Dakota, Ohio, Oklahoma, Oregon, Penn
sylvania, Philippine Islands, Porto Rico, Rhode Island, South Dakota, Ten
nessee, Utah, Vermont, Washington, W est Virginia, Wisconsin, and Wyoming.
M ay 30— Confederate Memorial Day.— Virginia.
June 3— Confederate Memorial Day.— Louisiana, Tennessee, and Texas.
June 8— D avis’s Birthday.— Alabama, Arkansas, Florida, Georgia, Mississippi,
South Carolina, and Virginia.
June 11—Anniversary of the union of H aw aiian Islands by Kamehameha I,
1795.— H aw aii.
June 15— Pioneer Day.— Idaho.
Ju ly 4— Independence Day.— A ll jurisdictions.
Ju ly 18— General Forrest’s Birthday.— Tennessee.
Ju ly 17— Luis Munoz R ivera’s Birthday.— Porto Rico.
Ju ly 24— Pioneer Day.— Utah.
Ju ly 25— Anniversary of the Landing of American Troops.— Porto Rico.
Ju ly 27— Dr. Jos6 Celso Barbosa’s Birthday.— Porto Rico.
August 1— Colorado Day.— Colorado.
August 18— Assumption Day.9— Philippine Islands.
August 16— Bennington B attle Day.— Vermont.
September 9— Admission Day.— California.
September 12— Defenders’ Day.— Maryland.
October 12— Columbus Day.— Arizona, Arkansas,1 California, Colorado,1
Connecticut, Delaware, Idaho, Illinois, Indiana, Kansas,1 Kentucky, Louisiana,
Maryland, Massachusetts, Missouri,1* Montana, Nebraska, Nevada,5* N ew H am p
shire, N ew Jersey, N ew Mexico, N ew York, North Dakota, Ohio, Oregon,
Pennsylvania, Porto Rico, Rhode Island, Vermont, Texas, Utah, Washington,
and W est Virginia.
October 18— Alaska Day.— Alaska.
October 81— Admission Day.— Nevada.5
October— Second Thursday— Fraternal Day.— Alabama.
October— Second Friday— Farm ers’ Day.— Florida.
November 1— A ll Saints’ Day.— Louisiana.
1 Lee-Jack son Day.
2 Does not affect commercial paper or the making or executing of agreements in writing
or interfere with judicial proceedings.
8 Also designated Arbor Day in Texas.
* Every fourth year.
8 Nonjudicial day.
• Commemorates the surrender of the city of Manila to the American forces.
RAILROADS
69
November 11— Armistice D ay .— Alabama, Arizona, Arkansas, California, Col
orado, Florida, Hawaii, Illinois, Iowa, Kentucky, Louisiana, Maine, Minnesota,
Mississippi, Missouri, Montana, Nebraska, N ew Jersey, N ew Mexico, North
Carolina, North Dakota, Oklahoma, Oregon, Pennsylvania, Tennessee, Rhode
Island, South Carolina, South Dakota, Texas, Vermont, Virginia, Wyoming.
November SO—Bonifacio D ay.— Philippine Islands.
December 25— Christmas D ay .— A ll jurisdictions.
December 30—Rizal Day.— Philippine Islands.
Arbor day.1— Arizona,8* Nebraska,® Rhode Island,10 Utah.111
2 and Wyoming.18*
Fast Day ( whenever appointed).— California, Colorado, Connecticut, District
of Columbia, Georgia, H awaii, Idaho, Illinois, Indiana, Iowa, Kansas, Ken
tucky, Maryland, Michigan, Montana, Nebraska, N ew Hampshire, N ew Jersey,
N ew Mexico, N ew York, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania,
Porto Rico, Rhode Island, South Dakota, Tennessee, Texas, Utah, Vermont,
and Virginia.
General election days.— Alaska, Arizona, Arkansas, California, Colorado,
Delaware, Florida, H awaii, Idaho, Illinois, Indiana, Iowa, Louisiana, M ary
land, Michigan, Minnesota, Missouri, Montana, Nevada,5 N ew Hampshire, N ew
Jersey, N ew York, North Carolina, North Dakota, Ohio,13 Oklahoma, Oregon,
Pennsylvania, Philippine Islands, Porto Rico, Rhode Island, South Carolina,
South Dakota, Tennessee, Texas, Virginia, Washington, W est Virginia, W is
consin, and Wyoming.
Prim ary election days.— California, H aw aii, Nevada,5 Missouri, South
Dakota, and Wisconsin.
Good Friday.— Delaware, Florida, Louisiana, Maryland, Minnesota, N ew
Jersey, Pennsylvania, Philippine Islands, Porto Rico, and Tennessee.
Labor 'D a y —M ay 1.— Philippine Islands. D ay set by governor— Wisconsin
and Wyoming. The first Monday in September— A ll other jurisdictions.
M ardi Gras.— Alabama, Florida,14 and Louisiana.151
6
Saturdays after 12 o'clock noon.— Colorado,15 Delaware,17 District of
Columbia, Illinois,18 Louisiana,10 Maine, Maryland,20 Michigan, Missouri,212
N ew Jersey, N ew York, Pennsylvania, South Carolina,232
4 Tennessee, and
Virginia.28
Thanksgiving Day ( Whenever appointed).™— A ll jurisdictions.
Regatta Day— Third Saturday in September.— Hawaii.
Thursday of F a ir Week.— South Carolina.25*
Thursday of Holy Week.— Philippine Islands,
RAILROADS
State laws affecting railroad operations must o f necessity be con
sidered in their relation to Federal legislation in this field, since the
power o f Congress to legislate as to interstate commerce is para
8 Nonjudicial day.
7 Other States also provide hy law for an arbor day, but do not make it a legal holi
day, except in a few cases for school children.
8 The first Friday after the first day of February in some counties, and the first Fri
day after the first day of April in others.
8 April 22.
10 Second Friday in May.
» April 15.
12 Day to he set by governor.
13 Afternoon only.
14 In cities or towns wherein there are carnival associations.
18 In the Parish of Orleans.
16 Cities of 25,000 population or over, during the months of June, July, and August.
17 Applies only to Newcastle and Kent counties. In the city of Wilmington the law
applies every Saturday in the year, in the rest of the county only from June to Septem
ber, inclusive.
18 In cities of 200,000 inhabitants or over.
18 Cities and towns of over 10,000 population.
20 In Baltimore, Annapolis, Baltimore County, Harford County, and Montgomery
County.
21 Cities of over 300,000 population.
22 In Charleston and Richland Counties only.
23 Cities and counties of the first class.
24 In Mississippi, the last Thursday in November.
28 In counties where the State Agricultural and Mechanical Society holds an annual
fair.
70
P A R T I . — D IG E ST S A N D S U M M A R IE S O P L A W S
mount,1 This fact gives to State laws a sort o f existence on suf
ferance, in so far as their application goes to affect interstate com
merce, whether the subject be one o f equipment or construction o f
tracks, rolling stock, etc., or o f terms or conditions o f employment
They are valid where not in conflict with Federal laws, but can not
piece out such legislation in an occupied field.23 The controlling
status o f Federal legislation occasions its publication at length; while
State laws on the same or correlative subjects are abridged or sum
marized. State laws affecting local conditions, as bridges and wires
over tracks, structures near tracks, shelters for workmen, etc., appear
in P art I I o f this compilation, as do laws as to qualifications o f em
ployees on railroads, interfering with employment, etc.
SAFETY APPLIANCES
The safety appliance laws o f the United States are shown as
printed in the Compiled Statutes, 1916-1923:
U N I T E D S T A T E S — C O M P IL E D S T A T U T E S , 1910-1923
Railroads— Safety appliances, etc,
(Acts o f March 2, 1893, April 1, 1896, March 2, 1903, May 30, 1908, April 14 and
May 6, 1910, February 17 and March 4, 1911, March 4, 1915, June 26, 1918, June 7,
1924.)
S e c t io n 8605. Power brakes.— From and after the first day of January,
eighteen hundred and ninety-eight, it shall be un law ful fo r any common car
rier engaged in interstate commerce by railroad to use on its line any loco
motive engine in moving interstate traffic not equipped with a power drivingwheel brake and appliances fo r operating the train-brake system, or to run
any train in such traffic after said date that has not a sufficient number of cars
in it so equipped with power or train brakes that the engineer on the loco
motive drawing such train can control its speed without requiring brakemen
to use the common hand brake for that purpose.
S e c . 8606. Automatic couplers.— On and after the first day of January,
eighteen hundred and ninety-eight, it shall be unlawful for any such com
mon carrier to haul or permit to be hauled or used on its line any car used
in moving interstate traffic not equipped with couplers coupling automatically
by impact, and which can be uncoupled without the necessity of men going
between the ends of the cars.
The benefits of this section are not restricted to employees engaged in coupling or
uncoupling cars, but reach to any employee who is injured in. the scope of his duty by
reason of defects in the prescribed equipment. Chicago Junction R. Co. v . King, 169
Fed. 372.
The statute requires both ends of a car to be equipped with effective couplers, and the
fact that a defective coupler was in contact with an effective one so that couplings could
be made from one side of the train but not the other does not relieve the company of its
liability to a penalty. Central Vermont R. Co. v . U. S., 205 Fed. 40.
S e c . 8607. Cars without equipment.— When any person, firm, company, or
corporation engaged in interstate commerce by railroad shall have equipped a
sufficient number of its cars so as to comply with the provisions of section
one of this act, it may law fully refuse to receive from connecting lines of
road or shippers any cars not equipped sufficiently, in accordance with the first
section of this act, with sueh power or train brakes as w ill work and readily
interchange with the brakes in use on its own cars, as required by this act.
1 “ The relative supremacy of the State and national power need not be commented upon.
Where there is a conflict the State legislation must give way. Indeed, when Congress
acts in such a way as to manifest its purpose to exercise its constitutional authority the
regulating power of the State ceases to exist.” Erie R. Co. v . New York (1914), 233
U. S. 671, 34 Sup. Ct. 756.
3 Northern Pacific R. Co. v . Washington (1912), 222 U. S. 370, 32 Sup. Ct. 1601;
Erie R. Co. v . New York, supra; Southern R. Co. v . Railroad Commission (1915), 236
U. S. 439, 35 Sup. Ct. 304 (see p. 76 ).
R A IL R O A D S
71
S ec . 8608. Grab irons.— From and after the first day o f July, eighteen hun
dred and ninety-five, until otherwise ordered by the Interstate Commerce Com
mission, it shall be unlawful for any railroad company to use any car in inter
state commerce that is not provided with secure grab irons or handholds in the
ends and sides of each car for greater security to men in coupling and un
coupling cars.
Sec . 8609. Height of drawbars.— W ithin ninety days from the passage of
this act the American R ailw ay Association is authorized hereby to designate
to the Interstate Commerce Commission the standard height of drawbars for
freight cars, measured perpendicular from the level of the tops of the rails to
the centers o f the drawbars, for each o f the several gauges of railroads in use
in the United States, and shall fix a maximum variation from such standard
height to be allowed between the draw bars of empty and loaded cars. Upon
their determination being certified to the Interstate Commerce Commission,
said Commission shall at once give notice of the standard fixed upon to all com
mon carriers, owners, o r lessees engaged in interstate commerce in the United
States by such means as the Commission may deem proper. But should said
association fa il to determine a standard as above provided, it shall be the duty
of the Interstate Commerce Commission to do so, before July first, eighteen hun
dred and ninety-four, and immediately to give notice thereof as aforesaid,
And after July first, eighteen hundred and ninety-five, no cars either loaded or
unloaded, shall be used in. interstate traffic which do not comply with the
standard above provided for.
This section is constitutional. The duty of maintaining the couplers in the prescribed
condition is an absolute one, which can not be discharged by the use merely of reasonable
care or by its delegation to competent persons. St. Louis, I. M. & S. R. Co. v . Taylor,
210 U. S 281, 28 Sup. Ct. G16.
S ec. 8610 (a s amended by act of A pril 1, 1896). Penalty.— Any such common
carrier using any locomotive engine, running any train, or hauling or permitting
to be hauled or used on its line any car in violation o f any of the provisions
of this act, shall be liable to a penalty of one hundred dollars for each and
every such violation, to be recovered in a suit or suits to be brought by the
United States district attorney in the district court of the United States hav
ing jurisdiction in the locality where such violation shall have been committed;
and it shall be the duty of such district attorney to bring such suits upon
duly verified information being lodged with him of sucli violation having oc
curred; and it shall also be the duty of the Interstate Commerce Commission
to lodge with the proper district attorneys information of any such violations
as may come to its knowledge: Provided , That nothing in this act contained
shall apply to trains composed of four-wheel cars or to trains composed of
eight-wheel standard logging cars where the height of such car from top of
rail to center of coupling does not exceed twenty-five inches, or to locomotives
used in hauling such trains when such cars or locomotives are exclusively used
fo r the transportation of logs.
S ec . 8611. Extension of time.— The Interstate Commerce Commission may
from time to time upon fu ll hearing and for good cause extend the period
within which any common carrier shall comply with the provisions of this
act
S ec . 8612. Employees do not assume riskf when.— Any employee of any such
common carrier who may be injured by any locomotive, car, or train in use
contrary to the provisions of this act shall not be deemed thereby to bave
assumed the risk , thereby occasioned, although continuing in the employment
of such carrier after the unlaw ful use of such locomotive, car, or train had
been brought to his knowledge.
Courts will take official cognizance of the effect of this statute, though the plaintiff
in no way indicates that he relies on it for recovery. Couplers which have become worn
and inoperative are not a compliance with the requirements of this act, though of
proper form and style. A car designed for use in interstate traffic, though empty, is
within the provisions of the statute. Voelkin v . Chicago, M. & St. P. R. Co., 116
Fed. 867.
Failure by a railroad company to equip its cars with couplers as required by this
statute is negligence per se, and the defense of contributory negligence can not be made
against an employee injured because of such failure, even if the employee was thus
negligent; and an employee remaining in service does not assume the risk. Greenlee
v . Southern R. Co., 122 N. C. 977, 30 S. EJ. 115.
A locomotive is a car requiring automatic couplers under this statute. Not only
must the couplers provided work automatically with others of the same make, but the
different kinds used must couple automatically one with another. Johnson v . Southern
Pac. Co., 196 U. S. 1, 25 Sup. Ct. 158.
72
PART I.— DIGESTS AND SUMMARIES OP LAWS
The purpose of this act is to promote a high degree of care and diligence for the pro
tection of employees. Knowledge is not an element of an offense. United States v.
Chicago, B. & Q. R. Co., 156 Fed. 180.
Sec . 8613. Application of law of 1898.— The provisions and requirements of
* * * [secs. 8605-8612], shall be held to apply to common carriers by
railroads in the Territories and the District of Columbia, and shall apply in
all cases, whether or not the couplers brought together are of the same kind,
make, or type; and the provisions and requirements hereof and of said acts
relating to train brakes, automatic couplers, grab irons, and the height of
drawbars shall be held to apply to all trains, locomotives, tenders, cars, and
similar vehicles used on any railroad engaged in interstate commerce, and
in the Territories and the District of Columbia, and to all other locomotives,
tenders, cars, and similar vehicles used in connection therewith, excepting
those trains, cars, and locomotives exempted by the provisions of section
* * * [8610], or which are used upon street railways.
Sec . 8614. F ifty per cent of cars to be equipped.— Whenever, as provided in
said act, any train is operated with power or train brakes, not less than
fifty per centum of the cars in such train shall have their brakes used and
operated by the engineer of the locomotive drawing such tr a in ; and all powerbraked cars in such train which are associated together with said fifty per
centum shall have their brakes so used and operated; and, to more fully
carry into effect the objects of said act, the Interstate Commerce Commission
may, from time to time, after fu ll hearing, increase the minimum percentage
of cars in any train required to be operated with power or train brakes which
must have their brakes used and operated as aforesaid; and failure to com
ply with any such requirements of the said Interstate Commerce Commission
shall be subject to the like penalty as failure to comply with any require
ment of this section.
S e c . 8615. Act construed.— The provisions of this act shall not take effect
until September first, nineteen hundred and three. Nothing in this act shall
be held or construed to relieve any common carrier, the Interstate Commerce
Commission, or any United States district attorney from any of the provisions,
powers, duties, liabilities, or requirements of said act * * * [secs. 86058612]; and all of the provisions, powers, duties, requirements and liabilities
of said act * * ' * shall, except as specifically amended by this act, ap
ply to this act.
S ec . 8616. * * * M ail cars.— H ereafter all inspectors employed for the
enforcement of said act [secs. 8605-8612] shall also be required to make ex
amination of the construction, adaptability, design, and condition of all mail
cars used on any railroad in the United States and make report thereon, a
copy of which report shall be transmitted to the Postmaster General.
S ec . 8617. Application of law.— The provisions of this act [secs. 8617-8623]
shall apply to every common carrier and every vehicle subject to the act.
* * * [secs. 8605-8612].
Sec . 8618. Equipment required.— On and after July first, nineteen hundred
and eleven, it shall be unlawful fo r any common carrier subject to the pro
visions of this act to haul, or permit to be hauled or used on its line any
car subject to the provisions of this act not equipped with appliances pro
vided for in this act, to w i t : A ll cars must be equipped with secure sill steps
and efficient hand brakes; all cars requiring secure ladders and secure run
ning boards shall be equipped with such ladders and running boards, and all
cars having ladders shall also be equipped with secure handholds or grab
irons on their roofs at the tops of such ladders: Provided, That in the load
ing and hauling of long commodities, requiring more than one car, the hand
brakes may be omitted on all save one of the cars while they are thus com
bined for such purpose.
S ec . 8619. Number, style, etc., of appliances.— W ithin six months from the
passage of this act the Interstate Commerce Commission, after hearing, shall
designate the number, dimensions, location, and manner of application of the
appliances provided for by section two of this act and section four of the act of
March second, eighteen hundred and ninety-three, and shall give notice of such
designation to all common carriers subject to the provisions of this act by such
means as the commission may deem proper, and thereafter said number, loca
tion, dimensions, and manner of application as designated by said commission
shall remain as the standards of equipment to be used on all cars subject to the
provisions of this act, unless changed by an order of said Interstate Commerce
Commission, to be made after fu ll hearing and for good cause shown; and
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73
failure to comply with any such requirement of the Interstate Commerce Com
mission shall be subject to a like penalty as failure to comply with any require
ment of this act: Provided , That the Interstate Commerce Commission may,
upon full hearing and for good cause, extend the period within which any com
mon carrier shall comply with the provision of this section with respect to the
equipment of cars actually in service upon the date of the passage of this act
Said commission is hereby given authority, after hearing, to modify or change,
and to prescribe the standard height of drawbars and to fix the time within
which such modification or change shall become effective and obligatory, and
prior to the time so fixed it shall be unlawful to use any car or vehicle in inter
state or foreign traffic which does not comply with the standard now fixed or
the standard so prescribed, and after the time so fixed it shall be un law ful to
use any car or vehicle in interstate or foreign traffic which does not comply with
the standard so prescribed by the commission.
S e c . 8621. Violations,— Any common carrier subject to this act using, hauling,
or permitting to be used or hauled on its line, any car subject to the require
ments of this act not equipped as provided in this act, shall be liable to a
penalty of one hundred dollars for each and every such violation, to be re
covered as provided in section six of the act of March second, eighteen hundred
and ninety-three, as amended A pril first, eighteen hundred and ninety-six:
Provided , That where any car shall have been properly equipped, as provided
in this act and the other acts mentioned herein, and such equipment shall have
become defective or insecure while such car was being used by such carrier
upon its line of railroad, such car may be hauled from the place where such
equipment was first discovered to be defective or insecure to the nearest avail
able point where such car can be repaired, without liability for the penalties im
posed by section four of this act or section six of the act of March second,
eighteen hundred and ninety-three as amended by the act of A pril first, eighteen
hundred and ninety-six, if such movement is necessary to make such repairs and
such repairs can not be made except at such repair point; and such movement
or hauling of such car shall be at the sole risk of the carrier, and nothing in
this section shall be construed to relieve such carrier from liability in any
remedial action for the death or injury of any railroad employee caused to
such employee by reason of or in connection with the movement or hauling of
such car with equipment which is defective or insecure or which is not main
tained in accordance with the requirements of this act and the other acts herein
referred t o ; and nothing in this proviso shall be construed to permit the hauling
of defective cars by means of chains instead of drawbars, in revenue trains or in
association with other cars that are commercially used, unless such defective
cars contain live stock or “ perishable ” freight.
S e c . 8622. Construction of act,— Except that, within the limits specified in the
preceding section of this act, the movement of a car with defective or insecure
equipment may be made without incurring the penalty provided by the Statutes,
but shall in all other respects be unlawful, nothing in this act shall be held
or construed to relieve any common carrier, the Interstate Commerce Commis
sion, or any United States attorney from any of the provisions, powers, duties,
liabilities, or requirements of said act * * * [secs. 8605-8612]; and, except
as aforesaid, all of the provisions, powers, duties, requirements, and liabilities
of said act * * * shall apply to this act.
S e c . 8623. Enforcement,— It shall be the duty of the Interstate Commerce
Commission to enforce the provisions of this act, and all powers heretofore
granted to said commission are hereby extended to it for the purpose of the
enforcement of this act.
S e c . 8624. Ash pans,— On and after the first day of January, nineteen hun
dred and ten, it shall be unlawful for any common carrier engaged in interstate
or foreign commerce by railroad to use any locomotive in moving interstate or
foreign traffic, not equipped with an ash pan, which can be dumped or emptied
and cleaned without the necessity of any employee going under such locomotive.
S e c . 8625. Fo r use in Territories , etc.— On and after the first day of January,
nineteen hundred and ten, it shall be unlawful for any common carrier by rail
road in any Territory of the United States or the District of Columbia to use
any locomotive not equipped with an ash pan, which can be dumped or emptied
and cleaned without the necessity of any employee going under such locomotive.
S e c . 8626. Violations.— [Violations are punishable by a fine of $200, suit to be
brought by the United States district attorney. Interstate Commerce Com
mission to give notice of violations coming to its knowledge.]
S e c . 8627. Enforcement.— It shall, be the duty of the Interstate Commerce
Commission to enforce the provisions of this act, and all powers heretofore
n
P A R T I .— D IG E ST S A N D S U M M A R IE S O F L A W S
granted to said Commission are hereby extended to it fo r the purpose o f the
enforcement o f this act.
S e c . 8628. Definition.— The term “ common carrier ” as used in this act shall
include the receiver or receivers or other persons or corporations charged with
the duty o f the management and operation of the business o f a common carrier.
S e c . 8629. Application .— Nothing in this act contained shall apply to any
locomotive upon which, by reason o f the use of oil, electricity, or other such
agency, an ash pan is not necessary.
S e c . 8630 {a s amended June 7, 1924). Scope of law .— W hen used in this act
[secs. 8630-8638] the terms “ carrier ” and “ common carrier ” mean a common
carrier by railroad, or partly by railroad and partly by water, within the
continental United States, subjeet to the Interstate Commerce Act, as amended,
excluding street, suburban, and interurban electric railw ays unless operated
as a part o f a general railroad system o f transportation. The term “ railroad ”
as used in this act shall include a ll the roads in use by any common carrier
operating a railroad, whether owned or operated under a contract, agreement,
or lease, and the terms " employees ” as used in this act shall be held to mean
persons actually engaged in or connected with the movement of any train.
S e c . 8631 (a s amended June 7, 1924). Boilers , etc., to be safe.— It shall be
un law ful fo r any carrier to use or permit to be used on its line any locomotive
unless said locomotive, its boiler, tender, and all parts and appurtenances
thereof are in proper condition and safe to operate in the service to which the
same are put, that the same may be employed in the active service of such
carrier without unnecessary peril to life or limb, and unless said locomotive,
its boiler, tender, and a ll parts and appurtenances thereof have been inspected
from time to time in accordance with the provisions o f this act and are able
to withstand such test or tests as may be prescribed in the rules and regulations
hereinafter provided for.
S e c s . 8632-8638 (a s amended June 7, 1924). Inspectors.— [T h e President
appoints a chief inspector o f locomotive boilers and two assistant chiefs, the
form er at $6,600 and the latter at $5,000 each per year. These supervise the
activities of not more than 65 inspectors appointed by the Interstate Commerce
Commission from registers made up o f persons who have passed examinations
held by the Civil Service Commission. Such inspectors are assigned to dis
tricts by the ehief inspector and receive a salary of $3,600, traveling expenses,
and not over $1,000 per annum fo r office rent, clerical assistance, etc. District
inspectors must become familiar, so fa r as practicable, with the condition of
each locomotive boiler ordinarily housed or repaired in his district; and if any
boiler or apparatus is found not to conform to the requirements of the la w or of
the rules and regulations approved by the chief inspector and the Interstate
Commerce Commission, the carrier must be notified and its use discontinued,
unless on appeal to the chief inspector a reexamination discloses the boiler to be
in a serviceable condition.
In case of serious injury or death due to the failure of a locomotive boiler
or its appurtenances, an immediate report in w riting must be made, and the
facts investigated and reported to the chief inspector. The ehief inspector
makes annual reports of the work done.]
S e c s . 8642-8647. Reports of accidents.— [The general manager or other
proper officer of railroads in interstate commerce must report monthly to the
Interstate Commerce Commission all accidents resulting in injury to persons,
equipment, or roadbed. The commission has authority to investigate such
accidents, and may publish reports thereon, with such recommendations as
it deems proper. Neither the reports of accidents nor of the investigation shall
be received as evidence in any action fo r damages.]
Laws o f several States cover many i f not all the points named in
the Federal statutes, while matters o f detail are added in a number
o f cases, notably as regards locomotives. Some o f these relate to
the physical comfort o f engineers and firemen rather than to per
sonal or public safety, but all are brought together as showing the
extent to which train equipment has been the subject o f statutory
regulation. Headlights on locomotives and switch lights are matters
o f interest to the public as well as to employees; while the blocking
o f frogs or switch points to prevent the catching o f feet therein is
directed mainly to the protection o f employees.
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The subjects covered by the various States in this field are noted
below.
Alabama. —Locomotives must have headlights o f 1,500 candle-
power.
(Code, secs. 5349, 9963.)
Arizona. — Locomotives which permit steam to escape so as to
obstruct the view o f its operators may not be used. (R . S. sec. 2165.)
Electric headlights o f 1,500 candlepower are required. (Secs. 2169,
2170.)
Arkansas.— Locomotives are required to have electric headlights,
l s500 candlepower. (Digest, see. 8493.)
Switch lights required. (Sec. 8496.)
Locomotives o f “ Wooton fire-box type,” or “ Mother Hubbard,”
or “ Double cab,” or “ Camelback ” type must permit the fireman and
engineer to work at all times under the same roof o f cab, roof not
to be over 14 feet long and to cover deck or gangway. (Secs. 8587,
8588.)
California .— Locomotives to have headlights capable o f disclosing
a dark object the size o f a man at 800 feet on a dark clear night,
engine running 30 miles per hour. (Acts o f 1913, ch. 284.)
Equipment with water glasses o f the “ solid water glass” type
required. (Acts o f 1915, ch. 499.)
Handrails are required along the top o f each side o f engine cabs,
extending from front to rear; also footboards i f there are not front
windows at least 14 by 42 inches. (Acts o f 1921, ch. 900.)
On locomotives o f the Vanderbilt or similar types o f construction,
where the clearance between the roof o f the engine cab and the
tender is less than 28 inches, there must be an opening, not less
than 24 inches square, in the cab roof o f the tender. (Acts o f 1921,
ch. 902.)
Colorado.— Switch lights must be provided at all switches con
necting with a main line. (C. L., sec. 2882.)
Switch rails, frogs, etc., are required to be safely and securely
blocked. ( Sec. 2885.)
Headlights o f not less than 1,200 candlepower must be supplied
on locomotives used at night. (Sec. 2887.)
Connecticut.— Freight cars must be equipped with safety couplers
o f a type and hung at a height approved by the commission. (G. S.,
secs. 3768, 3770.)
Delaware .— Passenger trains must be equipped with air brakes
under the control o f the engineer. (R. C., secs. 2038, 2039.)
Florida. — Locomotives must be equipped with headlights o f not
less than 1,500 candlepower. (R . G. S., sec. 4531.)
Georgia.— Locomotives used after dark must have headlights con
suming not less than 300 watts at the arc, with a reflector not less
than 23 inches in diameter, tramroads, mill roads, and railroads
engaged principally in lumber and logging transportation excepted.
(C iv il Code, secs. 2697, 2698.)
Automatic doors must be provided on locomotives o f 125,000
pounds weight or over, other than those used on logging or tram
roads. (Acts o f 1924, p. 173.)
Illinois.— Inspectors o f automatic couplers must inspect the cou
plers, power brakes, and grab irons or handholds and other portions
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P A R T I .— D IG E ST S A N D S U M M A R IE S OF L A W S
o f cars and engines used on railroads. Pow er driving-wheel brakes
under the control o f the engineer must be installed, and automatic
couplers provided. Grab irons or handholds must be furnished on
locomotives, cars, etc., and drawbars placed at a prescribed height.
(R . S., ch. 114, secs. 222-232.)
Indiana .— Switch engines must be equipped with footboards,
headlights, and grab irons at both ends. (A . S., secs. 5277a-5277b.)
Ash pans which can be emptied and cleaned without requiring em
ployees to go under the locomotive must be provided, except on en
gines using oil, electricity, etc. (Secs. 5277d-5277h.)
Automatic doors must be provided for the fire boxes o f steam
locomotives, capable o f operation by the use o f a push button or
other appliance. (Sec. 5277i.)
Locomotive road engines must have both front windows in the
cabs equipped with storm windows so as to permit a clear and unob
structed view under all climatic conditions. (Sec. 5277k.)
A boiler inspector is to be appointed, charged with the inspection,
under the direction o f the railroad commission, o f any locomotive
boiler or boilers. I f found unsafe or inconvenient for operation,
locomotives must not be used until repaired. Standard construction,
equipment, and arrangement are prescribed; and engineers are re
quired to report defective construction or conditions. (Secs. 5277n5277u.) Power driving-wheel brakes, automatic couplers, grab irons
on the sides and ends o f locomotives, cars, and tenders, and draw
bars at a prescribed height are required. Street railroads and interurban and suburban roads are excluded from these provisions.
(Secs. 5278-5282.)*
Motor cars on interurban railways operated by electric power
must be supplied with power air brakes under the control o f the
motorman. A t least 50 per cent o f the cars must also be supplied
with an approved system o f air brakes, while on steam roads 75
per cent o f the freight and passenger cars must be so equipped.
These percentages may be increased for good cause shown by the
railroad commission. (Secs. 5283-5287.)
The railroad commission may investigate the construction o f lo
comotive engines, which must be so built as to permit the engineer
and fireman to be in plain view and sight o f each other at all times,
without intervening obstruction by machinery, partitions, or appli
ances. There must also be a clear and unobstructed view ahead
from the front cab windows; while the tank and tender o f switch
engines must be so constructed as to permit a clear view along the
track both front and rear. (Secs. 5533a-5533d.)
The commission may also investigate the construction and effici
ency o f locomotive headlights, prescribing a standard equipment and
requiring its adoption. (Sec. 5533f.)
1 The State courts have held this law as not an interference with the power of Con
gress to regulate interstate commerce, but as merly imposing an additional penalty for
lack of equipment which the Federal law requires. (Southern Ry. v . Indiana, 100
N. f j . 337.) This case was taken to the Supreme Court, where it was held that al
though the freight movement in the case was entirely between points wholly within the
State of Indiana, the railroad was one engaged in interstate commerce, so that the
Federal statutes applied. The State decision was therefore reversed, because when Con
gress acts such action “ is exclusive, and ipso facto supersedes existing State legislation
on the same subject.” (Southern Ry. Co. v . Railroad Commission, 236 U. S. 439, 35
Sup. C't. 304.)
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77
Io w a .— Cars must be equipped with safety automatic couplers
and with power brakes under the control o f the engineer. (Code o f
1897, Supp. 1913, secs. 2079-2082.)
Locomotives in use in switching or yard service must be equipped
with headlights, front and rear, and with substantial and secure
footboards and grab rails o f convenient height. (Sec. 2083c.)
Engine cabs in use between November 1 and A p ril 1 must have
frost glass in front o f the seats o f the engineer and fireman, the same
to be not less than 8 inches in width and 18 inches in length. (Sec.
2083e.)
Locomotive headlights must be such as to enable operatives to
plainly discern an object the size o f a man lying on the track at a
distance o f 1,100 feet in clear weather. Engines operated exclusively
for switching purposes or for daytime use are not covered. (Sec.
2083g.)
Kansas.— Frogs, switches, and guard rails must be filled, blocked,
and guarded “ in a practical manner” to guard against injury to
employees. (G. S. sec. 8503.)
Locomotive headlights must be such as to render plainly visible
at a distance o f 800 feet the figure o f a man on or adjacent to the
track; switching engines are excepted. (Sec. 8515.)
K entucky .— Passenger trains must be supplied with air brakes or
equally effective appliances under the control o f the engineer. (Stat
utes, sec. 778.)
Frogs must be blocked to prevent the feet o f employees from being
caught therein. (Sec. 780.)
Louisiana .— A ll railroads other than logging or plantation roads
must fill or block angles in frogs and crossings and in yards, etc., so
as to prevent the feet o f employees and others being caught therein.
(Acts o f 1912, No. 177.)
M aine .— F illin g or blocking o f frogs and guard rails is required.
(E. S., ch. 57, sec. 75.)
Massachusetts.— Frogs, switches, and guard rails must be blocked
by a method approved by the Department o f Public Safety. (G. L.,
ch. 160, sec. 133.)
Brakes must be supplied on all passenger cars and freight cars
except four-wheeled cars. Locomotives must be equipped with power
driving-wheel brakes and appliances to operate the train-brake
system. (Ch. 160, secs. 154, 155.)
Freight cars must be equipped with automatic couplers, also with
grab irons or handholds, with the exception o f flat cars. The
height o f drawbars is prescribed. (Secs. 156-159.)
The board o f railroad commissioners may provide fo r the inspec
tion and testing o f locomotive boilers used in the State. (Sec. 168.)
Michigan .— Passenger trains must have air brakes under the con
trol o f engineers, and all locomotive engines and tenders must be
equipped with suitable driver and tender brakes o f approved pat
tern. (C. L., sec. 8290.)
Cars must be provided with automatic couplers, four-wheeled cars
and trains on logging cars where the coupling is not over 25 inches
in height excepted. (Sec. 8353.)
78
P A R T I .— D IG E ST S A N D S U M M A R IE S OF L A W S
Frogs, switches, and guard rails must be blocked so as to prevent
the feet o f employees or other persons from being caught therein.
(Sec. 8326.)
Headlights on locomotives must be o f sufficient candlepower to
render visible whistling posts and other warning signs at a distance
o f 350 feet. (Sec. 8378.)
The railroad commission may regulate the height o f all couplers
on cars used on interurban railroads. (A cts o f 1919, No. 401.)
Locomotives used between December 1 and A p ril 1 must be
equipped with suitable cab curtains, vestibule cabs, housing, or
other devices for the safety and health o f locomotive enginemen as
may be'required by the public utilities commission. Housings need
not be placed over the coal tender unless the locomotive is to be used
north o f the Straits o f Mackinac. (A cts o f 1921, No. 139, amended
1923, No. 127.)
Minnesota*— Frogs, switches, and guard rails must be blocked.
(G . S., sec. 4254.)
Freight cars are required to have automatic couplers and grab
irons or handholds. (Secs. 4411, 4412.)
Power driving-wheel brakes are required on all locomotives, with
a train-brake system under the control o f the engineer; 75 per cent
o f the cars must be so equipped, subject to increase by the railroad
commission. Drawbars must be o f a prescribed standard heignt.
(Secs. 4413-4420.)
Headlights o f 1,500 candlepower are required on locomotives,
except on branch lines o f less than 25 miles in length, logging roads,
and switch engines. Switch engines must have lights o f at least
50 candlepower on both engine and tender and be equipped with
classification signal lights. (Sec. 4421, amended 1923, ch. 392.)
Mississippi .— Locomotives used at night must have headlights
that consume not less than 300 watts at the arc, with a reflector not
less than 18 inches in diameter. (Acts o f 1912, ch. 153.)
Missouri.— Switches, frogs, and guard rails must be blocked to
prevent the catching o f the feet o f employees. (R . S., sec. 9964.)
Locomotives must be equipped with power drive-wheel brakes
and air-brake appliances. Grab irons or handholds, automatic cou
plers, and drawbars o f standard height are required, 75 per cent
o f the cars to be so equipped. L oggin g roads and street railways
are exempt. (Secs. 9966-9971.)
Locomotives may not be used unless the cab and running boards
are secured so as to prevent vibration, and the braces, brackets, and
fastenings are secure; nor i f steam escapes within or without the
cab so as to obstruct the vision o f the engineer or fireman. Cabs
must be warmed during the winter months and be provided with
suitable padded or cushioned seats. Headlights o f not less than
1,500 candlepower and classification signals not less than 6 candlepower are required. (Secs. 10025-10034.)
Lights must be maintained between sunset and sunrise on main
line switches and lead switches in yards. (Sec. 10041.)
Montana .— Locomotives other than switch engines must have
headlights o f at least 1,500 candlepower. (R . C., sec. 6609.)
Nebraska .— Lights must be provided on all switches leading from
main tracks except those equipped with automatic block signals.
(C. S., sec. 5385.)
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79
Locomotives used at night must have headlights capable o f dis
closing the figure o f a man on or adjacent to the track at a distance
o f 600 feet, switch engines and those on lines not over 10 miles in
length excepted. (Sec. 5387.)
Cars must be equipped with automatic couplers and with train
brakes under the control o f the engineer. (Secs. 5457-5460.)
Nevada .— Locomotives used at night must have headlights o f 1,500 candlepower, or such as w ill enable one,to distinguish the figure
o f a man at 1,000 feet on a dark clear night, switch engines ex
cepted. (E . L. 1919, sec. 1, p. 2978.)
N ew M ex ico .— Locomotives other than those used in yard service
or on roads less than 16 miles in length must be equipped with head
lights that w ill disclose an object the size o f a man at 800 feet.
(Acts o f 1915, ch. 37.)
N ew Y o r k .— Safety switches must be laid in new or replacement
work. Freight cars must be equipped with automatic couplers, and
passenger cars with automatic air brakes or other form o f safety
power brakes. (Con. L., ch. 49, sec. 71.)
The inspection, care, maintenance, and equipment o f locomotives
is regulated, with provision for the appointment o f a State in
spector. (Secs. 72 (amended 1922, ch. 601), 73 (amended 1920,
ch. 867), 74, 75.)
Locomotives must be equipped with power driving-wheel brakes
and a train-control system, mechanically operated doors to the fire
box, operated by steam, compressed air, or otherwise, and vestibuled
cabs o f a type deemed best by the officers o f the road. (S ea 77,
amended 1918, ch. 649.)
Freight trains must contain a sufficient number o f cars equipped
with power or air brakes to enable the engineer to control the same.
(Sec. 79.)
N orth Carolina .— Locomotives must be equipped with headlights
o f at least 1,500 candlepower, short lines excepted. (Con. S., sec.
3479.)
N orth Dakota .— Locomotives used at night in main-line service
must have headlights o f at least 1,200 candle power. (Acts o f 1913,
ch. 233.)
Locomotives must be supplied with curtains closing the opening
between the cab and tender. Front windows o f cabs must be
equipped with frost glass in winter. (Acts o f 1921, ch. 102.)
Ohio .— Footboards must be placed on locomotives regularly as
signed to mine run, drop, or package local freight, or switching
service, dimensions, location, etc., to be determined by the public
utilities commission. (G. C., sec. 8915-4, added 1923, p. 142.)
Self-cleaning ash dump pans o f approved pattern are required on
all locomotives where practicable. This does not apply where en
gineers and firemen are not required to go under engines to remove
ashes except in cases o f emergency. (Sec. 8944.)
Headlights capable o f rendering signposts, etc., visible at a dis
tance o f 350 feet must be installed on locomotives other than for
yard use only. (Sec. 8945-1, added 1910, p. 330.)
Automatic couplers must be placed on all cars and air brakes on
prescribed percentages; also grab irons and handholds on locomo
tives, cars, and tenders. (Secs. 8946-8951, amended 1913, p. 117.)
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P A R T I .— D IG E ST S A N D S U M M A R IE S OF L A W S
Automatic or foot-power doors are required on locomotives. (Sec.
8951-1, added 1917, p. 560.)
Drawbars must be o f a prescribed height. (Sec. 8952.)
Inspection o f couplers, brakes, and appliances is provided fo r by
a State Inspector; also o f locomotive boilers and appurtenances.
(Secs. 8957-8965, amended 1913, p. 192; 8965-1-8965-9, added 1910,
p. 328.)
Angles in frogs, switches, and crossings must be blocked or filled
with sheet steel or other metallic appliances. (Sec. 9009, amended
1910, p. 325.)
Penalty and enforcement provisions as to ash pans, couplers, etc.
(Secs. 12558, 12559,12562.)
Oklahoma .— Headlights o f at least 1,500 candlepower must be in
stalled on locomotives used at night, other than switch engines.
(R . L., sec. 1433.)
Oregon.— Frogs, switches, and guard rails must be blocked.
(Laws, sec. 5928.)
Locomotives other than switch engines must have headlights to
disclose an object the size o f a man at a distance o f 800 feet in clear
weather. (Sec. 5942.)
South Carolina .— Brakes are required in all passenger cars and on
all freight cars other than four-wheeled cars. (Code, sec. 3217.)
Headlights o f 10,000 candlepower with the aid o f a reflector, or
that w ill disclose a man at 800 feet under normal conditions must
be installed on locomotives. (Acts o f 1912, No. 452.)
South Dakota .— Locomotives in road service must have headlights
o f at least 1,500 candlepower. (R . C., sec. 9683.)
Good and sufficient lights must be placed on all main-line switches
over which trains are operated at night. (Sec. 9693.)
Texas .— Locomotives must have headlights o f 1,500 candlepower.
(Sec. 6565.)
Lights must be placed on main-line switches unless all locomotives
on the road have electric headlights. (R . Civ. S., sec. 6567.)
Derailing switches are required on main-line switches where cars
are le ft standing on the sidings. (Sec. 6568.)
A ll locomotives must be equipped with self-dumping ash pans.
(Sec. 6577.)
Power brakes under control o f the engineer* automatic couplers,
drawbars o f a prescribed height, and grab irons, handholds, and
foot stirrups are required. (Secs. 6709-6713.)
Verm ont. — Frogs, switches, and guard rails must be blocked, and
ladders or steps installed leading to the tops o f cars, the same not to
be on the sides o f cars. (G. L., secs. 5208-5210.)
Power brakes operated by the engineer must be furnished. (Sec.
5240.)
Locomotive headlights and cab lights must be supplied, as the
public service commission may determine. (Sec. 5242.)
Virginia .— Locomotives must have headlights o f at least 500
candlepower with the aid o f a reflector. (A . C. sec. 3976.)
A ll passenger trains must be equipped with air brakes or an
equally effective appliance; and the State corporation commission
may require all other trains to be so equipped. (Sec. 3989.)
RAILROADS
81
Washington .— The public service commission has general control
o f inspection and regulation o f railroads. Locomotives must be
equipped with power driving-wheel brakes and connections; auto
matic couplers, proper flanges, sill steps and grab irons, and electric
headlights o f approved design and capacity are required; escape of
steam so as to obscure vision must be avoided; and switch engines
must be supplied with proper footboards and toe boards and lights
at each end. Oars must have automatic couplers, brakes, ladders,
running boards, grab irons, etc. Frogs, switches and guard rails
tnust be blocked. (Acts o f 1911, ch. 117, secs. 65-68.)
Wisconsin .— Frogs must be guarded or blocked, front and rear.
(Statutes, sec. 192.28.)
Headlights on locomotives must enable enginemen to discern an
object the size o f a man at a distance o f 800 feet in clear weather.
(Sec. 192.45.)
Hand-fired locomotives o f 100,000 pounds weight or over on the
drivers must have mechanically operated fire doors; and those o f
200,000 pounds weight or more must be equipped with power re
verse gear. (Secs. 192.455, 192.456.)
Switch engines must have footboards both front and rear. (Sec.
192.47.)
Locomotives over 100,000 pounds in weight may not run on trunk
lines unless equipped with independent or straight air-brake valves.
(Sec. 192.79.)
Cab curtains are required on all locomotives between November
15 and A p ril 1. (Sec. 192.80.)
CABOOSE CABS
A law looking toward the safety and comfort o f the crews o f
freight trains by establishing standards o f strength, construction,
and equipment or caboose cars is found in 20 States.
That o f Indiana is generally representative.
IN D IA N A A N N O T A T E D STATUTES
Construction, etc., of caboose cars
S e c t io n 5271a. Application of law.— The provisions of this act shall apply to
any corporation or to any person or persons while engaged as common carriers
in the transportation by railroad of passengers or property within this State
to which the regulative power of this State extends.
S e c . 5271b. Construction and equipment.— From and after the first day of
June, 1914, it shall be unlawful except as otherwise provided in this act, fo r any
such common carrier by railroad to use on its line any caboose car or other
car used for like purposes unless such caboose or other car shall be at least
twenty-four (24) feet in length exclusive of the platforms and equipped with
two four-wheel trucks and said caboose car or other car shall be of construc
tive strength equal to that of the sixty thousand pounds capacity freight cars,
and shall be provided with a door in each end thereof and an outside platform
across each end of said c a 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 on and off said car. Said
steps shall be equipped with a suitable rod, board, or other guard at each end
and at the back thereof properly designed to prevent slipping from said step.
Said caboose shall have cupola, necessary closets, and windows.
S e c . 5271d. Exceptions.— The provisions of this act shall not apply to the
use of caboose cars operated in yards and in transfer service, and in case of
unusual and unforeseen demands of traffic caboose cars not constructed in
compliance with this act may be used tem porarily: Provided, That the railroad
105446°— 25------ 6
82
P A R T I .— D IG ESTS AJSD S U M M A R IE S O F L A W S
company desiring to use the same shall apply to and obtain an order from the
railroad commission granting the privilege to temporarily use the same.
S ec . 5271e. Height of cars.— The State railroad commission shall have the .
power to limit or prescribe the maximum height of any caboose to be nsed upon
any railroad operating in or through the State * * *.
Other States having laws on this subject are:
Arkansas.— Digest, secs. 956-958.
Illinois.— R. S., ch. 114, secs. 303-306.
Indiana.— A. S., secs. 5271a-5271e.
Iowa.— Cole Supp. 1913, sec. 2083j (am. 1921, ch. 195), secs. 2083k-2083m,
Kansas.— Acts of 1917, ch. 261.
Maine.— R. S., ch. 57, secs. 72-74.
Michigan.— Acts of 1923, ch. 123.
Minnesota.— G. S., secs. 4387, 4388.
Missouri.— R. S., secs. 10079, 10080 (both am. 1923, p. 310) ; 10081.
Montana.— R. C., secs. 6577, 6578.
Nebraska.— O. S., secs. 5450-5454.
N ew Hampshire.— Acts of 1913, ch. 116 (am. 1923, ch. 112).
N ew York.— Gon. L., ch. 49, sec. 78 (am . 1923, ch. 519).
North Dakota.— Acts of 1911, ch. 245 (am. 1921, ch. 100).
Ohio.— G. C., secs. 8956-1, 8956-2 (both added 1910, p. 133) ; sec. 8956-3
(added 1913, p. 719; am. 1915, p. 4 2 9 ); secs. 8956-4, 8956-6 ( a l l added 1913,
p. 719).
South Dakota.— R. C., secs. 9680-9682.
Vermont.— Acts of 1923, No. 94.
Virginia.— A. O. 1919, secs. 4012-4016.
Washington.— A. O. and S., secs. 8685, 8686.
Wisconsin.— Statutes 1923, sec. 192.22.
HOURS OP SERVICE
The laws under this head are limited to those employees who are
involved in the movement o f trains, including, as a rule, the crew,
telegraph operators, and train dispatchers. Congress has acted in
this field, and it has been held that this debars valid State legisla
tion, since it controls absolutely in the field o f interstate commerce,
and the separation o f this from intrastate operations is impracticable.1
On the other hand, it has been said that a State law may exist coordinately i f not in conflict with the Federal statutes.2 The Federal
legislation is reproduced in Part I I .
The States which have laws on this subject are: *
Arizona.— Penal Code, sec. 405.
Arkansas.— Digest, secs. 7077, 7080.
California.— Acts of 1911, ch. 484.
Colorado.— C. L., sec. 2895.
Connecticut.— G. S., sec. 3814.
Florida.— R. G. S., sec. 4532.
Georgia.— Code, sec. 2693.
Indiana.— A. S., sec. 5304.
Iowa.— Code Supp., 1913, sec. 2110a.
K ansaa— G. S., sec. 8588.
Maryland.— A. C., art. 23, sec. 323.
Michigan.— C. L., sec. 8385.
Montana.— R. C., sec. 3081.
Nebraska.— C. S., sec. 5447.
Nevada.— R. L., 1919, pp. 2979, 2980.
N ew Mexico.— A. S., sec. 4755.
N ew York.— Acts o f 1921, ch. 50, sec. 168.
North Carolina.— Con. S., sec. 6565.*1
6
3
i State <?. Mo. Pac. R. Co., 212 Mo. 658, 111 S. W. 500; State v . Chicago, etc., R. Co.,
136 Wia. 407, 117 N W. 686.
8 People *. Erie R. Co., 198 N. W. 369, 91 N. & 849; Dloyd *. N. C. R. C©„ 151
RAILROADS
83
North Dakota.— Acts of 1907, ch. 207.
Ohio.— G. C., sec. 9007 (am. 1913, p. 557).
Oregon.— Laws, sec. 5917.
Porto Rico.— R. S., sec. 1663.
South Dakota.— R. C., sec. 9715.
Texas.— R. Civ. S., secs. 6584, 6586, Cr. S., secs. 1551-1553.
Washington.— C. and S., sec. 6581.
W est Virginia.— Code, sec. 3023.
Wisconsin.— Statutes, sec. 192.37.
T R A IN CREWS
A number o f States have laws regulating the minimum number o f
employees required for the operation o f trains o f different classes
and numbers o f cars, and some also fo r switching operations. The
details vary somewhat, though there has been an effort at stand
ardization. Instead o f a statutory fixing o f the numbers, some
States provide fo r a determination by the railroad or similar com
mission o f the State; and in a few recent instances laws fixing num
bers have been repealed and the matter placed in the hands o f the
commission for action after investigation. Indiana repealed its
existing laws in 1921 (chs. 81, 82) without enacting any substitute.
A similar fate met the law o f Missouri by referendum in 1914, the
legislature also declaring its repeal in 1919 (p. 247).
The law o f Oregon is fairly representative o f the statutes on this
subject. I t is as follows:
OREGON— L A W S
Sufficient crews for trains
S e c t io n 5944. Passenger, etc., trains .— It shall be unlawful for any person,
corporation, company, or officer of court operating any steam railroad or rail
way in the State of Oregon and engaged as a common carrier in the transporation of freight or passengers to operate over its road, or any part thereof,
in excess of fifteen continuous miles, o r suffer ,or permit to be run over the
same, outside of yard limits, any passenger, mail or express train consisting
of four or more cars with less than a fu ll passenger crew consisting of five
men, to w it: One engineer, one fireman, one conductor, one brakeman, and one
flagman (such flagman to have had at least six months' experience in train
service) and none of said crew shall be required or permitted to perform the
duties of train baggageman or express messenger while on such road.
S e c . 5945. Freight trains.— It shall be unlawful fo r any person, corporation,
company, or officer of court operating any steam railroad or railw ay in the
State of Oregon, and engaged as a common carrier in the transportation of
freight or passengers to operate over its road or any part thereof in excess of
fifteen continuous miles, or suffer or permit to be run over the same outside
of yard limits, any freight train consisting of forty or more cars, exclusive of
locomotive and caboose, with less than a fu ll train crew consisting of six men,
to w i t : One engineer, one fireman, one conductor, two brakemen and one flag
man (such flagman to have had at least six months* experience in train serv
ice) : Provided, however, That all main line local freight trains shall have a
fu ll crew consisting of six men, to w it: One engineer, one fireman, one con
ductor, two brakemen, and one flagman (such flagman to have had at least
six months’ experience in train service) : Provided further, That light engines
operated outside of yard limits w ill be provided with a fu ll crew of three men,
to w it : One engineer, one fireman, and one pilot, but this provision is not to
apply to helper engines within helper districts.
S e c . 5946. Violations.— [Violations entail penalty o f fine, $20 to $100 f o r each
offense.]
States having similar laws, i. e., fixing the numbers by statute, are:
Arizona.— R. S., secs. 2171-2182.
Arkansas.— Digest, secs. 8577-8586.
84
PART I.— DIGESTS AND SUMMARIES OP LAWS
California.— Acts of 1911, ch. 49 (am. 1913, ch. 168; 1915, ch. 501).
Maine.— R. S., ch. 57, sec. 60.
Mississippi.— Acts of 1914, ch. 170.
Nebraska.— C. S., secs. 5336-5341.
Nevada.— R. L. 1919, p. 2976, secs. 1-7.
N ew York.— Con. L., ch. 49, sec. 54a (added 1913, ch. 146; am. 1921, ch. 290),
North Dakota.— Acts of 1919, ch. 169.
Ohio.— G. C., secs. 12553-12557-3 (am . 1911, p. 508; 1913, p. 191; 1919, p.
687).
Oregon.— Laws, secs. 5944, 5945.
South Carolina.— Civil C., sec. 3217.
Texas.— R. Civ. S., secs. 6571-6575.
Washington.— Acts of 1911, ch. 134.
Wisconsin.— Statutes, secs. 192.41-192.44, 192.46.
The power o f regulating numbers is placed in the hands o f a rail
road, public service, or similar commission, in the follow ing States:
Connecticut.— G. S., sec. 3810.
Maryland.— A. C., art. 23, sec. 435c, added 1922, ch. 143.
Massachusetts.-— G. L., ch. 160, sec. 185.
N ew Jersey.— Acts of 1917, ch. 94 (am. 1822, ch. 270).
Pennsylvania.— Acts of 1921, No. 184.
W est Virginia.— Code, sec. 639 (am. 1921, ch. 150).
SEAMEN
Though several States have laws relating to seamen, the fact o f
the Federal control o f maritime contracts and actions (Patterson v.
The Eudora (1903), 190 U. S. 169, 23 Sup. Ct. 821; Knickerbocker
Ice Co. v . Stewart (1920), 253 U. S. 149, 40 Sup. Ct. 438) gives to
such laws only a secondary importance. The Federal statutes are
given at length in P art I I , and only citations o f the State laws
follow :
Alabam a.— Code, secs. 2519-2525.
C alifom ia.-^C ivil Code, secs. 2049-2064; Penal Code, sec. 644.
Florida.— R. G.
secs. 5162, 5772, 5773.
Georgia.— Penal Code, secs. 689-695.
Louisiana.— R. L., secs. 934, 939, 944, 945; p. 254, Acts of 1874, No. 73; p.
255, Acts o f 1880, No. 76; secs. 3475, 3478.
M aine.-^R. S;, ch; 120, sec. 19; ch. 128, sec. 21.
Maryland.— A. C., art. 84.
Massachusetts.— G. L., ch. 102, secs. 1 -4 ; ch. 246, sec. 32.
North Carolina.— Con. S., secs. 4471-4474.
North Dakota.— R. C., secs. 5598-5616.
Oregon.— Law s, secs. 2182-2188.
Philippine Islands.— Acts of Ph. Com., No. 1751.
South Carolina.— Cr. Code, secs. 164, 898-901, 903.
Texas.— Rev. Cr. Code, art. 1452.
Virginia.— Code, secs. 3661-3663.1
The same as above may be said as to shipping masters and sailors’
lodging houses. Laws relating to these subjects are found as fo l
lows :
Florida.— R. G. S., secs. 2457-2459, 5770, 5771.
Louisiana.— R. L., secs. 942, 943, 1685-1690, 3491, 3492.
Oregon.— Law s, secs. 7746-7764.
1A United States district court says of sections 3661, 3662, which provide for the im
prisonment of seamen for desertion, that they “ can not be effective ” in the face of pro
visions of the Seamen’s Act of 1915 (38 Stat. 1164), which “ if not expressly, cer
tainly by strong implication, prohibit the punishment by imprisonment for deserting, sea
men,” State laws in this field necessarily giving way to Federal enactments. Ex parte
Larsen (1916), 233 Fed. 708.
ELECTRIC IN S T A L L A T IO N S
85
CONSTRUCTION AND MAINTENANCE OF ELECTRIC INSTALLATIONS
A few States have passed laws relating to electrical construction
and maintenance, with regard to the safety o f workmen. The Oregon
statute merely authorizes the public-service commission o f the State
to formulate rules and regulations. The industrial board o f the
Department o f Labor and Industry o f the State o f Pennsylvania has
a comprehensive and technical body o f such regulations, prepared in
cooperation with the National Bureau o f Standards.
New York limits its requirements to the placing o f rubber mats
in front o f switchboards for the protection o f workers; while the
law o f Massachusetts only mentions the insulation o f poles and other
structures used for the support o f electric wires.
The law o f the State o f Washington is devoted mainly to installa
tions in generating and transforming plants and the like, and that o f
Montana more largely to the erection and guarding o f wires and
cables for carrying electricity; the Nevada statute more nearly re
sembles that o f Montana.
The safety provisions o f the Montana statute fo llo w :
M O N T A N A — A C T S O F 1917
Chapter
171.— Safety of employees—Electrical construction and maintenance
S e c t i o n 1. Climbing space.— Any person, company, or corporation owning or
using any pole or appliance on which is run, placed, erected, or maintained in
the State of Montana any wire or cable used or to be used to conduct or carry
electricity for the purpose of light, heat, or power, shall provide and maintain
an unobstructed climbing space adjacent" to any such pole or appliance, so that
persons shall be able to ascend any such pole or appliance with reasonable
safety and convenience up to and through the wires, connections, attachments,
and structures of any such pole or appliance, and all cases where any “ buck ”
or reverse arm is used or where special construction is used there shall be pro
vided and maintained unobstructed climbing space of not less than twenty-two
inches square, omitting the area of any pole or appliance.
S e c . 2. Space for high-voltage wires .— A t least one standard pole gain, or the
equivalent of four feet, shall be left vacant between the nearest cross arm on
which is placed or' maintained any w ire or cable conducting or carrying more
than four hundred and forty volts of electricity and any cross arm occupied by
or used for wires or cables carrying four hundred and forty volts or less.
The said standard pole gain shall be spaced not less than twenty-four inches
center to center, except that one “ buck ” or reverse arm may be placed not more
than twelve inches below any cross a r m : And provided, That this section shall
be held not to apply to bridge construction: And further provided, That it shall
be held not to apply to primary taps to transformers on poles: And provided
further, That all such primary taps leading to transformers on poles shall be
of double braid, rubber-covered wire of at least twenty-two hundred volts in
sulation.
S e c . 3. Cross arms.— A ll cross arms shall be made from clear, straight-grained
wood, or standardized material. The cross section of wood arms shall be not
less than three and one-half by four and one-half inches. The pin spacing shall
be, for six pin arms, not less than thirty-inch center for pole pin spacing, fourteen-inch side spacing, and five-inch end spacing; and four pin arms, not less
than thirty-inch center for pole pin spacing, fourteen-inch side spacing, and fiveinch end spacing.
S e c . 8 . Guy wires.— Guy wires shall be attached to poles so as to interfere as
little as possible with workmen climbing or working thereon. * * *
S e c . 13. Provisions not applicable, where.— None of the provisions of sections
one, two, and three shall be held to apply to direct current w ire carrying
nominally six hundred volts of electricity and used for street railw ay purposes:
Provided , however, That an unobstructed climbing space not less than twentysix inches in a horizontal line shall at all times be provided and maintained.
86
P A R T I .— D IG E S T S A N D S U M M A R IE S OF L A W S
S e c . 1 5 . Climbing space.— A ny person, company, or corporation owning or
using any pole or appliance used exclusively for telephone, telegraph, or other
signal wires shall provide and maintain an unobstructed climbing space of not
less than sixteen inches.
Whenever “ buck ” or reverse arms are used an unobstructed climbing space
shall be left adjacent to the pole or appliance a t least twenty inches square,
omitting the area of any such pole or appliance, [ ; ] any w ire or cable attached
to the pole in such buck-arm construction not less than forty inches from the
nearest cross arm shall be held not to be an obstruction to the climbing space
as herein provided.
S e c . 19. Sam e; poles jointly usedl.— A ll telephone, telegraph, or other signal
w ires placed on poles jointly used for electric light, heat, and power wires shall
have an unobstructed climbing space of not less than twenty-six inches. A ll
telephone, telegraph, or other signal wires placed on poles jointly used fo r light,
heat, or power wires shall be placed and maintained on cross arms, except that
brackets may be maintained on one side of the pole not nearer than two feet
below the lowest cross arm for the purpose of carrying duplex wires or cables
to distribute telephone, telegraph, or signal wires.
S e c . 21. Sam e; two pole lines.— In all cases where there are two or more
pole lines used fo r telephone, telegraph or other signal wires, on the same
side of any street, alley or public highway, provided such lines are not
parallel on a horizontal plane, the cross arms shall have an unobstructed
climbing space of not less than twenty-six inches.
S e c . 27. Records.— In every generating and substation used for light, heat,
or power, there shall be kept a log book or record showing the changes in the
condition of operation, including the starting and stopping of electrical supply
equipment, the name of each foreman or workman locally in charge of work,
and all unusual occurrences and accidents.
The log book or record shall be signed by the person in charge before being
relieved. H e shall keep within sight an operating diagram or equivalent de
vice indicating whether electrical supply circuits are open or closed and
where work is being performed. On circuits carrying normally in excess of
seventy-five hundred volts the operator in charge shall place “ Men at work ”
tags upon switches controlling any circuits upon which men are known to be
working and it shall be his duty to enforce the safety rules and permit only au
thorized persons to approach the equipment or lines.
This section shall not apply to isolated plants, generating current for
telegraph, telephone and signaling purposes.
S e c . 28. Provisions for accident.— There shall be provided in conspicuous and
suitable places in electrical stations and shops a suitable and sufficient supply
o f first-aid and protective devices, all of approved kinds and qualities; the
kinds and number of such devices w ill depend on the requirements of each
case, as may be from time to time prescribed by the State industrial accident
board, and it shall be the duty o f the said State industrial accident board to
prescribe such necessary protective devices. A ll such prescribed devices
shall be kept, when not in use, in their regular location and in good working
order.
S e c . 29. Switches in certain circuits.— A ll circuits of four hundred and forty
volts, or more where originating or terminating in any enclosure or building
or is used for underground, shall be provided with a ir gap switches or other
approved devices, [ ; ] if any o f the above circuits are o f seven and one-half
kilowatts or more capacity they shall, in addition, be provided with an oil
break switch or other approved device which w ill safely open the circuit under
the load. There shall be no less than two experienced electricians employed
on any work o r maintenance to be performed on any electrical wires or equip
ment connected therewith carrying nominally [s ic ] six hundred volts or m ore:
Provided , however, That this shall not apply to the operation of electrical
equipment nor in cases of emergency.
Direct current feeders of two hundred and fifty volts or over shall be pro
tected by approved circuit-breaking devices.
S e c . 3 0 . Fuses.— A ll fuses shall be inclosed, or expulsion type, or other
approved “ National Electrical Code ” standards.
S e c . 31. Grounding; head room, eta — W h ere necessary all forms of electrical
apparatus shall be effectively grounded for the protection of persons.
W herever wires or conductors are installed within enclosures or build
ings, in and about switchboards and other appliances where conductors are
B A K E R IE S A N D T H E PR E P A R A T IO N OF FOOD
87
run, placed or erected, a clear headroom o f six and one-half feet above the
floor or surface must be maintained, or the wires be effectively guarded. A ll
apparatus, passages, manways, and other places where persons may enter
into must be protected with efficient guards in accordance with standard
practice: Provided , This shall not be held to apply to electrical machinery
and auxiliary devices carrying six hundred volts or less.
When lines or wires carrying seventy-five hundred volts or more are discon
nected from their source of power fo r work to be perfomed thereon, said
lines or wires shall be effectively grounded for the protection of workmen.
S e c . 32. Manholes.— The opening to outer air for any manhole used for
light, heat or power, shall be circular in shape, and shall be not less than
twenty-four inches in diameter.
The opening to outer air for any manhole used for telephone, telegraph or
other signal wires shall be circular in shape and shall not be less than
twenty inches in diameter.
Whenever persons are working in any manhole whose opening to the outer
air is less than three feet from the rail of any railw ay or street car track, a
watchman or attendant shall be stationed on the surface at the entrance of
such manhole at all times while work is being performed therein.
Other States having laws on this subject are:
California.— Acts of 1911, ch. 500 (am. 1917, ch. 575).
Indiana.— A. S., sec. 3862d.
Massachusetts.— G. L., ch. 166, sec. 34.
Montana.— R. C., secs. 2877-2710.
Nevada.— R. L., 1919, pp. 3169-3172.
New York.— Acts of 1921, ch. 50, sec. 207.
Oregon.— Acts of 1921, ch. 217.
Washington.— Acts of 1913, ch. 130.
BAKERIES AND THE PREPARATION, DISTRIBUTION, ETC., OF FOOD
PRODUCTS
Laws regulating the conditions o f employment in bakeries, con
fectioneries, ice-cream factories, dairies, canneries, and the like, com
bine the industrial factor with ideas o f the protection o f the public
health, and provisions stressing the latter aspect are valid (Benz v.
Kremer, 142 WIs. 1, 125 N. W . 99). I t follows from the nature o f
the industries affected that the welfare o f the employee is fre
quently only a secondary aim in the enactment o f the laws, the re
strictions laid upon him frequently being less for his own welfare
than to secure the cleanliness and wholesomeness o f the product.
The laws are varied but include some or all o f the following pro
visions : That the establishment shall be properly lighted, drained,
plumbed, and ventilated; that screens must be provided for the
doors and windows and the food and materials protected from flies,
etc.; that the clothing o f all operatives must be clean and sanitary;
that the interior walls must be washed, whitewashed, or painted at
reasonable intervals; that suitable and separate toilets be kept fo r
each sex and that they be maintained in a sanitary condition and that
washing facilities be supplied and used; that cuspidors must be
provided, the same to be cleaned daily; that smoking and expectora
tion be prohibited; that no one be allowed to use any workroom as
a sleeping room; that no persons suffering with any communicable
disease be employed; and that employees with infected wounds be
prohibited from handling food until the wound is healed. The
law o f New Y ork is representative. I t is as follows.
88
P A R T I .— D IG E ST S A N D S U M M A R IE S O P L A W S
NEW YORK—ACTS OF 1921
Chapter
50.—Labor law —Bakeries, etc.
S e c t i o n 330. Definitions.— Whenever used in this chapter:
1. “ Bakery ” means a building, room, or place used fo r making, preparing,
or baking bread, biscuits, pastry, cakes, doughnuts, crullers, noodles, macaroni,
or spaghetti to be sold or consumed on or off the premises, except kitchens
in hotels, restaurants, boarding houses, and private residences, wherein all
such products are consumed exclusively on the premises; and with respect to
the provisions o f this chapter relating to machinery, safety devices and
sanitary conditions includes hotel bakeries. A bakery is a factory within the
meaning of this chapter.
2. “ Cellar ” means a room or part of a building which is more than oneh alf its height below the level of the curb or ground adjoining the building,
excluding areaways.
3. “ O w n e r” means the owner of the premises, the lessee of the whole
thereof, or the agent in charge.
4. “ Occupier ” means the person in possession of the premises and con
ducting the bakery therein.
S e c . 331. Equipment.— 1. A bakery shall have proper and sufficient drains,
sinks, clean running water, and properly ventilated water-closets. The waterclosets shall be apart from and shall not open directly into the bake room
or rooms where the ra w material or manufactured product thereof is stored
or sold.
2. A bakery shall have adequate windows, and, if required by the rules
of the board, hoods and pipes or other means fo r ventilating ovens and ashpits.
3. A bakery shall be at least eight feet in height measured from the sur
face of the finished floor to the under side of the ceiling, except that any
cellar or basement of less height which was used fo r a bakery on the second
day of May, eighteen hundred and ninety-five, need not conform to this pro
vision.
4. The flooring shall be o f smooth even cement, or tiles laid in cement, or
wood, and shall be free from crevices and holes. The side w alls and ceilings
shall be either plastered, ceiled, or wainscoted.
S e c . 332. Maintenance.— 1. Every part of a bakery, its equipment, plumbing,
and the yards and areaways adjoining shall be kept in good repair, in sani
tary condition, and free from vermin. A ll furniture, troughs, and utensils
shall be so constructed and arranged as not to prevent cleaning them or any
part of the bakery. A ll interior woodwork, walls, and ceilings shall be painted
or limewashed once every three months, where so required by the commiSr
sioner.
2. Sanitary receptacles shall be used fo r coal, ashes, refuse, and garbage.
The contents of the receptacles fo r refuse and garbage shall be removed daily.
Mechanical means of ventilation, when provided, shall be effectively used and
operated. Windows, doors, and other openings shall be properly screened.
Lockers shall be provided for the street clothes of employees.
3. N o person shall use or be permitted to use tobacco in any form in a
bakery or room where the ra w material or manufactured product of the
bakery is stored or sold.
4. No person shall sleep or be permitted to sleep and no domestic animals,
except cats, and no birds, shall be allowed to remain in a bakery or room
where the ra w material or manufactured product of the bakery is stored
or sold.
5. Every person while engaged in the manufacture and handling of bakery
products shall w ear a clean suit and clean shoes or slippers. The suit shall
be of washable material and used for that work only.
S e c . 333. Diseased persons.— No person who has a communicable disease shall
work or be permitted to work in a bakery. Whenever required by a medical
inspector of the department, a person working in a bakery shall submit to
a physical examination by such inspector. N o person who refuses to submit
to such examination shall work or be permitted to work in a bakery.
States having laws o f this class are as follows:
California.— Acts of 1921, ch. 701.
Colorado.— C. L., secs. 1015-1022.
Connecticut.—G. S., secs. 2518-2523.
B IG H T OF. A C T IO N F O B I N J U B I E S
Delaware.— Acts of 1915, eh. 228.
Georgia.— Acts of 1914, p. 134.
Idaho.— Acts of 1921, ch. 223.
Illinois.— R. S., ch. 56b, secs. 40-50.
Indiana.— A. S., secs. 7637a-7037j; Acts of 1919, ch.
Iow a— Code Supp., secs. 2527a-2527h.
Kentucky.— Acts of 1916, ch. 37.
Maryland.— A. S., Art. 43, secs. 177A-177G.
Massachusetts.— G. L.. ch. I l l , secs. 34-48.
Michigan— Acts of 1919, ch. 25.
Minnesota.— G. S., secs., 3728-3731.
Missouri.— R. S., secs. 5685-5693, 6843-6847.
Nebraska.— C. S., secs. 7487-7497.
N ew Jersey.— C. S., pp. 2577, 2578.
New York.— Acts of 1921, ch. 50, secs. 330-333.
North Carolina.— Acts of 1921, ch. 173.
North Dakota.— Acts of 1917, ch. 68.
Ohio.— G. C., secs. 1012-1018, 12797; acts of 1919, p.
Oklahoma.— Acts of 1911, ch. 125.
Oregon.— Laws, secs. 8734-8743.
Pennsylvania.— Statutes, secs. 11958, 11960 (both
169), 13637-13660.
Rhode Island.— G. L., ch. 85, secs. 18-31 (am. 1923,
South Dakota.— Acts of 1921, ch. 242.
Tennessee.— Code, secs. 3118a-3118a-9.
Texas.— Acts of 1921, chs. 63, 66.
Vermont.— G. L., secs. 6298-6302.
Washington.— C. and S., secs. 5482-5489 (am. 1913,
Wisconsin.— Statutes, secs. 98.16-98.30
Wyoming— Acts of 1913, ch. 108.
89
56.
330.
as amended 1921, No.
ch. 2331).
ch. 60).
REGULATIONS GOVERNING LAUNDRIES
.Regulations affecting employment conditions in laundries have
regard to the public health rather than to the welfare o f the em
ployees themselves. Sanitation, ventilation, and cleanliness are re
quired, and the use o f workrooms as sleeping rooms is forbidden, as
is the employment o f persons affected with infectious or contagious
diseases.
The States having laws covering some or all o f the above provi
sions are:
Arizona.— Penal C., sec. 715.
Connecticut.— Acts of 1921, ch. 227.
Delaware.— R. C., sec. 746A (added 1915, ch. 59).
N ew York.— Acts of 1921, ch. 50, sec. 296.
Virginia.— A. C., sec. 1545.
RIGHT OF ACTION FOR INJURIES CAUSING DEATH BY WRONGFUL
ACT
Under the common law, while an injured person who survived an
accident might recover damages from the person or persons whose
negligence or wrong caused the same, no recovery was allowed where
the injury resulted in death. The reason given was that “ there is no
mode o f estimating compensation for the death o f a man.” A n
English law o f 1846, known as “ Lord Campbell’s Act,” gave to sur
viving beneficiaries a right to sue for damages suffered by the death
o f the injured person, and laws o f this kind now exist in all jurisdic
tions o f the United States. W hile not labor laws in form, a very
important application has been to cases o f fatally injured employees
whose surviving dependents are given thereby a right o f action,
though their importance has been affected by the general enactment
90
P A R T I .— D IG E STS A N D S U M M A R IE S O P L A W S
o f workmen’s compensation laws. A s to interstate commerce, the
Federal liability law controls.
The legislatures o f the several States are not uniform as to
whether or not punitive or exemplary damages are Recoverable,
but only such rights can be enforced as the statutes provide. The
amount recoverable is limited by the statutes o f some States, while
New York, Oklahoma, Pennsylvania, Utah, and W yom ing each de
clares in its constitution that the amount shall not be restricted; but,
except in Oklahoma, amendments permit the operation o f workmen’s
compensation acts with fixed awards. Expressions frequently used
are “ such damages as may be fair and just,” or “ such damages as the
jury may assess.” Porto Rico has a limit o f $3,000 in cases involving
employer and employee. The largest amount is $10,000, named in
the laws o f Connecticut, Illinois, Indiana, Kansas, Massachusetts,
Missouri, Ohio, Virginia, West Virginia, Wisconsin, and the District
o f Columbia. In Minnesota and Oregon the maximum is $7,500 and
in New Hampshire $7,000; while in Colorado and Maine it is $5,000.
In other States no sum is named.
The time within which the action must be brought is generally lim
ited, ranging from 6 months in Porto Rico to 6 years in South
Carolina. Four States have a limitation o f three years, 25 o f two
years, and 16 o f one year.
Persons properly classified as beneficiaries must be found to bring
the action, the persons so named by the English act being the wife,
husband, parent, or child of the deceased person. In most States,
however, the use o f the words u personal representatives” implies
a less restricted class o f beneficiaries, though the action is fo r the
benefit o f the heirs, and the amount recovered is in most instances
not liable for the debts o f the decedent.
The law o f the District o f Columbia on this subject is presented
in fu ll as a type o f this class o f law s:
D IS T R IC T O F C O L U M B IA — CO D E
Injuries causing death
1301. Right of action.— Whenever
by any injury done or happen
ing within the limits of the District of Columbia the death of a person shaU
be caused by the wrongful act, neglect, or default of any person or corporation,
and the act, neglect, or default is such as would, if death had not ensued,
have entitled the party injured, or if the person injured be a married woman,
have entitled her husband, either separately or by joining with the wife, to
maintain an action and recover damages, the person who or corporation which
would have been liable if death had not ensued shall be liable to an action for
damages for such death, notwithstanding the death of the person injured, even
though the death shall have been caused under circumstances which constitute
a felony; and such damages shall be assessed with reference to the injury re
sulting from such act, neglect, or default causing such death, to the widow and
next of kin of such deceased person: Provided , That in no case shall the re
covery under this act exceed the sum of ten thousand dollars: And provided
further, That no action shall be maintained under this chapter in any case
when the party injured by such wrongful act, neglect, or default has recovered
damages therefor during the life of such party.
S e c . 1802. Lim itation.— Every such action shall be brought by and in the
name of the personal representative of such deceased person, and within one
year after the death o f the party injured.
S e c . 1303. Distribution.— The damages recovered in such action shall not
be appropriated to the payment of the debts or liabilities o f such deceased
person, but shall inure to the benefit o f his or her fam ily and be distributed ac
cording to the provisions of the statute of distribution in force in the said
District of Columbia.
S e c t io n
VO CATIO NAL R E H A B IL IT A T IO N
91
Following is a list o f the various States, etc., having laws on this
subject:
Alabama.— Code, sees. 5695, 5696, 8948.
Arizona.— R. S., secs. 3372-3376.
Arkansas.— Digest, sees. 1074, 1075.
California.— C. Civ. Pro., secs. 340, 377.
Colorado.— R. S., secs. 6302-6306.
Connecticut.— G. S., sec. 6137.
Delaware.— R. C., sec. 4155.
District of Columbia.— Code, secs. 1301-1303.
Florida.— R. G. S., secs. 4960-4963.
Georgia.— Code, secs. 4422-4426.
H aw aii.— Acts of 1923, No. 245.
Idaho.— C. S., secs. 6012, 6644.
Illinois.— R. S., ch. 70, secs. 1, 2.
Indiana.— A. S., sec. 285.
Iowa.— Code, secs. 3313, 3443, 3447.
Kansas.— G. S., secs. 7323, 7324.
Kentucky.— Const., secs. 84, 241; Statutes, secs. 6, 2513,
Louisiana.— Civ. Code, art. 2315.
Maine.— R. S., ch. 92, secs. 9, 10.
Maryland.— A. C., art. 67, secs. 1-4.
Massachusetts.— G. L., ch. 229, secs. 1—11.
Michigan.— C. L., secs. 12323, 14577, 14578.
Minnesota.— G. S., sec. 8175.
Mississippi.— Code, secs. 721 (am. 1922, ch. 229).
M issouri— R. S., secs. 4217-4219, 7514.
Montana.— R. C., secs. 9031, 9076.
Nebraska.— C. S., secs. 1382, 1383.
Nevada.— R. L., secs. 4967, 4997.
N ew Hampshire.— P. S., ch. 191, secs. 8-12 (am. 1913, ch. 201).
N ew Jersey— C. S., pp. 1907-1911 (am. 1913, ch. 287; 1917, ch. 180).
N ew Mexico.— A. S., secs. 1821-1823.
N ew York.— Const., art. 1, sec. 18; C. Civ. Pro., secs. 841a, 1902-1905 (am.
1909, ch. 221; 1913, chs. 228, 756).
North Carolina.— Con. S., secs. 160, 161.
North Dakota.— R. C., secs. 6785, 6789, 7686-7688 (am. 1917, ch. 106), 76897691.
Ohio.— G. C., secs. 10770-10773 (am. 1910, pp. 198, 199; 1913, pp. 116, 117).
Oklahoma.— R. L., secs. 5281, 5282.
Oregon.— Laws, sec. 380.
Pennsylvania.— Const., art. I l l , sec. 21; Statutes, secs. 15977-15979.
Porto Rico.— R. S., secs. 5044, 5045.
Rhode Island.— G. L., ch. 233, secs. 14, 15.
South Carolina.— Civ. C., secs. 3955-3958, 3963.
South Dakota.— R. C., secs. 2929-2932.
Tennessee.— Code, secs. 4025-4029, 4469.
Texas.— R. Civ. S., arts. 1838, 1895, 4694-4704 (am. 1921, ch. 109), 5687.
Utah.— Const., art. 16, sec. 5 (am. 1920) ; C. L., secs. 6469, 6504, 6505.
Verm ont— G. L., secs. 3314, 3315.
Virginia.— Code, secs. 5786-5790.
Washington.— C. and S., secs. 170, 183 (am. 1917, ch. 123), 194.
W est Virginia.— Code, ch. 103, secs. 5, 6.
Wisconsin.— Stats., secs. 4224, 4255, 4256.
Wyoming.— C. S., secs. 5281, 5282.
VOCATIONAL REHABILITATION—STATE AND FEDERAL COOPERA
TION
*
T h e more humane and responsible attitude toward injured workers
embodied in the workmen’s compensation laws, and the successful
rehabilitation activities in connection with the wounded soldiers are
doubtless jointly responsible for the recent rapid extension o f the
idea o f retraining injured industrial workers fo r a resumption of
92
P A R T I .— D IG E STS A N D S U M M A R IE S OP L A W S
.self-supporting and self-respecting employment. The Federal
statute o f June 2, 1920 (41 Stat. 735, C. S. secs. 89321/£-89321/4k),
appears in its proper sequence in the texts o f laws printed in Part
I I . The provision fo r State cooperation on the basis o f at least
equal contributions to expenses has been accepted by most States o f
the Union. The legislation by the States is quite uniform, and that
o f Arizona may be accepted as representative. I t is as follow s:
A R IZ O N A — A C T S O F 1921
C h a p t e r 78.—
Vocational rehabilitation— State and Federal cooperation
S e c t i o n 1. Act accepted.— The State of Arizona does hereby, through its
legislative authority, accept the provisions and benefits of the act of Congress,
entitled “An act to provide for the promotion of vocational rehabilitation o f
persons disabled in industry or otherwise and their return to civil employ
ment,” approved June 2, 1920, and w ill observe and comply with all require
ments of such act.
S e c . 2. Custody of funds.— The State treasurer is hereby designated and
appointed custodian of all moneys received by the State from appropriations
made by the Congress of the United States for the vocational rehabilitation of
persons disabled in industry or otherwise, and is authorized to receive and
provide for the proper custody of the same and make disbursements there
from upon the order of the State board herein designated. ,
S e c . 3. Board.—}The board heretofore designated as the State board of voca
tional education to cooperate with the Federal Board for Vocational Educa
tion in the administration of the provisions of the vocational education act,
approved February 23, 1917, is hereby designated as the State board for the
purpose of cooperating with the said Federal board in carrying out the provi
sions and purposes of said Federal act providing for the vocational rehabilita
tion of persons disabled in industry or otherwise and is empowered and di
rected to cooperate with the said Federal board in the administration of said
act of Congress; to prescribe and provide such courses of vocational training
as may be necessary fo r the vocational rehabilitation of persons disabled in
industry or otherwise and provide fo r the supervision of such training; to
appoint such assistants as may be necessary to administer this act and said
act of Congress in this State; to fix the compensation o f such assistants and
to direct the disbursement and administer the use of all funds provided by
the Federal Government and this State for the vocational rehabilitation of
such persons.
S e c . 4 . Gifts, etc.— The State board designated to cooperate as aforesaid in
the administration of the Federal act, is hereby authorized and empowered
to receive such gifts and donations, either from public or private sources, as
may be offered unconditionally or under such conditions related to the voca
tional rehabilitation of persons disabled in industry or otherwise as in the
judgment of the State board are proper and consistent with the provisions
of this act. A ll the moneys received as gifts or donations shall be deposited
in the State treasury and shall constitute a permanent fund to be called the
special fund for the vocational rehabilitation of disabled persons, to be used
by the said board to defray the expenses of vocational rehabilitation in special
cases, including the payment of necessary expenses of persons undergoing
training. A fu ll report of all gifts and donations offered and accepted, to
gether with the names of the donors and the respective amounts contributed
by each, and all disbursements therefrom shall be submitted annually to the
governor of the State by the State board.
S e c . 5. Appropriation.— There shall be appropriated a sum of money avail
able for each fiscal year not less than the maximum sum which may be allotted
to the State for the purposes set forth in said Federal act, and there is hereby
appropriated fo r such purposes out of any moneys in the treasury not other
wise appropriated for the fiscal year ending June 30, 1921, the sum of $5,000.
A few States accepted the act prior to its enactment, anticipating
the action o f Congress in this respect. But few legislatures were in
session in the year 1920, subsequent to the date o f the action by Con-
OLD AGE P E N S IO N S
93
gress, but in 1921 there was a very general acceptance, other States
coming in in succeeding years. No action has been taken in 17 juris
dictions, while Tennessee by an act o f 1923 (ch. 74) withdrew its
acceptance o f 1921, and is now one o f the noncooperative States.
Following is a list o f the States, showing the year o f enactment and
the number o f the chapter or act by which cooperation is provided:
Alabam a.— Acts of 1920, No. 86.
Arizona.— Acts of 1921, ch. 78.
Arkansas.— Acts of 1923, No. 70.
California.— Acts of 1921, ch. 758.
Georgia.— Acts of 1920, p. 279.
Idaho.— Acts of 1921, ch. 44.
Illinois.— Acts of 1921, p. 11.
Indiana.— Acts of 1921, ch. 204.
Iowa.— Acts of 1921, ch. 14.
Kentucky.— Acts of 1922, ch. 66.
Louisiana.— Acts of 1922, No. 125.
Maine.— Acts of 1921, ch. 97.
Massachusetts.— Acts of 1921, ch. 462.
Michigan.— Acts of 1921, No. 211.
Minnesota.— Acts of 1919, ch. 365.
Mississippi.— Acts of 1924, ch. 283.
Missouri.— Acts of 1921, p. 690.
Montana.— R. C., secs. 3044-3051.
Nebraska.— Acts of 1921, ch. 68.
Nevada.— Acts of 1921, ch. 200.
New Jersey.— Acts of 1920, ch. 359.
N ew Mexico.— Acts of 1921, ch. 162.
New York.— Acts of 1920, ch. 760.
North Carolina.— Acts of 1921, ch. 172.
North Dakota.— Acts of 1921, ch. 115.
Ohio.— Acts of 1921, p. 310.
Oregon.— Acts of 1923, ch. 137.
Pennsylvania.— Acts of 1921, No. 4.
Rhode Island.— G. L., ch. 79, sec. 6.
South Dakota.— Acts of i921, ch. 215.
Utah.— Acts of 1921, ch. 97.
Virginia.— Acts of 1922, ch. 516.
West Virginia.— Acts of 1921, ch. 19.
Wisconsin.— Statutes, sec. 41.215.
W yom ing— Acts of 1921, ch. 109. .
United States.— Acts of 1920, 41 Stat.,
735.
Besides accepting the cooperative system, the following States
have statutes providing for independent action:
California.— Acts of 1919, ch. 183.
Illinois.— Acts of 1919, p. 534.
Michigan.— Acts of 1921, No. 211.
Minnesota.— Acts of 1919, ch. 365.
N ew Jersey.— Acts of 1919, eh. 74.
N ew York.— Acts of 1920, ch. 760.
Oregon.— Laws, secs. 6655-6659.
Pennsylvania.— Statutes, secs. 13671-13678.
Rhode Island.— G. L., ch. 79, secs. 1-5.
Virginia.— Acts of 1920, ch. 392.
Wisconsin.— Statutes, sec. 41.215.
Wyoming.— Acts of 1921, ch. 110 (am. 1923, ch. 24).
Specific provision for rehabilitation is also made in the workmen’s
compensation laws o f California, Massachusetts, Minnesota, New
York, North Dakota, Oregon, and Wisconsin.
OLD AGE PENSIONS
Statutes providing for pensions for aged persons are not strictly
industrial laws, although they accomplish ends frequently sought by
contributory schemes in which employers and employees cooperate
in other countries. But little legislation on this subject has been
enacted in the United States. I t is thus far strictly noncontributory,
or supported by taxation, as are those forms o f relief that are pro
vided for poverty and sickness in various forms o f poor relief.
A n early statute in this field was one o f Arizona, an initiated act
of 1914, proposing to abolish almshouses, superseding them by
monthly allowances to “ aged people and people incapable o f earning
a livelihood by reason of physical infirmities,” etc. The supreme
94
P A R T T.— D IG E ST S A N D S U M M A R IE S O F L A W S
court o f that State found the law lacking in “ a clear statement o f
the means and method o f its enforcement;” technical defects also
vitiated the act* so that its was declared void (State Board o f Control
v . Buckstegge (1916), 18 Ariz. 277, 158 Pae. 837).
Congress m 1906 (act o f May 14, 24 Stat. 192) provided that all
moneys received fo r liquor licenses and occupation, and trade licenses,
outside o f the incorporated towns, o f Alaska be held as a separate
fund to be known as the “ Alaska Fund.” A n amendment o f 1913
devoted 10 per cent o f such fund to the relief o f “ persons in Alaska
who are indigent and incapacitated through nonage, oldage, sickness,
or accident.” The Alaska Legislature o f the same year (1913, ch.
80) provided for an “ Alaska Pioneers’ H om e” in which residents o f
five years’ standing might be cared for i f in need o f aid because o f
physical disability or otherwise. In 1915 pioneers at least 65 years o f
age and 10 years in residence might be given an outdoor allowance
not to exceed $12.50 per month in lieu o f residence in the home. In
1923 (ch. 46) men 65 years o f age and women 60 years o f age, 15 con
secutive years in residence immediately prior to application, were
given the benefits o f this law, allowances being advanced to $25 per
month for men and $45 per month for women., A n y estate o f the
beneficiary is subject to a preferred claim in behalf o f the fund if
there is no widow or minor child under 18.
In Montana (ch. 72, acts of 1923) the county old-age pension board
or commission may receive applications from persons 70 years o f age!,
citizens of the United States and residents o f the State o f Montana
fo r at least 15 years. Disqualifications are the abandonment o f a
w ife by a husband without just cause, failure to render support to
w ife or children under 15 years o f age within the 15 years preceding,
or being a professional tramp or beggar within, the preceding year.
Benefits may not exceed $25 per month.
A Nevada law (ch. 70, acts o f 1923) closely resembles the above
except that the minimum age is 60 years, while the benefits, taken
together with other resources, may not bring the income to above $1
per day.
Pennsylvania is the final State to be noted, an act o f 1923 (No. 141)
resembling in its main provisions the laws o f Montana and Nevada
already noted.1 A State commission and county boards cooperate; a
minimum age o f 70 years and minimum residence o f 15 years are
required. Benefits and other resources may not exceed $1 per day,
and possession o f property, alone or jointly with a spouse, exceeding
$3,000 in value is a bar. Disqualifications are similar to those noted
under the Montana law.
RETIREMENT OF PUBLIC EMPLOYEES
The laws under this head relate entirely to public employment,
and therefore are not industrial in their main aspects. However,
they indicate a steady i f slow growth o f the idea o f retirement after
long-continued service, though most o f the legislation recently has
been amendatory. In most cases contributions by employees are
provided for.
1 This statute 1ms been declared unconstitutional by the State courts, as violating sec.
18, Art. I l l of the State constitution, which forbids appropriations for charitable or
benevolent purposes except pensions or gratuities for military service. Busser v . Snyder,
R E T IR E M E N T O F P U B L IC E M P L O Y E E S
95
Teachers’ and policemen’s funds are not noted here. A s the laws
are not industrial, only illustrative summaries are given.
In California a contributory system may be adopted for county
employees by a four-fifths vote o f the county supervisors. Em
ployees may be retired after 35 years o f service regardless o f age,
i f for the good o f the service, or at 60 years o f age after 10 years
o f service, or for permanent disability. Separation from the service
is automatic at the age o f 70 years unless an extension is secured.
Contributions are $4 monthly from employees for not more than
25 years, the county contributing an equal amount. The annuity is
determined by the amount o f these contributions, plus interest, ac
cording to tables adopted by the board o f retirement.
A rather elaborate system is provided fo r Minnesota, applicable
to cities o f 50,000 population or above not under a home-rule charter.
The system is contributory, and the age o f retirement is from 60 to
65 years for men and 58 to 63 years fo r women. The maximum
allowance is paid after 30 years o f service, and 20 years service is
necessary to secure retirement. Amounts range from 40 to 60 per
cent o f the average salary for the 10 years preceding, not over
$600 in any case, or $500 in the labor class. Provision is made for
disability retirement and individual accounts are kept. Deductions
range from 3 to 8 per cent o f the salary according to the age at
entrance upon the service.
The United States retirement system applies to Federal employees
in the classified civil service.
The system is contributory, the employees giving 2y2 per cent o f
their salary. A g e o f retirement is 70 years after not less than 15
years o f service, though mechanics, city and rural letter carriers,
and post-office clerks are eligible at 65 years, and railway postal
clerks at 62 years, all after 15 years’ service. The maximum annuity
is $720, payable after 30 years o f service, and varying with the
salary received.
Following is a list o f the laws, their scope, and whether contribu
tory or noncontributory:
California.— Acts o f 1919, eh. 373 (am . 1921, ch. 819). County employees;
contributory.
Connecticut.— Acts of 1923, eh. 119 (am. 1923, ch. 217). State employees;
noncontributory.
Illinois.— R. S., ch. 24, secs. 741-750; ch. 34, secs. 157-167 (am. 1921, p. 3 8 8 );
Acts o f 1921, p. 203 (am. 1923, p. 204). Employees of municipalities of over
100.000 population; o f counties of over 150,000 population; of cities of over
200.000 population; all contributory.
Indiana.— Acts of 1923, ch. 10. Employees of public utilities in cities of
second class o f over 50,000 inhabitants; contributory.
Maine.— Acts of 1919, ch. 38 (am. 1923, ch. 199). State employees; noncontributory.
Massachusetts.— G. L., ch. 32 (am. 1921, chs. 439, 487; 1923, chs. 190, 205,
426, 458; 1924, ch. 264). Employees of State, of counties, and of cities and
towns; contributory.
Minnesota.— Acts of 1919, ch. 522. Employees of cities o f 50,000 or over;
contributory.
New Jersey.— Acts of 1915, ch. 234 (am. 1917, ch. 91). Acts o f 1921, ch.
109 (am. 1923, chs. 103, 139; 1924, chs. 170, 261). Employees of counties,
cities, towns, boroughs, villages, and o f the State; contributory.
N ew York.— Acts o f 1920, ch. 427; ch. 741 (am. 1921, chs. 207, 365; 1924, chs.
618, 619, 620). Employees o f the city of Greater N ew Y o rk ; civil service em
ployees of the State; contributory. Acts of 1922, ch. 591 (am. 1923, ch. 708;
1924, ch. 48). Employees o f counties, cities, towns, and villages; contributory.
96
P A R T I .— D IG E ST S A N D S U M M A R IE S OF L A W S
Pennsylvania.— Statutes, secs. 3142-3153; 3920-3931; Acts of 1923, No. 331.
Employees of cities o f the first class; o f cities of the second class; and of
the State; contributory.
Philippine Islands.— Acts of 1916, No. 2589. Civil service employees; non
contributory.
Porto Rico.— Acts of Spec. Sess, 1923, No. 22. Civil service employees; con
tributory.
Rhode Island.— Acts of 1923, ch. 2374. Employees of the City of Providence;
contributory.
United States.— C. S., 1916, 1923 Supp., secs. 3287%-3287%vv. Employees
in the classified civil service; contributory.
COOPERATIVE ASSOCIATIONS
Many States have special laws providing fo r the formation o f co
operative associations for profit. So far as productive associations
are concerned, the intention o f these laws is to provide for the fo r
mation o f industrial undertakings by groups o f persons associated
to manage a business in corporate form, the labor o f which shall be
furnished largely or exclusively by the members themselves. The
laws o f the various States vary considerably in detail, but the essen
tial features are so similar that no summary or digest is necessary.
There has been a great increase in later years in the number o f
cooperative associations created for the purpose o f marketing and
distributing farm produce and general merchandise. However, as
these associations, though formed for profit, do not bring up the
relation o f employer and employee in such a sense as do the indus
trial cooperative associations, they have been omitted from this
compilation.
As fairly representative o f the industrial class o f laws, the char
acteristic provisions o f the law o f Illinois are reproduced below:
I L L IN O IS — R E V IS E D
STATUTES
C h a p t e r 32.— Cooperative associations
S e c t io n 103. Mode of incorporation.— W henever any number of persons not
less than three nor more than seven, may desire to become incorporated as
a cooperative association for the purpose Qf prosecuting any branch of industry,
they shall make a statement to that effect under their hands and seals, duly
acknowledged before some officer in the manner provided for the acknowledg
ment of deeds, setting forth the name of the proposed corporation, its capital
stock, its location, and duration of the association, and the particular branch
of industry which they intend to prosecute, which statement shall be filed in
the office of the secretary of State. The secretary of state shall thereupon
issue to such persons a license as commissioners to open books for subscription
to the capital stock of such association, at such time and place as they may
determine. No license shall be issued to two associations of the same name.
The name of the city, village or town in which the association may be located
shall form no part of the name.
S e c . 104. B u t one share of stock to he held.— No person shall be permitted to
subscribe more nor less than one share to the capital stock of such associa
tion, nor shall any person be permitted in any manner to own or control more
or less than one share in such association.
S e c . 105. Organization.— As soon as ten shares or more of the capital stock
shall be subscribed, the commissioners shall convene a meeting of the sub
scribers for the purpose of electing directors, adopting by-laws and transacting
such other business as shall properly come before them. * * *
S e c . 107. Powers.— Associations formed under this act shall be bodies cor
porate and politic fo r the period for which they are organized, may sue and
be sued, may have a common seal, which they may alter or renew at pleasu re;
may own, possess and enjoy so much real and personal estate as shall be neces-
COOPERATIVE ASSO C IA T IO N S
97
sary fo r the transaction of their business, and may sell and dispose of the same
when, in the opinion of the shareholders, it is not required for the uses of the
association. They may borrow money at legal rates of interest, and pledge
their property, both real and personal, to secure payment thereof, and may
have and exercise all powers necessary and requisite to carry into effect the
objects for which they may be formed.
S e c . 108. Board of directors.— The corporate powers shall be exercised by a
board of directors, the number of which shall be fixed by the by-laws of the
association, but the number may be increased or diminished by a majority of
the shareholders at any properly called meeting. The officers of the associa
tion shall consist of a president, vice-president, secretary and treasurer, to be
elected by the shareholders at their annual meeting as may be provided for in
the by-laws of the association; who shall be elected at some regular meeting
of the shareholders as may be by by-laws provided. A ll by-laws of the associa
tion shall be adopted by the shareholders of the association.
S e c . 110. Value of shares.— The shares of stock shall not be less than $50 nor
more than $2,000 per share, and subscriptions therefor shall be made payable
to the association, and in installments, and at such time or times as shall be
determined by the shareholders, and an action may be maintained in the name
of the association to recover any installment which shall remain due and un
paid for the period of thirty days after personal demand therefor; * * *
Whenever a share of stock shall be forfeited, such share shall then become
the property of the association and may be reissued to any person not already
holding a share. B ut any proceeds received from such reissue over and above
the amount due on said share by the association shall be paid to the delin
quent shareholder.
S e c . 111. Assignments, liability, etc.— Every assignment or transfer of stock
on which there remains any portion unpaid shall be recorded in the books of
the association, and each shareholder shall be liable jointly with the associa
tion as w ell as severally for the debts of the association to the extent of the
amount that may be unpaid upon the share held by him. N o assignor of a
share shall be released from any such indebtedness by reason of any assign
ment of his share, but shall remain liable therefor jointly with the assignee
and the association, or severally, until the stock is fully paid up. Every a s
signee of a share shall be liable for the amount unpaid thereon, the same as if
he had been an original shareholder. No assignment shall be made to any per
son who already holds a share. No assignee or transferee of stock shall have
any equitable or legal title in the same, or have the right to vote at any share
holders' meeting until such assignment or transfer shall be recorded as above
provided for. On no question shall any shareholder have more than one vote.
S e c . 112. Division of profits.— A ll dividends of profits made by any associa
tion incorporated under this act shall be made in proportion to the amount of
work performed, or product produced by each shareholder, and the associa
tion shall decide by by-law whether each shareholder's work or product shall be
measured by the piece, or by the day or hour, or may classify the work, and
measure some by the piece, some by the day, and some by the hour, as the exi
gencies of the case may demand. The association shall also provide by by-law
how different kinds of piecework shall be rated, and how piecework shall be
rated with day or hour w o rk ; shall provide how and by whom all kinds of
work shall be received as properly executed from the shareholders for the
association; shall provide the manner of giving out material to the different
shareholders with which to work, and as to what position or location shall be
assigned to each shareholder and by whom. Should any shareholder be dis
satisfied with the decision upon his work, or with the material given him, or
the position or location assigned him, he may appeal to the association at some
regular meeting of the shareholders, whose decision shall be final. The asso
ciation may provide by by-law how such appeal may be conducted. I f in any
kind of industry it should be impossible to assign all shareholders to equally
advantageous positions or locations in work, the association may provide that
shareholders shall periodically change places, or provide any other method of
equalizing such matters in accordance with justice and equity.
S e c . 113. Employment of labor.— It shall be unlawful for the association to
hire any person to engage in the principal business for which the association
was organized to prosecute, it being the intent of this act that such labor shall
be performed by the shareholders of the association to preserve the cooperative
feature. It shall be law fu l for any shareholder, in case he shall be detained
from work by sickness of self or family, or very urgent business, to employ
105446°— 25----- 7
98
P A R T I .— D IG E ST S A N D S U M M A R IE S OP L A W S
and furnish a competent substitute to perform such labor as would be assigned
to the absent shareholder; and in such case the dividends shall be made to such
shareholder the same as i f he w as present performing his labor himself. The
association shall not be liable in any manner for the pay of such substitute.
S e c . 114. Death of shareholder.— W henever any shareholder may die, his
share shall become a personal asset of his estate, and may be sold by his legal
representative to any person, or may be awarded as a dividend of the estate
to any person competent to work the share, or to any devisee or legatee com
petent to work the share, not already a shareholder, and the same may be as
signed or transferred in the same manner, and subject to the same regulations
prescribed in section 9 [111] of this act. * * *
S ec . 123. Meeting of directors.— The board of directors shall hold stated
meetings not less frequent than once each month, as may be provided by the
by-laws, and when such officers shall be present at any meeting, however
called or notified, or shall sign a written consent on the record of such meet
ing, the acts of such meeting shall be as valid as if legally called and notified.
A ll directors’ meetings must be held within the limits of this State.
S ec . 124. Meetings of shareholders.— The shareholders of every association
shall hold regular meetings not less frequently than once each month as m ay
be provided by the by-laws, * * *.
S e c . 125. By-laws, voting, etc.— N o by-law shall be adopted, amended, or
repealed, except by an affirmative vote o f a majority of all the shareholders
entitled to vote. * * *.
The following States have laws o f this class:
Alabama.— Code, secs. 7046-7061.
Alaska.— Acts o f 1917, ch. 26.
Arkansas.— Acts of 1921, ch. 632.
California.— Civ. ©., secs. 653a-6531 (am. 1921, ch. 170).
Colorado.— C. L., secs. 2413-2417.
Connecticut.-^—G. S., secs. 3600-3607 (am. 1921, ch. 115; 1923, ch. 110).
Florida.— R. G. S., secs. 4421-4426.
Illinois.— R. S., ch. 32, secs. 103-127.
Indiana.— A. S., secs. 4359a-4359e.
Iowa.— Supp. 1915, secs. 1641-rl-1641-r20 (am. 1921, ch. 251).
Kansas.— G. S., secs. 2299-2302 (am. 1917, ch. 126).
Kentucky.— Acts of 1918, ch. 159.
Massachusetts.— R. L., ch. 157, secs. 1, 2.
Michigan.— Acts of 1917, No. 239.
Minnesota.— Acts of 1919, ch. 382 (am. 1923, ch. 326).
Montana.— R. C., secs. 6375-6396.
Nebraska.— C. S., secs. 642-670.
Nevada.— R. L., secs. 1249-1260.
N ew Jersey.— O. S., pp. 1580-1584.
N ew York.— Acts o f 1913, ch. 454 (am. 1920, ch. 591; 1921, ch. 359).
North Dakota.— Acts of 1917, ch. 97 (am. 1921, ch. 43).
Oklahoma.— Acts of 1919, ch. 147 (am. 1923, ch. 167).
Oregon.— Law s, secs. 6954-6981 (am. 1923, ch. 25).
Pennsylvania.— Statutes, secs. 5520-5542.
Porto Rico.— Acts o f 1920, No. 3.
South Carolina.— Acts of 1915, ch. 152.
South Dakota.— R. C., secs. 8837-8853 (am. 1919, ch. 140; 1921, ch. 153;
1923, chs. 126, 127, 131).
Vermont.— G. L., sec. 4897.
Virginia.— Code, sec. 3855 (am . 1920, ch. 382).
Washington.— Acts o f 1913, ch. 19.
Wisconsin.— Statutes, secs. 185.01-185.23.
Wyoming.— Const., art. 10, sec. 10; acts of 1915, ch. 145.
CREDIT UNIONS
Voluntary associations exist in considerable numbers providing fo r
a loan fund fo r the benefit o f members, the fund being maintained
by their own contributions. The law o f New Jersey (ch. 48, acts o f
1924) provides fo r the incorporation and regulation o f such unions*
STA T E C O N D U C T OF B U S IN E S S
99
the membership to be “ composed exclusively o f employees having a
common employer and whose place o f employment is located within
a county o f this State.” However, the law can not be classed as a
labor law, as it contemplates no interchange o f responsibility or
interest between the employer and the employees entering into the
organization. Supervision is in the hands o f the commissioner of
banking and insurance o f the State, the organization being a finan
cial corporation o f restricted membership and prescribed capacities.
A Mississippi statute on the same subject approximates the idea
as to membership by prescribing that such organizations shall be
formed 46only within groups which have a common bond o f occupa
tion, association, or residence within a well defined neighborhood,
small community, or rural district.” (Ch. 177, acts o f 1924.) A
like law o f Louisiana contains a similar limitation. (No. 40, acts
o f 1924.) The laws o f the other States lack even so much o f a
labor aspect.
STATE CONDUCT OF BUSINESS
Laws authorizing the States to engage in lines o f business ordi
narily left to private enterprise are not labor laws in the sense o f
affecting the relation or status o f employers and employees; how
ever, they have a direct industrial aspect and the few existing laws
in this field are therefore noted.
No decision as to their constitutionality is at hand, and it is not
at all certain that decisions as to the authority o f the municipalities
to engage in business are in point, as such political subdivisions lack
the sovereign power that inheres in the States. However, it may
be noted that ordinances looking toward the maintenance o f a muni
cipal ice plant in Kansas City, Mo., which would also sell to private
consumers; o f the city o f W ay cross, Ga., authorizing the city to engage
in the plumbing business and furnish supplies fo r the operation o f
a municipal waterworks system; o f a city in Yirgina proposing to
operate a stone quarry in connection with the construction and main
tenance o f its streets; and o f cities in Massachusetts and Michigan
looking toward the establishment o f municipal fuel plants, have all
been declared unconstitutional, the ground being that municipal
corporations may not engage in private business or use public money
in business ventures in fields o f customarily private undertakings.
In the Missouri case it was said that even though the city charter
might have permitted the action, both the common law and the con
stitution o f the State forbade the levying and collection o f taxes by
a city fo r any private purpose or business. (State v. Orear, 277
Mo. 303, 210 S. W . 392; Keen v. Mayor o f W ay cross, 101 Ga. 588,
29 S. E. 42; Bradford v. Clark, 113 Ya. 199, 73 S. E. 571; In re
Municipal Fuel Plants, 182 Mass. 605, 66 N. E. 25; Baker v. Grand
Eapids, 142 Mich. 687, 106 N. W . 208.)
On the other hand the Supreme Court o f Maine upheld a law au
thorizing the operation o f fuel yards by cities and towns (Laughlin
v. City o f Portland, 111 Me. 486, 90 A tl. 318); while the Supreme
Court o f Georgia upheld the establishment o f an ice factory to be
operated in connection with a going municipal lighting plant
(H olton v. City o f Camilla, 134 Ga. 560, 68 S. E. 472).
100
P A R T I .— D IG E ST S A N D S U M M A R IE S OP L A W S
The State laws on the subject are:
Arizona.— Initiated act of 1914, p. 19, appendix to session law s of 1915.
Kansas.— Acts o f extra session 1920, ch. 29 (sec. 20).
North Dakota.— Acts of 1919, ch. 151; extra session, 1919, ch. 43.
South Dakota.— Constitution, art. 13, secs. 9-16; art. 29, sec. 1.
The Arizona statute is general, authorizing the State board o f
control to use the general fund o f the State whenever in its judgment
it shall be for the best interest o f the State to establish and operate
any manufacturing establishment or institution to manufacture and
market any natural product existing in or upon the public lands o f
the State; to operate water plants, gas plants, printing plants, etc.,
all work thereon and on other State constructions to be done without
the letting o f contracts, but by the State, “ by days’ pay.”
The Kansas laws is a single provision o f the Industrial Court Act,
undertaking to authorize the industrial court to take over and operate
the industries, employments, public utilities, and common carriers to
which the act applies in case o f the suspension, limitation, or ces
sation o f such operation i f it shall appear to the court that the
public welfare and public peace or public health are endangered by
such suspension, etc.
In North Dakota an industrial commission is created with author
ity to manage, operate, control, and govern all utilities, industries,
enterprises, and business projects o f the State except those carried
on in penal, charitable, and educational institutions. A n appropria
tion is made 'available fo r the commission to use according to its
judgment. A n act o f the special session o f 1919 authorized the gov
ernor to operate coal mines and public utilities where the cessation
o f such operation on account o f strikes or lockouts threatened to en
danger the life and property o f the people o f the State.
In South Dakota the authorization is entirely in the constitution,
amendments thereto having been proposed by the special session o f
1918, and subsequently adopted by the people o f the State. The
legislature, by a two-thirds vote, may authorize the construction and
maintenance o f good roads and the supply o f coal; the manufacture,
distribution, and gale o f cement and cement products, together with
the operation o f such means o f transportation, etc., as are necessary
to enable the business to be carried on; the manufacture, distribu
tion, and sale o f electric current fo r heating, lighting, and power pur
poses; or engaging in any work o f public improvement; also the
legislature may appropriate money fo r the construction and operation
o f elevators and warehouses, and may construct and operate flour
mills and packing houses within the State i f in its judgment the
public necessities may so require.
PREFERENCE FOR LOCAL LABOR AND DOMESTIC MATERIALS ON
PUBLIC WORKS
Expressive o f a purpose to benefit local labor and industries are
the laws o f several States declaring a preference for the employment
o f citizens and the purchase o f domestic products in the prosecution
o f public works or procuring public supplies. Such laws may even
prohibit the employment o f aliens (in some States specifically o f
Chinese), a provision which would be invalid i f applied to private
employments (Truax v . Raich (1915), 239 U. S. 33, 36 Sup. Ct. 7 );
P U B L IC P R IN T IN G
101
and it has even been so held when public employment was under con
sideration, on the ground that the statute denied the equal protection
o f the laws guaranteed by the fourteenth amendment to all persons
within the jurisdiction o f the United States regardless o f nationality
(E x parte Case (1911), 20 Idaho 128, 116 Pac. 1087); but on the
ground that the States are units o f which those not citizens are not
members, and that they may dictate the terms on which they w ill
expend their own money, it is authoritatively held that laws contain
ing such restrictions are valid as regards contracts for public works
(H eim v. McCall (1915), 239 U. S. 175, 36 Sup. Ct. 78). In ex
pending public funds, the legislature may have contemplated the
employment o f local labor as tending to prevent pauperism within
the State, and was within its powers in so providing (People v.
Crane (1915), 214 N. Y . 154, 108 N. E. 427; A ff. 239 U. S. 195, 36
Sup. C t.85).
Laws o f this class exist in the following jurisdictions:
M aterials
Florida.— Acts 1923, ch. 9146.
Minnesota.— Acts of 1915, ch. 211.
Missouri.— R. S. 10390.
Oregon.— Laws, secs. 2992-2994.
Porto Rico.— Acts of 1915, No. 13.
Washington.— Acts 1911, Senate J. R. No. 10.
United States.— O. S. secs. 6859, 6876, 6879.
Labor
Arizona.— Const., Art. X V III» sec. 10; R. S., sec. 3105; acts of 1919, ch.
174, sec. 46.
California.— Const, art. 19, sec. 3; Pol. Code, secs. 3235, 3247 (added 1897,
ch. 149) : acts of 1915, ch. 417 (am. 1921, ch. 366).
Florida.— Acts of 1923, ch. 9146.
H aw aii.— R. L., secs. 157 (am. 1923, No. 19), 160.
Idaho.— Const., art. 13, sec. 5; C. S., sec. 2323.
Louisiana.— Acts of 1899, No. 6; acts o f 1908, No. 271.
Maine.— R. S., ch. 49, sec. 36.
Massachusetts.— G. L., ch. 149, sec, 26, 179a (added 1922, ch. 517).
Nevada.— R. L. 1919, r . 2965.
N ew Hampshire.— Acts 1915, ch. 45.
N ew Jersey.— O. S., p. 3023, sec. 15.
N ew York.— Acts of 1921, ch. 50, sec. 222.
Oregon.— Law s, secs. 2995-3000.
Pennsylvania.— Statutes, sec. 18268.
Utah.— C. L., sec. 4865.
Washington.— Acts of 1919, ch. 111.
Wyoming.— Const., Art. X IX , secs. 1, 2.
United States.— C. S., secs. 6859, 6876, 6879.
The prohibition against the employment of aliens, or at least
those who have not declared their intentions of citizenship, is ab
solute in Arizona, California (emergencies due to fire, flood, or other
calamity due to natural causes excepted), Idaho, New Jersey, and
Wyoming.
PUBLIC PRINTING TO BE DONE WITHIN THE STATE
Like the above, the provision found in the laws of a number of
States requiring public printing to be done within the State is
doubtless intended in part to favor local industry. The practice is
102
P A R T I .— D IG E ST S A N D S U M M A R IE S OF L A W S
much wider than the statutory requirement. In some States a pro
viso is added allowing bids from outside the State to be secured
where the difference in cost would seem to warrant, or where there
appears to be a combination in the State to maintain prices and
prevent free competition. The Mississippi statute was held consti
tutional by the supreme court o f that State. (Dixon-Paul Printing
Co. v . Board (1918), 77 So. 908).
•
•
The following States have laws directing printing to be done
within the State:
Arkansas.— Digest, sec. 9207.
Florida.— R. G. S., sec. 1304.
Idaho.— C. S., secs. 2335-2337.
Illinois.— R. S., ch. 127, sec. 16.
Kentucky.— Statutes, sec. 3954.
Minnesota.— G. S., sec. 4936.
Mississippi.— Code, sec. 3739 (am. 1916, ch. 135.)
Missouri.— R. S., sec. 9700.
"New Hampshire.— Acts, 1901, ch. 84 (am. 1913, ch. 132).
N ew Jersey.— C. S., 4205, sec. 3.
North Dakota.— R. C., sec. 2282 (am. 1907, ch. 185).
Ohio.— G. C., sec. 763 (am. 1911, p. 448).
Tennessee.— Code, sec. 39a.
Texas.— R. S., art. 6340.
O f these States, the following make provision for bids from out
side the State when one or both the conditions named above exist:
Arkansas, Idaho, New Hampshire, North Dakota (allows a d if
ference o f 15 per cent), and Tennessee.
The following States, etc., have provided for public printing
offices:
California.— Pol. C., secs. 526-540.
Iow a.— Code, sec. 117; Supp., secs. 118-144d.
Kansas.— Const., art. 15, sec. 256; G. S., secs. 10792-10820.
Nevada.— R. L., secs. 4305-4340.
Oregon.— Const., Art. X II, sec. 1; Laws, secs. 2780-2795.
Philippine Islands.— Acts of Phil. Com., No. 296.
Porto Rico.— Pol. C., sec. 2718.
RATES OF WAGES OF EMPLOYEES ON PUBLIC WORKS
Laws designating the rates o f wages to be paid employees on
public works are significant as an attempt on the part o f the State to
regulate employment conditions. Such laws may either name a
fixed sum or direct that not less than current rates be paid. Some o f
these laws have been declared unconstitutional by the courts, either
because o f their infringing on the right to contract or because they
were discriminatory in their nature.
In a New Y ork case (People ex. rel. Rodgers v . Coler (1901),
166 N. Y . 1, 59 N. E . 716)} a contractor sued to compel payment on
a contract fo r work done, m the performance o f which he had paid
less than the current wages. The act o f the legislature requiring that
rates o f wages on public work be not less than the prevailing rates
in similar employments in the locality in which the work was done
was declared unconstitutional as invading the rights o f liberty and
property, denying to the city and to contractors the right to agree
with their employees as to the amount o f compensation to be paid.
The statute was also condemned as penalizing acts that are in them
selves innocent and harmless. Later (Ryan v . City o f New Y o rk
B A T E S O P W AG ES OP E M PL O Y E E S O N P U B L IC W OKKS
103
(1904), 177 N. Y . 271, 69 N. E. 599), the attitude indicated above
was modified to the extent o f holding that the city was governed by
this law in so far as it related to direct employment by the munic
ipalities, though it was void as to contractors,.who must simply
effect specified results, and who are at liberty to make contracts
freely with their workmen. The Supreme Court of Indiana in 1903
took the view expressed in the Rodgers case above, holding that
cities, etc., might also contract without interference by the statute
(Street v. Varney Elec. Co., 60 Ind. 338, 66 N. E. 895).
The foregoing decisions are opposed to a decision o f the Supreme
Court o f the United States (Atkin v. Kansas (1903), 191 U. S.
207, 24 Sup. Ct. 124), to the effect that municipalities are but the
agent o f the State for the performance o f certain duties best at
tended to locally, and that it rests with the State to make such con
ditions for contractors as it may choose, the contractor being free or
not to accept such terms; but i f he undertakes work for the State or
a municipality, both he and the municipality must conform to the
conditions laid down by the State. The people o f the State o f New
Y ork later adopted an amendment to the constitution conferring on
the legislature power to act in the manner previously attempted,
regulating the conditions o f employment, whether the work be done
by the city directly or by a contractor. The legislature then passed
another law which has since been declared constitutional. (People
ex rel. W illiams Eng. and Const. Co. v. Metz (1908), 193 N. Y . 148,
85 N. E. 1070).
The doctrine o f the Atkin Case was not found to apply in a case
involving the constitutionality o f an act o f the Legislature o f Ne
braska (ch. 17, acts o f 1909) which undertook to regulate the condi
tions o f employment on the public works o f cities o f a designated
class, naming $2 as. the rate o f daily pay. This was given as one of
the reasons for holding the act unconstitutional, since “ no fixed rate
o f wages should be provided by the legislature without reference to
the going wages for that kind o f work at the time and place where
it is to be perform ed” (W righ t v. Hoctor (1914), 95 Nebr. 342, 145
N. W . 704). This was on the ground that the law favored one citizen
at the expense o f another, taking the property o f the latter without
due process o f law. Another decision falling in this group is one o f
the Supreme Court o f Pennsylvania declaring invalid a stipulation in
a contract o f the city o f Reading fixing $1.50 as the minimum daily
wage to be paid by contractors for public works (Frame v. Felix
(1895), 167 Pa. 47, 31 A tl. 375). I t was held that this provision was
a violation o f the law that required such contracts to be let to the
lowest responsible bidder, wages being one o f the essential elements
o f the work, every part or which must be subject to competition. It
is recognized under the decision in the Atkin Case, however, that a
law properly based and enacted, fixing rates o f wages on public works
is valid legislation.
The States having laws on this subject are (laws relating only to
highway labor omitted) the following:
Arizona.— R. S., sec. 3103.
California.— Code, G. L., No. 2894.
H aw aii.— Acts of 1919, No. 218.
Maryland.— P. L. L. (B altim ore), Art. 4, sec. 31a (am. 1910, p. 642).
Massachusetts.— G. L., ch. 149, secs. 26, 27.
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P A R T I — D IG E STS A N D S U M M A R IE S O F L A W S
N ew York.— Acts of 1921, ch. 50, sec. 220 (am. 1921, ch. 642).
Oklahoma.— It. L., sec. 3757.
Porto Rico.— Acts of 1923, No. 11.
United States.— 0. S., sec. 6765.
HOURS OF LABOR ON PUBLIC ROADS
The laws designating the hours o f labor on public roads apply
principally to the working out o f taxes and relate less to the employ
ment o f labor than to regulations adopted by the people through
their representatives for the determination o f the time o f their own
service in this particular. They are significant, however, as indi
cating what is considered a day’s labor in a form o f public work,
though they establish a minimum day rather than fix a lim it beyond
which labor is forbidden.
The hours o f labor prescribed by the laws o f the various States,
etc., which have laws on this subject are as follow s:
Eight hours
Alaska.— C. L., sec. 36.
Arkansas.— Digest, sec. 5348.
California.— Acts of 1917, ch. 52, sec. 35.
Indiana.— Acts of 1923, ch. 194, sec. 3.
Iowa.— Code, sec. 1535.
Kentucky.— Statutes, sec. 4329 (am. 1918, ch. 23).
Mississippi.— Code, sec. 4416 (am. 1922, ch. 242).
Nevada.— R. L., sec. 3035.
N ew Jersey.— C. S., p. 4444, sec. 53; p. 4448, sec. 66a-5.
North Dakota.— R. C., sec. 1431.
Oklahoma.— R. L., sec. 7566.
Philippine Islands.— Acts of Phil. Com., No. 1511.
Texas.— Acts of 1913, ch. 68.
Wyoming.— C. S., sec. 2562.
Not less than 7 nor more than 10 hours
North Carolina.— Con. L., sec. 3808.
Nine hours
Tennessee.— Code, sec. 1671.
Ten hours
South Carolina.— Civ. C., sec. 1977.
LIABILITY OF EMPLOYERS FOR TAXES OF EMPLOYEES
Eleven jurisdictions have in their tax laws provisions making em
ployers liable fo r certain taxes o f their employees. The law may
require such payment on notice, or it may provide for proceedings
in the nature o f garnishment beiore liability attaches. The amounts
paid are o f course to be deducted from the wages.
In Alaska and Louisiana the laws refer to school taxes only; in
Nevada and Washington to poll taxes for general State or local bene
fit; in North Carolina all taxes are included: in Pennsylvania (sec.
4817) to occupation taxes o f employees generally for school purposes,
another section (20728} relating to all taxes assessed on alien em
ployees. In the other five States only road taxes are included in the
laws.
IN T O X IC A T IO N OF E M P L O Y E E S
105
The list is as follow s:
Alaska.— Acts of 1919, ch. 29, sec. 8.
California.— Pol. C., sec. 2671.
Georgia.— Pol. C., sec. 670.
Idaho.— C. S., sec. 1344.
Louisiana.— Acts of 1902, No. 213.
Montana.— R. C., sec. 1620.
Nevada.— R. L., sec. 3718.
North Carolina.— Con. S., sec. 8004.
Pennsylvania.— Statutes, secs. 4817, 20728.
Washington.— Acts of 1921, ch. 174.
Wyoming.— C. S., sec. 2558.
EMPLOYERS TO FURNISH NAMES OF EMPLOYEES TO TAX
OFFICIALS
In line with the foregoing legislation is a method adopted in a
few States, by which employers are required to furnish the names o f
their employees to officious o f the county, etc., for purposes o f taxa
tion. This also is a tax measure rather than a labor law, but imposes
a certain duty upon the employer because o f his status. The law of
Alaska refers to school taxes only, that o f Montana, South Carolina,
and W yom ing only to road taxes, the laws o f the other jurisdictions
being more general in their application.
The list o f laws o f this class is as follows:
Alaska.— Acts of 1919, ch. 29, sec. 8.
Arkansas.— Digest, sec. 10550.
California.— Penal C., sec. 434.
H aw aii.— R. L., sec. 1253.
Idaho.— C. S., sec. 8384.
Montana.— R. C., sec. 1619.
North Carolina.— Con. S., sec. 8004.
South Carolina.— Cr. C., sec. 638.
Washington.— Acts of 1921, ch. 174.
Wyoming.— C. S., sec. 2558.
INTOXICATION, NEGLIGENCE, ETC., OF EMPLOYEES
Several States have laws penalizing the negligence o f employees,
especially where such negligence involves danger to the public. The
common-law liability o f the employer fo r his employee’s negligence is
not affected, but there is usually a definite penalty attached to the
specific act which is enforceable against the employer; while in some
. cases criminal proceedings against the employee are authorized.
INTEMPERATE EMPLOYEES—INTOXICATION
Laws penalizing employers for having in their service as drivers
o f public conveyances persons addicted to drunkenness are found in the
States named below. The laws also generally require immediate dis
charge of a driver on complaint o f his intoxication.
California.— Pol. Code, secs. 2932, 2933.
Illinois.— R. S., ch. 121, secs. 146, 147.
Michigan.— C. L., secs. 4594, 4595.
Montana.— R. C., secs. 1745, 1746.
Nebraska.— C. S., secs. 2771, 2772.
New Jersey.— C. S., p. 5652, sec. 9.
N ew York.— Con. L., ch. 25, secs. 322, 323.
North Dakota.— R. C., sec. 1461.
Oklahoma.— R. L., sec. 7637.
Oregon.— Laws, secs. 2253-3, 2253-4.
Wisconsin.— Statutes, secs. 85.19, 85.20.
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P A R T I .— D IG E ST S A N D S U M M A R IE S OP L A W S
Similar laws relative to employees on railroads are found in—
Michigan.— C. L., sec. 8294.
N ew York.— Con. L., ch. 40, sec. 1913.
Ohio.— G. S., secs. 9005, 9006.
Vermont.— G. L., secs. 5252, 5253.
The following-named sections o f State laws relate to common
carriers and provide penalties on the employees themselves fo r their
intoxication, and may also declare them liable fo r damages incurred
by reason o f such intoxication:
Alabama.— Code, sec. 4628.
Arizona.— R. S., P. C., sec. 398.
Arkansas.— Digest, sec. 8590.
California.— Penal C., secs. 369f, 391.
Connecticut.— G. S., sec. 6191.
Florida.— R. G. S., sec. 5574.
Idaho.— C. S., sec. 8349.
Indiana.— A. S., sec. 5301.
Maine.— R. S., ch. 57, sec. 64.
Michigan.— C. L., sec. 8295.
Minnesota.— G. S., sec. 8775.
Mississippi.— Code, sec. 1350.
Missouri.— R. S., secs. 3242, 3243.
Montana.— R. C., sec. 11253.
Nebraska.— C. S., sec. 5414.
Nevada.— R. L., secs. 3564, 6583.
N ew Jersey.— C. S., p. 4244, sec. 50.
N ew Mexico.— A. S., sec. 4714.
N ew York.— Con. L., ch. 40, sec. 1984.
North Carolina.— Con. S., sec. 4420.
North Dakota.— R. C., sec. 9061.
Oklahoma.— R. L., sec. 2537.
Porto Rico.— P. C., sec. 344.
South Dakota.— R. C., sec. 3987.
Utah.— C. L., sec. 8202.
Virginia.— A. C., sec. 4722.
Washington.— C. and S., sec. 2527 (am . 1915, ch. 165)*
W est Virginia.— Code, sec. 5232.
More general than the above are laws applicable to employees o f
common carriers, penalizing the racing o f steamboats, creating an
unsafe amount o f steam in boilers, violating rules, or w illfu lly omit
ting the performance o f duty whereby life or safety is endangered
or property destroyed. Such conduct is a misdemeanor, and is pun
ishable as such, or by a special penalty; while i f actual personal in
jury results the offense may be a felony.
Laws o f this class are found in most jurisdictions, as follow s:
Alabam a.— Code, secs. 5334, 5533-5536.
Arizona.— R. S., secs. 382, 400.
Arkansas.— Digest, sec. 2363.
California.— Penal Code, secs. 348, 349, 368, 369, 393.
Connecticut.— G. S., sec. 6191.
Florida.— R. G. Sc, sec. 5573.
Georgia.— Penal Code, sec. 117.
Idaho.— C. S., secs. 8337, 8338, 8351.
Kansas.— G. S., secs. 3383, 3384.
Maine.— R. S., ch. 57, sec. 65; 120, sec. 6.
Massachusetts.— G. L., ch. 160, secs. 230, 231; 265, secs. 30, 31.
Michigan.— C. L., secs. 5389, 5395, 5396.
Minnesota.— G. S., secs. 8614, 8616, 8617, 8777, 8778.
Mississippi.— Code, secs. 1241, 1242, 1341, 1354.
Missouri.— R. S., sec. 3244.
Montana.— R. C., secs. 11195, 11229, 11230, 11255.
SABOTAGE A N D C R IM IN A L S Y N D IC A L IS M
107
Nevada.— R. L., secs. 6408, 6585, 6587.
N ew Jersey.— C. S., p. 3709, sec. 65.
N ew York.— Con. L., ch. 37, secs. 16, 23; ch. 40, secs. 1052, 1892, 1893, 1894.
North Dakota.— It. C., secs. 8821, 8822, 8993, 8994, 9062.
Oklahoma.— R. L., sec. 2538.
Oregon.— Laws, sec. 1928.
Pennsylvania.— Statutes, sec. 18540.
Porto Rico.— Penal Code, secs. 325-328 (am. 1916, No. 51).
South Carolina.— Cr. Code, secs. 168, 169, 660, 662.
South Dakota.— R. C., secs. 3988, 4027, 4126.
Tennessee.— Code, secs. 6475-6478, 6482-6486.
Utah.— C. L., secs. 8172, 8175, 8204.
Vermont.— G. L., sec. 5254.
Washington.— C. and S., secs. 2401, 2529, 2532.
W est Virginia.— Code, sec. 5180.
Wisconsin.— Statutes, secs. 4357, 4358.
The following States make negligence on the part o f the operators
o f steam boilers a misdemeanor, or a felony i f serious personal in
jury or death results:
Arizona.— R. S., sec. 349.
California.— Penal Code, secs. 349, 368.
Idaho.— C. S., sec. 8337.
Minnesota.— G. S., sec. 8778.
Montana.— R. C., secs. 11195-11198, 11229.
Nevada.— R. L., secs. 6408, 6587.
N ew York.— Con. L., ch. 40, secs. 1052, 1891, 1893.
North Dakota.— R. C., secs. 8822, 8994.
Pennsylvania.— Statutes, sec. 21730.
Porto Rico.— Penal Code, secs. 325, 326.
South Dakota.— R. C., secs. 4028, 4127.
Utah.— C. L., secs. 8173, 8174.
Laws making it unlawful fo r intoxicated persons to enter mines,
or to carry intoxicants into mines are found in several jurisdictions.
The employment as hoisting engineers o f persons who are addicted
to the use o f intoxicants is also forbidden in several States. Follow
ing are the States haying laws on these subjects:
Alabama.— Code, sec. 4996.
Alaska.— Acts of 1917, ch. 51.
Arizona.— R. S., secs. 4074, 4080.
Idaho.— C. S., sec. 5509.
Illinois.— R. S., ch. 93, sec. 23 (am. 1923, p. 459).
Iowa.— Code Supp., sec. 2489-18a.
M aryland.— Acts of 1922, ch. 307, sec. 172.
Michigan.— C. L., sec. 5557.
Montana.— R. C., sec. 3530.
•
Ohio.— G. C., sec. 959 (am. 1910, p. 52).
Pennsylvania.— Statutes, sec. 15555.
Utah.— C. L., sec. 3921.
Wyoming.— C. S., sec. 5890.
SABOTAGE AND CRIMINAL SYNDICALISM
Laws penalizing criminal syndicalism, which is defined as K the
doctrine which advocates crime, sabotage, or unlawful methods o f
terrorism as a means o f accomplishing industrial or political reform,”
are o f recent enactment in the United States. They are classifiable
as criminal laws, severe penalties being provided for the commis
sion o f forbidden acts; but as they are directed to the regulation o f
methods o f “ industrial reform,” while sabotage is defined as u ma
licious damage or injury to the property o f an employer by an
108
P A R T I .— D IG E ST S A N D S U M M A R IE S OP L A W S
employee,” they must be considered, in some degree at least, as labor
legislation.
The first statutes o f this type were enacted in 1917, Idaho (March
14) antedating Minnesota (A p ril 13) by about a month. The con
stitutionality o f this class o f statutes has been challenged, but they
have been upheld by various courts. Perhaps the earliest decision
was by the Supreme Court o f Minnesota in State v. Moilen (A p ril 19,
1918), 167 N. W . 345. The California law was also upheld, People v.
Malley, 194 Pac. 48, as well as others.
Most o f the laws enacted are o f a standardized form, o f which the
Minnesota statute may be accepted as representative. I t is as
follow s:
M IN N E S O T A — A C T S O F 1917
C h a p t e r 215.— Crim inal syndicalism
S e c t io n 1. Definition.— Criminal syndicalism is hereby defined as the doc
trine which advocates crime, sabotage, (this word as used in this bill meaning
malicious damage or injury to the property of an employer by an employee)
violence or other unlawful methods of terrorism as a means of accomplishing
industrial or political ends. The advocacy of such doctrine, whether by w ord
of mouth or writing is a felony punishable as in this act otherwise provided.
S e c . 2. Offenses.— Any person who by word o f mouth or writing, advocates
or teaches the duty, necessity or propriety of crime, sabotage, violence or other v
un law ful methods of terrorism as a means of accomplishing industrial or
political ends, or prints, publishes, edits, issues or knowingly circulates, sells,
distributes or publicly displays any book, paper, document or written matter
in any form, containing or advocating, advising or teaching the doctrine that
industrial or political ends should be brought about by crime, sabotage, violence
or other unlaw ful methods of terrorism; or openly, willfully and deliberately
justifies by w ord of mouth or writing, the commission or the attempt to commit
crime, sabotage, violence or other unlawful, methods of terrorism with intent
to exemplify, spread or advocate propriety of the doctrines of criminal syndi
calism, or organizes or helps to organize or becomes a member or voluntarily
assembles with any society, group or assemblage of persons formed to teach or
advocate the doctrine of criminal syndicalism, is guilty of a felony and
punishable by imprisonment in the State prison fo r not more than five years
or by a fine of not more than $1,000 or both.
S e c . 8 . Assembling.— W herever two or more persons assemble for the purpose
of advocating or teaching the doctrines of criminal syndicalism defined in this
act, such an assemblage is unlawful and every person voluntarily participating
therein by his presence, aid or instigation is guilty of a felony and punishable
by imprisonment in the State prison for not more than ten years or by a fine of
not more than $5,000 or both.
S e c . 4. Perm itting assemblages.— The owner, agent, superintendent, or occu
pant of any place, build in g or rooms who w illfully and knowingly permits
therein any assemblage of persons prohibited by the provisions of section three
of this act, or who, after notification that the premises are so used, permits
such use to be continued, is guilty of a gross misdemeanor and punishable by
imprisonment in the county ja il for not more than one year or by a fine of not
more than $500 or both.
Laws o f this type, or embodying similar provisions are found in—
Alabama.— Code, secs. 3452-3455.
Alaska.— Acts of 1919, ch. 6.
Arizona.— E xtra session, 1918, ch. 13.
California.— Acts of 1919, ch. 188.
H aw aii.— Acts of 1919, No. 186.
Idaho.— C. S., secs. 8580-8583.
Iowa.— Acts of 1919, ch. 382.
Kansas.— E xtra session, 1920, ch. 37.
Michigan.— Acts of 1919, No. 255.
Minnesota.— Acts of 1917, ch. 215.
IN D U S T R IA L PO L IC E
109
Montana.— R. C., secs. 10740-10744.
Nebraska.— C. S., secs. 9755-9757.
Nevada.— R. L., 1919, p. 8375.
Ohio.— Acts of 1919, p. 189.
Oklahoma.— Acts of 1919, ch. 70.
Oregon.— Acts of 1921, ch. 34.
South Dakota.— R. C., secs. 3644-3647.
Utah.— Acts of 1919, ch. 127.
Washington.— Acts of 1919, chs. 173, 174.
Other laws that may be noted in this connection are one o f Hawaii,
No. 216, acts o f 1921, which is addressed to the subject o f publica
tions, etc., intended to advocate or incite the commission o f acts o f
violence, sabotage, etc., directed to the intimidation or coercion o f
persons engaged in lawful business or o f the enjoyment o f rights o f
liberty and property. Foreign-language newspapers must file a
copy o f each and every such paper or printed document in the office
o f the attorney general; while books, papers, pamphlets, circulars,
and the like relating to the Government or laws o f the United States
or o f the Territory o f Hawaii, or to the rights o f persons or prop
erty, or to racial, industrial, or class questions or conditions, shall
be filed in the office o f the attorney general o f the Territory together
with a true and correct English translation thereof, and the name or
names and addresses o f the author or authors and o f the publisher;
one o f Indiana (acts o f 191$, ch. 125) which omits the provisions
o f the standard law as to the formation and encouragement o f organ
izations, and is directed more specifically to the idea o f the general
strike; and one o f W yoming (acts o f 1919, ch. 76), which also
omitted reference to organizations, but provides penalties for in
citing or encouraging crime as a means o f coercion for the accom
plishment o f political and industrial changes “ in any manner or by
any means.”
INDUSTRIAL POLICE
The appointment o f special police at the request o f individuals and
corporations for the purpose o f the preservation o f order in or about
specified places or for the protection o f property is authorized by
law in several States. Such police are to be appointed by the gov
ernor or other official, and are usually required to wear a badge
bearing the words “ Railroad Police,” “ Steamboat Police,” “ Coal
and Iron Police,” or the like, except when engaged in detective
service. They are to be paid by the parties requesting their ap
pointment, but are subject to the orders o f the State or local authori
ties. Such persons may or may not be employees o f the person or
corporation applying for their appointment as police officers.
Laws conferring on railroad conductors, etc., the power o f making
arrests o f disorderly persons on their trains, and laws providing for
the appointment on motion o f the proper authorities o f added officers
o f the peace in time o f riot or other disorder are not considered
under this head.
The provisions o f the statute o f Connecticut as to the appointment
o f special officers for the protection o f industrial property and the
maintenance o f order in the vicinity, are here reproduced as repre
sentative o f this class o f law s:
110
P A R T I . — D IG E ST S A N D S U M M A R IE S O P L A W S
CONNECTICUT—GENERAXi STATUTES
S e c t io n 80. Public service corporations.— The governor may upon the appli
cation of any electric, gas, telephone, telegraph, or water company owning,
leasing, maintaining, managing, or controlling any property, plant, or equip
ment, in this State, commission, during his pleasure, one or more persons
designated by such company who, having been sworn, may act at the expense
of such company as policemen upon the premises used or occupied by such
company in its business, or upon any highway adjacent to such premises,
for the proper protection of such plant or property, and every policeman so
appointed may arrest any person in his precincts for any offense committed
therein, and take such person before some proper authority. The superin
tendent o f State police may exercise such supervision and direction over
any policeman appointed as herein provided as he may deem necessary. W hen
any commission is issued to any such policeman, or revoked, the executive
secretary shall notify the clerk of the superior court of each county in which
it is intended that such policeman shall act.
S e c . 81. Railroads, etc.— £This section makes identical provision with the
above for appointments on the application of railroad, street railway, or
steamboat companies, or of corporations owning or having control of the
roads in any private residence park.]
S e c . 82. Shield.— Every such policeman shall, when on duty, wear, in plain
view, a shield bearing the words. “ railroad police,” “ street railw ay police,”
or “ steamboat police,” as the case may be, and the name of the company fo r
which he is commissioned.
Sec. 857. To be citizens.— No person not a citizen o f this State shall he
appointed a special constable or policeman. B ut this provision shall not be
construed to prevent the governor appointing any regular employee of any
railroad or steamboat company a special officer.
The person or other agency procuring the appointment may be
made responsible for any abuse o f authority; or the appointee may
be required to give bond to cover such liability. Following is a list
o f the States having laws on this subject, with a statement o f their
application, and the provision for liability, i f an y:
Alabam a.— Code, secs. 9993-10003. Railroads and street railways. Gover
nor appoints. Appointees give bond.
California.— Penal Code, p. 652. Railroad and steamboat companies. Gov
ernor appoints. Employers liable.
Connecticut.— T ext above.
Florida.— Acts of 1921, ch. 8589. Common carriers.
Governor appoints.
Appointees give bond.
Indiana.— A. S., sec. 8783. A ny person or corporation. Commissioners of
public safety appoint.
Maryland.— A. C., art. 23, secs. 406-411. Railroad, steamboat, canal, fu r
nace, colliery, or rolling mill corporations. Governor appoints.
Massachusetts.— G. JU, ch. 159, secs. 89-95. Railroad, street railway, and
steamboat companies. M ayor or selectmen appoint. Employers liable.
Nevada.— Acts o f 1921, eh. 163. R ailroad companies. Governor appoints.
Employers liable.
N ew Jersey.— C. S., p. 869, sec. 4 (am . 1922, ch. 153). Railroad, street ra il
way, canal, or steamboat companies. Governor appoints.
N ew Mexico.— Acts of 1921, ch. 141. Railroad companies. Governor appoints.
Bond required and employers liable.
N ew York.— Con. L., ch. 49, sec. 88 (am. 1924, ch. 668). Railroad and steam
boat companies. Superintendent of State police appoints.
North Carolina.— Con. S., secs. 3484-3488 (am . 1923, ch. 23). Steam and
electric roads, electric, water-power, construction, or manufacturing companies.
Governor appoints. Appointees give bond.
North Dakota.— R. C., secs. 9750, 9751. R ailroad companies. Company ap
points.
Ohio.— G. €., secs. 9150-9155 (am. 1921, p. 40). Banks, building and loan
associations, railroad, street railway, suburban and interurban railroad com
panies. Governor appoints.
Oregon.— Laws, secs. 5969, 5970. Railroad and steamboat companies. Gov
ernor appoints. Employers liable.
A R M E D GUARDS
111
Pennsylvania.— Statutes, secs. 6231-6236. Street railw ay companies. M ayor
or justice of the peace appoints. Secs. 18542-18548. Railroad, coal and iron
companies. Governor appoints.
Rhode Island— G. L., ch. 134, secs. 1-7. Common carriers. Governor ap
points. Employers liable.
South Carolina.— Civ. C., secs. 1149-1153.
Any industrial corporation.
Sheriff appoints. Appointees give bond, which is sole -recourse. Secs. 25782581. Common carriers. Governor appoints. Appointees give bo n d ; employers
also liable.
South Dakota.— R. C., sec. 9720. Railroad companies. Companies appoint
and are liable.
Vermont.— G. L., secs. 5258-5262. - Railroad companies. Selectmen appoint.
Employers liable.
Virginia.— Code, secs. 3944, 4025. Railroad and steamship companies. Com
panies appoint with the approbation of a circuit or corporation court. Secs.
4801, 4805. Manufacturing companies. Circuit court, or judge in vacation,
appoints. Appointees give bond.
Washington.— Acts of 1915, ch. 118. Steam and electric railroad companies.
Governor appoints. Employers liable.
ARMED GUARDS
In line with legislation authorizing the appointment of special or
industrial police at the request of individuals and corporations for
the purpose of the preservation of order in or about specified places
or for the protection of property, is another form of legislation for
bidding the hiring or employing of armed guards for the same pur
pose, unless they are citizens or residents of the State, or have
secured special permits for the purpose. Only nine States have such
laws, and no legislation has been enacted since 1913.
The law o f the State o f Colorado on this subject is reproduced
herewith as being fairly representative o f laws o f this class:
C O L O R A D O — C O M P IL E D L A W S
S ec tio n 4158. H iring armed guards,— A ny person or persons who shall hire,
aid, abet or assist in hiring, through agencies or otherwise, persons to guard
with arms or deadly weapons of any kind other persons or property in this
State, or any person or persons who shall come into the State armed with
deadly weapons of any kind fo r any such purpose, without a permit in writing
from the governor of this State, shall be guilty of a felony, and on conviction
thereof shall be imprisoned in the penitentiary not less than one year nor
more than five years: Provided , That nothing contained in this act shall be
construed to interfere with the right of any person, persons, or company, cor
poration, society, association or organization in guarding or protecting their
private property or private interests, 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 induced 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.
The foregoing is practically the language o f the laws o f Alaska,
Oklahoma, and Tennessee on this subject, being a part o f a statute
penalizing employment under misrepresentation or fraud. In the
other jurisdictions the provision is an independent one and is
directed simply to the importation or employment o f others than
citizens as guards, unless they are regular employees.
The following States have laws o f this class:
Alaska.— Acts of 19i3, ch. 36, sec. 3.
Arkansas.— Digest, sec. 2793.
Colorado.— C. L., sec. 4158.
Massachusetts.— G. L., ch. 149, secs. 176, 177.
•
112
P A R T I .— D IG E STS A N D S U M M A R IE S OP L A W S
Missouri.— R. S., sec. 8484
Oklahoma.— R. L., sec. 8767.
Tennessee.— Code, sec. 4338a-8.
Washington.— C. and S., sec. 2775.
Wisconsin.— Statutes, sec. 4575b.
TRADE-MARKS OF TRADE-UNIONS
The laws o f 43 States secure to labor organizations the right to
register, use, and protect from counterfeit or unauthorized use the
trade-marks or labels chosen by them to distinguish the products o f
union labor from other goods or manufactured articles.
The law o f the State o f Connecticut on this subject is reproduced
herewith, as being fairly representative o f laws o f this class:
C O N N E C T IC U T — G E N E R A L S T A T U T E S
S e c t io n 4815. Im itation: penalty.— Whenever any person, or any association
or union of workingmen, has adopted or used, or shall adopt or use, any label,
trade-mark, term, design, device, or form o f advertisement for the purpose
of designating, making known, or distinguishing any goods, wares, merchandise,
or other product of labor as having been made, manufactured, produced, pre
pared, packed, worked-upon, or put on sale by such person or association or
union of workingmen, or by a member or members of such association or union,
and shall have recorded such label, trade-mark, term, design, device, or form of
advertisement as provided in section 4816, it shall be unlaw ful fo r any person
or corporation to counterfeit or imitate such label, trade-mark, term, design,
device, or form of advertisement, or to use, sell, offer for sale, or in any w ay
utter or circulate, any counterfeit or imitation of such label, trade-mark,
term, design, device, or form of advertisement. Every person w illfully and
knowingly violating any provision of this section shall be fined not less
than $100 nor more than $200 or imprisoned not less than three months nor
more than one year or both.
S e c . 4816. Label to be filed w ith secretary.— Every such person, association,
or union that has adopted or shall adopt a label, trade-mark, term, design,
device, or form of advertisement may file the same for record in the office
of the secretary of the state by leaving two copies, counterparts or fac
similes thereof, with the secretary of the state. Said secretary shall deliver
to such person, association, or union so filing the same a duly attested cer
tificate of the record of the same. Such certificate of record, or a duly cer
tified copy thereof, shall, in all suits and prosecutions under sections 4815,
4819, 4820, and 4821, be sufficient proof of the adoption of such label, trade
mark, term, design, device, or form of advertisement, and of the right of
said person, association, or union to adopt the same. N o label shall be recorded
that would probably be mistaken for a label already of record.
S e c . 4817. Regulation to be made.— The insignia, flag, ribbon, badge, rosette,
seal, button, or emblem of any society, association, labor union, or incor
porated club may be filed and registered in the office of the secretary of
the State, in the manner and subject to the provisions of section 4816 so
fa r as the same are applicable, and the secretary of the State may make
regulations and prescribe forms for such registration.
S e c . 4819. Injunction against wrongful use of label.— Every such person,
association or union adopting a label, trade-mark, term, design, device or
form of advertisement and having duly recorded the same as hereinbefore
provided may enjoin the manufacture, use, display or sale of any counterfeit
or imitation thereof, or the sale of goods bearing any counterfeit or imitation
thereof, either in its identical form or in such near resemblance thereto as is
calculated or liable to deceive; and all courts having jurisdiction thereof
shall grant injunctions to restrain such manufacture, use, display, or sale,
and shall aw ard the complainant in such suit, such damages, resulting from
such wrongful manufacture, use, display, or sale, as may by said court be
deemed ju st and reasonable and shall require the defendants to pay to such
person, association, or union the profits derived from such wrongful manu
facture, use, display, or sale; and such court shall also order that all such
counterfeits or imitations in the possession or under the control of any de
T R A D E -M A R K S O F T R A D E -U N IO N S
113
fendant in such case be delivered to an officer of the court or to the complain
ant to be destroyed.
S e c . 4820. Unauthorized use of label.— Every person who shall use or dis
play the genuine label, trade-mark, term, design, device, or form of advertise
ment of any such person, association, or union, which shall have been duly
recorded as hereinbefore provided, in any manner not authorized by such
person, union, or association, knowing that such use or display is not so
authorized, shall be fined not less than $100 nor more than $200 or imprisoned
not less than three months nor more than one year or both. In all cases
where such association or union is not incorporated suits under sections 4815,
4819, and 4821 and this section may be commenced and prosecuted by any
officer or member of such association or union, in behalf of and for the use
of such association or union.
S e c . 4821. Unauthorized use of name or seal.— Every person who shall in
aiiy w ay use the name or seal of any such person, association, or union, or
officer thereof, in and about the sale of goods or otherwise, not being author
ized so to use the same, and knowing that such use is unauthorized, shall
be fined not less than $100 nor more than $200 or imprisoned not less than
three months nor more than one year or both.
The courts have differed as to the effect o f this class o f legisla
tion, though its constitutionality has been repeatedly sustained
(Cohn v. People (1894), 149 111. 486, 37 N. E. 60; State v. Bishop
(1895), 128 Mo. 373, 31 S. W . 9; Perkins v. Heert (1899), 158 N. Y .
306, 53 N. E. 18). Whether or not the union label can be classed
as a trade-mark rests with the definition given the latter term. In
Connecticut, Indiana, Massachusetts, and New York the language
o f the law defining trade-marks is broad enough to include the union
label. In Minnesota (Cigar Makers v. Conhaim, 40 Minn. 243, 41
N. W . 943) it was said that the union label can not be protected
as it does not indicate any individual manufacturer nor point dis
tinctly to the origin or ownership o f the article to which it is ap
plied. A similar conclusion was reached by the courts o f Pennsyl
vania (M cV ey v. Brendel, 144 Pa. St. 235, 22 A tl. 912) and Massa
chusetts (Weener v. Brayton, 152 Mass. 101, 25 N. E. 46), the court
in the latter case saying that as the mark or label is not itself prop
erty the officers and members o f a union could not have an injunc
tion against its unauthorized use. On the other hand, it has been'
ruled that since the label is a symbol o f the reputation o f the goods
on which it is placed it partakes o f the character o f property and
may therefore receive legislative protection (State v. Bishop, 128
Mo. 373, 31 S. W . 9; People v. Dantuma, 252 111. 561, 96 N. E.,
1087). In general it may be said that the laws are operative and
effective, contentions that they are class legislation or discriminatory
being overruled by the courts.
Laws on this subject 'are found in the following States:
Alabama.— Codes, secs. 4903, 4904, 8990.
Arizona.— R. S., Penal Code, secs. 355-359.
Arkansas.— Digest, secs. 10313-10319.
California.— Pol. Code, secs. 3200, 3201; Penal Code, secs. 349a-351
1911, ch. 181; 1915, ch. 487).
Colorado.—-C. L., secs. 4019-4026.
Connecticut.— G. S., secs. 4815-4821.
Delaware.— R. C., secs. 3476-3483.
Florida.— R. G. S., secs. 4995-4998, 5191-5193.
Georgia.— Code, secs. 1989-1992.
Idaho.— C. S., secs. 2314-2320.
Illinois.— R. S., ch. 140, secs. 1-7.
Indiana.— A. S., secs. 10453-10463.
Iowa.— Acts of 1921, ch. 29.
105446°— 25------8
(am.
114
P A R T I . — D IG E ST S A N D S U M M A R IE S O P L A W S
Kansas.— G. S., sees. 11654-11659.
Kentucky.— Statutes, secs. 4749-4755.
Louisiana.— Acts o f 1898, No.. 49.
Maine.— R. S., ch. 49, sees; 38-44
Maryland.— A. C., art; 27, secs* 50-55.
Massachusetts.— G. L.r ch* 110, secs. 8-15.
Michigan.— G. L., secs. 15454-15459.
Minnesota.— R. L., secs.. 8858-8862.
Missouri.— R. S., secs. 13263-13271.
Montana.— R. C., sees. 11204-11209.
Nebraska.— G. S., secs. 7662-7665..
Nevada.— R. L., secs. 4635-4637, 6691-6694
N e w Hampshire.— Acts of 1895, ch. 42.
N ew Jersey.— C. S., pp. 1802, 5643-5648.
N ew York.— Acts of 1921, ch. 50, secs. 208, 209.
Ohio.— G. C., secs. 6219-6227, 13102, 13153-13155 (am. 1911,. p. 420).
Oklahoma.— R. L., secs. 8211-8217.
Oregon.— Laws, secs. 2013-2016, 6800-6803.
Pennsylvania.— Statutes, secs. 21236-21243.
Rhode Island.— G. L., ch. 223, secs. 1-6.
South Dakota.— Acts of 1919, ch. 348;
Tennessee.— Code, secs. 3608a-193, 3608a-202.
Texas.— R. Civ. S., arts. 705, 706; R. Crirn.
arts. 1395, 1396.
Utah.— O. L., seca 6145-6148, 8472-8475.
Vermont.— G. L., secs. 5961-5965.
Virginia.— A. C., secs. 1455-1463.
Washington.— O. and S., secs.'9492-9500.
W est Virginia.— Code, secs. 3578-3585.
•
Wisconsin.— Statutes, secs. 132.01-13^.03, 132.12, 4463a, 4464.
Wyoming.— O. S., secs. 3439-3444.
UNION LABEL ON PUBLIC PRINTING
A requirement that the union label be borne on public printing is
found in three States. The constitutionality of such a provision is
doubtful, as several decisions of courts are to the effect that city
ordinances of similar tenor are void as interfering with the common
statutory requirement that contracts shall go to the lowest responsible
bidder; also because they lim it employment to a certain class of per
sons, violating common rights and tending to create a monopoly.
(Holden v. City of Alton (1899), 179 111. 318, 53 N. E. 556; Paterson
Chronicle Co. v. Paterson (1901), 66 N. J. L. 129, 48 A tl. 589.)
The States having such laws are:
Maryland.— An. C., art. 78, sec. 9.
Montana.— R. C., sec. 260.
Nevada.— R. L., sec. 4309.
PROTECTION OF EMPLOYEES AS MEMBERS OF LABOR ORGANIZA
TIONS
Laws have been enacted in a number o f States forbidding em
ployers to discharge workmen on account o f their membership in
labor organizations, or to require, as a condition o f employment, that
they shall not be or become members o f such organizations. Such
laws have been declared unconstitutional in 11 States and by the
Supreme Court o f the United States. Though not the earliest de
cision, "the decision o f the Supreme Court is controlling. There
is little variety in the reasons given for the holding o f unconstitutionality. I t is said to be the right o f employers and employees to
continue their mutual relations so long as agreeable to both, but
that either may terminate the contract at will, subject only to such
M E M B E R S O F LABOR O R G ANIZATIO NS
115
conditions as are contained therein, or as are enacted by the State,
applicable to all persons in like conditions. The employer can not
insist that the employee remain against his will, nor can the employee
insist on retaining employment with an unwilling employer. In
the absence o f contract or legal requirement to the contrary, con
tracts may be terminated by either party “ for any reason or no
reason,” and laws singling out one reason for which discharge wilt
not be permitted are discriminatory and an interference with the
rights o f the parties (A d a ir v. United States (1908), 208 U. S. 161,.
28 Sup. Ct. 277).
The foregoing decision related to a Federal statute; the Su
preme Court also passed upon a Kansas law o f similar content, re
versing the State supreme court, which had upheld the State law
•as constitutional (Coppage v. Kansas (1915), 236 U. S. 1, 35 Sup.
Ct. 240), W ith the exception of this decision and those o f the
United States courts holding the California and Nevada statutes
invalid, the decisions as to unconstitutionality o f State laws have
been rendered by the courts o f the States.
In Wisconsin, a statute which provides that “ any two or more
persons * * * who are employers o f labor * * * who
shall coerce or compel agreements as to membership in labor or
ganizations ” as a condition o f securing employment or continuing
therein was in existence at the time o f the declaration o f uncon
stitutionality o f the act o f 1899. So far as is known its validity
has not been challenged, and it continues to appear in the current
compilations o f the laws o f the State. No decision under this pro
vision (sec. 4466b) is at hand, and it is possible that the element
o f combination or conspiracy apparently contemplated by the sec
tion w ill be regarded as a proper subject for legislation. In New
York, however (Con. L., ch. 40, sec. 531), there is a reproduction
o f a law, apparently an enactment o f the legislature o f 1909, which
embodies the identical principles o f section 171a o f the Political
Code declared by the court o f appeals o f the State to be unconsti
tutional in 1906 (People v. Marcus, 185 N. Y . 257, 77 N. E. 1073).
N o decision construing this later law is at hand.
A converse idea is represented by a provision found in the law o f
Utah (C. L., sec. 8329), which makes it unlawful for anj person to
induce another by threats or coercion to join any organization.
The validity ox the laws forbidding discharge, etc., on account o f
membership is necessarily subject to question in view o f the uni
form finding o f unconstitutionally where the question has been
taken to the courts. The jurisdictions having laws o f this class
which have not been thus tested, are:
Connecticut.— G. S., sec. 6359.
Idaho.— C. S., sec. 2321.
Indiana.— A. S., sec. 2683.
Louisiana.— Acts of 1914, No. 294.
Massachusetts.— G. L., ch. 149, sec. 20.
Mississippi.— Acts of 1908, ch. 93 (telegraphers only).
N e w Hampshire.— Acts of 1913, eh. 208.
N e w Jersey.— C. S., p. 3051, secs. 129, 130.
N e w York.— Con. L., ch. 40, sec. 531.
O re g o n . — Laws, sec. 2181.
P o r t o Rico.— Acts of 1917, No. 42.
South Carolina.— Cr. Code, sec. 487.
Wisconsin.— Statutes, sec. 4466b.
116
P A R T I .— D IG E STS A N D S U M M A R IE S OF L A W S
TIME TO VOTE TO BE ALLOWED EMPLOYEES
In line with election-day holidays such as are in force in several
o f the States, are laws guaranteeing the exercise o f civil rights o f
employees. The majority o f these laws provide that the employer
must, upon prior notification, permit employees to leave the estab
lishment, some time between the opening and closing o f the polls,
for the purpose o f voting and that the employee shall not be sub
ject to any penalty because o f the exercise o f the privilege.
A n Illinois statute (R . S. o f 1917, ch. 46, sec. 312), including a
provision that the employee should not be subject to any penalty or
deduction o f wages, was declared unconstitutional in so xar as this
provision is concerned in the case o f People v. Chicago, Milwaukee
and St. Paul R. Co. (1923), 138 N. E. 155. The court held that it
was an unlawful attempt to regulate private contracts, that it was
not a proper exercise o f the police power, and that it was taking prop
erty without the due process o f law. The provision for absence was
declared valid.
The following States have laws on this subject:
Alaska.— Acts of 1915, ch. 25, sec. 40.
Arizona.— R. S., sec. 2969.
Arkansas.— Digest, sec. 8818.
California.— Pol. Code, sec. 1212.
Colorado.— C. L., sec. 7807.
Illinois.— R. S., ch. 46, secs. 312, 458. (Provision that the employee shall not
be subject to penalty Or deduction of wages is unconstitutional.)
Indiana.— A. S., sec. 6926.
Iowa.— Code, sec. 1123.
Kansas.— G. S., sec. 4219.
Kentucky.— Const., sec. 148.
Maryland.— A. C., art. 33, sec. 91.
Massachusetts.— G. L., ch. 149, sec. 178.
Minnesota.— G. S. secs. 472, 622.
Missouri.— R. S., sec. 5026.
Nebraska.— C. S., sec. 2147.
Nevada.— R. L., 1919, p. 2772.
N ew Mexico.— A. S., secs. 2015, 2016.
N ew York.— Acts of 1922, ch. 588, see. 200.
Ohio.— G. C., sec. 12950.
Oklahoma.— R. L., sec. 3137.
South Dakota.— R. C., sec. 7274.
Utah.— C. L., sec. 2352.
W est Virginia.— Code Supp., sec. 74.
Wyoming.— Acts of 1911, ch. 23, sec. 21.
ABSENT VOTERS
A form o f legislation that seems to have originated in a desire to
permit railroad employees to exercise their franchise right at some
point most convenient for them, whether in their home precinct or
not, has received such an extension as to be o f practically general ap
plication. These “ absent voters” laws, as they are commonly called,
have received attention as labor legislation; and although the labor
aspect has in a sense been swallowed up in the more general provi
sions, yet railroad and similar employees may still enjoy the bene
fits.
A majority o f the States have extended legislation to such a point
that practically all absent voters or electors may vote by mail and
ABSENT VOTERS
117
in many instances may even register by mail. States permitting
voting outside their boundaries are:
Alabam a.— Code, sees. 405-412, 677-684.
Arizona.— Acts of 1921, ch. 117.
Delaware.— Acts of 1923, ch. 103..
Georgia.— Acts of 1924, p. 186.
Idaho.— C. S., secs. 609-618 (am. 1923, ch. 57).
Illinois.— R. S., ch. 46, secs. 555-565 (am. 1921, p. 351).
Indiana.— Acts o f 1917, ch. 100 (am. 1919, ch. 156).
Iowa.— Supp. 1915, secs. 1137b-1137o (am. 1917, ch. 419).
Kansas.— Acts of 1919, ch. 189.
Kentucky.— Acts of 1918, ch. 37, secs. 6-15.
M aine— R. S., ch. 7, secs. 133-147 (added 1921, ch. 38).
Massachusetts.— G. L.., ch. 54, secs. 86-103.
Michigan.— Acts of 1917, No. 203, ch. X II.
Minnesota.— Acts of 1917, ch. 68 (am. 1923, ch. 108).
Mississippi.— Acts of 1920, ch. 155 (am. 1922, ch. 256).
Missouri.— R. S., secs. 4751-4756.
Montana.— R. C., secs. 715-735.
Nebraska.— C. S., secs. 2002-2017.
N e v a d a — Acts of 1921, ch. 90 (am. 1923, ch. 117).
N ew Jersey.— Acts of 1920, ch. 349.
N ew York.— Acts of 1920, ch. 875.
North Carolina.— Con. S., secs. 5960-5968.
North Dakota.— Acts of 1913, ch. 155 (am. E xtra Session 1919, ch. 32;
1923, ch. 202).
Ohio.— Acts of 1917, p. 52.
Oregon.— Law s, secs. 4080-4094 (am. 1923, ch. 53).
Pennsylvania.— Acts of 1923, No. 201.
South Carolina.— Acts of 1924, ch. 540. (Prim ary elections only.)
South Dakota.— R. C., secs. 7226-7230.
Tennessee.— Code, secs. 1169a-1169a-20.
Texas.— R. Civ. S., sec. 2939 (am. 1923, ch. 149).
Utah.— Acts of 1919, ch. 42 (am. 1923, ch. 99).
Vermont.— Acts of 1919, ch. 7 (am. 1921, ch. 4 ).
Virginia.— Code, secs. 202-220 (am. 1922, ch. 505, 1924, chs. 420, 425).
Washington.— Acts of 1935, ch. 189 (am. 1923, ch. 58).
W est Virginia.— Acts of 1921, ch. 55.
Wisconsin.— Statutes, secs. 11.54, 11.68.
Wyoming.— Acts of 1923, ch. 101.
Michigan, Missouri, and Oregon specifically indicate that their
laws were enacted with a view to employees o f railroad companies
and similar employees, although the laws in all the States men
tioned in the preceding paragraph cover employees as well as others.
A smaller group o f States permit absentee voting, but lim it it to
voting within the State itself; in these States the laws are more o f
the nature o f labor legislation than in those which extend the law
to other jurisdictions. O f this class are:
Arkansas.— Digest, secs. 3810-3817.
California.— Acts of 1923, ch. 283.
Colorado.— C. L., secs. 7727-7733.
F lo rid a — R. G. S., secs. 36S-373.
Louisiana.— Acts of 1921, No. 61.
N ew Mexico.— Acts of 1917, ch. 89, sec. 14.
Oklahoma.— Acts of E xtra Session, 1916, ch. 25.
In this connection mention may be made o f a law o f Hawaii
(acts o f 1923, No. 263) that permits employees on steamboats to
vote the day before election i f they are compelled to leave their
voting place on that day.
A new phase of the “ absent voters” law, that has developed
very recently, is the provision for physically disabled voters to
118
P A R T I .— D IG E STS A N D S U M M A R IE S O P L A W S
vote by mail in the same manner and under the sarnie regulations as
the absent voter. States whose laws contain this provision are
Idaho, Indiana, Iowa, and Nevada.
The following States and Territories have no laws covering
absentee votin g: Alaska, Connecticut, Georgia, Maryland, New
Hampshire, Rhode Island, and South Carolina.
Practically all States have legislation to enable soldiers and sailors
to vote when absent from their le g a l residence.
PROTECTION OF EMPLOYEES AS MEMBERS OF THE NATIONAL
GUARD
In several jurisdictions all persons are prohibited from w illfu lly
obstructing members o f the National Guard in respect to their trade
or business or depriving them o f employment because o f such mem
bership; and in some jurisdictions also all labor and other organiza
tions, clubs, and societies are prohibited from discriminating against
persons because o f such membership:
Arizona.— R. S., secs. 4020, p. 1349.
California.— P. C., sec. 421.
Illinois.— R. S., ch. 129, sec. 217.
Kansas.— G. S., sec. 6199.
Maine.— Acts of 1917, ch. 259, sec. 130.
Massachusetts.— G. L., ch. 33 (am. 1924, ch. 465), see. 70.
Michigan.— C. L., secs. 971, 972.
Mississippi.— Acts of 1916, ch. 245, sec. 76.
N ew Mexico.— Acts o f 1921, ch. 128, secs. 1, 2.
N ew York.— C. L., ch. 40, secs. 1480, 1481.
Ohio.— G. C., sec. 5265 (am. 1917, p. 382).
Oklahoma.— Acts o f 1913, ch. 164, sec. 41.
South Carolina.— Acts of 1922, No. 501, secs. 47, 48.
Washington.— C. and S., secs. 7234r-7236 (am. 1917, ch. 107).
Wisconsin.— Statutes, sec. 2114.
CONVICT LABOR
The United States and every political division thereof have by
legislative, action adopted regulations and directions as to the em
ployment o f convicts during the term o f their detention. The
question o f such employment and its nature has been the subject o f
extended controversy from an economic standpoint, but there has
been little legal discussion. The State is within its powers in ap
propriating funds fo r the establishment o f manufacturing indus
tries fo r the employment o f convicts, and the constituted agencies
may exercise a proper discretion in determining the employments
to be provided for. (Pollock v. Mabey (U ta h ), 226 Pac. 186.) But
where the contracting o f the labor o f convicts is forbidden, it was
held not to be permissible to allow a manufacturing company to
install machinery in a State prison fo r the use o f the State as a
factory, the products to be for State institutions, and the excess to
be sold to the company, or to others only on its permission. This
was said to be a contracting o f the labor o f the convicts, and void.
(P rice v . Mabey (U ta h ), 218 Pac. 724.)
Laws have been enacted in a number o f States to prevent or
m inify competition between the products o f prison labor with those
o f free labor. These require either that prison-made goods- be so
marked before being offered for sale, or that dealers in convict-made
C O NVIG T LABO B
119
goods prooure and conspicuously post a license therefor, or both
requirements may exist. Where goods so made enter interstate
commerce, such requirements are a limitation in a field belonging
exclusively to Congress, and are void. (People v. Hawkins, 157
N. Y . 1, 51 N. E. 257; Arnold v.. Yanders, 56 Ohio St. 417, 47 N. E.
50; In re Opinion o f Justices, 211 Mass. 605, 98 N. E. 334.) Further
more, the requirement as to dealers’ licenses is one based on the
origin o f the goods and not on their nature or quality, and is not
a proper classification. (People v. Raynes, 198 N. Y . 539, 622, 92
N. E. 1097.)
Six systems o f employment are generally recognized, as follows:
The lease system.— Under this system the contractors assume practically the
entire control of the convicts, including their maintenance and discipUne, sub
ject, however, to the regulations fixed by statute. In general, the prisoners are
removed from the prisons and are employed in outdoor labor, such as mining,
agriculture, railroad construction, etc., though manufacturing is sometimes
carried on. The nature and duration of the employment are, within the re
strictions of the law, fixed by the lease.
The contract system.— The employment under this system is usually within
the prison shops or yards, discipline and control remaining in the hands of the
officers, only the labor of the convicts being let to and directed by the con
tractors for manufacturing purposes. The State usually furnishes shop room,
and sometimes also provides power and machinery.
The piece-price system.— Not only the discipline of the convicts, but the di
rection of their labor as well, is retained by the State under this system, the
contractors furnishing the material to be made up and receiving the finished
product, an agreed price per piece being paid for the labor bestowed.
The public-account system.— There is no intervention of outside parties under
this system, the employment of the convicts being in all respects directed by
the State, and the products of their labor being sold for its benefit.
The State-use system.— This system is similar to the above, except that such
articles are produced as will be of service to the State in supplying and main
taining its various institutions, and are appropriated to such use instead of
being put on the general market..
The public-works-and-ways system.— Under this system convicts are em
ployed in the construction and repair of public buildings, streefis, highways,
and other public works.
In the following pages the system in use and the kinds o f work
provided fo r are given, together with a summary o f such regula
tions as affect the industrial aspects o f the employment o f convicts.
The term “ county convicts ” is used with reference to those sen
tenced to terms in a county jail or workhouse, and “ State convicts n
to those serving terms in a State institution, or placed by the State
in the care o f the counties for detention.1 The separate employ
ment o f females is generally provided for, and particularly as re
gards labor on highways, etc.
ALABAM A
Systems of employment.— State u s e ; public account; pubtlc works and w a y s ;
leasing (unlaw fu l for State convicts after March 31, 1927).
Kinds of work.— In coal mines of the State or of lessees; on public roads
and bridges; in quarries, gravel pits, and plants for production of road ma
terial; and on convict farms. No woman may be employed on public roads,
but may prepare meals for convict crews.
Sources: Code of 1923, sections 1337, 1359-1374, 3589, 3592, 3611, 3624-3627,
3637, 3648, 3650, 3662, 3675-3690, 370^-3710; Acts of 1923, No. 595.
1 For a fuller presentation of the laws see Bui. No. 372 of the U. S. Bureau of Labor
Statistics.
120
P A R T I .— D IG E STS A N D S U M M A R IE S OF L A W S
ALASK A
System of employment.— The public-works-and-ways system is apparently
the only system authorized.
Source: 0. L. 1918, sec. 2082.
A R IZ O N A
Systems of employment.— Public works and ways. Other forms of em
ployment are apparently authorized, but on what system is not indicated.
Kinds of work.— On public roads, highways and bridges, streets and ave
nues; and on work provided fo r county convicts inside or outside of any
jail.
Sources: Civil Code of 1913, sec. 5141; Penal Code, secs. 1448, 1482, 1483.
ARKANSAS
Systems of employment.— Public works and w ay s; public account; State
use. Leasing of State convicts is forbidden, but apparently not of county
convicts.
Kinds of work.— On public roads; in preparing road materials; crushing lime
stone for sale to farm ers; on convict fa rm s ; in manufacture of cotton goods,
furniture, brick, and twine as the penitentiary board may provide, appar
ently fo r sale in the open market. County convicts may be hired out.
Sources: Digest of 1921, secs. 2046, 2048, 2060, 2061, 2081, 5213-5217, 5362,
5395, 9658, 9693-9695; Acts of 1923, Nos. 128, 328, 759.
C A L IF O R N IA
Systems of employment.— State u se; public account; public works and
ways.
The letting of convict labor by contract is forbidden by the constitution.
Kinds of work.— In manufacture of articles for the State and its munici
palities; on roads and highways; in preparation of road m aterials; in manu
facture of hemp and jute products and other articles, manufacture of which
is permitted by l a w ; and work on industrial farms. Women at San Quentin
may make and sell needlework.
Regulations.— Only articles designated by law may be offered for sale.
Articles of apparel offered for sale within the State must be marked so as to
show in what institution they were manufactured; dealers must post notices
stating the fact.
Sources: Const, Art. X , sec. 6 ; Penal Code, secs. 679a, 1586 (a s amended
1923, ch. 158), 1613; pp. 710, 716, 719; Acts of 1911, ch. 570; Acts of 1915,
ch. 13; Acts of 1917, ch. 164; Acts of 1919, ch. 316; Acts o f 1921, ch. 843.
C O LO R A D O
Systems of employment.— State use; public works and w ay s; and, appar
ently, public account. Leasing is forbidden.
Kinds of work.— On highways; in quarries; in manufacture of clothing,
shoes, etc., for inmates o f public institutions, and furniture, supplies, etc.,
fo r such institutions; and in propagation of fish. County convicts may be
employed on highways, but not on bridges where skilled labor is required.
Regulations.— Goods made fo r other institutions are to be furnished at
prices corresponding to the market value. Products shall be those that least
conflict with free labor. Dealers in convict-made goods must be licensed,
and the goods marked.
Sources: C. L. 1921, secs. 766, 768, 780-796, 3745-3755, 7138-7140, 8878-8886;
Acts of 1923, ch. 88.
C O N N E C T IC U T
Systems of employment.— Contract; public works and w ay s; and, appar
ently, public account.
Kmds of work.— In such manufacturing as board of prison directors may
p rovide; on highways, bridges, public property, etc.; county convicts in workhouses; work on tobacco or any article which comes in contact with the
mouth of a human being is forbidden, unless provided for by regulations of
the State department of health.
Sources: G. S. 1918, secs. 1932, 1935, 1936, 1969; Acts of 1919, ch. 341.
C O N V IC T LABOR
121
DELAW ARE
Systems of employment.— Public works and w ays; leasing; State use.
Kinds of work.— On roads and highways; on farm s; “ suitable employ
ment^’ in workhouses.
Sources: R. O. 1915, secs. 3605, 3606, 3608a-3608k (a ll added 1917, ch.
241), 3613, 3613a (added 1921, ch. 202), 3615a (added 1923, ch. 222), 4811.
D IS T R IC T O F C O L U M B IA
Systems of employment.— The public account system is used, but products
are sold only to contractors on public works of the District; State use.
Kinds of work.— Employment is at such labor and under such regulations
as prescribed by the Supreme Court of the District; farming and the manu
facture of brick and of brooms are provided fo r; also work pertaining to the
maintenance of the institutions in which prisoners are confined.
Source: Code, sec. 1192.
F L O R ID A
Systems of employment.— Public works and w a y s ; State use. Leasing
is forbidden, all contracts null and void on December 31, 1923.
Kinds of work.— On farm s; on public roads, bridges, and other public
works.
Sources: G. S. 1920, secs. 6113, 6217, 6218 (tw o latter amended 1923, ch.
9203), 6225, 6226, 6248, 6290, 6294; Acts of 1919, ch. 7833 (a s amended 1923,
ch. 9126) ; Acts of 1923, ch. 9203.
G E O R G IA
Systems of employment.— Public works and w ay s; State use; public ac
count.
Leasing county convicts is forbidden.
Kinds of work.— On farms, public roads, bridges, and other public w orks;
in industrial enterprises deemed advisable by the prison commission; ih
manufacture of implements * and other articles needed on the State farm,
shoes and clothing for the use of inmates of other State institutions, etc.,
but no article so manufactured may be offered for sale to the public ; sur
plus products of the penitentiary are authorized to be sold.
Sources: Pol. Code, 1911, secs. 429, 697; Penal Code, secs. 1065, 1201-1218,
1280, 1282; Acts of 1924, p. 119.
H A W A II
Systems of employment.— Public works and w a y s ; State u s e ; and, apparently,
public account.
Kinds of work.— Sanitation; on public w ork s; all employment to be fo r
the Territory or a political or other subdivision thereof. Female prisoners
are to be employed in making mats, sewing, laundry work, and “ such other
suitable occupations as the high sheriff shall direct.”
Sources: R. L. 1915, secs. 934, 1463-1467, 2220.
ID A H O
Systems of employment.— Public works and w ays; leasing; public account.
Kinds of work.— On highways; in manufactures as provided, no article to
be produced which is extensively manufactured in the State of Idaho.
Source: C. S., secs. 1572, 9356, 9392 (a s amended 1923, ch. 35), 9431.
IL L IN O IS
Systems of employment.— Public account, in limited measure; State use;
public works and ways. Leasing and the contract system are forbidden.
Kinds of work.— In manufacture of supplies for State and public institu
tions, schools, and road districts; in production of crushed rock and road
m aterial; in manufacture of articles and supplies needed and used in State
and other public institutions; on highways and the improvement of river
channels; county convicts in workhouses.
122
P A R T I . — D IG E STS A N D S U M M A R IE S OP L A W S
Regulations.— Goods manfactured fo r sale are not to enter into conflict with
the established industries of the State in excess o f the production of 40 per
cent of the prisoners in penal and reformatory institutions. Convicts are to
be divided into three classes, the first to be employed chiefly in occupations
that w ill give them industrial training and instruction, the second in the pro
duction. o f useful articles and supplies, the third in such occupations as w ill
secure needed exercise and the preservation o f health, or articles for State
use. Crushed rock to be furnished free to the State highway department o *
sold at cost to cities, counties, and villages fo r highway use, or else to railroads
at an agreed price in exchange fo r transportation service.
Sources: Constitution, separate sec. adopted 1886; R. S. 1917, eh, 34, sec.
25; ch. 38, sec. 168a; ch. 108, secs. 76-90, 103-106.
IN D IA N A
Systems of employment,— Public works and w a y s ; public account; State use.
Contract system prohibited.
Kinds of work.— On farm s; on public highways; in manufacture of binder
twine and cordage and the production of articles needed by the State, its in
stitutions, and political divisions, including brick, paving, and road m aterials;
in the care and development of State parks and other public reservations;
county convicts in workhouses.
Regulations.— Dealers in convict-made goods must have a license and goods
must be marked “ convict made.” No printing machinery or material may be
purchased, except that a trade school may be established in the reformatory,
in which books or blanks may be printed for the use of the reformatory only.
*
Sources: A. S. 1914, secs. 8262-8272, 9846 (a s amended 1917, ch. 152),
9847-9854, 9918-9926k, 10029; Acts of 1917, ch. 83; Acts of 1919, ch. 53; sec.
30; ch. 60, sec. 18.
IO W A
Systems of employment.— Public account; State u s e ; public works and ways.
Leasing is forbidden.
Kinds of work.— In employments conducive to*the teaching of useful trades
and callings; on highways or public w orks; in preparation of stone for road
m aterial and other uses; in operation of q uarries; on or about public buildings
or grounds.
Sources: Code, 1907 Supp. 1913, 1915, secs. 5652-5654, 5707, 5708, 5718-all,
5718-a28a.
KANSAS
Systems of employment.— Contract, but no w ork for private citizens may be
done outside the penitentiary grounds; State use; public works and w ay s;
public account.
Kinds of work.— Mining co a l; in manufacture o f tw in e ; on highways, streets,
and alleys; in preparation of stone for road material, but not on bridges or
like structures which require the employment of skilled labo r; county convicts
may be employed on public roads, streets, poor farm, or any public work.
Sources: G. S. 1915, secs. 8286-8289, 10003, 10007-10026, 10029-10035, 10066;
Acts of 1920, ch. 65; Acts of 1923, ch. 45.
KENTUCKY
Systems of employment.— Contract; public works and w a y s ; State u s e ;
county convicts may be leased.
Kinds of work.— On public w o rk s ; on h ighw ays; in preparation of road and
bridge m aterial; in quarries; on capitol grounds and farm s; county convicts,
in workhouses.
Regulations.— A ll convict-made goods brought into Kentucky from any other
State fo r sale must be plainly marked “ convict made.”
Sources: Const., secs. 253, 254; Stats. 1915, secs. 524-526a, 1377, 1379, 3811,
4867, 4869-4871; Acts of 1920, ch. 159; Acts of 1922, ch. 34.
L O U IS IA N A
Systems of employment.— State u s e ; public works and w a y s ; public account.
Leasing or hiring of State convicts is prohibited, but county convicts may be
leased.
C O N V IC T LABO R
123
Kinds of work.— On highways, streets, and levees; on fhrms? in manu
factories established by the State* and workhouses fo r county convicts. Pro
duction of brooms is mentioned, and the erection and equipment of a sugar
refinery authorized.
Regulations.— Brooms made in the State penitentiary by convicts must be
plainly stamped “ convict made ” if offered for sale in the State of Louisiana.
Sources:: Const, arts. 196, 292; R . L. 1897,. p. 249; Acts of 1894, No. 132;
p. 668, Acts of 1879, No. 38; Acts of 1898, No. 136; Acts o f 1900, No. 70; Acts
of 1908, No. 204; Acts of 1910, No. 34; Acts o f 1918, No. 235.
M A IN E
Systems of employment.— Contract; public account; State u s e ; public works
and ways.
Kinds of tvork.— In preparation of road m aterial; on highways; in workhouses ; in manufactories as established.
Regulations.— Not more than 20 per cent of the male convicts in the prison
^ shall be employed in the manufacture of any one kind of goods, and as fa r
as practicable competition in the manufacture of articles made elsewhere in
the State must be avoided. Products are to be distinctly labeled “ Manu
factured at the Maine State Prison.”
Sources: R. S. 1916, ch. 83, secs. 12-14; ch. 130, sec. 32; ch. 142, secs. 34, 35.
M ARYLAND
Systems of employment.— State use; public works and w ay s; apparently,
public account.
Kinds of work.— On farm s; on highways, streets, and bridges; in the prep
aration of road m aterial; at such employments (presumably manufacturing)
as w ill give employment to supersede the former system of contract labor.
Sources: A. C., art. 27, sec. 522; secs. 629a-629j (a ll as amended 1917,
ch. 15) ; sec. 630 (a s amended 1918, ch. 354) ; Acts of 1917, extra sess., ch. 4.
M ASSACHUSETTS
Systems of employment.— State use; public account; piece-price; public
works and ways.
The contract system is forbidden.
Kinds of work.— On fa rm s ; on highw ays; on public lands and buildings; in
clearing waste lands; in forestry; in manufacture of furniture and other
articles for State offices and institutions; in production of manufactured
articles, such as brushes, chairs, clothing, mats, harnesses, shoes, shoe heels,
trunks, um brellas; stonecutting; and laundry work.
Regulations.— The number of convicts who may be employed in manufac
turing the various specified articles is fixed by statute. Goods may not be
sold at less than the current wholesale market price.
Sources: G. L., ch. 126, secs. 35-37; ch. 127, secs. 50-85.
M IC H IG A N
Systems of employment.— State u s e ; public works and w a y s ; public account.
Kinds of tvork.— On farm s; on highways; in manufacture of articles for
State institutions, of twine and cordage, of brick and tile, and o f goods, wares
and merchandise as provided for.
Regulations.— Binder twine and cordage must be sold at a price fixed by
the warden and board of control as may be found for the best interest of the
State. No mechanical trades are to be taught except the manufacture of
articles chiefly produced outside the State. Convicts may not be employed
on the building o f bridges or other structures which require the employment
of skilled labor.
Sources: Const., art. 18, sec. 3; C. L., secs. 1700, 1708, 1730, 1733, 1781,
1786, 1798-1815, 2531; Acts of 1917, Nos. 57, 78.
M IN N E S O T A
Systems of employment.— Public account; State use; public works an&
w a y s ; piece price. Contract system and leasing are forbidden.
Kinds of tvork.— In manufacture of binder twine, agricultural machinery;
in preparing road m aterial; on highways, streets, public places, and grounds;
and on farms.
124
P A R T I .---- D IG E STS A N D S U M M A R IE S OF L A W S
- Regulations,-—The number of prisoners employed in a single industry may
not exceed 10 per cent of the. total number of persons employed in such indus
try in the State unless a greater number is needed to produce machinery or
articles for State use. Binder twine and agricultural machinery and other
manufactured products may be sold through agencies at a price to cover costs
of production plus a fixed precentage.
Sources: G. S., secs. 9311-9816, 9328-9330, 9340, 9374, 9377; Acts of 1915,
ch. 212.
M IS S IS S IP P I
Systems of employment.— Public works and w a y s ; State u s e ; public account.
Leasing or hiring o f convicts is forbidden.
Kinds of work.— On public roads; on highways and levees; on farm s; in
manufacture of agricultural implements, shoes, harness; in operation of saw
mills, gristm ills; in manufacture of clothing, brick, and tile; in grinding
limestone for agricultural use; in production of foodstuffs; in care of public
buildings and grounds.
Regulations.— Products are to be sold as the trustees may deem most advan
tageous to the State.
Sources: Const., secs. 85, 223-226; Code, secs. 3606-3610, 3621, 3622; Acts
o f 1908, ch. 109; Acts of 1910, chs. 167, 371; Acts o f 1912, ch. 146; Acts of
1914, chs. 132, 205; Acts of 1916, chs. 575, 576.
M IS S O U R I
Systems of employment.— State use; public account; public works and
ways.
Leasing and contracting forbidden.
Kinds of work.— A w ide range of manufactured products is suggested, in
cluding road material, binder twine, lime for agricultural and other purposes,
furniture, clothing, farm implements, fertilizer, brick, etc.; on farm s and
highw ays; in quarries, gravel pits; on streets and alleys; and on public
grounds.
Regulations.— The prices of products are fixed by the prison board, those
offered in the open market to be sold at the market price. The State retains
a contingent interest in twine sold to secure its disposition according to the
provisions of the law.
Sources: R. S., secs. 3704, 3705, 8648, 12415-12420, 12473, 12482, 12526,
12532.
M ONTANA
Systems of employment.— Public works and w ay s; State use or public
account, either or both. The contract system is forbidden.
Kinds of work.— In improvement of public grounds or buildings, or public
works or w ays of counties, and such mechanical pursuits as the prison board
may decide upon.
Regulations.— Convict-made goods offered for sale must be plainly marked
“Prison made.”
Sources: Const., art. 18, sec. 2 ; R. C., secs. 11572, 11573, 12446, 12447, 12484.
NEBRASKA
Systems of employment.— State u s e ; public works and w a y s ; public account.
Contracts may be made for the labor of county convicts.
Kinds of work.— On roads and other public w orks; in manufacture of
twine; of supplies for State institutions; on farm s; in workhouses fo r
county convicts; and in such industrial enterprises as the board of control may
deem advisable, “ having in mind a minimum of competition with free labor.”
Regulations.— Products shall be sold at not less than a fa ir market price.
Sources: C. S., secs. 986, 992-997, 2996, 3016, 3017, 6973-6976, 6983, 7016,
7029, 7057, 10209, 10210.
NEVADA
Systems of employment.— Public works and w a y s ; State u s e ; public ac
count; contract.
Kinds of work.— On public highways, farms, public works, buildings, or
grounds; in such mechanical pursuits as the board of prison commissioners
may determine. Prisoners of good record may be given permission to manu
facture goods on their account to be sold for them by the State; compe
tition with free labor to be avoided.
C O N V IC T LABOR
125
Regulations.— Sales of surplus products are to be at reasonable market value.
Sources: R. L., secs. 6623, 7569 (a s amended 1921, ch. 226), 7570, 7598,
7609, 7619; Acts of 1913, chs. 115, 187.
N E W H A M P S H IR E
Systems of employment.— Contract; public account; State use; public works
and ways.
Kinds of work.— On articles for the use of the public institutions within
the State; on highways; in preparation of road m aterial; in forestry.
Sources: P. S., ch. 282, sec. 14; ch. 285, secs. 5, 7 (both as amended 1917,
, ch. 45) ; Acts of 1917, ch. 119; Acts of 1921, ch. 135.
NEW
JERSEY
Systems of employment.— State use; public account; public works and
ways.
The contract system is forbidden.
Kinds of ivork.— In manufacture of articles for State institutions, depart
ments, and agencies; in such manufactures as the State board provides; on
highways; on farm s; county convicts, in workhouses.
Regulations.— Surplus products are to be sold so as not to compete un
fairly with the product of free labor. A ll perishable articles must be marked.
Sources: Acts of 1915, ch. 119; Acts of 1917, chs. 157, 271; Acts of 1918, ch.
147.
N E W M E X IC O
Systems of employment.— Public works and w ay s; public account; State
use, to a limited extent. Leasing is prohibited.
Kinds of work.— On highways, streets, and alleys; in such manufacturing
as the board provides; in production of electricity to be furnished certain
public institutions.
Sources: Const., art. 20, secs. 15, 18; Stats., secs. 2641, 2708, 3052, 5041,
5050, 5051, 5069 (a s amended 1921, ch. 58).
N E W YORK
Systems of employment.— State use; public works and ways.
The contract
system is prohibited.
Kinds of work.— In production of supplies for State institutions, public
buildings and offices; on farm s; at quarrying and stone crushing; on high
w ay s; in forestry; building sea w alls to protect public property; on public
buildings and grounds; county convicts, in workhouses.
Regulations.— Convict-made goods may not be sold within the State without
being marked “ Convict-made.” Convicts are required to be classified; those
in class 1 are to be given such training and instruction as w ill fit them for
employment after discharge as a primary aim, but otherwise their labor shall
be so directed as to produce the greatest amount of useful products and
supplies for the State and its institutions. The labor of those in class 2 is
prim arily for the production of articles and supplies required; while in class
3 the preservation of health is a prime consideration, but manufactures of
the above classes are to be kept in view.
No printing or photo-engraving may be done in any printing establishment
except such printing as may be required by the penal and charitable institu
tions of the State, etc., official reports, and the printing required fo r official use.
Sources: Const., sec. 53; C. L. ch. 11, sec. 93; ch. 31, secs. 193-195; ch. 43,
secs. 75 (as amended 1917, ch. 391), 170-178,; 179 (a s amended 1919, ch. 420),
181, secs. 182, 184 (both as amended 1924, ch. 601) ; ch. 65, sec. 50 (a s amended
3914, ch. 451), 184-a (added 1915, ch. 457) ; Acts of 1901, ch. 466, secs. 700, 701.
N O R T H C A R O L IN A
Systems of employment.— Public works and w ay s; contract; State use;
public account.
Kinds of work.— On public works, streets and highways; on farm s; county
convicts, in workhouses.
Sources: Const., art. 11, sec. 1; C. S., secs. 1297, 1356, 1359, 3591, 3678, 38123816, 4409, 7707, 7712, 7758-7763.
126
P A R T I.— D IG E STS AND- S U M M A R IE S OP L A W S
NORTH DAKOTA
Systems of employment.— Public account; public works and w a y s; State
use.
The contract system is prohibited.
Kinds of work.— In manufacture of twine and cordage and brick; in in
dustries established at the penitentiary; on highways.
Regulations.:— The price of twine is regulated by the board of trustees and
may be sold only fo r use in the State up to M ay 1. Rope may be sold outside
the State at any time.
Sources: R. C., secs. 10376, 10381 (a s amended 1911, ch. 203), 10390 (a s
amended 1913, ch. 190), 10394, 10442; Acts of 1909; elu 228 ; Acts of 1913,
ch. 217 (a s amended 1915, ch. 191).
O H IO
Systems of employment.— State use; public works and w ay s; apparently
p ubl’c account.
Leasing, contract, and piece-price systems are forbidden.
Kinds of work.— In preparation o f road m aterial; in manufacture of brick,
tile, and pipe, and articles for the use of the State, its institutions, and politi
cal divisions; in production o f electric current for State institutions; on streets
and highways, county convicts, in workhouses.
Regulations.— Goods offered for sale within the State must be conspicuously
marked “ Prison made.,, The number of prisoners employed in the manufac
ture of any one kind of goods may not exceed. 10 per cent of the number of
free laborers employed in the same industry; this provision does not apply to
industries in which not more than 50 free laborers are employed.
Sources: Const., A rt II, sec. 41; G. C., sec. 1224-1 (added 1917, p. 134),
sec. 2183 (a s amended 1915, p. 65), sees. 2227-1-2227-4 (a ll added 1913, p. 725),
2228, 2230, 2230-1 (added 1911, p. 418), 2231-2235, 2135-1 (added 1911, p. 106),
2243, 2244, 6213-0217, 7496-7505, 7513 (a ll as amended 1915, p. 574).
OKLAHOM A
Systems of employment.— State use; public works and w ay s; public account.
The contract system is forbidden.
Kinds of work.— In mining coal; in fabricating structural steel fo r bridges,
public buildings, etc.; on highw ays; in manufacture of binder twine, cordage,
cotton, or jute b aggin g; on fa rm in g ; in such manufacturing as the State board
may provide for.
Regulations.— Convict-made goods offered fo r sale in the State must be so
conspicuously labeled.
Sources : Const., art. 23, sec. 2; C. L., secs. 4596, 4608, 8218, 8219; Acts of
1913, chs. 112, 215; Acts o f 1915, ch. 57; Acts of 1§16, ex. sess., chs. 29, 40;
Acts of 1917, ch. 234.
OREGON
Systems of employment.— Public works and w a y s ; public account. The con
tract system is forbidden.
Kinds of work.— On publie highways; on or about any State institution; in
manufacture of such products as may be provided fo r (flax industry and wood
working are mentioned).
Regulations.— Convict-made goods offered fo r sale in the State must be con
spicuously marked or labeled.
Sources: Law s. secs. 2909-2915, 3542-3544, 4435; Acts of 1921, ch. 224; Acts
of 1923, ch. 232.
P E N N S Y L V A N IA
Systems of employment.— Public works and w ay s; State use; apparently
public account.
Kinds of work.— On roads, streets, and highways, not including bridges or
structures of like character requiring the employment of skilled labor; in
production of road material, brick, tile, and pipe, and supplies for public in
stitutions and other institutions, educational or charitable, receiving aid from
the Commonwealth; forestry; cm farm s; in workhouses.
Regulations.—^Convict-made goods must be marked or labeled before being
offered for sale. Road material, brick, tile, and concrete not needed for the
institution at which made is to be offered for sale at a price fixed by the board
of trustees, preference being given to the public authorities of the area in which
the institution is located.
Sources: Stats., secs. 7535, 7541, 7542, 12703, 12712, 12722, 12724, 1273012734; Acts of 1923, No. 172, No. 274v sec. 2012.
C O N V IC T LABOR
m
P H I L I P P I N E IS L A N D S
Systems of employment.— Public works and w ay s; presumably public ac
count.
Kinds of work.— On highways and other public w o rk s ; the manufacture and
sale of carts and cart wheels and axles is mentioned.
Sources: Acts of U. S. Philippine Com. Nos. 413, 1361, 1407, 1703, 3711
(see. 2239).
PO R T O R IC O
Systems of employment.— Public works and ways.
Kinds of work.— On public roads and other public works.
Sources: R. S. & C., secs. 2292-2296, 6358, 6359.
’ R H O D E IS L A N D
Systems of employment.— Public works and w ay s; contract.
Kinds of work.— On farms and highways.
Sources: G. L,, ch. 411, sec. 14; ch. 413, Art. I, secs. 3, 18; Art. V, sec. 32.
S O U T H C A R O L IN A
Systems of employment.— Public works and w ay s; leasing; contract.
Kinds of work.— On public highways and sanitary drainage; on farm s; in
quarries for procuring road m aterial; on streets and other public works, in
cluding bridges, ferries, and public buildings.
Regulations.— No leasing or hiring may be made of convicts to work in phos
phate mines.
Sources: Const., art. 12, sec 6; Civil Code, secs. 956-972, 2276, 3057; Crim.
Code, sec. 104 (as amended 1914, No. 291), 943, 944, 966-972, 981, 982, 985;
Acts of 1914, No. 366.
SOUTH D AK O TA
Systems of employment.— Public works and w a y s ; public account.
Kinds of work.— On highways, streets, and public buildings and grounds; on
farm s; on quarrying stone; in manufacture of binder twine and cordage.
Regulations.— Sales of twine and cordage are made at fixed prices and up to
M ay 1 only to farmers or actual consumers resident in the State.
Sources: R. C., secs. 5378-5383, 5454 (a s amended 1920, second extra sess.,
ch. 90), 10221; Acts of 1919, ch. 333, sec. 58 (a s amended 1920, second extra
sess., ch. 89).
TENNESSEE
Systems of employment.— Public works and w a y s ; public account; contract;
apparently, State use.
Kinds of work.— On public roads and highw ays; on fa rm s ; in mining co al;
in burning coke; in manufacture o f such articles as the board, o f control ap
proves, having in view a minimum o f competition with free labor, either under
the direction of the board or on contract; in cutting of tim ber; in maufacture
of automobile number plates; county convicts,, in workhouses.
Sources: Code, secs. 1628a-8, 2577a-60, 7405, 7516a-l-7516a-ll; Acts of 1919,
chs. 40, 53, 60, 64; Acts of 1923, ch. 94.
TEXAS
Systems of employment.— Public works and w a y s ; public account. The con
tract system is forbidden.
Kinds of work.— On public roads,, streets, and bridges; on fa rm s ; in factories
such as the prison commission may establish; county convicts, in workhouses.
Sources: Const., Art. X V I, sec. 24; R. C. S., arts. 836, 6174 (a s amended
1917, first extra sess., ch. 32), 6183-6187, 6232, 6238, 6281, 6967.
UTAH
Systems of employment.— Public works and w ay s; public account; State
use.
The contract system is forbidden.
128
P A R T I .— D IG E ST S A N D S U M M A R IE S OF L A W S
Kinds of work .— On highways, bridges and culverts, public buildings and
grounds; in industries established by the prison board, conflict with local
industries to be avoided; on irrigation works.
Sources: Const. Art. X V I, sec. 3; C. L., secs. 1400, 1400-15, 5455, 5472, 54755477, 5508, 5514.
VERMONT
Systems of employment,— Contract; public account; public works and ways.
Kinds of work.— On fa rm s ; on public h ighw ays; in such industries as may be
provided.
Sources: G. L., secs. 7136-7138, 7165, 7168, 7258, 7259.
V IR G I N I A
Systems of employment,— Public works and w ay s; public account; State
use.
Kinds of work,— On roads and highways; in quarries and gravel pits; in
preparation of road m aterial; in grinding of limestone, oyster shells or m a r l;
in manufacture of articles required by the State department.
Regulations,— Surplus of manufactured articles not required by the State
may be sold as may be deemed for the best interest of the State; ground lime
stone, oyster shells, and marls are to be disposed of at a price to cover cost
of production, w ear and tear, upkeep, etc.
Sources: Code, secs. 1267, 1268, 1971, 2073 (a s amended 1924, ch. 88), 2075.
3061, 4993, 5014; Acts of 1918, ch. 9 (a s amended 1924, ch. 43).
W A S H IN G T O N
Systems of employment— State use; public account; public works and ways.
The contract system is forbidden.
Kinds of work,— On public roads and public w o rk s ; in quarries and rock
crushing plants; in manufacture of articles for the State, jute fabrics, and
brick; in workhouses, fo r county convicts.
Regulations,— Jute grain sacks and other products are to be sold only to
consumers in the State until June 1. The output o f factories, rock-crushers,
e tc, not needed by the State is to be sold at not less than the cost of production,
prior right of purchase being given citizens of the State.
Sources: Const., Art. II, sec. 29; C. and S., secs. 3895,3896, secs. 5910-5912 (a ll
as amended 1911, ch. 114), 8494, 8519, 8570-8575, 8586; Acts of 1911, ch. 132
(amended 1913, ch. 38; 1917, ch. 56) ; Acts of 1913, chs. 114, 132 (a s amended
1917, ch.121) ; Acts of 1917, ch. 103, sec. 3.
W E S T V IR G IN IA
Systems of employment,— Contract; State use; public works and w a y s ;
piece price.
Kinds of work.— In manufacture of articles for use in State institutions;
on streets and highways; in stone quarries, gravel pits, sand banks, crushers,
brick kilns. The board may designate what articles or classes of articles shaW
be manufactured by contractors for the labor o f convicts.
Sources: Code, secs. 1508, 5670, 5671, 5686, 5687; Acts of 1921, ch. 112, secs.
34, 35, 44, 48.
W IS C O N S IN
Systems of employment,— State u s e ; public account; public works and w a y s ;
contract.
Kinds of work,— In manufacture o f articles fo r State and municipalities;
in workhouses; on farm s; on roads and highways; in quarries; in procuring
road-building material and limestone fo r agricultural use; in manufacture of
binder twine and cordage.
Regulations.— Goods made outside the State and brought into it fo r sale
must be plainly marked “ Convict made.” Binder- twine and cordage are to be
sold at prices fixed by the authorities, citizens to have preference in purchase.
Articles not required fo r State use are to be sold in the open market at as
near the market price as possible.
Sources: Stats., secs. 33.04, 56.01-56.19, 59.19, 132.13.
C O N V IC T LABOR
129
W Y O M IN G
Systems of employment.— State u s e ; public account; public works and ways.
Kinds of work.— In production of articles fo r use of State institutions; on
highways, streets, alleys, and parks.
Regulations.— Goods not required by the State or its subdivisions may be
sold at open market or disposed of as shall be deemed advisable, but no
building material shall be sold in competition with established local industry.
Sources: C. S., secs. 6398, 6399, 6401; Acts of 1911, ch. 61 (sec. 4 amended
1917, ch. 109).
U N IT E D S T A T E S
Systems of employment.— State use. The contract system is forbidden.
Kinds of work.— In manufacture of cotton fabrics, cotton duck, and canvas
for the W a r and N avy Departments, mail service, etc., of shoes, brooms, and
brushes to supply the requirements o f the various departments of the United
States Government; on farms.
Regulations.— The importation of convict-made goods is forbidden. Products
of the factories and farm s are to be sold at current market prices only to the
Government of the United States for the use o f its various services.
Sources: C. S., secs. 5304,10524,10563a-10563c; Acts of 1924, ch. 17.
105446°— 25----- 9
TEXT AND ABRIDGMENT OF LABOR LAWS
131
TEXT AND ABRIDGMENT OF LABOR L A W S 1
ALABAMA
C O D E O F 1923
Child welfare department
.
S e c t i o n 1 0 3 . Department established — [ A c h i l d w e l f a r e d e p a r t m e n t i s c r e a t e d
w it h t h e p o w e r s a n d f u n c t io n s p r e s c r ib e d .]
S e c . 1 0 4 . Powers, etc.— [ A m o n g t h e p o w e r s a n d d u t i e s o f t h e c o m m i s s i o n a r e
th o s e o f e n fo r c in g la w s a s to t h e e m p lo y m e n t o f c h ild r e n , w it h f u ll p o w e r o f
v is it a t io n a n d in s p e c tio n .]
S e c s . 105-108. Organization.— [The commission consists of the governor, super
intendent of education, the State health officer, ex officio, and six persons ap
pointed fo r terms of six years each, two to expire every two years. No mem
ber receives compensation for services, but is reimbursed fo r traveling and
other expenses. They may elect a director and other employees, and fix their
compensation, establish rules, and do such other acts as are necessary to carry
out the purposes of the act.]
S e c . 109. Director.— [The director is chosen fo r a term of six years and
receives a salary of $3,000 per annum. H e has fu ll control and direction of
the work and operations of the department.]
S e c . 116. Appropriation .— [T he sum of $50,000 annually is appropriated for
the use o f the commission.]
S e c . 151. County superintendents.— [County superintendents o f child welfare
cooperate with the State child labor inspector in enforcing law s relating to the
employment of children.]
Mine regulations— Coal mines
S ection 1601. Inspectors.— [I t is the duty of the governor to appoint an
inspector for each two and a h alf million tons of coal mined, or a ma
jority fraction thereof, one to be chief and the others associate mine inspectors.
The chief must be a mining engineer. Their terms are three years.]
S ec . 1602. Salaries.— [The chief inspector receives $4,000 per annum, and the
associates $3,000.]
S ecs . 1603, 1604. Bonds; reports.— [The chief inspector may be required to
give bond for the faithful discharge o f his duties and accounting fo r license
fees, etc. Annual reports as to money collected are required.]
S ec . 1605. Qualifications.— [Chiefs must have eight years* experience and
associates five y e a rs ; all must hold first-class foremen’s certificates. Associates
must reside in their district, and no inspector or inspector’s w ife may own
or operate a mine.]
S ec. 1606. Other employment.— [Inspectors may not be otherwise employed
by the State, except that the chief inspector is ex officio a professor of mining
engineering in the State University.]
S ecs . 1607-1609. Duties.— [Inspectors must give fu ll time to their duties; must
inspect all coal mines and all working places therein, as fa r as possible, every
3 months, with special reference to works and machinery, the ventilation,
drainage, general security, etc. Records are to be kept of inspections, and of
accidents, employment, etc., and reports of inspections made to the superin
tendent or operator.]
S ec. 1610. Accidents.— [Accidents to employees causing serious injury or
death must be promptly investigated.]
*As already stated, abridgments are made of several classes of laws, of which only
the substantive provisions are presented, and usually only in a summary form. Rep
resentative statutes are reproduced at length, for the purpose of a fuller presentation
of the requirements, procedure, etc., in the case of laws governing the employment of
children (Wisconsin, Statutes, secs. 103.5-103.15, 103.19-103.36), coal mines (Indiana,
Acts of 1923, ch. 177), and private employment offices (Illinois, R. S., ch. 48, secs.
67a-67k).
133
134
T E X T A N D A B R ID G M E N T OF LABO R L A W S
S ecs . 1611-1613. Witnesses.— [Witnesses may be subpoenaed and examined
under oath by any member of the board of examiners. The customary fees are
allowed. Courts are charged with the duty of enforcing#appearance.]
S ec. 1614! Reports.— [T he chief inspector must make written report to the
governor, prior to each session o f the legislature, as to the condition of the
industry, with statistics, suggestions, etc.]
S ecs . 1615, 1616. Supplies.— [T h e State must furnish needed instruments for
measuring the air and for testing scales, etc.]
S ec. 1617-1621. Dangerous mines.— [T he chief inspector, two associates con
curring, may order a mine to stop operations i f the conditions as to gas or dust
are such as to cause explosions and endanger life. A n appeal may be taken
to the court.]
S ec. 1622. Notices.— [Inspectors must be notified of accidents causing serious
or fatal injuries, of the abandonment or reopening of any mine, o f the ap
pearance of dangerous accumulations of fire damp, of the approach of work
ings o f abandoned mines containing water or gas, of the closing or abandon
ment of ways to exits. Reports of accidents shall not be divulged except in
a legal proceeding, or to a member o f the injured man’s fam ily, or to his
or their legal representative.]
S ec. 1623. Investigation of accidents.— [Serious or fatal accidents and gas or
dust explosions must be investigated, and a file kept of accidents causing death
or serious injury to employees.}
S ec. 1624. Ventilation .— [T h e owner or operator of any mine must report the
amount of ventilation and pressure gauge readings whenever required by the
chief mine inspector.]
S ec. 1625. Annual reports.— [Operators must make annual reports of kind
and quantity of coal mined, and other data as required.]
S ec. 1626. Removal of inspectors.— [T h e governor may remove chief or asso
ciate inspectors with or without cause, and may fill all vacancies.]
S ec. 1627. Noncompliance with orders.— [F ailu re to comply within reason
able time with any order or direction of the chief mine inspector may be re
ferred to the county judge of probate, before whom a hearing shall be held, and
if the order is sustained, and no appeal is taken, it must be complied with
under penalty of a fine not exceeding $1,060.1
S ecs . 1623-1642. Licensing foremen, etc.— [T h e chief inspector, two miners,
two operators and a mining engineer, all appointed by the governor, constitnte
an examining board to examine and license mine foremen and fire bosses. The
fees are $5 and $3, respectively. Duplicate certificates, in case o f loss or de
struction, issue at a cost o f $1. Forgery of certificates, false statements, etc.,
are misdemeanors.
Mine foremen must be 23 years o f age, with 5 years practical experience,
3 years after the age of 15. T w o grades of certificates are issued; foremen in
gaseous or dusty mines must bold first-class certificates. Fire bosses must be
21, with at least 3 years’ experience after the age of 15. Both must be of good
moral character and temperate habits, as certified by 10 reputable citizens.
Holders o f first-class foremen’s certificates may serve as fire bosses. I f no
licensed person is available, any trustworthy and experienced man may act as
foreman or fire boss for not over 60 days. Licenses may be revoked fo r viola
tion o f the law, intemperance, etc. Persons complained of must have 30 days’
notice in writing, and be allowed a hearing.}
S ecs . 1643, 1644. Duties.— [The foreman must carry on his duties as pre
scribed in the act, and anyone causing him to do otherwise is amenable there
for. A n assistant may act during the foreman’s absence* not to exceed one
week.}
S ec. 1645. Sprinkling.— [D u st likely to ignite or explode must be sprayed or
sprinkled.]
S ecs . 1646, 1647. F ire bosses.— [A certificated fire boss must be employed in
mines in which gas exists in quantities sufficient to ignite or explode, and he
must examine all working places before the workmen are permitted to enter.
A safety lamp must be used, and a mark made if dangerous quantities are
fo u n d ]
S ecs . 1648-1723. Safety provisions.— [ A detailed code of safety provisions
forbids injury to works, equipment, etc., regulates ventilation, the supply o f
timbers, exits, fencing, use o f safety lamps, hoisting of workmen, maps, ap
proach to other workings, the use o f illuminants, oils, etc., tamping and blast
ing, use and storage o f powder and other explosives, the weighing of coal,
ALA BA M A — CODE OF 1923
135
first aid provisions, underground stables, electrical installations, etc. Intoxi
cated persons and intoxicants are not permitted in or about mines. Employees
must report unsafe conditions when known to them.]
S ec. 1724. Women and children .— [N o boy under 14 and no female may work
in or about any coal mine.]
S ec . 1725. Posting .— [A n abstract of this law and the rules, furnished by the
chief mine inspector, must be conspicuously posted at or near the mines, so
as to be read by the employees.]
S ec . 1726. Injunction .— [In case an operator fails to comply with the law,
the State’s attorney for the county shall proceed against him by injunction.]
S ecs . 1729-1731. O il; regulations; inspection.— [Only nonexplosive oils, free
from deleterious odors or fumes, may be used except in safety lamps or
under permission o f the mine inspectors. Containers must be marked so as
to show name of manufacturer and date of manufacture and of inspection.
Inspection is by a mine inspector, before sale by the manufacturer.]
Boycotting , blacklisting, etc.
S ection 3447. Interference w ith employment.— Two or more persons who,
without a just cause or legal excuse for so doing, enter into any combination,
conspiracy, agreement, arrangement, or understanding for the. purpose of
hindering, delaying, or preventing any other persons, firms, corporation, or
association o f persons from carrying on any law ful business shall be guility
o f a misdemeanor.
S ec. 3448. Picketing .— Any person or persons who, without a just cause or le
gal excuse therefor, go near to or loiter about the premises or place of business
of any other person, firm, corporation, or association of people, engaged in a
law ful business, for the purpose or with the intent of influencing or inducing
other persons not to trade with, buy from, sell to, have business dealing with, or
be employed by such persons, firm, corporation, or association, or who picket
the works or place of business of such other persons, firms, corporations, or
associations o f persons, for the purposes of hindering, delaying, or interfering
with, or injuring any law fu l business or enterprise of another, shall be guilty
o f a misdemeanor; but nothing herein shall prevent any person from soliciting
trade or business for a competitive business.
S ec. 3449. Boycotting.— Any person, firm, corporation, or association of persons
who prints or circulates any notice of boycott, boycott cards, stickers, dodgers,
or unfair lists, publishing or declaring that a boycott or ban exists or has
existed or is contemplated against any person, firm, corporation, or association
of persons doing a law ful business, shall be guilty of a misdemeanor.
S ec. 3450. Intim idation.— A ny person, firm, corporation, or association of per
sons who uses force, threats, intimidation, or other unlawful means to prevent
any other person, firm, corporation, or association of persons from engaging in
any law ful occupation or business shall be guilty of a misdemeanor.
S ec. 3451. Blacklist.— Any person, firm, corporation, or association of persons
who maintains what is commonly called a blacklist or notifies any other per
son, firm, corporation, or association that any person has been blacklisted by
such person, firm, corporation, or association; or who uses any other similar
means to prevent any person from receiving employment from whomsoever
he desires to be employed by shall be guilty of a misdemeanor.
S ec. 3452. Obstructing business.— Any person, firm, corporation, or association
of persons who without a just cause or legal excuse willfully or wantonly
does any act with the intent, or with reason to believe that such act w ill
injure, interfere with, hinder, delay, or obstruct any law fu l business or enter
prise in which persons are employed fo r w ages; or who shall w illfully or
wantonly injure, destroy, attempt to destroy, or threaten to injure or destroy
any property of another; or who shall w illfully or wantonly derange, or at
tempt, or threaten to derange any mechanics, appliances, or devices, of an
other used in any law fu l business or enterprise, shall be guilty o f a mis
demeanor.
S ec. 3453. Taking control.— A ny person, firm, corporation, or association of
persons who without a just cause or legal excuse, but with the intent to
supplant, nullify, or impair the owner’s, operator’s, or manager’s control of
any law fu l business or enterprise, or who without just cause or legal excuse
shall take, retain, attempt or threaten to take or retain, possession or con
trol of any property of another or any instrumentality used in any law ful
business or enterprise o f another shall be guilty of a misdemeanor.
136
T E X T A N D A B R ID G M E N T OF LABOR L A W S
S ec. 3454. Inciting acts.— Any person, firm, corporation, or association of per
sons who, without a just cause or legal excuse shall advise, encourage, or teach
the necessity, duty, propriety, or expediency o f doing or practicing any of
the acts or things made unlawful by this act; or who print, publish, audit,
issue, or knowingly circulate, distribute, or display any book, pamphlet, paper,
handbill, document, or written or printed matter of any form advertising,
advising, teaching, or encouraging such necessity, duty, propriety, or expediency
of violating or disregarding any of the provisions of this a c t; or who organizes
or helps to organize, gives aid or comfort to, or becomes a member of any
group of persons formed to advocate, advise, or teach the necessity, duty,
propriety, or expediency of violating or disregarding any of the provisions of
this act shall be guilty o f a misdemeanor.
S ec. 3455. Violations.— [A n y violations of the preceding sections entail a pen
alty of a fine of noteless than $100 nor more than $1,000 and also imprisonment
fo r not more than 6 months for the first conviction and not less than 3 nor more
than 6 months on second conviction.]
'
Employment of children— General provisions
S ection 3494. Age lim it — [N o child under 14 years of age shall be employed,
permitted, or suffered to w ork at any gainful occupation except agriculture
and domestic; service, except as hereinafter provided in this chapter.]
S ec. 3495. Hours of labor.— [S ix days and 48 hours per week, and 8 hours
per day is the maximum work time for children under 16, except in agricul
tural and domestic service. W ork between 7 p. m. and 6 a. m. is forbidden.
Presence is prima facie evidence of employment.]
S ec . 3496. Hours to be posted.— [Employers must post a schedule of work,
time in all places of employment of children under 16.]
S ecs . 3497, 3498. Messenger service.— [N o person under 18 may be employees
in messenger or delivery service between 10 p. m. and 6 a. m .; nor under 21 iio
any pool or billiard room.]
S ecs , 3499-3501. Dangerous occupations.— [N o child under 16 may be em
ployed* in designated dangerous occupations or processes. F o r a similar list see
D elaw are Code, secs. 3145, 3148. The State board of health may declare any
place or occupation dangerous or injurious to the health or morals of a child
under 16.]
S ecs . 3502-3511. Certificates.— [Certificates issued by the school authorities
are required for children under 16. No employment during school hours is per
mitted for children under 14. A statement of the employer’s intention to em
ploy, schooling equal to completion of the fifth grade (sixth grade after Sept.
1, 1926), evidence of age, and a medical certificate of physical fitness are re
quired. Vacation permits for children over 12 require no certificates of school
ing. Personal appearance of the applicant is required. Certificate must be re
turned to the issuing officer M th in 10 days after employment ceases. Age
certificates are required for children between 16 and 17 years of age.]
S ecs . 3512-3517. Street trades.— [E ngaging in street trades is forbidden to
boys under 12 and girls under 18, except that boys 10 or over may deliver news
papers on routes. Boys under 16 may not be engaged between 8 p. m. and 5
a. m., unless 14 and qualified for an employment certificate; nor without a
badge issued by the school authorities. This is required annually, on proof
of age and a deposit of 50 cents, to be returned on surrender of the badge.
Replacement of lost badges is made on payment of 25 cents.]
S ecs . 3518, 3519. Enforcement.— [The director of the child w elfare depart
ment and his assistants must inspect places of employment of minors to en
force the provisions of this act, acting as State child labor inspector and dep
uty inspectors. School attendance officers and probation officers must report
known violations.]
S ecs . 3520, 3521. Sanitary provisions.— [E very person, firm, or corporation,
owning or controlling any establishment wherein minors are employed, subject
to the provisions of this act, shall keep such establishment in a sanitary condi
tion, shall provide suitable water-closets or privies, separate fo r each s e x ; also
shall provide sanitary drinking fountains where twenty or more persons are em
ployed. It is the duty of inspectors to compel compliance with this provision.]
S ecs . 3522, 3523. Inspection.— [A n y person who refuses to allow the inspector
to have free access to any establishment and every part thereof wherein minors
are or may be employed, or hinders or obstructs, or makes false statement to the
inspector in connection with the establishment, or who violates section 15 of
A LA BAM A— CODE OF 1923
137
this act shall be fined not less than $50 nor more than $100 and on second con
viction not more than $200. It is the duty of the inspector to remove any child
found in any establishment, working or detained therein contrary to law or
who is afflicted with a communicable disease.]
S ecs . 3524, 3525. Violations.— [Employers violating.this act or permitting chil
dren to work contrary thereto, or failing to comply with law ful and reasonable
orders may be fined’ from $10 to $100, and for subsequent offenses from $100
to $500.
Parents and others in charge of children are similarly punish
able fo r violations. F o r making a false affidavit the penalty is from $5 to
$20 fine, and fo r a second offense, imprisonment not over 90 days.]
S ec. 3542. Unlawful employment.— [Employing or encouraging the employ
ment of children under the age of 16 in violation of the child labor act is
regarded as contributing to delinquency, and is a misdemeanor.]
Protection of employees as voters
S ection 3922. Coercion, etc,, by employers,— A ny employer who attempts by
coercion, intimidation, threats to discharge or to lessen the remuneration o f an
Employee, to influence his vote in any election, or who requires or demands an
xamination or inspection by himself or another of an employee’s ballot, shall
>e guilty of a misdemeanor, and, upon conviction, shall be fined not less than
.ive hundred dollars.
S ec. 3923. B y officers or agents.— A ny officer, or agent of a corporation, or
other person with authority to discharge employees, who shall attempt by co
ercion, intimidation, threats to discharge or to lessen the remuneration
o f any employee, to influence his vote in any election, or who requires or de
mands an examination or inspection by himself or another of any employee’s
ballot, shall be guilty o f a misdemeanor, and, upon conviction, shall be fined
not less than five hundred dollars.
Enticing employees, apprentices, etc.
S ection 3985. Enticement from service.— Any person who entices, decoys, or
persuades any apprentice or servant to leave the service or employment of hia
master must, on conviction, be fined not less than twenty nor more than one
hundred dollars; and may also be imprisoned in the county jail, or sentenced
to hard labor for the county fo r not more than three months.
S ec. 3986. Interference, etc.— Any person who knowingly interferes with,
hires, employs, entices away, or induces to leave the service of another, or at
tempts to hire, employ, entice away, or induce to leave the service of another,
any laborer, or servant, renter, or share cropper, who has contracted in w rit
ing to serve such other person for any given time, not to exceed one year,
before the expiration of the time so contracted for, or who persuades or induces
or attempts to persuade or induce any person to abandon a crop he has be
gun before it is made or gathered, the natural or probable effect of which
w ill be to injure a third person, or who knowingly interferes with, hires,
entices away, or induces any minor to leave the service of any person to
whom such service is law fully due, without the consent of the party employing,
or to whom such service is due, given in writing, or in presence of some credible
person, must, on conviction, be fined not less than fifty nor more than five
hundred dollars, at the discretion of the jury, and in no case less than double
the damage sustained by the party whom such laborer or servant w as induced
to leave or against whose interest such crop w as induced to be abandoned;
one-half to the party sustaining such damage, and the other h alf to the county.
The statute is not unconstitutional in attempting to punish criminally for violation of
contract. 79 Ala. 271.
Nor is it in violation of the Federal “ Civil rights bill.” 44 Ala. 367.
It is plainly violative of the State constitution, being class legislation, since it. im
poses on laborers and renters a different penalty for breach of contract from that
imposed on other citizens. 123 Fed. 671.
Knowledge of previous subsisting contract is not essential to conviction. 44 Ala. 368.
Section 6849 embraces all laborers, whether under written contract or not; the fine
provided for is of no benefit to the employer. Section 6850 relates only to employment
under written contracts, and provides for the recovery of damages. 52 So. 597.
Section 6850 is constitutional, and is directed to the tortious mischief of knowingly
interfering with or interrupting contract relations. Knowledge is of the essence of the
offense. 51 So. 754.
S ec. 3987. Evidence.— W hen any laborer or servant, renter, or share crop
per, having contracted as provided in the preceding section, is afterwards found
in the service or employment of another before the termination of such con
138
T E X T A N D A B R ID G M E N T O P LABO R L A W S
tract, that fact is prima facie evidence that such person is guilty of a viola
tion of that section, if he fail and refuse to forthwith discharge such laborer
or servant, after having been notified and informed o f such form er contract or
employment
Intim idation of employees, etc.
S e c t io n 3990. Preventing employment.— A ny person who, by force or threats
of violence to person or property, prevents, or seeks to prevent, another from
doing work or furnishing materials, or from contracting to do work or furnish
materials, for or to any person engaged in any law fu l business, or who dis
turbs, interferes with, or prevents, or in any manner attempts to prevent the
peaceable exercise of any law ful industry, business, o r calling by any other
person, must, on conviction, be fined not less than ten nor more than five hun
dred dollars, and may also be imprisoned in the county jail, or sentenced to hard
labor for the county for not more than twelve months.
Beats for female employees
S e c t io n 3991. Beats to be provided.— Any person owning or controlling a store
or shop in which any girl or woman is employed as a clerk or saleswoman
who fails to provide such girl or woman with proper accommodations fo r sittit
and resting when not actively engaged in the work of her employment, o
who fails to permit her to do so when not so engaged, or who shall not have
in such building, or conveniently thereto, separate water-closets for the use
o f such girls or women, must, on conviction, be fined not less than fifty dol
lars nor more than five hundred dollars.
F ire escapes on factories, etc.
S e c t io n s 4048, 4049. Where required.— [Owners o f factories, etc., over two
stories in height must provide good and sufficient fire escapes or ladders, se
curely .fixed and conveniently arranged, accessible to the persons working
therein, under penalty of a fine of not less than $50 nor more than $500.]
Contracts of employment—Repayment of advances
S e c t io n 4152. Procuring advances on written contract.— Any person who with
intent to defraud his employer enters into a contract in writing fo r the perform
ance of an act or service and with like intent obtains from such employer
money or other personal property shall be guilty of a misdemeanor and on con
viction must be punished by a fine of not more than three hundred dollars, and
any person who with intent to injure or defraud his landlord enters into any
contract for the rent o f land and with like intent thereby obtains from said
landlord money or other personal property shall be guilty of a misdemeanor,
and on conviction must be punished by a fine of not more than three hundred
dollars.
This act is constitutional. It punishes for swindling by the use of false pretenses.
The fact that the contract is voidable by reason of the minority of the employee was held
not to be a defense. Thomas v . State, 69 So. 908.
Employment of unlicensed engineers on steamboats
S e c t io n 4461. Loss of life from explosion.— In case of the loss o f life from the
explosion o f a boiler, or any apparatus connected therewith, on any steam
boat navigating the waters of this State, and the person acting thereon as engi
neer has not obtained a certificate to act as such engineer, or is acting out
of the grade therein specified, or is knowingly employed after the revocation of
his certificate, the captain or owner employing such person, and the person so
employed or acting, are guilty of manslaughter in the first degree.
Mine regulations—Violations
S e c t io n s 4987-5000. Offenses, negligence, etc.— [W illfu lly injuring any shaft,
safety lamp, instrument, air course, or obstructing any airway, carrying
matches or pipes, etc., into forbidden areas, leaving open doors required to be
closed, or committing other acts that endanger health or security, or neg
lecting to perform any prescribed duty, is punishable by fine or imprisonment.
Failure to have coal or ore weighed where weight is the basis o f payment,
ALA BA M A — CODE OF 1923
139
violating orders of inspectors, forging or counterfeiting certificates or making
false statements under the mining law, failing to perform duty as fire boss,
entering mines or places where gas exists in dangerous quantities, using
impure oil or explosives, defacing danger signals, entering a mine in an intoxi
cated condition, soliciting payments to foremen, etc., as a condition to procuring
o r continuing in employment or selling or permitting the use of uninspected
illuminating oils, are punishable by fine or imprisonment or both.]
Railroads— Unlicensed employees
S e c t io n 5323. Employment forbidden.— Any person or corporation operating
a railroad in this State who employs any person as engineer, fireman, train
dispatcher, conductor, flagman, brakeman, or switchman, who has not been
examined and licensed as provided by sections 9960, 9961, 9962 of this code,
must, on conviction, be fined not less than one hundred nor more than five hun
dred dollars.
Employment of children to support parents in idleness
S e c t io n s 5571-5574. Vagrancy.— [Able-bodied parents without sufficient prop
erty for their support, who do not work, but hire out their children or permit
them to hire out, are classed as vagrants, subject to a fine of not over $500 and
imprisonment at hard labor not over 12 months. I f it is shown that the parent
is able-bodied and does not work and the child is hired out, the burden of prov
ing the possession of adequate means is on the parent. The foregoing pro
visions do not apply where idleness is due to strikes or lockouts.]
Labor organizations, etc.—Suits
S e c t io n 5723. How action brought.— An action or suit may be maintained by
and in the name of any unincorporated organization or association.
S e c . 5724. W hat suits allowed.— Actions or suits may be maintained against
and in the name of any unincorporated organization or association for any
cause of action fo r or upon which the plaintiff therein may maintain such an
action against the members of such organization or association.
S e c . 5725. Service of process.— Service of process in such action against such
organization or association shall be had by service upon any officer or official
member of such organization or association or upon any officer or official mem
ber of any branch or local of such organization or association: Provided , That
any such organization or .association may file with the secretary of state a
designated officer or agent upon whom service shall be had and his residence
within the State, and if such designation is so made and filed service of process
shall be had only on the officer or agent so designated if he can be found within
the State.
S e c . 5726. Actions.— Such organization or association shall be suable in any
action now pending, or any cause of action now existing or hereafter arising.
Such action may be maintained in any county where such organization or asso
ciation does business or has in existence a branch or local organization.
S e c . 5727. Judgments.— W here a judgment in such actions is rendered in favor
of the plaintiff against such organizations or associations the property o f such
organization or association shall be liable to the satisfaction of such judgment.
S e c . 5728. Provisions severable.— In case for any reason any paragraph or any
provision of this act shall be questioned in any court of last resort and shall
be held by such court to be unconstitutional or invalid, the same shall not be
held.to affect any other paragraph or provision of this act.
N oth.—This act is not unconstitutional as impairing obligation of contracts or
affecting vested rights. Grand International B . of L. E. v . Green (1923), 98 So. 569.
Wages as preferred claims—In administration
S ec tio n 5822. Ranh.— [W ages of employees fo r services rendered the year o f
the death o f the decedent rank next after the funeral expenses, the costs o f
administration, expenses o f last sickness, and taxes.]
Liab ility of employers for injuries to employees
S e c t io n 7598. When action may be brought.— Except as otherwise provided
by law, when a personal injury is received by a servant or employee in the
service or business of the master or employer, the master or employer is
140
T E X T A N D A B R ID G M E N T OF LABO R L A W S
liable to answer in damages to such servant or employee, as i f he were a
stranger, and not engaged in such service or employment, provided such lia
bility is enforced in a court of competent jurisdiction within the State of A la
bama, and not elsewhere, in the cases follow ing:
(1 )
W hen the injury is caused by reason of any defect in the condition of
the ways, works, machinery, or plant connected with, or used in the busi
ness of the master or employer. (2 ) W hen the injury is caused by reason
of the negligence o f any person in the service or employment of the master or
employer who has any superintendence intrusted to him, whilst in the exer
cise of such superintendence. (3 ) W hen such injury is caused by reason of
the negligence of any person in the service or employment of the master or
employer, to whose orders or directions the servant or employee at the time
of the injury, w as bound to conform, and did conform, if such injuries resulted
from his having so conformed. (4 ) W hen such injury is caused by reason of
the act or omission of any person in the service or employment of the master
or employer, done or made in obedience to the rules and regulations or by-laws
o f the master or employer, or in obedience to particular instructions given by
any person delegated with the authority of the master or employer in that
behalf. (5 ) W hen such injury is caused by reason of the negligence of any
person in the service or employment of the master or employer, who has the
charge or control o f any signal, points, locomotive, engine, electric motor,
switch, car, or train, upon a railway, or of any part o f the track of a railw ay.
The master or employer is not liable under this section, if the servant or em*
ployee knew o f the defect or negligence causing the injury and failed in a
reasonable time to give information thereof to the master or employer, or to
some person superior to himself engaged in the service or employment of the
master or employer, unless the master or employer, or such superior, already
knew of such defect or negligence; nor is the master or employer liable undei
subdivision 1, unless the defect therein mentioned arose from, or had not been
discovered or remedied, owing to the negligence of the master or employer, or
o f some person in the service o f the master or employer, and intrusted by him
with the duty o f seeing that the ways, works, machinery, or plant were in
proper condition; but that in no event shall it be contributory negligence or
an assumption o f the risk on the part of a servant to remain in the em
ployment of the master or employer after knowledge of the defect or negli
gence, causing the injury, unless he be a servant whose duty it is to remedy
the defect or who committed the negligent act causing the injury complained of.
In order for recovery there must be actual employment; volunteer service or service
outside the line of duty is not protected. 85 Ala. 203.
Liability is based on the fact of employment and not on contract, and can not be
avoided by a contract or rule attempting to place the risk on the employee. 97 Ala. 126.
The statute does not apply to known risks and dangers of the service against which
human skill and caution can not provide, nor to accidents incident to the business. 94
Ala. 199.
This section does not abrogate the defense of contributory negligence: a negli
gent employee can not recover under its provisions. 8 So. 357.
But if a fellow-servant acted so recklessly or wantonly as to raise the imputation
of a willful or intentional injury, with knowledge that injury would probably result
from his conduct, contributory negligence is not a defense. 85 Ala. 269.
Injury alone does not raise a presumption of negligence. 97 Ala. 171.
Causal connection must be shown between negligence and injury. 91 Ala. 496.
Jury may infer such connection from circumstances. 95 Ala. 397.
Damages recoverable are compensatory and not punitive, and do not include exem
plary damages or damages for pain, suffering, or loss of society. 91 Ala. 548.
The employe must have notice or knowledge of rules to make their violation con
tributory negligence. 112 Ala. 216.
Custom and practice can not justify negligence. 94 Ala. 277.
But the employer may acquiesce in breach of rule. 100 Ala. 232.
Or waive its observance by inconsistent requirements. I l l Ala. 275.
A defect in ways must be of an inherent part: a movable object temporarily on the
track is not within the statute. 110 Ala. 185.
Superintendence is not necessarily that exercised over the injured person, but if the
negligence of a superintendent results in injury to any servant of the common master,
the latter is liable. 97 Ala. 240.
The action of a superintendent put over a gang of laborers by a city can not be re
pudiated on the ground that his appointment was illegal when an employee brings
action for injuries received through the superintendent’s negligence. 14 So. 357.
The provisions of subsection 5 do not apply to the engineer of a stationary engine
moving cars in a mine by the use of a cable and a drum. 26 So. 124.
The phrase " signal, points ” means simply an apparatus for giving signals. It does
not refer to locality, and is to be read without regard to the comma. 214 So. 683.
Street railways are within this section; 51 So. 424; and private roads, as in mines,
etc. 54 So. 566.
ALA BA M A — CODE OF 1923
141
S ec. 7599. Damages exempt.— Damages recovered by the servant or employee,
o f and from the master or employer, are not subject to the payment of debts,
or any legal liabilities incurred by him.
S ec. 7600. Suits to be brought within State .— I f such injury results in the
death of the servant or employee, his personal representative is entitled to
maintain an action therefor, in a court of competent jurisdiction within the
State of Alabam a and not elsewhere, and the damages recovered are not sub
ject to the payment of debts or liabilities, but shall be distributed according to
the statute of distributions.
When the injury results in death, no one but the personal representative can sue. 83
Ala. 493.
Damages are recoverable if injury was contributing cause of death. 91 Ala. 496.
If deceased left no next of kin, only nominal damages will be awarded. 92 Ala. 231.
That the deceased was a minor makes no difference under this statute. 90 Ala. 13.
S ec. 7601. Contracts, etc., no bar to action.— No contract of employment, in
surance, relief benefit, or indemnity for injury or death entered into by or on
behalf of any employe, nor the acceptance of any such insurance, relief benefit,
or indemnity by the person entitled thereto, shall constitute any bar or de
fense to any action brought to recover damages for personal injuries to or death
o f such employee; but upon the trial of such action against any employer, the
defendant may set off therein any sum he (o r it) has contributed toward any
such insurance, relief benefit, or indemnity that may have been paid to the
injured employee, or, in case of death, to his personal representative.
Arbitration of labor disputes—State board
S ection 7602. Appointment of board.— W ithin thirty days after this act takes
effect the governor shall appoint three persons constituting what shall be
known as the State board of mediation and arbitration. The terms of office
o f each member of said board shall be two years from the time of appoint
ment, or until their successors are appointed; but the governor at any time may
remove any member thereof from said office and appoint a successor thereto,
should such member become in any manner incompetent to perform the duties
of said office. One member of said board shall be known as chairman thereof
and shall be so designated by the governor in making said appointment.
S ec. 7603. Duties of board.— The duty of said State board of mediation and
arbitration shall be as follow s: Whenever a strike or lockout occurs in the
State of Alabama, or when such strike or lockout is seriously threatened, and
the governor deem it advisable, he shall notify the chairman of said board and
one of the members thereof shall proceed promptly to the locality of such strike
or lockout and endeavor by mediation to effect an amicable adjustment of the
controversy. I f the governor deem it advisable he shall cause the chairman
of said board to call all the members thereof to the locality of such strike or
lockout to inquire into the cause thereof and for that purpose said board shall
have all the powers conferred upon it in the case of a controversy submitted
to it for arbitration.
S ec . 7604. Meetings.— Two members of such board shall constitute a quorum
for the transaction of business and may hold meetings at any time or place
within the State when fo r any purpose, pertaining to the duties of said board,
the governor deems it advisable. Examinations or investigations may be held
and taken by and before any of their Humber, but a decision rendered in such
a case shall not be deemed conclusive until approved by the board.
S ec. 7605. Submission of grievances.— A grievance or dispute between an em
ployer and his employees may be submitted to said State board of mediation
and arbitration for their determination and settlement. Such submission shall
be in writing and contain a statement in detail o*f the grievance or dispute,
and the cause thereof, and also an agreement to abide [b y ] the determination
of the board, and, during the investigation, to continue in business or at work
without a lockout or strike. Upon such submission, the board shall examine
the matter in controversy. For the purpose of such inquiry they may subpoena
witnesses, compel their attendance, take and hear testimony and call for and
examine books, papers and documents of any parties to the controversy.
Subpoenas shall be issued by any member of the board and served by any per
son appointed for that purpose by the member issuing same, and who shall
receive the same fees for his services as witnesses. Witnesses shall be allowed
the same fee as in the circuit court of the State. The decisions of the board
must be rendered within ten days after the completion of the investigation.
142
T E X T A N D A B R ID G M E N T OF LABO R L A W S
S e c . 7606. Decision.— W ithin ten days after the completion of every arbitration
the board or a majority thereof shall render a decision, stating such details as
w ill clearly show the nature of the controversy and the .points disposed of by
them, and make a written report of their findings o f fact and of their recom
mendations to each party to the controversy. Every decision and report shall
be filed in the office of the governor, and a copy thereof served upon each
party to the controversy.
S e c . 7607. Reports.— The chairman of said State board shall make a, report in
writing of each and every arbitration had by them, or investigation made by
them, and the results and effects thereof, to the legislature.
S e c . 7608. Local boards.— A grievance or dispute between an employer and his
employees may be submitted to a local board of arbitrators consisting of three
persons for hearing and settlement. W hen the employees concerned are mem
bers in good standing of a labor organization, one arbitrator may be appointed
by such organizaton and one by the employer. The two so designated shall
appoint a third who shall be chairman of the board. I f such employees are
not members of a labor organization, a majority thereof at a meeting duly
called for that purpose may designate one arbitrator for such board.
S e c . 7609. Consent of arbitrators .— Before entering upon his duties each arbi
trator so selected shall sign a consent to act and take and subscribe an oath to
faithfully and Impartially discharge his duties as such arbitrator, which con
sent and oath shall be filed in the clerk’s office of the county or counties where
the controversy arose. W hen such board is ready for the transaction of busiA
ness it shall select one of its members to act as secretary and notice of the
time, of place and hearing shall be given to the parties to the controversy.
The local board may, through its chairman, subpoena witnesses, compel their
attendance, and take and hear testimony as is provided herein fo r the State
board o f mediation and arbitration.
S e c . 7610. Compensation of local board.— Each member of such local board
shall receive as compensation for his services four dollars ($4 ) for each day
actually engaged In such hearing.
Sec . 7611. Decision.— The local board shall within ten days after the close o f
the hearing render a written decision signed by them giving such details as
d early show the nature of the controversy and the questions decided by them.
One copy of the decision shall be filed in the office of the clerk of the county,
or counties, where the controversy arose, one copy forwarded to the chairman
o f the State board of mediation and arbitration, one copy to the governor,
and one copy each to the parties o f the controversy.
S e c . 7612. Compensation and expenses.— The members of the State board shall
receive as compensation for their services six dollars . ($6) each per day
while engaged in the duties of the office as herein defined and railw ay fare
expended in the performance of such duties, said compensation to be paid
out of the State treasury; all cost o f witnesses as herein provided shall be
taxed, in cases of arbitration o f matters voluntarily submitted to said State
board, and the cost o f local arbitration, including witness fees and fees o f
local arbitrators as herein provided, against the parties to said arbitrations,
equally. A il witness costs in making investigations by the State board in con
troversies not voluntarily submitted shall be paid out o f the State treasury.
Exemption of wages from garnishment, etc.
S e c t io n 7887. Amount.— [W ages in the amount of $25 per month are exempt
from levy under w rits o f garnishment, etc.]
N o t e .—This provision is constitutional, and a waiver of exemption rights is void.
Richardson v . Kaufman, 143 Ala. 243, 39 So. 36S.
Payment of wages due deceased employees
S e c t io n 7923. Paym ent to widow, etc.— Whenever an employee o f another
shall die intestate and there shall be due him as wages or salary a sum not
exceeding one hundred dollars, the debtor may discharge himself from lia
bility therefor by paying such amount to the widow of the deceased employee,
or, if there be no widow, to the person having the actual custody and control
of his minor child or children, or either, as the case may be, who may sue
for and recover the same as part o f the one thousand dollars In personalty
exempted to them.
ALA BAM A— CODE OF 1923
143
Garnishment of wages, etc., of public employees
S ections 8088-8091. Service.— [Money due officials or employees in public
service as salaries or wages may be garnisheed by service of a writ on the
person authorized to make payment of the same, but only after final judgment
or decree, and not on judgments issued ex delicto.]
S ecs . 8092, 8093. Payment.— [Answers must show assent of person on whom
the writ is served, who must thereafter draw no warrant or check for the
wages or salary due until the garnishment proceedings have terminated, unless
the w rit is legally dissolved. A fter final judgment, the money must be paid
into the court rendering the judgment.]
Accidents on railroads—Reports
S ection 9648. Reports required.— Every person, corporation, company, or
association operating a railroad shall give notice to the [railro ad ] commis
sion of every accident happening on any portion of its line in this State,
which is attended with death or maiming or other serious injury to the person
o f anyone, within five days thereafter, giving facts and circumstances of
such accident, which any one or more of the commission may investigate, and
the result of such injury, with such details as they may deem necessary, shall
be entered upon the record of the proceedings of the commission.
Exam ination and licensing of railroad employees
S ection 9960. Exam ination required.— It shall be the duty of every person
or corporation operating a railroad in this State, before employing any person
as train dispatcher, engineer, conductor, fireman, flagman, brakeman, track
man, or switchman, to subject the applicant fo r employment to a thorough
examination respecting his capacity to fill the position applied for, his moral
character and reputation, his sobriety and previous record, his knowledge
o f the rules and regulations governing the employees of the railroad, the
knowledge which may be necessary or proper for the skillful performance
of his duties, and shall subject the applicant for employment to a thorough
examination respecting his ability and capacity to see and distinguish objects
and color, commonly called color-blind examination, and respecting his sense
of hearing.
S ec. 9961. B y whom made.— The examination required in the preceding
section must be made by the superintendent of the road or by the master
of trains, or master mechanic of the railroad, and shall be reduced to writing
on blanks provided for that purpose. I f the applicant shall be found qualified
in all respects for the position, the approved application papers shall be filed
in the office of the superintendent in this State, or if there be no such super
intendent, then in the principal office of such railroad in this State. Such
examination papers, when certified by the officer having custody of them, shall
be evidence of their contents and of the fact o f such examination without
further proof.
S ec. 9962. License.— I f the applicant, upon examination, shall be found
competent, and his examination papers are approved by the general manager
or other chief executive officer, the superintendent, or other person selected
by him to conduct such examination, shall issue without charge a license
to the applicant to engage in the occupation about which he has been ex
amined.
Wages as preferred claims—In receiverships
S e c t io n 10122. Amount.— [W ages or salaries for three months, not over $300,
owred by corporations or partnerships going into the hands of receivers, are to
be paid first.]
Exemption of wages— Set-offs
S ection 10172. W ritten agreements required.— * * ♦ the wages or hire
of any head of a family in this State, not having property liable to levy and
sale under execution, can not be defeated or abated by any set-off of a money
demand acquired by the person contracting to pay such wages by assignment
or transfer, unless the parties otherwise agree in writing.
ALASKA
C O M P IL E D L A W S — 1913
*
Alien labor—Employment in fisheries
S ection 254. Aliens not to fish.— It shall be unlawful for any person not a
citizen of the United States, or who has declared his intention to become a
citizen of the United States, and is not a bona fide resident therein, or for any
company, corporation, or association not organized or authorized to transact
business under the law s of the United States or under the law s of any State,
Territory, or District thereof, or for any person not a native of Alaska, to
catch or kill, or attempt to catch or kill, except with rod, spear, or gaff, any
tish of any kind or species whatsoever in ahy o f the waters of Alaska, under
the jurisdiction of the United States: * * * And provided further, That
nothing contained in this act shall prevent any person, firm, corporation, ot
association law fully entitled to fish in the waters o f Alaska from employing as
laborers any aliens who can now be law fully employed under the existing laws\
o f the United States either at stated wages or by piecework, or both, in con-*
nection with Alaskan fisheries, or with the canning, saltin g, or otherwise
preserving of fish.
Wages— Exemption—Preference
S ection 1105. Six ty days9 earnings exempt, when.— * * * The following
property shall be exempt from execution i f selected and reserved by the judg
ment debtor or his agent at the tim,e of the levy, or as soon thereafter before
sale thereof as the same shall be known to him, and not otherwise:
First. The earnings of the judgment debtor, fo r his personal services
rendered at any time within sixty days next preceding the levy of execution
or attachment, when it appears by the debtor’s affidavit or otherwise that such
earnings are necessary for the use o f his fam ily supported in whole or in
part by his la b o r;
S ec. 1704. Order of payment of demands.— The charges and claims against
the estate * * * shall be paid in the following order, * * *
: First,
funeral charges; second, taxes of whatever nature due the United States;
third, expenses of last sickness; fourth, all other taxes of whatever nature;
fifth, debts preferred by the law s of the United States; sixth, debts which at
the death o f the deceased were a lien upon his property or any right or
interest therein according to the priority of their several lien s; seventh, debts
due employee of decedent for wages earned within ninety days immediately
preceding the death of the decedent; eighth, all other claims against the
estate.
A C T S O F 1913
C h apte r 7.—Hours of labor on public works— Eight-hour day
Section 1. Eight hours a day's work.— Hereafter, eight hours in any calen
dar day, shall constitute a day’s work on any work done fo r the Territory or
any municipality within the Territory, subject to the following conditions:
Sec . 2. Contracts for public works, etc.— A ll work done by contract or sub
contract on any building or improvements, or work on roads, bridges, streets,
alleys or buildings fo r the Territory or any municipality within the Terri
tory, shall be done under the provisions of this act: Provided , That in cases
o f extraordinary emergency such as danger to life or property, the hours for
work may be extended. And for this purpose this act is made a part of all
contracts, subcontracts or agreements for work done for the Territory or any
municipality within the Territory.
Sec . 3. Violations.— [A n y contractor, subcontractor, or agent of same, or em
ployer, violating this act, shall be fined not less than $50 nor more than $500,
or imprisoned not less than 10 nor more than 90 days, or both.]
144
A L A SK A — ACTS OF 1913
C h a p t e r 9 . —Protection
S e c t i o n 1.
145
of employees as traders, etc.
Coercion as to boarding or trading .— It shall be unlawful for any
person or corporation to compel by threats or intimidation, or threats of dis
charge, or to use any means to compel an employee against his w ill to board
at any particular hotel, boarding house or other place where lodging or board
may be provided, or to require an employee to purchase goods and supplies at
any particular store.
S e c . 2. Penalty .— [Violations of this act shall be punished by a fine of not
less than $25 nor more than $100, or by imprisonment for not less than ten
nor more than thirty days, or both.]
C h a p t e r 3 6 . —Employment
S e c t i o n 1.
of labor—False representations
False statements.— It shall be unlawful for any person, persons,
company, corporation, society, association or organization of any kind doing
business in this Territory, 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 Territory, to bring workmen of any class or calling
into this Territory to work in any of the departments of labor in this Terri
tory, through or by means of false or deceptive representations, false adver
tising, 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 their employment.
S e c . 2. Penalty .— [Violations of section one or any part thereof shall be
liable to a fine of not more than $2,000, or confinement in the Federal ja il not
more than one year, or both.]
S e c . 3 . H iring armed guards.— Any person or persons who shall, in this Ter
ritory, or any other Territory or State, hire, aid, abet or assist in hiring through
agencies or otherwise, persons to guard with arms or deadly weapon of any
kind other persons or property in this Territory, or any person or persons
who shall come into this Territory armed with deadly weapons of any kind
fo r any such purpose without a permit from the governor o f this Territory
in writing shall be guilty of felony and on conviction thereof shall be im
prisoned in the Federal ja il not less than one year nor more than five years:
Provided, That nothing contained in this act shall be construed to interefere
[interfere] with the right of any person, persons, or company, corporation,
society, association or organization in guarding or protecting their private
property, or private interest as is now provided by la w ; but this act shall be
construed only to apply in cases where workmen are brought into this Ter
ritory, or induced to go from one place to another in this Territory by any
false pretenses, false advertising, or deceptive representations, or brought
into this Territory under arms, or removed from one place to another in
this Territory under arms.
S e c . 4. Recovery of damages.— Any workmen of this Territory, or any work
men of another Territory or State who have been or shall be influenced,
induced or persuaded to engage with any persons mentioned in section one
of this act through or by means o f any of the things herein prohibited, each
of such workmen 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
entitled to recover such reasonable attorney’s fees as the court shall fix, to be
taxed as costs in any judgment recovered.
C h a p t e r 45.—Liab ility
of employers for injuries to employees
1. Liab ility .— Every person, association, or corporation engaged
in the business of manufacturing, mining, constructing, building, or other
business or occupation carried on by means of machinery or mechanical
appliances shall be liable to any of its employees, or, in the event of his death,
to his personal representative fo r the benefit of his widow and children, if
any, if none, then for Ills parents, if none, then for his next of kin dependent
upon him, for all damages which may result from negligence of any of its
or his or their officers, agents, or employees, or by reason of any defect or in
sufficiency due to its or their negligence in the machinery, appliances and
works.
105446°— 25------ 10
S e c t io n
146
TEXT AND
A B R ID G M E N T
OF
LABOR
LAW S
Sec . 2. Comparative negligence.— In a ll actions hereafter brought against a
master or employer such as is mentioned in the first section hereof, to recover
damages for personal injuries to an employee, or where such injuries have
Tesulted in his death, the fact that the employee may have been guilty of
contributory negligence shall not bar a recovery where his contributory
negligence w as slight and that of the employer wa£ gross in comparison, but
the damages shall be diminished by the ju ry in proportion to the amount of
negligence attributable to such employee. A ll questions of negligence and
contributory negligence shall be fo r the jury.
Sec . 3. Contracts of exemption not a bar.— No contract of employment, in
surance, relief benefit, or indemnity for injury or death entered into by or
on behalf of any employee, nor the acceptance, of any such insurance, relief
benefit, or indemnity by the person entitled thereto, shall constitute any bar
or defense to any action brought to recover damages or personal injuries to
or death of any employee: Provided, however, That upon the trial of such
action the defendant may set off therein any sum contributed by such em
ployer toward any such insurance, relief benefit, or indemnity that may have
been paid to such employee, or in case of his death to his personal repre
sentative.
And provided further, That any insurance, relief benefit, or indemnity
furnished by the master and paid for by contributions exacted from, or paid
by his employee shall not be allowed as set-off.
Sec . 4. Limitations.— No action shall be maintained under this act unless it
be shown that there exist beneficiaries as provided in section 1 hereof; nor
unless such action be brought within two years from the time the cause of
action accrued.
C h a p t e r 7 0 . —Arbitration
of labor disputes
S e c t i o n 1 . Governor to offer mediation.— Whenever a controversy concern
ing wages, hours of labor, or conditions o f employment shall arise between an
employer and his employees, seriously interrupting or threatening to interrupt
the business of the employer, the governor shall, upon the request of either
party to the controversy, with all practicable expedition, put himself in com
munication with the parties to such controversy^ and shall use his best efforts,
by mediation and conciliation, to amicably settle the same. H e may either
exercise such powers of conciliation himself, or appoint a commission for such
purpose. I f such efforts of conciliation shall be unsuccessful, the governor
shall at once endeavor to bring about an arbitration of such controversy in
accordance with the provisions of this act
S e c . 2 . Board of arbitration.— Whenever such controversy shall arise between
an employer and his employees which can not be settled by mediation and
conciliation in the manner provided in the proceding section, such controversy,
may, with the consent of the parties to the controversy, be submitted to the
arbitration of a board of three persons who shall be chosen in the manner
follow ing: One shall be named by the employer directly interested; the other
by the labor organization to which the employees directly interested belong, or
if they belong to more than one, such arbitrator shall be agreed upon and
designated by the concurrent action of all such labor organizations. The
two thus chosen shall select the third commissioner of arbitration, who shall
be a person disinterested in the controversy, but in the event of their failure
to name such arbitrator within five days after their first meeting, the submis
sion to arbitration shall be recalled. A majority of said arbitrators shall be
competent to make a binding and valid aw ard under the provisions hereof.
The submission shall be in writing, shall be signed by the employer and by
the labor organization or organizations representing employees, shall specify
the time and place of meeting of such board of arbitration, shall state the
questions to be decided, and shall contain appropriate provisions by which
the respective parties shall stipulate as fo llo w s:
First. That the board of arbitration shall commence their hearings within
ten days from the date of the appointment of the third arbitrator, and shall
find and file their aw ard within thirty days from the date of the appointment
of the third arb itrato r; and that pending the arbitration the status existing
immediately prior to the dispute shall not be changed: Provided , That no em
ployee shall be compelled to render personal service without his consent.
Second. That the aw ard and the papers and proceedings including the
testimony relating thereto certified under the hands of the arbitrators, shall
A LA SK A — ACTS OF 1913
147
be filed in the clerk’s office of the district court for the division wherein
controversy arises or the arbitration is entered into, and shall be final and
conclusive upon both parties, unless set aside for error of law apparent on
the record.
Third. That the respective parties to the aw ard w ill each faithfully execute
the same, and that the same may be specifically enforced in equity so fa r as
the powers of a court of equity permit: Provided , That no injunction or other
legal process shall be issued which shall compel the performance by any
laborer against his w ill of a contract for personal labor or service.
Fourth. That employees dissatisfied with the aw ard shall not by reason of
such dissatisfaction quit the service of the employer before the expiration of
three months from and after the making of such aw ard without giving thirty
days’ notice in writing of their intention so to quit. Nor shall the employer
dissatisfied with such award dismiss any employee or employees on account
of such dissatisfaction before the expiration of three months from and after
the making of such aw ard without giving thirty days* notice in writing of his
intention so to discharge.
Fifth. That said aw ard 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 employer and
the same class of employees shall be had until the expiration of said one year
if the aw ard is not set aside as provided.
S e c . 3 . Award in effect, when.— The aw ard being filed in the clerk’s office of
the district court, as hereinbefore provided, shall go into practical operation,
and judgment shall be entered thereon accordingly 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 aw ard shall
go into practical operation and judgment entered accordingly when such excep
tions shall have been finally disposed of either by said district court or on
appeal therefrom. A t the expiration of thirty days from the decision of the
district court upon exception taken to said aw ard as aforesaid, judgment shall
be entered in accordance with said decision, unless within thirty days either
party shall appeal therefrom to the United States Circuit Court of Appeals for
the Ninth Judicial Circuit. In such case only such portion of the record shall
be transmitted to the circuit court of appeals as is necessary to a proper under
standing and consideration of the questions of law presented by said exceptions
and to be decided. The determination of said circuit court of appeals upon
said questions shall be final, and being certified by the clerk thereof to said
district court, judgment pursuant thereto shall thereupon be entered by said
district court. I f exceptions to an aw ard 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 contro
versy; which judgment when entered shall have the same force and effect
as judgment entered upon award.
S e c . 4. Powers of board.— For the purposes of this act the arbitrators herein
provided for, or either of them, shall have power to administer oaths and
affirmations, sign subpoenas, require the attendance and testimony of witnesses,
and the production of such books, papers, contracts, agreements and documents
material to a just determination of the matters under investigation, as may be
ordered by the courts; and may invoke the aid of the said courts to compel
witnesses to attend and testify, and to produce such books, papers, contracts,
agreements and documents as the courts shall determine to be material and
competent evidence.
S e c . 5. Agreements to arbitrate.— Every agreement of arbitration under this
act shall be acknowledged by the parties before a notary public or clerk of the
district court of the Territory, and when so acknowledged a copy of the same
shall be filed with and recorded by the recorder of the precinct in which the
arbitration is entered into, and a copy shall also be sent to the governor who
shall file the same in the office of the secretary of the Territory, who shall
cause a notice in writing to be served upon the arbitrators, fixing the time and
place fo r a meeting of said board, which shall be within fifteen days from the
execution of said agreement of arbitration: Provided, however, That the gover
nor shall decline to call a meeting of the arbitrators under such agreement un
less it is shown to his satisfaction that the employees signing the submission
represent or include a majority of all the employees in the service of the same
employer and of the same grade and class, and that an aw ard pursuant to said
submission can justly be regarded as binding upon all such employees.
148
T E X T A N D A B R ID G M E N T OF LABO R L A W S
S e c . 6. Restrictions on parties to arbitration.— During the pendency of arbi
tration under this act it shall not be law fu l for the employer, party to such
arbitration, to discharge the employees, parties thereto, except for inefficiency,
violation of law, or neglect of d uty; nor for the organization representing such
employees to order, nor for the employees to unite in, aid or abet, strikes against
said employer; nor during a period of three months after an aw ard under such
an arbitration, for such employer to discharge any such employees, except for
the causes aforesaid without giving 30 days’ written notice of an intent so to
discharge; nor for any of such employees, during a like period to quit the serv
ice of said employer without just cause, without giving to said employer 30
days’ written notice of an intent so to d o ; nor for such organization represent
ing such employees to order, counsel, or advise otherwise. Any violation of
this section shall subject the offending party to liability for damages: Pro vkled, That nothing herein contained shall be construed to prevent any em
ployer, party to such arbitration, from reducing the number of its or his em
ployees whenever in its or his judgment business necessities require such a
reduction.
S e c . 7. Expenses.— The agreement of arbitration shall provide for the com
pensation of arbitrators, and their traveling and other necessary expenses.
A C T S O F 1917
C h a p t e r 4 . —Hours
of labor in mines
S e c t i o n 1. W hat work injurious and dangerous.— Employment in under
ground coal mines, underground lode mines, underground placer mines, in
underground coal, lode or placer workings, and in all other underground minds
or workings of any kind or nature whatsoever, is hereby declared to be injuri
ous to health and dangerous to life and limb.
S e c . 2 . ‘ Eight-hour dap.— The period of employment of any person in under
ground coal mines, underground lode mines, underground placer mines, under
ground coal, lode or placer workings, and in all other underground mines, or
workings of any kind or nature whatsoever, shall not exceed eight hours within
any twenty-four hours, except on such days as change of shift is made, exclud
ing, however, any intermission of time for lunch or meals, or otherwise going
to, or from the place where the work is actually carried on, whether going to or
coming from the place of work be in going on, or off shift, or in going to, or
returning from meals or lunch. It being the intention of this act to limit the
hours of employment in any twenty-four hours to eight hours of actual labor
at the face, or other place or places where the work or labor to be done is
actually perform ed; except in case of emergency, where life or property is in
imminent danger, the period may be extended during the continuance of such
emergency.
Sec. 3. Violations.— [A n y violations of this act shall be punished by a fine
of not less than $100 nor more than $500, or by imprisonment for not less than
60 days nor more than six months, or both; on second conviction within two
years, imprisonment fo r not less than 60 days nor more than one year. Every
day’s violation shall constitute a separate offense.]
S e c . 4 . Provisions severable.— Should it be adjudicated that any portion,
section, or part of any section of this act, is unconstitutional or otherwise in
valid for any reason, an adjudication of invalidity of such portion, section,
proviso or part of any section of this act shall not affect the validity of the
act as a whole or any other part thereof.
C h a p t e r 51.— Mine
S e c t i o n s 1-31.
regulations1
Summary.— [This act is a mining code for the Territory of
Alaska, and repeals chapter 72, Acts of 1913, and chapter 69, Acts of 1915.
A territorial mine inspector is to be appointed by the governor, who is to be
theoretically and practically qualified for his duties. Besides the customary
inspections, he is to examine the men in charge of first-aid work, and, if re
quested, give instruction therein. Orders as to unsafe mines are subject to
review by the governor, and through him an appeal may be taken fo r review
and revision by the United States Bureau of Mines. Reports of accidents and
investigations of the same are provided for. Statistical records must be fu r
1 See ch. 14, A cts of 1921.
ALASKA^— A CTS OF 1919
149
nished by operators, and reports made by the inspector covering the various
branches of his activities. The act prescribes guards for dangerous machinery,
safety provisions in the sinking of shafts, hoisting of men and materials, con
struction of cages, etc., and requires escape shafts in all mines having a depth
of 300 feet. Boys under the age of 16 years may not be employed under
ground. A code of signals is established by the law, and a list of articles nec
essary to be kept for first aid to the injured. Only experienced men are per
mitted to use high explosives, and provisions are made as to tamping, blasting,
storage, etc.]
A C T S O F 1919
Chapter
59.— Labor commissioner—Creation of office—Factory inspection
S e c t i o n 1. Office created.— The office of labor commissioner of the Territory
of Alaska is hereby created.
S e c . 2 . Who, to act.— The mining inspector of the Territory of Alaska shall
be ex-officio labor commissioner, but shall receive no additional compensation
for acting as such labor commissioner. The mining inspector is hereby em
powered and authorized to perform the duties of such labor commissioner as
provided in this act.
S e c . 3. Duties.— The duties of the labor commissioner of the Territory of
Alaska shall be:
( a ) To assort, systematize, and present in biennial report to the governor of
Alaska statistical details relating to all departments of labor in the Territory,
especially in its relation to the industrial, social, and sanitary conditions of
the laboring classes, and to the permanent prosperity of the industries of the
Territory.
( b ) He shall have the power to enforce all sanitary and safety regulations,
as are hereinafter set forth.
(c ) H e may inspect any factory, cannery, or other establishment where labor
is employed, and is hereby empowered and authorized so to do.
S e c . 4. Sanitary provisions.— In every factory, cannery, or. other establish
ment where labor is employed, all refuse, waste, and sweepings shall be re
moved or disposed of at least once a day and in such a manner as not to be
come a nuisance. In every factory, cannery, or other establishment in which
any process is carried on which makes the floors wet, the floors shall be con
structed and maintained with due regard to the health of employees and grat
ing or dry standing rooms shall be provided, if practicable, at points where
employees are regularly stationed, and adequate means shall be provided for
drainage and fo r preventing seepage or leakage to the floors below.
S e c . 5. Drinking water.— In every factory, cannery, or other establishment
where labor is employed, there shall be provided a sufficient supply of clean
and pure drinking w a t e r; if such drinking water is placed in receptacles, such
receptacles shall be properly covered to prevent contamination, and shall be
thoroughly cleaned at frequent intervals. There shall be provided and main
tained suitable and convenient wash rooms, separate for each sex, adequately
equipped with washing facilities, consisting of sinks or stationary basins pro
vided with running water, or with tanks holding an adequate supply of clean
water. And there shall be provided in every factory, cannery, or other estab
lishment employing ten (10) or more persons, shower baths wTith a sufficient
supply of hot and cold water. A ll wash rooms, washing facilities, and sleepingquarters (when furnished by employer) shall be constructed, lighted, heated,
ventilated, arranged and maintained according to rules and regulations drawn
up by the labor commissioner.
S e c . 6 . Water-closets.— [E very establishment where labor is employed shall
be provided with suitable water-closets, earth closets, or privies. W here both
male and female persons are employed, they shall be separate, and shall be
kept in a sanitary and clean condition.]
S e c . 7.— Temperature.— In every factory, cannery, or other establishment,
where labor is employed, adequate measures shall be taken for securing and
maintaining a reasonable, and as fa r as possible, equable temperature, con
sistent with the reasonable requirements of the manufacturing process.
S e c . 8 . Inspection.— It shall be the duty of every employer of labor, his su
perintendent, manager, or agent, in this Territory to afford to the labor com
missioner every facility for the inspection of his factory, cannery, or other
establishment where labor is employed, and for procuring statistics of the
wages and conditions of his employees.
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A B R ID G M E N T
OF
LABOR
LAW S
S ec . 9. Violations.— [Violations of this act shall be punished for first offense
by fine of not less than $25 nor more than $50, or by ten days imprisonment or
both. On second offense by fine of not less than $100 nor more than $200 or
by imprisonment for one month, or by both fine and imprisonment]
A C T S O F 1921
C h a p t e r 14.— Mine regulations— Coal mines
S e c t io n s 1-50. Inspection, safety, etc.— [This act is a code of mining law
for all coal mines in the Territory, and excludes chapter 51, Acts of 1917,
from any application thereto.
Inspection at all reasonable times is to be
permitted and facilitated by the manager. The operation of dangerous mines
may be forbidden. Registration, and reports of production, accidents, etc., as
may be called for, are required. The act requires a monthly report of all acci
dents, and immediate reports of all serious or fatal accidents; also report of
return to work in cases o f serious accident. Rules for safety, first aid, rescue
training, etc., are given ; and escape ways and safety appliances are prescribed,
including safety lamps, clearance in ways, supply of timber, the storage and
use of explosives, ventilation, sprinkling, electric installation, etc.]
C h a p t e r 44.— Mine inspector
S e c t io n s 1-3. Appointment.— [This act provides for the biennial appointment'
o f a mine inspector by the governor, with the assent and approval o f the
senate. See chapter 82, Acts of 1928.]
A C T S O F 1923
C h a p t e r 35.— Mine foremen and fire bosses
\ S e c t io n s 1, 2. Employment.— [This act forbids the employment, in any coal
mine employing more than ten men underground in one shift, of a mine
foreman, assistant foreman or fire boss who does not hold a certificate of
competency issued by a State board o f examiners within ten years, or by
the supervising mining engineer of the United States Bureau of Mines for
A lask a.]
C h a p t e r 49.— Payment of wages
S e c t io n 1. Mode.— The payment of wages and other compensation of em
ployees in all private employments in the Territory of Alaska shall be made
in law fu l money of the United States, or by good and valid negotiable check
or draft, payable in good and law ful money of the United States upon
presentation thereof, and without grace, at some bank in the Territory of
A laska nearest the place where the work or labor w as performed, without
discount
S ec . 2. Penalty.— Every person, or any agent of any person, copartnership,
association, or corporation, who, having the ability to pay, shall w illfully
refuse to pay the wages or compensation due and payable, when demanded
as herein provided, or falsely deny the amount or validity thereof, or that
the same is due, with intent to secure fo r himself or any other person, any
discount upon such indebtedness, or with intent to annoy, or harass, or opress
[oppress], or hinder, or delay, or defraud, the person to whom the indebted
ness is due, shall be guilty of a misdemeanor and upon conviction shall be
punished by a fine of not more than five hundred dollars ($500) or by im
prisonment of not more than sixty (60) days.
S^c. 8. Damages.— Whenever any person, compafcy, or corporation is com
pelled to sue for the recovery of wages or fo r the face value of the check, mem
orandum, token, or evidence of indebtedness issued or circulated fo r the pay
ment o f wages for labor, by reason of the failure of any person, firm, com
pany, or corporation issuing the same failing or refusing to pay the same on de
mand, as provided in this act, then, and in such case, if judgment be rendered
in favor o f plaintiff the court shall tax the attorney fees of not less than ten
($10) dollars and not more than fifty ($50) dollars in favor of the judgment
creditor and the further sum of twenty-five ($25) dollars as damages to the
plaintiff suffered by the plaintiff by reason of being compelled to sue for the
A L A SK A — AC T S OF 1923
151
recovery o f such claims: Provided, That no plaintiff shall recover more than
the face value of his said claim where the payment is refused by reason of a
dispute as to the ownership of said claim, or where it appears satisfactorily to
the court or jury that the defendant had a sufficient excuse for the refusal of
the payment of the claims, the burden of proof of said sufficient excuse being
on the defendant, and, should the court or jury find such excuse sufficient, the
same is to be specified in the verdict or judgment of the said court or jury.
S ec . 4. Wages due.— A ll wages of employees in and around canneries and
salteries shall be due and payable monthly and within fifteen (15) days after
the last day o f the month in which the wages were earned: Provided , however,
That when the services are completed or the employee is discharged prior to
such pay day the wages or other compensation earned by him shall be paid
without delay, but nothing contained herein shall be construed to prohibit the
payment of wages at more frequent periods than monthly.
S ec . 5. Notices to be posted.— Every employer shall establish and maintain
regular pay days as herein provided and shall post and maintain notices, print
ed or written in plain type or script, in at least two conspicuous places where
such notices can be seen by the employees as they go to and from their work,
setting forth the regular pay days as herein prescribed. Nothing in this act
contained shall be deemed to Interfere with any right of contract.
C h a p t e r 82.— Mine inspector
S e c t io n s 1-4. Jo in t supervision.— [T h is act suspends till March 31, 1925,
the operation of chapter 44, Acts of 1921, authorizes the governor to arrange
with the Department of the Interior for joint Territorial and Federal super
vision of the inspection of mines other than coal mines, and appropriates $7,000
to carry out the proposed plan.]
C h a p t e r 101.— Private employment offices
S ec tio n 1. License.— [The license fee law for the year 1923 continues the
charge of $500 per annum on employment agencies ‘‘ operating fo r hire and
collecting a fee fo r services.”]
ARIZONA
C O N S T IT U T IO N
A rt ic l e II. — Actions for personal injuries—Damages
S e ctio n 31. No lim it on damages.— N o law shall be enacted in this State lim
iting the amount o f damages to be recovered for causing the death or injury
of any person.
A rticle X V .— Safety of public service employees
S e ctio n 2. Scope of law,— A ll corporations other than municipal engaged in
carrying persons or property for h ire ; or in furnishing gas, oil, or electricity fo r
light, fuel or pow er; or in furnishing w ater for irrigation, fire protection, or
other public purposes; or in furnishing, fo r profit, hot or cold air or steam for
heating or cooling purposes; or in transmitting messages or furnishing public
telegraph or telephone service, and all corporations other than municipal,
operating as common carriers, shall be deemed public service corporations.
S ec . 3. Power to make rules,— The corporation commission * * * may
* * * make and enforce reasonable rules, regulations, and orders for the
convenience, comfort, and safety, and the preservation of the health, o f the
employees and patrons o f such corporations; * * *
A rticle X V I I I .— Employment of labor
S e c tio n 1. Lim it of 8 hours per day on public works,— Eight hours and no
more, shall constitute a law fu l day’s work in all employment by, or on behalf
of, the State or any political subdivision of the ^State. The legislature shall
enact such law s as may be necessary to put tins provision into effect, and
shall prescribe proper penalties for any violations of said laws.
S ec . 2 . Age lim it for children,— N o child under the age of fourteen years shall
be employed in any gainful occupation at any time during the hours in which
the public schools of the district in which the child resides are in session; nor
shall any child under sixteen years of age be employed underground in mines,
or in any occupation injurious to health or morals or hazardous to life or lim b ;
nor in any occupation at night, or for more than eight hours in any day.
S ec . 3. W aivers of employers’ liab ility .— It shall be unlawful for any person,
company, association, or corporation to require of its servants or employees as
a condition of their employment, or otherwise, any contract or agreement where
by such person, company, association, or corporation shall be released or dis
charged from liability or responsibility on account of personal injuries which
may be received by such servants or employees while in the service or em
ployment of such person, company, association, or corporation, by reason of the
negligence of such person, company, association, or corporation, or the agents
or employees thereof; and any such contract o r agreement if made, shall be
null and void.
S ec . 4. Fellow-servant doctrine,— The common law doctrine of fellow servant,
so fa r as it affects the liability of a master for injuries to his servants resulting
from the acts or omissions of any other servant or servants of the common
master is forever abrogated.
S ec . 5. Contributory negligence and assumed risk,— The defense of contribu
tory negligence or of assumption of risk shall, in all cases whatsoever, be a
question of fact and shall, at all times, be left to the jury.
S e c . 6. Actions for injuries.— The right of action to recover damages for in
juries shall never be abrogated, and the amount recovered shall not be subject
to any statutory limitation.
S ec . 7. Employers’ liab ility late.— To protect the safety of employees in all
hazardous occupations, in mining, smelting, manufacturing, railroad or street
railw ay transportation, or any other industry the legislature shall enact an
employer’s liability law, by the terms of which any employer, whether indi
vidual, association, or corporation shall be liable for the death or injury,
caused by any accident due to a condition or conditions of such occupation, of any
employee in the service of such employer in such hazardous occupation, in all
152
A R IZO N A — R EV ISED S T A T U T E S — 1913
153
cases in which such death or injury of such employee shall not have been
caused by the negligence of the employee killed or injured.
S ec . 9. Black lists.— The exchange, solicitation, or giving out of any labor
“ black list,” is hereby prohibited, and suitable laws shall be enacted to put this
provision into effect.
S ec . 10. Employment of aliens on public works.— No person not a citizen or
w ard of the United States, or who has not declared his intention to become a
citizen, shall be employed upon, or in connection with, any State, county, or
municipal works or employment: Provided , That nothing herein shall be con
strued to prevent the working of prisoners by the State, or by any munici
pality thereof, on street or road work, or other public work. The legislature
shall enact law s for the enforcement, and shall provide for the punishment of
any violation, of this section.
A rticle X IX .— Mine regulations—Inspector
S e ctio n 1. Office created; laws to be enacted.— The office of mine inspector is
hereby established. The legislature, at its first session, shall enact laws so
regulating the operation and equipment of all mines in the State as to provide
fo r the health and safety of workers therein and in connection therewith, and
fixing the duties of said office. Upon approval of such laws by the governor, the
gpvernor, with the advice and consent of the senate, shall forthwith appoint a
ljnine inspector, who shall serve until his successor shall have been elected at
the first general election thereafter and shall qualify. Said successor and all
subsequent incumbents of said office shall be elected at general elections, and
shall serve for two years.
R E V IS E D S T A T U T E S — 1913
Exemption of xcages from garnishment
P a r a g r a ph 1452. Exemptions.— [One-half the debtor's earnings for personal
services for 30 days are exempt on affidavit that such earnings are necessary
for the support of his fam ily.]
Railroad regulations
P a r a g r a ph 2165.— Leaking engines.— No locomotive, from which steam es
capes to such an extent as to obstruct the view of the men operating such loco
motive, shall be used or permitted to be used in any yard or over any railroad
or portion of a railroad, in this State: Provided, That this section shall not
apply to the result of accident between terminals, until the engine reaches its
destination. Any person, firm, company, or corporation violating any of the
provisions of this section shall be deemed guilty of a misdemeanor, and upon
conviction thereof shall be fined a sum of not less than one hundred dollars
nor more than one thousand dollars.
P ar . 2190. Relief societies.— No railroad company now existing or hereafter
created under and by virtue of the law s of this State, or of any other State
or country, and having and operating a line of railw ay in this State, may
establish or maintain, or assist in establishing or maintaining, any relief asso
ciation or society, the rules or by-laws of which shall require of any person or
employee becoming a member thereof, to enter into a contract, agreement, or
stipulation, directly or indirectly, whereby such person or employee shall stipu
late or agree to surrender or waive any right of damage against any railroad
company for personal injuries, or death, or whereby such person or employee
agrees to surrender or waive, in case he asserts such claim for damages,
any right whatever, and any such agreement or contract so signed by such
person shall be null and void.
P ar . 2191. Bonds of employees from specified companies, etc.— N o common
carrier authorized to do business in this State, when requiring of an employee
that he give it a bond or undertaking of any nature whatsoever, shall require
such employee to have such bond or undertaking, executed as surety by any
particular person, company, corporation, association, or firm, or by any one or
more of any number of such persons, companies, corporations, associations, or
firms named by such common c a rrier; and no such common carrier shall reject
any such bond or undertaking for any reason other than the financial insuffi
ciency of such bond or undertaking.
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A B R ID G M E N T
OF LA B O R
LAW S
P a r s . 2192, 2193. Nonresident companies; term ; cancellation.— [N o nonresi
dent surety may be required, and none may be accepted unless a resident is
designated, on whom notice can be served, and with whom records can be
kept Bonds must be for specified terms, and may not be canceled before the
expiration of the same except for breach of condition and on notice duly
given.]
P ar . 2194. Violations.— [Violations entail a penalty of fine, $100 to $1,000, or
imprisonment, 30 days to one year, or both.]
Public service corporations— Safety—Accidents
P a r a g r a ph 2289. * * * Provisions required.— ( b ) Every public-service
corporation shall furnish, provide, and maintain such service, instrumentalities,
equipment and facilities as shall promote the safety, health, comfort and con
venience of its patrons, employees and the public, and as shall be in all respects
adequate, efficient, just, and reasonable.
P ar . 2318. Rules .— [The corporation commission is authorized to make rules
after a hearing, governing the operation of public-service corporations with
a view to the health and safety of employees, etc., including installation of
interlocking devices, block systems o f signaling, uniform and other standards
o f equipment, etc.]
P a r . 2320. Accidents.— [Accidents on the property of any public-service cor
poration or arising from the maintenance or operation of the same, resulting
in loss of life or in ju ry to persons or property must be reported, and may tile
investigated if in the judgment of the commission investigation is required $
but reports and investigations, etc., are not available in any suit fo r damages.]
Employment of children— School attendance
P a r a g r a p h s 2802-2804 (a s amended 1921, ch. 143). Requirement.— [Attend
ance at school until 16 is required unless excused (among other reasons) be
c a u s e “ such child is over 16 [apparently should be 14] years of age, and,
with the consent of its parents or guardians, is employed at some law fu l wage
earning occupation.” Children under 16 cannot be employed during school
hours without a permit. I f attendance at school is prevented because of the
necessity to work for support, the judge of the juvenile court may grant an
allowance to permit attendance. Violations are punishable by fine or impris
onment, or both. Attendance officers may inspect places of employment to en
force the la w .]
Hours of labor
P a r a g r a ph 3098. Employment hazardous.— The business o f conducting and
operating an electric light plant, or any electric power plant, is hereby declared
to be hazardous and dangerous to those employed therein.
P ar . 3099. Lim it of eight hours per day.— It shall be unlaw ful fo r any per
son, corporation or association operating or managing any electric light plant,
or any electric power plant, or both, within this State, to permit, or cause to
be permitted, any operating engineer or fireman, or switchboard operator, or any
attendant in its service, employed in or about such plant, to be on duty more
than eight hours in any twenty-four consecutive hours; except in cases of emer
gency when life or property is in imminent danger.
P a r . 3100. Violations.— [Violations of preceding section are punishable by a
fine of not to exceed $100, each day’s violation constituting a separate offense.]
P a r . 3103. Lim it of eight hours per day on public works.— Eight hours, and
no more, shall constitute a law ful day’s work for all laborers, workmen, me
chanics or other persons doing manual or mechanical labor, now employed or
who may hereafter be employed by or on behalf of the State of Arizona or by
or on behalf of any political subdivision of the State, except in cases of extra
ordinary emergency which may arise in time of war, or in cases where it may
be necessary to work more than eight hours each calendar day for the protec
tion o f property or human life : Provided , That in all such cases the laborers,
workmen, mechanics or other persons doing manual or mechanical labor, so
employed and working to exceed eight hours each calendar day shall be paid
on the basis of eight hours constituting a day’s w o rk : Provided further, That
not l e ^ than the current* rate of per diem wages in the locality where the work
is performed shall be paid to laborers, workmen, mechanics, and other persons
doing manual or mechanical labor so employed by or on behalf of the State of
ARIZO N A — REVISED ST A T U T E S — 1913
155
Arizona, or o f any political subdivision of the State; and laborers, workmen,
mechanics and other persons doing manual or mechanical labor, employed by
contractors or subcontractors in the execution of any contract or contracts with
the State of Arizona, or with any political subdivision of the State, shall be
deemed to be employed by or in behalf of the State of Arizona, or of such
county, city, township, or other municipality thereof.
P ar . 8104. Contracts.— A ll contracts hereafter made by or on behalf of the
State of Arizona, or by or on behalf of any political subdivision of the State,
with any corporation, person or persons for the performance of any work or
the furnishing of any material manufactured within the State of Arizona, shall
be deemed and considered as made upon the basis of eight hours constituting
a day’s w ork ; and it shall be unlawful for any such corporation, person or
persons to require or permit any laborer, workman, mechanic or other person
doing manual or mechanical labor, to work more than eight hours per calendar
day in doing such work or in furnishing or manufacturing such material, except
in the cases and upon the conditions provided in the preceding section.
P a r . 3105. Aliens not to be employed.— No person not a citizen or w ard of the
United States, or who has not declared his intentions to become a citizen shall
be employed upon, or in connection with, any State, county, or municipal works,
or employment: Provided , That nothing herein shall be construed to prevent the
working of prisoners by the State, or by any county or municipality thereof,
on street or road work, or other public work.
P ar . 3106. Violations.— [Violation of three preceding sections is punishable
by a fine of not less than $50 nor more than $1,000, or by imprisonment for
not more than six months, or both.]
P ar . 3108. Eight-hour day in mines, etc.— The period of employment of hoist
ing engineers at the mines in this State, and furnace men at the smelters in
said State, shall be eight hours per day except in cases of emergency where
life or property is in imminent danger.
P ar . 3109. Violations.— [Violation of preceding section punishable by a fine
of not less than $100 nor more than $300 for each offense.]
Employment of women and children
P a r a g r a ph 3110. Age.— [N o child under 14 may be employed in any mill, fac
tory, workshop (including tenement-house factories and workshops) mercantile
establishment, office, telegraph or telephone office, restaurant, bakery, etc., or as
bootblack, messenger or delivery b o y ; but boys 10 to 14 may be allowed to de
liver newspapers or do other work outside school hours, not harmful in the
opinion of the board of school trustees.]
P a r . 3111. School hours.— [N o child under 14 may be employed in any busi
ness during school hours.]
P a r s . 3112-3114. Dangerous occupations.— [Employment of children under 16
in designated list of dangerous occupations (fo r similar list see sec. 3145, D ela
w are Code), or in any other employment declared by the State board of health
to be dangerous or injurious is forbidden.]
P a r . 3115. Seats for females.— Females shall not be employed, permitted,
or suffered to work in any capacity where such employment compels them
to remain standing constantly. Every person who shall employ any female
in any place or establishment mentioned in the first section [sec. 3110] of
this chapter [secs. 3110-3145] shall provide suitable seats, chairs, or benches
for the use of the females so employed, which shall be so placed as to be ac
cessible to said employees; and shall permit the use of such seats, chairs, or
benches by them when they are not necessarily engaged in the active duties
fo r which they are employed, and there shall be provided at least two chairs
to every three females.
P a r s . 3116-3125. Certificates.— [Employment certificates are required for
children to 16; child must be 14, have completed 5 grades of school, and be
of normal physical development and fitness. Issue is by the school authori
ties.]
P ar . 3126. Enforcement.— [Inspectors, etc., may require discharge of a child
apparently under 16 fo r whom no permit or evidence of age is produced.]
P a r s . 3127, 3128, Dangerous occupations.— [Employment under 18 in certain
occupations is forbidden. For similar list, see sec. 3148, Delaware Code. The
State board of health may add thereto.]
P a r . 3129. Female in coal mines.— No female shall be employed, permitted,
or suffered to work in or about any mine, quarry, or coal breaker.
TEXT A N D
156
A B R ID G M E N T
OP LABOR
LAW S
P a r . 3130. Messengers.— [The employment of minors in incorporated cities
and towns as messengers or in delivery service between 10 p. m. and 5 a. m. is
forbidden.]
P ar . 3131. Work time.— [Boys under 16 and girls under 18 may not work
more than 8 hours per day or 48 hours per week except in farm or domestic
service.]
P a r . 3132. Schedule.— [Tim e for beginning, ending, and allowance for meals
must be posted in workrooms of boys under 16 and girls under 18.]
P ar . 3133. Street trades.— [Boys under 10 and girls under 16 may not sell
nevvspapers, periodicals, or merchandise on the street. Boys under 10 may not
work as bootblacks.]
P a r . 3134. Enforcement.— [Inspectors may visit any place of employment
and report violations.]
P a r s . 3135-3145. Violations.— [Penalties range from $5 to $200 for violations
of the different sections by parents, officials, employers, etc.]
Employment of labor— Foremen, etc., accepting fees
P a r a g r a ph 3146. Fees, etc., forbidden.— It shall be and is hereby made un
law ful for any manager, superintendent, officer, agent, servant, foreman, shiftboss, or other employee of any person or corporation, charged or intrusted
with the employment of any wokmen or laborers, or with the continuance
of workmen or laborers in employment, to demand or receive, either directly
or indirectly, from any workman or laborer, employed through his agency, o$
worked or continued in employment under his direction or control, any fee,'
commission, or gratuity of any kind or nature as the price or condition of the
employment of any such workman or laborer, or as the price or condition of
his continuance in such employment; and any such manager, superintendent,
officer, agent, servant, foreman, shift boss, or other employee of any person or
corporation charged or intrusted with the employment of laborers or workmen
for his principal, or under whose direction or control such workmen and laborers
are engaged in work and labor for such principal, who shall demand or receive,
either directly or indirectly, any fee, commission, or gratuity of any kind or
nature, from any workman or laborer employed by him or through his agency,
or worked under his direction and control, either as the price and condition
of the employment of such workman or laborer or as the price and condition
of the continuance of such workman or laborer in such employment, shall be
guilty of a misdemeanor, and upon conviction thereof, shall be punished by a
line of not less than fifty dollars and not exceeding three hundred dollars, or
by imprisonment not exceeding six months, or both such fine and imprison
ment, in the discretion of the court trying the charge.
Dangerous employments
P a r a g r a ph 3147. W hat employments dangerous.— Employment in all under
ground mines, underground workings, open cut workings, open pit workings,
in or about, and in connection with, the operation of smelters, reduction works,
stamp mills, concentrating mills, chlorination processes, cyanide processes,
cement works, rolling mills, rod mills and at coke ovens and blast furnaces, is
hereby declared to be injurious to health and dangerous to life and limb.
Railroads— Qualifications of employees
P a r a g r a ph 3148. Engineers.— I f any person shall run or operate any loco
motive engine upon any railroad in the State of Arizona, without having served
three years prior thereto as a fireman or engineer on a locomotive engine, he
shall be deemed guilty of a misdemeanor, and he shall be punished by a fine
of not less than twenty-five dollars nor more than five hundred dollars; and
each day he so engages shall constitute a separate offense.
P a r . 3149. Conductors.— I f any person shall act or engage to act as a con
ductor on a railroad train in this State without having for three years prior
thereto served or worked in the capacity of a brakeman or conductor on a
freight train on a line of railroad, he shall be deemed guilty of a misde
meanor, and shall be punished by a fine of not less than twenty-five dollars
nor more than five hundred dollars; and each day he so engages shall consti
tute a separate offense.
AR IZO N A — REVISED ST A T U T E S — 1913
157
P ar . 3150. Unlawful employment— I f any person shall knowingly engage,
promise, require, persuade, prevail upon or cause any person to do any act in
violation with the provisions of the two preceding sections of this chapter, he
shall be deemed guilty of a misdemeanor and shall be punished by a fine of
not less than twenty-five dollars, nor more than five hundred d ollars; and each
day he so engages shall constitute a separate offense.
P ar . 3151. Exemptions.— Nothing in this chapter. shall be construed as ap
plying to the running or operating of engines, in taking said engines to and
from trains at division terminals by engine hostlers, or the shifting of cars or
making up trains, or doing any work appurtenant thereto at engine houses,
train or freight yards by switchmen or yardmen, or in the case of the disability
of an engineer or conductor while out on the road between division terminals.
In case of emergency where such companies can not obtain the employees
mentioned in this chapter who have the qualifications prescribed by the pro
visions thereof, then such companies may employ temporary engineers and con
ductors who have not the qualifications prescribed by this chapter until such
trains reach their terminal.
P ar . 3152. Application of act.— The provisions of this chapter shall not apply
to any railroad company within this State or the receiver or lessee thereof,
whose line of railw ay is less than twenty-five miles in length.
Liab ility of employers for injuries to employees
P aragraph 3153. Title.— This chapter [pars. 3153-3162] is and shall be de
clared to be an employer’s liability law as prescribed in section 7 of Article
X V I I I of the State constitution.
P ar . 3154. Employer liable , when.— To protect the safety of employees in all
hazardous occupations in mining, smelting, manufacturing, railroad, or street
railway, transportation, or any other industry, as provided in said section 7
of Article X V I I I of the State constitution, any employer, whether individual
association, or corporation, shall be liable for the death or injury, caused by
any accident due to a condition or conditions of such occupation, of any em
ployee in the service of such employer in such hazardous occupation, in all
cases in which such death or injury of such employee shall not have been
caused by the negligence of the employee killed or injured.
P ar . 3155. Employment, hazardous.— The labor and services of workmen at
manual and mechanical labor, in the employment of any person, firm, associa
tion, company, or corporation, in the occupations enumerated in the next sec
tion hereof, are hereby declared and determined to be service in a hazardous
occupation within the meaning of the terms of the preceding section.
By reason of the nature and conditions of, and the means used and provided
for doing the work in, said occupations, such service is especially dangerous
and hazardous to the workmen therein, because of risks and hazards which are
inherent in such occupations and which are unavoidable by the workmen
therein.
P ar . 3156. List of hazardous occupations.— The occupations hereby declared
and determined to be hazardous within the meaning of this chapter are as
fo llo w s:
(1 )
. The operation of steam railroads, electrical railroads, street railroads,
by locomotives, engines, trains, motors, or cars of any kind propelled by steam,
electricity, cable or other mechanical power, including the construction, use or
repair of machinery, plants, tracks, switches, bridges, roadbeds, upon, over and
by which such railw ay business is operated.
(2 )
. A ll work when making, using or necessitating dangerous proximity to
gunpowder, blasting powder, dynamite, compressed air, or any other explosive.
(3 )
. The erection or demolition of any bridge, building, or structure in
which there is, or in which the plans and specifications require, iron or steel
framework.
(4 )
. The operation of all elevators, elevating machines or derricks or hoist
ing apparatus used within or on the outside of any bridge, building or other
structure for conveying materials in connection with the erection or demolition
of such bridge, building or structure.
(5 )
. A ll work on ladders or scaffolds of any kind elevated twenty feet or
more above the ground or floor beneath in the erection, construction, repair,
painting or alteration of any building, bridge, structure or other work in
which the same are used.
158
T E X T A N D A B R ID G M E N T O F LABOR L A W S
(6 )
. A ll work of construction, operation, alteration or repair where wires,
cables, switchboards, or other apparatus or machinery are in use charged with
electrical current.
(7 )
. A ll work in the construction, alteration, or repair of pole lines for tele
graph, telephone, or other purposes.
(8 )
. A ll work in or about quarries, open pits, open cuts, mines, ore reduction
works and smelters.
(9 )
. A ll work in the construction and repair of tunnels, subways and via
ducts.
(1 0 )
. A ll work in mills, shops, works, yards, plants and factories where
steam, electricity, or any other mechanical power is used to operate machinery
and appliances in and about such premises.
P ar . 3157. Rules , etc.— Every employer, whether individual, firm, associa
tion, company or corporation, employing workmen in such occupation, of
itself or through an agent, shall by rules, regulations, or instructions, inform
all employees in such occupations as to the duties and restrictions of their
employment, to the end of protecting the safety of employees in such em
ployment.
P ar . 3158. Employer liable , when.— W hen in the course of work in any of
the employments or occupations enumerated in the preceding section, personal
injury or death by any accident arising out of and in the course of such
labor, service and employment, and due to a condition or conditions of su^h
occupation or employment, is caused to or suffered by any workman engaged
therein, in all cases in which such injury or death of such employee shaltj
not have been caused by the negligence of the employee killed or injured, then
the employer of such employee shall be liable in damages to employee
injured, or, in case death ensues, to the personal representative of the de
ceased fo r the benefit of the surviving widow or husband and children of such
employee; and, if none, then to such employee’s parents; and, if none, then
to the next of kin dependent upon such employee, and, if none, then to his
personal representative, for the benefit of the estate o f the deceased.
P ar . 3159. Contributory negligence and assumed risk.— In all actions here
after brought against any such employer under or by virtue of any of the
provisions of this chapter to recover damages for personal injuries to any
employee, or where such injuries have resulted in his death, the question
whether the employee may have been guilty of contributory negligence, or has
assumed the risk, shall be a question of fact and shall at all times, regardless
of the state of the evidence relating thereto, be left to the jury, as provided
in section 5 of Article X V I I I of the State constitution: Provided , however,
That in all actions brought against any employer, under or by virtue of any
of the provisions of this chapter 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 ju ry in propor
tion to the amount of negligence attributable to such employee.
P ar . 3160. W aivers.— Any contract, rule, regulation, or device whatsoever,
the purpose or intent of which shall be to enable any employer to exempt
himself or itself from any liability created by this chapter, shall to that
extent be void: Provided , That in any action brought against any such em
ployer under or by virtue of any of the provisions of this chapter, such em
ployer may set off therein any sum it has contributed or paid to any
insurance, relief, benefit, or indemnity or that it may have paid to the injured
employee or his personal representative on account of the injury or death
for which said action w as brought.
P ar . 3161. Appeals.—An all actions fo r damages brought under the provi
sions of this chapter, if the plaintiff be successful in obtaining judgment, and
If the defendant appeals to a higher court, and if the plaintiff in the lower
court be again successful; and the judgment of the lower court is sustained
by the higher court or courts; then, and in that event the plaintiff shall
have added to the amount of such judgment by such higher court or courts,
interest at the rate of twelve per cent per annum cm the amount of such judg
ment from the date of the filing of the suit in the first instance until the full
amount of such judgment is paid.
P ar . 3162. Lim itation.— N o action shall be maintained under this chapter
unless commenced within two years from the day the cause of action accrued.
P ar . 3162a. Fee limited.— In any action brought under this chapter, or in
any action brought to recover damages fo r the death or injury of any em
ARIZO NA---- P E N A L CODE
159
ployee under any other la w of the State of Arizona, when such death or
injury w as sustained by such employee in the course of one of the occupa
tions by this chapter declared hazardous, it shall be unlawful for any
attorneys at law to receive or contract or agree to receive a fee or compensa
tion for his or their services as such attorney, or attorneys at law, a fee to
exceed twenty-five (25) per cent of the amount recovered and collected,
exclusive of costs. And any contract or agreement, or device whatsoever, in
violation hereof shall be null and void, and any attorney, or attorneys at law
violating this section shall forfeit all right to any fee or compensation
whatsoever in said action, and shall be deemed guilty of a misdemeanor and
shall be subject to disbarment.
Exemption of wages from execution
P aragraph 8302. Minor child.— [Subdivision 19 exempts earnings of a
minor child of a judgment debtor, if debt was not incurred fo r special benefit
of sueh child.
Subdivision 20 is the same as par. 1452 above.]
Wages as preferred claims
P aragraph 3677. Insolvency.— [W ages of miners, mechanics, salesmen, clerks
or laborers, not over $200 each, earned within 60 days of an assignment are
to be paid before other creditors.]
P ar. 3678. Death.— [Same classes of persons and sums rank next after
funeral expenses, expenses of last sickness, charges of administration, and
allowances to widow and infant children.]
P ar . 3679. Execution , etc.— [Same classes of persons may give notice cover
ing same amounts as above, which w ill be allowed unless contested by a party
in interest. I f contested, validity will be decided in summary procedure.]
Mine regulations
P aragraphs 4053-4091. State inspection; safety, etc.— [These paragraphs
contain provisions applicable to all mines, coal, metalliferous, or other.
A State inspector is elected, and first-aid appliances must be furnished, and
maps prepared. Other provisions relate to explosives, fire protection, escape
shafts, hoists, outlets, ventilation, light, protection against flooding, signals,
electric installations, wash rooms, etc. No boy under 18 may be employed
underground, as a hoisting engineer. W ash rooms are required if 25 or more
men are employed.]
P E N A L CO D E
Protection of employees as voters
S ection 44. Coercion, etc., by employers.— * * * It shall be unlawful
for any employer, either corporation, association, company, firm or person,
in paying its, their or his 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, express or implied,
intended or calculated to influence the political opinion, views or actions of such
employees. N or shall it be law ful for any employer, either corporation, as
sociation, 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 information that in case any particular ticket or candidate shall be elected,
work in its, their or his place or establishment w ill cease in whole o r in part, or
its, their or his establishment be closed, or the wages of 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. Any
person or persons, or corporation, violating any of the provisions of this sec
tion 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 prescribed in the next section.
S ec. 45. Same subject.— It shall be unlawful for any corporation or any officer
or agent of any corporation to influence or attempt to influence by force,
1(30
TEXT A N D
A B R ID G M E N T
OF LA B O R
LAW S
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 employee 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, violat ng any of the proviskr a
of this section, shall be deemed guilty of a misdemeanor and shall be punished
by a fine not exceeding five thousand dollars.
Railroads— Qualifications of telegraph and telephone operators
S ection 403. Eighteen-year age limit.— No railw ay company, or corporation
operating a line or lines of railw ay within this State, shall hire, employ, or
permit any person to act as a telegraph or telephone operator for the purpose
of receiving or transmitting messages, orders, or other instructions,. govern
ing or affecting, the movement of any train or trains, unless said person shall
be at least eighteen years of age and have had not less than one year’s ex
perience as a telegraph operator.
S ec . 404. Violations.— [Violation entails a fine of not less than $100 nor more
than $1,000 for each offense.]
Obtaining labor under false pretenses— Suits for wages
S ection 524 (a s amended 1921, ch. 26). Fraudulent hiring.— Any person, per4
sons, partnership, association, company, or corporation (his or its officers, di
rectors or agents), who or which shall employ upon wages any person or per
sons in any occupation, and who or which at the time of employing such
person or persons shall not have sufficient assets within the county in which
such work or labor is to be performed, over and above all exemptions al
lowed by law, to cover the amount of wages accruing to said employee or
employees for the term of two weeks, and who shall make any false representa
tions or pretenses as to having such assets, or who, after labor has been done
under such employment by said employee or employees, shall fail, upon the
discharge or resignation of such employee or employees, or for a period of
five days after such wages are legally payable, to pay said employee or em
ployees on demand, in the manner prescribed by law, the wages due such
employee or employees for such labor, shall be deemed guilty of obtaining
labor under false pretenses, and upon conviction thereof shall be punished
by imprisonment in the State penitentiary for a period not to exceed one year,
or by a fine not exceeding three times the amount of wages so d u e ; and upon
•prosecution therefor, a n d . conviction thereof, in the same proceeding, civil
judgment shall be rendered in favor of such employee or employees, and
against such person, persons, partnership, association, company or corporation
(his or its officers, directors or agents), for all such wages that may be un
paid, together with a reasonable attorney’s fee to be fixed by the court, and
which said judgment shall also include compensation to such employee or
employees at the same rate at which such wages were agreed to be paid,
from the time same became due until said judgment be satisfied, and said
judgment shall be and constitute a first and prior lien against the property
of such employer upon which said work and labor w as done and performed.
Payment of wages
S ection 704. Semimonthly pay days.— The State of Arizona, every department
and institution of the State, every county and municipal corporation within
the State, every contractor (whether individual, firm, partnership, association
or corporation) employed under contract by the State, or by any of said de
partments, institutions, counties, or municipal corporations, and every com
pany or corporation doing business in the State, shall designate regular days
not more than sixteen days apart as days fixed for the payment of wages to the
employees thereof, and shall post and maintain notices, printed or written,
in plain type or script, in at least two conspicuous places where said notices
can be seen by said employees as they go to and from their work, setting
forth said days as “ pay days,” and the State, and every such department,
institution, corporation or individual, shall pay on each of said days to its or
his employees in law fu l money of the United States, or in negotiable bank
checks, payable on demand, of the date of said day, all wages due said em
ARIZO N A — P E N A L CODE
161
ployees up to such pay day, except that said State, department, institution,
corporation, or individual may withhold wages for not more than five days’
labor due any employee remaining in the service thereof.
S ec. 705. Discharged employees.— Whenever an employee quits the service or
is discharged therefrom, such employee shall be paid whatever wages are
due him, in law fu l money of the United States of America, or by check of
even date, on a bank, and said wages shall be paid at once.
S ec. 706. Violations.— [Violation of the two preceding sections, except by
municipal corporations, is punishable by fine of not less than $50 nor more
than $500.]
The provisions of sections 705 and 706 are constitutional.
166 Pac. 275.
Arizona Power Co.
v.
State,
S ec. 707. Payment in law ful money.— Every employer within this State,
whether the State, a subdivision of the State, corporation, company, associ
ation, firm, or individual, shall pay any wages or compensation due any em
ployee thereof in law ful money of the United States or negotiable bank check
payable on demand, and dated not later than the day upon which said check
is given, said check to be drawn upon some bank or banker located and carry
ing on business in this State, and not otherwise.
S ec . 708. Penalty.— Any person, firm, association, or corporation paying
wages or compensation in any manner other than as provided in the preceding
section shall be guilty of a misdemeanor.
S ec. 700. Scrip , etc., to be redeemable in money.— It shall be unlawful for
any person, firm, company, or corporation, owning or operating any mines,
smelters, mills, or manufactory, or transacting any kind of general mercantile
business, in the State of Arizona, or any railroad company operating in the
State of Arizona, to sell, give, deliver, or in any manner issue directly or in
directly, to any person employed by him, in payment of wages due fo r labor, or
as advances on wages of labor not due, any scrip, check, draft, ticket, punch
out, due bill, store order or evidence of indebtedness payable, or redeemable
otherwise than in their face value in money; and any such person, acting
member or agent of any firm, acting agent or officer of any company or corpo
ration who shall violate any of the provisions of this section shall be deemed
guilty of a misdemeanor and upon conviction shall be punished by a fine not
over five hundred dollars or be imprisoned in the county jail not more than
six months nor less than one month.
S ec. 710. Coercion in trade.— Whoever compels, or in any manner seeks to
compel or coerce any employee or any person, firm, company or corporation, to
purchase goods or supplies from any particular person, firm, company, or corpo
ration shall be deemed guilty of a misdemeanor and upon conviction shall be
punished by a fine not less than five hundred dollars or be imprisoned in the
county jail not more than six months.
Protection of employees in exercise of civil rights
S ection 711. Intim idation.— It shall be unlawful for any person to induce or
compel, or attempt to induce or compel, by menace or threat, either directly
or indirectly, any other person to sign or subscribe, or to refrain from signing
or subscribing his name to any initiative, referendum, or recall petition, or
petition to any officer or official body, or, after signing or subscribing his name,
to have his name taken therefrom. Any direct or indirect menace or threat
that any person w ill or may be injured in his business or discharged from
any law ful employment in which he is engaged, or will not or shall not be
employed in any law fu l vocation or labor, shall be deemed a violation of
this act.
S ec. 712. Penalty.— [Violation shall be punished by a fine of not more than
$1,000, or by imprisonment for not more than six months, or both.]
Hours of labor in mines, smelters, etc.
S ection 713. Classes of employment.— The period of employment for all per
sons who are employed, occupied or engaged, in work or labor, of any kind or
nature, in underground mines or underground workings, open cut workings or
open pit workings, in search for or in the extraction of, minerals, whether
base or precious, or who are engaged in such underground mines, underground
workings, open cut workings, or open pit workings for other purposes, or who
are employed, engaged or occupied, in other underground workings of any
105446°— 25------11
162
T E X T A N D A B R ID G M E N T OE -LABOR L A W S
kind or nature, open cat workings o r open pit workings, fo r the parpose of tunneling, m aking excavations, or to accomplish any other parpose or design, or who are employed, engaged, or who work, in or about, or in
connection with, the operation of smelters, redaction works, stamp mills, con
centrating mills, chlorinating processes, cyanide processes, cement works, roll
ing mills, rod mills, and at coke ovens and blast furnaces, shall not exceed eight
hours within any twenty-four hours, and the said eight hours shall include the
time employed, occupied o r consumed, in descending to and ascending from
the point or place of work in any underground mine o r underground workings,
or the time employed, occupied or consumed in leaving the surface of any tunnel,
open cut, or open pit workings, for the point or place of work therein, and in
returning thereto from said point or place of work, and that it is the intent
and purpose of this act that the period of time between leaving the surface of
underground mines, underground workings, open cut workings, open pit work
ings, and tunnels, for the point, or place of work and in returning thereto from
said point or place o f work, shall not exceed eight hours within any twenty-four
hours: Provided, That in the case of emergency, where life or property is in
imminent danger, the period may be prolonged during the continuance of such
emergency: And provided, further, That nothing in this act contained shall be
deemed to prevent a change in the hours of employment from one part of the
day to another at stated periods, nor to prevent the employment of any of the
persons mentioned in this section for more than eight hours during the day in
which -such change is m ad e: And provided, however, That such Change in the
hours o f employment shall not occur more than once in any two weeks.
[Violation entails a fine of not less than $250 nor more than $500, or im
prisonment fo r not less than three nor more than six months, o r both, each day’s
violation constituting a separate offense.]
Ventilation of workrooms—Laundries
S ection 715. A ir space.— There shall be afforded not less than six hundred
cubic feet o f air to each worker or occupant of any laundry building or room,
and every room shall have at least two windows connecting w ith the external
a ir and so arranged as to provide a cross current o f air.
Employment of women—Eours of labor
S ection 717. Eight hours* work.— No female shall be employed or be per
mitted to work in any mercantile establishment, confectionery store, bakery,
laundry, hotel, restaurant, or telephone or telegraph office or -exchange, in this
State, more than eight hours during any one day or more than fifty-six hours
during any one w eek : Provided, That at least one honr for meals be allowed
each female during her working period, but mo part of such hour fo r meals shall
be included as a part of the permitted working period: Provide$ further, That
the said eight-hour period of work shall be performed within a period of
twelve hours, the period o f twelve hours during which such labor must be per
formed not to be applicable to railroad restaurants or eating houses located
upon railroad rights o f w ay and operated by or under contract with any rail
road company: And provided further, T h at in any such mercantile establish
ment, confectionery store, or bakery, where females are employed for six days
only in any one week, tw o additional hours (m aking a total working period of
ten hours) may be added to said permitted period o f daily labor on one o f said
six working-days, but in all cases tire permitted period of daily labor must be
performed within said period of twelve ho u rs: And provided further, That the
provisions o f this section shall not apply to females employed in any such tele
phone or telegraph office or exchange in which not more than three females are
employed or to female nurses.
S ec. 718. Evidence of violation.—-The employment of any female in any place
or establishment defined in the preceding section, at any time other than those
of tlie posted hours of labor, as herein provided for, shall be prima facie evi
dence o f a violation of this act.
S e c . 719. Schedule to be posted.— -Every employer shall post in a conspicuous
place in every room where such females are employed, a printed notice stating
the hours of commencing and stopping such work, the time allowed for dinner or
other meals, and the maximum number of hours any female employee is per
mitted to w ork in any one day.
S eg. 720. Violation .— [Violation is punished by fine of not less than $25, or
imprisonment for not less than 30 days, or both.]
A B IZ 9 N A — ACTS OF 1017
163
I N IT IA T E D L A W S — 1914
Blacklisting
(Page 8, Acts of 1915)
S e c t i o n 1 . Definition.— A black list is hereby defined and declared to be any
understanding or agreement whereby the names of any person or persons, lists
of names, descriptions or other means of identification shall be spoken, written,
printed or implied for the purpose of being communicated or transmitted be
tween two or more employers of labor, their bosses, foremen, superintendents,
managers, officers or other agents, whereby the laborer is prevented or pro
hibited from engaging in a useful occupation. Any understanding or agree
ment between employers, their bosses, foremen, superintendents, managers,
officers or other agents, whether written or verbal; and it w ill make no differ
ence whether the employers, their bosses, foremen, superintendents, managers,
officers or other agents act individually or for some company, corporation, syn
dicate, partnership or society; and it w ill make no difference whether they are
employed or acting as agents for one and the same or different companies,
corporations, syndicates, partnerships or societies, it shall come within the
meaning of this act.
S ec. 2. Black liM forbidden.— Any employer, boss, superintendent, manager,
Officer or other agent of any company, corporation, syndicate, partnership or
society who shall command or persuade any person to give a photograph, or to
fill out any written or printed form, or to make any verbal statements, or any
other method or means of identification as to whom his or her former employer
w a s; or any employer, boss, superintendent, manager, officer or other agent
who shall discharge any person or persons on account of his or her affiliation
with or membership in any corporation, organization or society, or because of
former discharge of, or because of any blacklist of, any former employer, shall
be guilty of a felony, and, upon conviction thereof, shall be imprisoned not
less than one (1 ) year nor more than five (5 ) years, and shall be liable in
damages to any person or persons injured by such violation to the amount of
not less than one thousand ($1,000) dollars, to be recovered by civil action.
S e c . 3 . Evidence.— The violation of any of the provisions of this act shall
be taken as prima facie evidence of a black list.
S e c . 4 . Separate offenses.— Each individual violation of the provisions of
this act shall constitute a separate offense; that is, this section shall be taken
to mean that any individual, company, corporation, syndicate, partnership or
society who shall blacklist more than one person is guilty of a separate and
distinct violation of the provisions of this act for each and every person so
blacklisted.
A C T S O F 1915
C hapteb
17.— Bureau of mines
S e c t i o n s 1, 2. Bureau created, duties.— [This act creates a bureau of mines
under the direction of the board of regents of the University of Arizona, for
a variety of technical and scientific purposes, but also to establish and main
tain a mine rescue car for service and training in mine rescue work, first aid
and general safety.]
A C T S O F 1917
C h a p t e r 21.— Free
S e c t i o n 1.
employment offices— State and Federal cooperation
State board of control.— The State board of control is hereby au
thorized and empowered, and it is made a part of the duty of said board of
control, to establish and maintain free employment offices in the State of
Arizona. Said free employment offices shall be conducted in cooperation with
and under the established rules and regulation of the Department of Labor
o f the United States.
S ec. 2. Appropriation.— For the establishment and maintenance of free em
ployment offices in the State of Arizona, as provided by section one of this
act, there is hereby annually appropriated the sum of $2,500, or as much thereof
as may be necessary. The appropriation made under the provisions of this
act shall be set apart by the State treasurer in a separate fund hereby desig
nated The Free Employment Office Fund. A ll moneys expended out of said
fund shall be under the authority and by the direction of the State board of
T E X T A N D A B R ID G M E N T OF LABO R L A W S
164
control. The State auditor is hereby authorized and directed to draw said
w arrant and the State treasurer is hereby directed to pay said w arrant from
said fund.
C hapter 22.— Payment of wages due deceased employees
S ection 1. Payment without administration.— The surviving husband or w ife
of any deceased person may, without procuring letters of administration, col
lect from any corporation, copartnership, association, or individual any sum
of money which said corporation, copartnership, association, or individual
may have owed such deceased person at the time of his or her death for wages
earned by such deceased person while in the employ of such corporation, co
partnership, association, or individual, provided said sum of money shall not
exceed $300.
S ec. 2. Procedure.— A ny corporation, copartnership, association or indi
vidual, upon receiving an affidavit stating that a person previously in the
employ of any such corporation, copartnership, association or individual is
dead, and that the affiant in such affidavit is the surviving husband or w ife
of such employee, as the case may be, and that the whole amount that such
corporation, copartnership, association or individual owed such deceased per
son at the time o f his or her death, does not exceed the sum o f $300, may pay
to such affiant any amount of such wages earned by said deceased person i f
the same does not exceed $300, and the receipt of such affiant shall be sufficient;
acquittance therefor.
A C T S O F 1918— S P E C IA L S E S S IO N
C hapter 38 (a s amended 1923, ch. 3 ).— Employment of women—Minimum wages
S ection 1. $16M0 per week.— N o person, persons, firm or corporation, trans
acting business within the State of Arizona, shall employ any female in any
store, office, shop, restaurant, dining-room, hotel, rooming-house, laundry or
manufacturing establishment at a weekly wage of less than sixteen dollars
($16.00) per week; a lesser amount being hereby declared inadequate to sup
ply the necessary cost o f living to any such female, to maintain her health,
and to provide her with the common necessaries o f life.
S ec. 2. Penalties .— [Violations are punishable by fine, $50 to $300, or im
prisonment, 10 to 60 days, or both, for each separate offense.]
A C T S O F 1919
C hapter 113.— Employment of children—School attendance
S ections 1-9. Attendance required.— [T his act requires school attendance to
16 years of age, unless 14 and excused to enter regular employment; also at
tendance in part-time school.]
C hapter 165.— Regulation of factories, etc.— Wash rooms in smelters and
foundries
S ection 1. Where required.— Suitable and proper bathrooms, wash rooms,
and water-closets shall be provided by the owner or operator of any smelter,
refinery, or foundry engaged in the treatment or reduction of ores or metals,
and all cement works and ore reduction works using oils, cyanide, acids, quick
silver and such water-closets shall be properly screened and ventilated, and
shall be kept at all times in a clean, sanitary condition, with not less than one
seat for each twenty-five persons, and one seat for each fraction thereof above
ten, employed in such establishment. One shower bath shall be provided fo r
every twenty-five men employed in such establishment with adequate additional
wash-room facilities, and at all times they shall be kept in a clean and sanitary
condition.
S ec. 2. Dressing room.— Every such establishment enumerated above shall
provide, maintain, and suitably equip a heated change room immediately con
tiguous to such establishment, which shall at all times be open to employees
and shall at all times be kept in a clean and sanitary condition.
S ec. 3. Enforcement.— The enforcement of the provisions of this act are de
clared necessary for the maintenance of the public health, and the superin
A R IZO N A — ACTS OP 1923
165
tendent of the State board of health is charged with the enforcement of the
provisions herein contained.
S ec. 4. Violations.— [Violation o f this act is punished by a fine of not less
than $50, nor more than $300, or imprisonment for not less than 10 nor more
than 60 days, or both.]
A C T S O F 1921
C h a pteb 73.— Mine regulations— 'Notice of operation, etc.
S ections 1, 2. Notice required.— [Notice is required to be given to the State
mine inspector whenever mining operations of any character are begun on prop
erty coming under his jurisdiction; also notice of suspension i f six or more
workmen have been employed.]
A C T S O F 1923
C h a pteb 10.— C ivil rights of employees—Protection as voters, etc.
S ection 1. Intim idation.— It shall be unlawful for any corporation, its offi
cers or agents, to make, enforce, or attempt to enforce, any order, rule, or reg
ulation, or adopt any other device or method to prevent an employee from
engaging in political activities, accepting candidacy for nomination or election
to, or the holding of political office, or from holding a position as a member
of any political committee; or from soliciting or receiving funds fo r political
purposes; or from acting as a chairman or participating in a political con
vention; or assuming the conduct of any political campaign; or fo r any cor
poration, its officers or agents to instigate, encourage, aid or assist, whether
by personal service or contributing money or anything of value, any employee
in its employ to run for or be elected to any political office; or for any cor
poration, its officers or agents to pay or contribute anything of value, whether
in wages, fees or contributions, to any such employee in its employ while such
employee is engaged in the official duties of the office to which such employee
is elected; or from casting his ballot or vote as his conscience may command:
**Provided , That nothing in this act shall be construed as prohibiting any em
ployer from suspending the wages or compensation of any employee elected to
office when the duties of such employee in such office shall interfere with the
duties of such employee to his employer.
S ec. 2. Penalty.— A ny corporation, its officers or agents, violating any of
the provisions of this act shall be guilty of a misdemeanor, and upon convic
tion thereof shall be punished, if a corporation, by a fine of not less than five
hundred dollars, nor more than five thousand dollars; and if an officer or agent
of any such corporation, by a fine of not less than five hundred dollars nor
more than five thousand dollars, or by imprisonment in the county ja il not less
than six months nor more than two years, or by both such fine and imprison
ment, in the discretion of the court.
C hapteb 77.—Employment on public works— Citizens to be preferred
[T his is a provision of the general appropriation act of 1923, but has been
regularly embodied in similar acts for a number of years.]
S ection 2. Preference.— In all cases where money appropriated under the
provisions of this act is or shall be expended for labor, only citizens of the
United States or wards of the United States shall be employed and actual
bona fide resident citizens of the State shall be given the preference whenever
such labor as may be required can be found within this State, and before any
labor can be sought outside of this State, either directly or indirectly, the per
son, * contractor, firm or corporation shall file with the State auditor a veri
fied written statement setting out in detail the effort put forth, showing his,
their, or its inability to secure labor as is required within this State, and if
the auditor is satisfied of such inability, then the auditor may execute a re
lease permitting the bringing into this State such citizens only of the United
States as may be needed fo r such work. Before any money herein appropriated
shall be paid out for labor or construction, a verified statement shall be filed
with the auditor, showing strict compliance with the provisions of this section.
I f the provisions of this section are not complied with, it shall be unlawful
to pay out any of the moneys herein appropriated; and any contract entered
into wherein the provisions of this section have not been complied with shall
be void; Provided , That nothing herein shall be construed to prevent the
working of prisoners by the State.
ARKANSAS
C O N S T IT U T IO N
A
r t ic l e
1 9 . —Mine
regulations, etc.
S e c t i o n 18. Laws to be passed.— The general assembly by suitable enact
ments shall require such appliances and means to be provided and used as
may be necessary to secure as fa r as possible the lives, health and safety o f
persons employed in mining and of persons traveling upon railroads and by
other public conveyances, and shall provide for enforcing such enactments by
adequate pains and penalties.
D IG E S T O F 1921
Wages as preferred claims—In administration
S e c t i o n 9 7 . Bank. — [ W a g e s r a n k w i t h
t h e f u n e r a l e x p e n s e s .]
e x p e n s e s o f la s t s ic k n e s s , n e x t
a fter
PubUe service—Safety appliances
S e c t i o n 1611 (a s amended 1921, No. 124). Safety .— Every person, firm, or
corporation engaged in a pnblic service business in this State shall establish
and maintain adequate and suitable facilities, safety* appliances, or other suit
able devices, and shall perform such service in respect thereto as shall be
reasonable, safe and sufficient fo r ♦ * * the safety and comfort o f its em
ployees, * * *
Railroads—Height of wires over tracks
1762. Trolley wires .— [Street railw ays using electric power must
maintain their wires at railroad crossings at a height o f not less than 22 fe e t ]
S e c t io n
Wages as preferred claims—In insolvency of corporations
S e c t i o n s 1798, 1799. Wages to be paid first.— (N o preferences are allowed in
insolvency of corporations other than wages and salaries of laborers and serv
ants. A ll other debts rank equally after the payment o f such wages and
salaries.]
Enticement of employees
S e c t i o n 2789.
Enticing workmen.— I f any person shall interfere with, entice
away, knowingly employ, or induce a laborer or renter who has contracted with
another person fo r a specified time to leave his employer o r the leased prem
ises, before the expiration of the contract without the consent of the employer
or landlord, he shall, upon conviction before any justice of the peace or cir
cuit court, be fined not less than twenty-five nor more than one hundred dollars,
and in addition shall be liable to such employer or landlord fo r a ll advances
made by him to said renter or laborer by virtue o f his contract, whether
verbal o r written, with said renter or laborer, and fo r all damages which he may
have sustained by reason thereof.
Tips for employees
S e c t i o n 2849. Tips to waiters , etc., forbidden.— It Shall be unlaw ful fo r any
steward, waiter, porter or other employee at any hotel, restaurant, cafe, or
eating house in the State of Arkansas to solicit or receive either directly or
indirectly, o r fo r any proprietor o r manager of any such hotel, restaurant,
cafe, or eating house, to permit any such steward, waiter, porter or other em
ployee to receive, either directly or indirectly, from any guest or patron any
gift, compensation or honorarium, or gratuity commonly known as a ** tip.”
S e c . 2850. Tips to porters, etc., on railroads forbidden.— It shall be unlawful
for any porter or other employee o f any sleeping car company or dining car
company or corporation or carrier operating any sleeping car or dining car in
this State, to receive, either directly or indirectly, any gratuity or compensa
tion commonly known as a “ tip,” and any sleeping or dining car company or
any common carrier o r corporation operating a sleeping or dining car in this
166
A R K A N S A S — D IG E S T
OP 1921
167-
State that permits an employee to accept or receive any gratuity or compensa
tion commonly known as a “tip,” shall be guilty o f a misdemeanor.
S ec. 2851. Penalty.— Any person, firm, corporation or common carrier violat
ing any of the provisions of this act shall be punished by a fine of not less
than ten dollars nor more than twenty-five dollars.
Protection of employees as voters
S ection 3809. Coercion, etc.,
by employers.— * * * N o person shall
coerce, intimidate or unduly influence any elector to vote fo r or against the
nominee of any political party, or for or against any particular question or
candidate, by any threat * * * of discharge from employment, * * *.
Any violation of this section shall be deemed a felony, and, on conviction, shall
be punished by imprisonment in the penitentiary not less than one year nor
more than three years.
Garnishment of wages of railroad employees
S ection 4907. Judgment to be recovered before issue of w rit.— Hereafter no
garnishment shall be issued by any court in any cause where the sum demanded
is two hundred dollars or less and where the property sought to be reached is
wages due to a defendant by any railroad corporation, until after judgment
shall have been recovered by plaintiff against defendant in the action.
Exemption of wages from garnishment— Unlawful assignments
S ection 5546. Amount.— [A ll wages fo r 60 days shall be exempt from
garnishment or other seizure, unless, taken with other personal property, the
total would exceed the limits of the constitutional exemption ($200 if single,
or $500 if m arried).]
Secs . 5547, 5548. Sending claims outside the State.— [Sending claims outside
the State or assigning them for collection with the intent of depriving resident
debtors of their rights under the exemption laws of the State, when the
parties are' within the jurisdiction of the courts of the State is a misdemeanor.]
Wages as preferred claims—In insolvency
S e c t i o n 5 8 8 8 . Amount.— [Salaries of employees earned within 3 months, and
all wages are to be paid first in the distribution of assets by receivers.]
Bureau of labor and statistics
S ection 6535. Bureau created.— A bureau of labor and statistics is hereby
created for a period of fifty years, which shall be under the charge and control
of a commissioner of labor and statistics.
S ec. 6536. Commissioner.— A commissioner of labor and statistics shall be
appointed by the governor immediately upon the taking effect o f this act, who
shall hold office until the first day of February, 1915, and until his successor
shall have been appointed and qualified, after which the term of office of each
commissioner shall begin on the first day of February of every odd numbered
year, and shall continue fo r two years, and until his successor is appointed and
qualified, and all appointments shall be made by the governor of this State.
The commissioner may be removed for cause by the governor, record thereof
being made in his office, and any vacancy shall be filled in the same manner as
the original appointment. The commissioner of labor and statistics shall give
bond in the sum o f two thousand dollars, with sureties to be approved by the
governor, conditioned fo r the faithful discharge of the duties of his office, and
he shall also take the oath of office prescribed by the constitution. H e shall
have an office in the capitol building, and, except as hereinafter provided, he
shall safely keep and shall deliver to his successor all records, papers, docu
ments, correspondence, and property pertaining to or coming into his hands by
virtue of his office.
S ec. 6537. Duties.— The commissioner of labor and statistics shall collect,
assort, systematize, and present in biennial reports to the governor statistical
details relating to all departments of labor in Arkansas, and especially as a f
fecting or bearing upon the commercial, social, educational, and sanitary con
ditions of the employees and their families, the means of escape from dangers
168
T E X T A N D A B R ID G M E N T OP LABOR L A W S
incident to their employment, the protection of life and health in factories and
other places of employment, the labor o f children and of women and the number
o f hours of labor exacted of them, and in general all matters and things which
affect or tend to affect the prosperity of the mechanical, 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 o f the me
chanical 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 United States, or in foreign countries, impart to them such
information as may tend to induce the location of manufacuring and producing
plants within the State, together with such information as may tend to increase
the employment of labor and the products of such employment in Arkansas.
S ec . 6538. Biennial reports.— In each biennial report the commissioner shall
give a fu ll statement of the business of the bureau, since the last preceding re
port, and such information as may be of value to the industrial interests and
to persons employed therein, showing among other things the number of
laborers and mechanics employed and the number of apprentices in each trade,
with the nativity of such laborers, mechanics and apprentices, the wages
earned, the savings 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 fo r 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 distributed in such manner as is or may be provided by
law.
S ec. 6539. Poxoers.— The commissioner of the bureau of labor and statistics
shall have the power to issue subpoenas, administer oaths, and take testimony
in all matters related to the duties herein required of the said bureau, but
such testimony must be taken in the vicinity of the residence or office of the
person testifying. Any person duly subpoenaed under the provisions of this
act who shall w illfully neglect or fail to attend or testify at the time and place
mentioned 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 of not to exceed fifty dollars or by imprisonment in the county ja il
for not to exceed thirty d a y s : Provided , however, That no witness shall be com
pelled to go outside of the county in which he resides in order to testify.
S ec . 6540. Reports by employers.— It shall be the duty of every owner, man
ager, and superintendent of every factory* mill, workshop, business house, public
or private work, or any other establishment or place where five or more per
sons are employed at work, to make to the bureau of labor and statistics, upon
blanks to be furnished by such bureau, such reports and returns as said bureau
may require for the purpose of securing such labor statistics as are contem
plated by this act, 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, man
ager, superintendent, or any other person in charge or control of any factory,
mill, workshop, store, business house, public or private work, or other estab
lishment 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 pro
visions of this act, shall be 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 ja il not to exceed thirty days.
S ec. 6541. Inform ation confidential.— In the reports made by the commis
sioner of labor and statistics to the governor, the names of individuals, firms,
or corporations supplying information under the provisions of this act shall
not be disclosed, nor shall the name of any such individual, firm, or corpora
tion be communicated to any person or persons, except such as are employed
in the bureau of labor and statistics, and any officer or employee of such
bureau violating any of the provisions of this section 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 ja il fo r not more than ninety days.
A R K A N SA S— D IG E ST OF 1921
169
Sec . 6542. Reports to be preserved.— N o report or return made to the said
bureau under the provisions of this act, 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 con
sidered 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.
S e c . 6543. Entering premises.— Upon the written complaint of two or more
persons or upon its failure otherwise to obtain informaton in accordance with
the provisions of this act, the commissioner of labor and statistics shall have
the power to enter any factory, mill, workshop, store, business house, public or
private work, or other establishment, or place where five or more persons are
employed at work, when the same is open or in operation, for the purpose
of gathering facts and statistics, such as are contemplated by this act, 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 in to the bureau of labor and
statistics a true and detailed record in writing.
S e c . 6544. Safety latvs.— Said commissioner shall make investigation con
cerning the operation of the various law s relating to the safety of the life
and limb of employees, and he shall take legal steps looking to the proper
enforcement and due observance of such laws.
S e c . 6545. Strikes and lockouts.— Said commissioner may inquire into the
cause of strikes and lockouts and other disagreements between employers and
employees; and, whenever practicable, offer his good offices to the contending
parties with a view of bringing about friendly and satisfactory adjustment
thereof.
S e c . 6546. Enforcement.— I f the commissioner of labor and statistics shall
learn of any violation of the law with respect to the employment of children,
or fire escapes, or the safety of employees, or the preservation of health, or
in any other way affecting the employees, he shall at once give written notice
of the facts to 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 or district attorney to whom such notice has
been given shall immediately institute the proper proceedings against the
guilty persons.
S e c . 6547. Hindering bureau.— Any owner, manager, superintendent, or other
person in charge or control of any factory, mill, workshop, store, business
house, public or private work, or other establishment 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 and 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 w ay prevent or deter him from collecting in
formation, shall be deemed guilty of a misdemeanor, and upon conviction
shall be fined in any sum not to exceed one hundred dollars or imprisonment
[sic] in the county jail for not to exceed sixty days.
S e c . 6548. Expenses.— The commissioner shall be allowed all necessary post
age, stationery, and other expenses of a similar character necessary to the
transaction of the business of the bureau, and the salaries and expenses
shall be paid as in the case of other State officers. The commissioner and his
deputy shall be allowed for his actual and necessary traveling expenses, while
in the performance of his duties under this act, but the total of the expenses
of said bureau, outside of the salaries paid, shall not exceed one thousand
five hundred dollars per annum.
Enticing workmen
Penalty .— [This section
is identical with sec. 2789 above, except that it is amended, without reference
to the earlier section, so as to make the maximum penalty $500 instead of
S e c t i o n 6570 (a s amended 1923, Spec. Sess., No. 34).
$ 100.]
Contracts of employment
S e c t io n
6878. Contracts made outside of State .— Contracts made with
laborers or employees beyond the limits of this State for labor or services to
be performed in this State shall be as binding as if entered into within the
State.
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T E X T A N D A B R ID G M E N T O F LABOR L A W S
S e c . 6879. Contracts to be in writing, when.— Contracts for services or labor
fo r a longer period than one year shall not entitle the parties to the benefits
o f this act, unless in writing signed by the parties, witnessed by two dis
interested witnesses, or acknowledged before an officer authorized by law to
take acknowledgments.
S e c . 6880. Acknowledgment►
— Such officer shall state in his certificate that
he read the contract aloud in the presence and hearing o f the laborers. F o r
taking such acknowledgment and making such certificate, he shall be entitled
to twenty-five cents: Provided , Not more than three laborers sign one con
tract ; if more than that number, then he shall receive ten cents for each ad
ditional laborer who shall sign and acknowledge the same, and five cents
per circular mile for traveling to and from the place of acknowledgment.
Contracts of married women, executed as above and approved by their hus
bands shall be binding.
S e c . 6881. Of minors.— The contract of a minor, when approved by the
parent having control of such minor, or, in case there be no parent, when
approved by his guardian, or the contract of any minor over fifteen, years
of age having neither parent nor guardian shall be binding: Provided , A
contract with such minor shall not be fo r a longer period than one year.
S e c . 6885. Discharge without cause.— I f any employer shall, without good
cause, dismiss a laborer prior to the expiration of his contract, unless by
agreement, he shall be liable to such laborer fo r the fu ll amount that w ould
have been due him at the expiration thereof, * * *
'
S e c . 6 8 8 6 . Abandonment of contract.— I f any laborer shall, without good
cause, abandon his employer before the expiration of his contract, he shall be
liable to such employer fo r the fu ll amount o f any account he may owe him,
and shall forfeit to his employer all wages or share of crop due him, or which
might become due him from his employer.
Railroads—Shelters for repair tracks
S e c t i o n 7075. Shelters required.— It shall be unlawful for any railroad com
pany or corporation, or other persons who own, control or operate any lines
o f railroad in the State of Arkansas, to build, construct or repair railroad
equipment, without first erecting and maintaining a t every division point a
building or shed over the repair tracks, same to be provided with a floor
where such construction or repair [w o rk ] is permanently done, so as to provide
that all men permanently employed in the construction and repair of cars,
trucks, and other railroad equipment, shall be under shelter during snows,
sleet, rain and other inclement weather.
S e c . 7076. Penalty .— Every corporation, person or persons, manager, super
intendent or foreman of any company, corporation, person or persons, who
shall fail or refuse to comply with the provisions o f this act after the 1st
day of November, 1905, shall be deemed guilty of a misdemeanor, and, upon
convicti-ofi thereof, shall be punished by a fine o f not less than twenty-five
dollars ($25) nor more than one hundred dollars ($100) ; and each and every
day that said railroad company, corporation, person or persons, manager, fore
man or agent of any such railroad company, corporation, person or persons, shall
refuse or fa il to comply with the provisions of this act, shall constitute a sepa
rate and distinct violation thereof.
This act is constitutional.
112 S. W. 150.
Hours of labor in saw and planing mills
S e c t i o n 7082.
Ten hours a day9s work.— Ten hours shall constitute a legal
day’s work for all classes of workingmen and laborers, designated in the fol
lowing section.
S e c . 7083. Application of law.— This act shall apply to all associations of
persons, companies, or corporations, engaged in the business of operating or
constructing saw and planing mills in this State, and to all workingmen and
laborers now, or hereafter to be employed by any such association, company,
or corporation, in any department relating to the running and management of
said mills.
S e c . 7084. Violations.— [Violation by exacting longer hours or discharging
an employee by reason of refusal to work longer hours is punishable by a fine
o f not less than $25 nor more than $200. Each day’s violation is considered
a separate offense. Employer and employee may contract fo r a less number
o f hours.]
A R K A N SA S— D IG E ST OF 1921
171
Employment of children— General provisions
7085. Age lim it.— [Employment in any remunerative occupation is
forbidden to children under 14, except during vacation, in occupations owned
o r controlled by their parents or guardians.]
S e c . 7086. Employments forbidden.— [Children under 16 may not be em
ployed in occupations dangerous to life or limb, health or morals, or in theatri
cal o r other exhibitions.]
S e c s . 7087, 7089. Danget'ous occupations.— [The employment of children
under 16 is forbidden in designated dangerous occupations. (F o r a similar list
see secs. 3145, 3148, Delaw are C od a)
The State board of health may, after hearing, declare other occupations dan
gerous, and within such prohibitions, subject to an appeal to court.]
S e c . 7090. Hours; children under 16.— [Children under 16 may not work
more than 8 hours per day, nor more than 6 days or 48 hours per week, nor
between 7 p. m. and 6 a. m.]
S e c . 7091. Sam e; minors under 18.— [M inors under 18 may not be employed
more than 10 hours per day, nor more than 6 days or 54 hours per week, nor
between 10 p. m. and 6 a. m.]
S e c s . 7092-7095. Certificates.— [Certificates issued by the school authorities
are required for the employment o f children under 16; no one may issue such
certificate for employment by himself. Rules o f evidence as to age may be
laid down by the issuing authorities.]
S e c s . 7096, 7097. Enforcement.— [The commissioner o f labor and statistics,
factory inspectors, truant officers, probation officers, agents of the humane
society, and other authorized inspectors may visit places where children are
employed to ascertain and report as to compliance with the la w ; it is also
their duty to make complaints of violations and prosecute violators in the
courts.]
S e c . 7099. Violations.— [Penalties of not less than $5 nor more than $500
are incurred by parents, custodians, or employers violating the law .]
S e c t io n
Employment of women— General provisions
S e c t i o n 7100. Seats to be provided.— In every manufacturing, mechanical,
mercantile and other establishment in this State where girls or women are
employed, there shall be provided and conveniently located seats sufficient to
comfortably seat such girls or women, and during such times as such girls
or women are not necessarily required by their duties to be upon their feet
they shall be allowed to occupy the seats provided.
S e c . 7101. Violations.— [Violation entails a penalty of not less than $10 nor
more than $50, each day’s neglect constituting a separate offense.]
,S e c . 7102. Hours of labor.— N o female shall be employed in any manufactur
ing, mechanical or mercantile establishment, laundry, or by any express or
transportation company, in this State fo r more than nine hours in any one
day, or more than six days, o r more than fifty-four hours in any one week 4
Provided , however, That the present law governing the employment of children
under 16 years of age shall not be repealed by this act
S e c . 7103. Eig h t work.— N o female under 18 years of age shall be employed
or permitted to work in, or in connection with, any of the establishments or
occupations named in section 7102 before the hour of 7 o’clock in the morning,
or after the hour o f 9 o’clock in the evening of any one day.
S e c . 7104. Time for meals,— No female shall be employed or permitted to
work more than six hours continuously at any one time in any establishment
or occupation named in section 7102, in which three or more females are em
ployed, without an interval of at least three-quarters of an hour, except that
such female may be so employed fo r not more than six and one-half hours
continuously at one time i f such employment ends not later than half past
1 o’clock in the afternoon, and if she is then dismissed for the remainder of
the day. The time allowed for noon luncheon shall not be less than threequarters of an hour.
S e c . 7105. Schedule to be posted.— Every employer shall post and keep posted
in a conspicuous place in every room in any establishment or occupation named
in section 7102 in which females are employed, a printed notice stating the
number of hours such females are required or permitted to work on each day
of the week, the hours of beginning and ending, the recess allowed for meals.
The printed form of such notice shall be furnished upon application, by the
172
T E X T A N D A B R ID G M E N T O F LABOR L A W S
commissioner of labor and statistics. The employment o f any such female
for longer time in any one day than that stated in a printed notice shall
be deemed a violation of the provisions of this section. W here the nature
of the business makes it impracticable to fix the recess allowed fo r meals at
the same time for all females employed, the commissioner o f labor and
statistics may issue a permit dispensing with the posting of the hours when
the recess for meals begins and ends, and requiring the posting of only
the total number of hours that females are required or permitted to work on
each day of the week and the hours of beginning and stopping such w o rk ;
such permit shall be kept by such employer upon such premises and exhibited
to all inspectors authorized to enforce this act.
S e c . 7106. Records.— Every employer shall keep a time book or record of
every female employed in any establishment or occupation named in section 7102
stating the wages paid, the number of hours worked by her on each day of
the week, the hours of beginning and ending such work and the hours of be
ginning and ending the recess allowed for meals. Such time books or records
shall be open at all reasonable hours to the inspection of the officials authorized
to enforce this act. Any employer who fails to keep such record as required by
this section, or makes any false statements therein, or refuses to exhibit such
time book or record, or makes a false statement to any official authorized to
enforce this act in reply to any question put in carrying out the provisions
of this act, shall be liable fo r violation thereof.
}
S e c . 7107. Enforcement.— The commissioner of labor and statistics, or any^
person duly authorized by him, may, in the discharge of their duties, enter
any establishment or occupation where females are employed mentioned in
section 7102 as often as practicable during reasonable hours and shall cause
the provisions of this act to be enforced therein, and have fu ll police power
in enforcing compliance therewith.
S e c . 7108. Minimum wage rate.— It shall be unlawful fo r any employer of
labor mentioned in section 7102 to pay any female worker in any establish
ment or occupation less than the wage specified in this section, to wit, except
as hereinafter provided: A ll female workers who have had six months’ prac
ticable [practical] experience in any line of industry or labor shall be paid
not less than $1.25 per day. The minimum wage for inexperienced female
workers who have not had six months* experience in any line of industry, or
labor shall be paid not less than $1.00 per d a y : Provided, That any inexper
ienced female workers or apprentices shall be given a certificate by their em
ployers showing the amount of experience they have had, and all time served
as inexperienced workers or apprentices shall be cumulative. A ll female work
ers working less than nine hours per day shall receive the same wages per hour
as those working nine hours per day.
S e c . 7109 (a s amended 1921, No. 140). Variations.— Whenever it can be
shown beyond question of doubt that it would work irreparable injury to any
industry engaged in handling products, such as canning factories and candy
factories, to comply with the provisions of the act, regarding hours, a com
mission to be known as the “ Industrial W e lfare Commission,” hereinafter pro
vided for, consisting of the commissioner of labor and statistics as ex officio
chairman and two men and two women, may by majority vote, after hearing
duly held in which all interested parties may have an opportunity to be heard,
permit such industry to operate more than nine hours per d a y : Provided , That
women so employed are paid at the rate of time and one-half for each hour
worked in excess of nine hours in any one day: Provided, further, That said
period in which overtime may be worked shall not exceed ninety days in any
one year: Provided , further, That said industrial w elfare commission shall
consist of one woman and one man representative of employers, and one woman
and <sne man representative of employees. One woman and one man member
of the commission shall be appointed by the governor and one woman and one
man member of the commission shall be appointed by the commissioner of
labor and statistics. A ll members to serve without salary and shall hold
office for terms of two years each or until their successors are appointed and
qualify.
S e c . 7110 (a s amended 1921, No. 140). Piecework.— A ll females employed in
anty industry in this State, who are paid upon a piecework basis, bonus sys
tem, or any other manner than by the day, shall be paid not less than* the
rate per day herein specified for female employees who are working on the
day rate system, and the industrial w elfare commission shall investigate, upon
complaint, any line of industry wherein females are employed, and if in their
A R K A N SA S— DIG E ST OF 1921
173
judgment said system of piecework is working an injury to the general health
of the employees, they may, after hearing duly held, issue an order com
pelling said firm to abolish piecework or any other injurious system, and
establish a daily rate of wages for all female employees, said rate, not to be
less than the rate specified in section 7108.
S e c . 7111. Findings of commission.— I f said commission should find, after an
investigation, that a lower minimum rate of wages is adequate to supply a
woman or minor female worker engaged in any occupation, trade, or industry
the necessary cost of proper living and to maintain the health and w elfare of
such woman, or minor female workers, [they] may, after a public hearing duly
held, at which time all interested employers and employees are given a reason
able opportunity to present their arguments, issue an order establishing a
minimum w age rate that in their judgment is reasonable, and said rate so
established shall be the legal minimum wage in the industry or occupation
affected, and should said commission find, after said investigation, that the
minimum wage specified in section 7108 is insufficient to adequately supply
a woman or minor female worker engaged in any occupation, trade, or industry,
the necessary cost of proper living and to maintain the health and w elfare of
such woman or other female worker, [they] may, after public hearing duly
held, at which time all interested parties are given a reasonable opportunity
to present their argument, issue an order establishing a higher minimum wage
fo r female workers that in the judgment of the commission is reasonable, and
said minimum wage rate so established by said commission shall be the legal
minimum w age in the industry or occupation affected.
S e c . 7112. Hotels, restaurants, etc.— Said commission, after a public hearing
duly held, at which all interested persons are given an opportunity to present
arguments, may establish regulations governing the employment of females in
hotels and restaurants: Provided , Said rules and regulations shall not permit
female workers to be employed in excess of nine hours in any one day, nor at
a lower rate of wages than w ill supply said female employees the cost of
proper living, and safeguard their health and welfare. The rate of wages
established by the commission shall not be greater than the rate of wages
specified in section 7108.
S e c . 7113. Violations.— [F ailu re to comply with the provisions of this act or
the violation thereof entails a fine of not less than $25 nor more than $100,
each day of noncompliance constituting a separate offense.]
S e c . 7114. Industries not affected.— Should any section or sections of this
act be held invalid by the court, it shall not thereby be understood as affecting,
and shall not affect, the other provisions of this a c t: Provided , This act shall
not apply to cotton factories, or to the gathering of fruits or farm products in
Arkansas.
Railroads—Hospitals for employees
7115. Hospitals to be maintained within State.— Every railroad
company or corporation operating railroads in this State who have heretofore
collected or received hospital fees from their employees or who may hereafter
collect or receive such hospital fees from such employees, shall provide hos
pital facilities in this State of such capacity and equipment as w ill be suffi
cient for the care, needs, and accommodation of their sick or injured employees
who are residents of this State. Any such employees injured while in the
service of any such railroad shall not be taken or sent out of the State for
treatment. [Violation entails a fine of not less than $100 nor more than $500,
each day constituting a separate offense.]
S e c t io n
Employment of women— Toilet and lunch rooms
S e c t i o n 7116. Separate provisions.— [Separate toilet and wash rooms for
men and women shall be provided in establishments where six or more men
and women are employed. W here practicable, lunch rooms shall be provided
for women employees; and where impracticable, woman workers shall be al
lowed one hour for lunch and may leave the establishment during such hour.]
S e c s . 7117, 7118. Enforcement; penalty.— [Enforcement rests with the com
missioner of labor, whose orders must be complied with within 30 days. Vio
lations are punishable by a fine of not less than $10 nor more than $100, each
day constituting a separate offense.]
174
T E X T A N D A B R ID G M E N T OF LABOR L A W S
Bonds of railroad employees
S ections 7121-7123. Freedom of choice; nonresident bondsmen.— [Employees
of common carriers required to give bond may not be required* to apply to any
particular* person, etc., and any bond may be rejected only fo r financial in
sufficiency. Nonresident bondsmen may be accepted only when they have a
designated agent in the State.
Bonds must be fo r fixed terms, and may not be canceled without the consent
of all parties, except fo r breach of conditions of which notice must be given.]
Payment of wages—Discharged employees—Scrip
S e c t i o n 7125 (a s amended 1905, No. 210). Railroad employees.— Whenever
any railroad company or corporation or any receiver operating any railroad
engaged in the business of operating or constructing any railroad or railroad
bridge, shall discharge with or without cause or refuse to further employ any
servant or employee thereof, the unpaid wages of any such servant or employee
* then earned at the contract rate, without abatement or deduction, shall be and
become due and payable on the day of such discharge or refusal to longer em
ploy ; any such servant or employee may request of his foreman or the keeper
of his time to have the money due him, or a valid check therefor, sent to any
station where a regular agent is kept, and if the money aforesaid, or a valid
check therefor, does not reach such station within seven days from the date it
is so requested, then as a penalty for such nonpayment the wages of such serv
ant or employee shall continue from the date of the discharge or refusal to
further employ, at the same rate until p aid : Provided , Such wages shall not
continue more than sixty days, unless an action therefor shall be commenced
within that time: Provided further, That this act shall apply to all companies
and corporations doing business in this State, and to all servants and employees
thereof, and any such servants or employees who shall hereafter be discharged
or refused further employment may request or demand the payment of any
w ages due, and i f not paid within seven days from such discharge or refusal
to longer employ, then the penalties hereinbefore provided for railw ay em
ployees shall attach.
S e c . 7126. Benefits not available, when.— N o such servant or employees who
secretes or absents himself to avoid payment to him, or refuses to receive .the
same when fully tendered, shall be entitled to any benefit under this act for
such time as he so avoids payment.
S e c . 7127. Action for wrongful discharge.— A n y s u c h s e r v a n t o r e m p l o y e e
w h o s e e m p lo y m e n t i s fo r a d e fin ite p e r io d o f tim e , a n d w h o i s d is c h a r g e d
w it h o u t c a u s e b e fo r e t h e e x p ir a t io n o f s u c h tim e , m a y , in a d d itio n to th e p e n a l
t ie s p r e s c r ib e d b y t h is a c t, h a v e a n a c tio n a g a in s t a n y s u c h e m p lo y e r fo r a n y
d a m a g e s he* m a y h a v e s u s t a i n e d b y r e a s o n o f s u c h w r o n g f u l d i s c h a r g e , a n d
s u c h a c tio n m a y b e jo in e d w it h a n a c tio n f o r u n p a id w a g e s a n d p e n a lt y .
This act i3, as to natural persons, an invasion of their constitutional rights, hut is
valid exercise of the power of the State with reference to corporations. “ Without
abatement or discount ” means without discount on account of payment before due under
the contract, but does not forbid offsets for damages sustained by an employee’s failure
to perform his contract. 58 Ark. 407.
The act is constitutional. 15 Sup. Ct. 1042.
The penalty does not attach until the company has ascertained, or by reasonable
diligence could ascertain, the amount actually due. 65 S. W. 429.
The plaintiff must show strict and actual compliance with the requirements as to
notice and demand, as in actions under statutes of this class nothing will be taken by
intendment. 114 S. W. 240.
S ecs . 7128-7130. Payment in scrip , etc.— [T h e payment o f wages in scrip, by
tokens, draft, etc., payable or redeemable otherwise than in law ful money at
the next regular pay day is forbidden; so also to coerce or to attempt to co
erce employees to purchase goods or supplies in payment of wages from any
corporation, company, firm, or person; or directly or indirectly to sell to em
ployees in payment of wages any goods or supplies at prices higher than a
reasonable or current market value for cash. These provisions “ do not apply
to coal mines when less than twenty men are employed under the ground.” *]
1This final provision appeared in earlier acts, and was said by the supreme court of
the State to “make an unlawful discrimination,” and the acts were declared unconsti
tutional (Union Sawmill Co. v . Felsenthal (1908), 84 Ark. 494, 108 S. W. 217). The
above section would seem to be void for the same reason. An act of 1901 (No. 101)
requires the redemption of scrip at face value, and its acceptance as cash in any com
missary of the company issuing the same, and was said by the court to be “if valid, in
full foroe ” ; i. a , it had not been repealed by the later acts found unconstitutional.
A R K A N SA S— D IGEST OP 1921
175
Sec. 7131. Semimonthly pay day.— A ll corporations doing business in this
State who shall employ any salesmen, mechanics, laborers or other servants
fo r the transaction of their business shall pay the wages of such employees
semimonthly.
Sec . 7132. Violations.— [Violation of section 7131 is punishable by not less
than $50 nor more than $500 fine.]
This statute is constitutional.
S. W. 1001.
Contracts waiving its provisions are void.
125
Assignments of wages
S e c t i o n 7133.
Employer to accept.— No assignment or order for wages to be
earned in the future to secure a loan of less than two hundred dollars, shall be
valid against any employer of the person making any such assignment or order,
until said assignment or order is accepted in writing by the employer and said
assignment or order and the acceptance of same has been filed with the re
corder of the county where the party making the assignment or order resides,
if a resident of the State where he is employed.
Sec . 7134. W ife's consent.— No assignment of or order for wages to be
earned in the future shall be valid when made by a married man, unless the
written consent of his w ife to making such assignment or order for wages
shall be attached thereto.
Blacklisting—False reports
S e c t i o n 7135. Blacklisting forbidden.— Every person who shall, in this State,
send or deliver, or shall make o r cause to he made for the purpose of being
delivered or sent, or shall part with the possession of any paper, letter, or
writing, with or without a name signed thereto, or sign wjth a fictitious name,
or with any letter, mark or other designation, o r shall publish or cause to be
published any false statement for the purpose o f preventing such other person
from obtaining employment in this State or elsewhere, and every person who
shall “ blacklist ” any person or persons, fey writing, printing, publishing, or
causing the same to be done, the name or any mark or designation represent
ing the name of any person in any paper, pamphlet, circular, or book, together
with any false statement concerning said person so named, or shall publish
that any one is a member o f any secret organization, for the purpose of pre
venting such other person from securing employment, or any person who shall
do any of these things mentioned in this section for the purpose of causing
the discharge o f any person employed by any railroad or other company,
corporation or individuals, shall on conviction, be adjudged guilty of a mis
demeanor and be fined in the sum of not less than one hundred dollars, nor more
than five hundred dollars, or imprisonment in the county ja il for twelve
months, or both such fine and imprisonment.
S e c . 7136. False charges as to collection of transportation money.— Every
person who shall by any letter, mark, sign or designation whatever, or by
any verbal statement, falsely and without probable cause, report to any rail
road 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 and without probable cause report that any
conductor, brakeman, engineer, fireman, station agent or other employees of
any such railroad company, corporation, individual or individuals, neglected,
failed or refused to collect any money for transportation of persons or
property when it was their duty so to do, shall, on conviction, be adjudged
guilty of a misdemeanor, and shall be fined in any sum not less than one
hundred dollars, nor more than five hundred dollars.
Liab ility of employers for injuries to employees
S e c t i o n 7137. In ju ry caused by negligence.— A ll railroad companies op
erating within this State, whether incorporated or not, and all corporations
of every kind and character, and every company whether incorporated or not,
engaging in the mining of coal, who may employ agents, servants or employees,
such agents, servants or employees being in the exercise of due care, shall
be liable to respond in damages fo r injuries or death sustained by any such
176
T E X T A N D A B R ID G M E N T OF LABOR L A W S
agent, employee or servant, resulting from the careless omission o f duty or
negligence of such employer, or which may result from the carelessness, omis
sion of duty or negligence of any other agent, servant or employee of the
said employer, in the same manner and to the same extent as if the careless
ness, omission o f duty or negligence causing the injury or death w as that of
the employer.
This act is constitutional. 113 S. W. 796. It applies to all corporations, 123
S. W. 759; but not to partnerships generally. 129 S. W. 532.
The employee assumes the risks of the negligence of a fellow-servant only in so
far and subject to the same principles of proof as if it were the negligence of the
employer. 119 S. W. 1123.
Sec . 7138. Acts of fellow servants.— Every common carrier by railroad in
this State shall be liable for all damages to any person suffering injury while
he is employed by such carrier, or, in case of the death of such employee,
to his or her personal or legal representative, for the benefit of the surviving
w idow or husband and children or such employee; if none, then to such em
ployee’s parents; if none, then to the next of kin of such employee, for such
injury or death resulting in whole or in part from the negligence of any of
the officers, agents, or employees of such carrier, or by reason of any insuf
ficiency of clearance of obstructions, of strength of roadbed and tracks or
structures, or machinery and equipment, of lights and signals in switching
and terminal yards, or rules and regulations and of number o f employees to
perform the particular duties with safety to themselves and their coemf
ployees, or o f any other insufficiency; or by reason o f any defect, which defect'
is due to its negligence in its cars, engines, motors, appliances, machinery,
track, roadbed, boats, works, wharves or other equipment.
S ec . 7139. Employer’s knowledge assumed.— I f the employee of any such com
mon carrier shall receive any injury, or shall be killed by reason of any defect
in any car or cars, engines, motors, appliances, machinery, track, roadbed,
works, wharves, or other equipment owned, operated or used by such com
mon carrier, such common carrier shall be deemed to have had knowledge of
such defect before and at the time such injury is sustained or death caused, and
when the fact of such defect shall be made to appear in the trial of any action
in the courts o f this State brought by such employee or his or her personal or
legal representative against any such common carrier for damages on account
of such injuries so received or death so caused, the same shall be prima facie
evidence of negligence on the part of such common carrier.
Sec . 7140. Comparative negligence.— In all rights o f action hereafter aris
ing within or by virtue o f this act or any provision of the same for personal
injury to an employee, or where such injury has resulted in his death,
the fact that an employee may have been guilty of contributory negligence
shall not bar a recovery: Provided , That the negligence o f such employee
w as of a lesser degree than the negligence of such common carrier, its
officers, agents or employees: Provided , further, 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, its officials,
agents or employees, of any law enacted fo r the safety of employees or pensons contributed to the injury or death of such employee, and such employee
shall not be held to have assumed the risk of his employment in any action
arising out of any of the provisions of this act.
Sec . 7141. Definition.— The words “common carrier by railroad,” or “com
mon carrier” as used in this act, shall be taken to embrace any company,
association, corporation, or person, managing, maintaining, operating, or in
possession o f a common carrier operating upon rails or tracks in whole or
in part within this State, whether as owner, contractor, lessee, mortgagee,
trustee, assignee or receiver.
Sec . 7142. W aivers.— N o contract of employment, insurance, relief benefit,
or indemnity for injury or death entered into by or on behalf of any em
ployee nor the acceptance of any such insurance, relief benefit, or indemnity
by the person entitled thereto, shall constitute any bar or defense to any
action brought to recover damages fo r personal injuries, to, or death of
such employees: Provided , however, That upon the trial of such action, the
defendant may set off therein any sum it has contributed toward any such
insurance, relief benefit or indemnity that may have been paid to the injured
employee, or in case of death, to his personal or legal representative.
S ec. 7143. Construction of statute.— Nothing in this act shall be held to
limit the duty of common carriers by railroad, or impair the rights of their
employees in the existing law s of the State.
A R K A N S A S — D IG E ST OF 1921
177
S e c . 7144. Liability for negligence.— Every corporation, except while engaged
in interstate commerce, shall be liable in damages to any person suffering in
ju ry while he is employed by such corporation, or, in case of death of such
employee, to his or her personal representative for the benefit o f the surviving
widow or husband and children of such employee; and, if none, then o f such
employee’s parents; and, if none, then of the next of kin o f such employee,
for such injury or death resulting in whole or in part from the negligence
[o f such corporation or from the negligence] o f any o f the officers, agents
tor employees of such corporation.
S e c . 7145. Comparative negligence.— In all actions hereafter brought against
•*ny such corporation under or by virtue of any of the provisions o f this act to
ecover damages for personal injuries [to an employee, or where such injuries]
*ave resulted in his death, the fact that the employee may have been guilty
jif contributory negligence shall not bar a recovery, but the damages shall be
diminished by the ju ry (and not by the court) in proportion to the amount o f
•'egligence attributable to such employee: Provided, That no such employee
'ho may be injured or killed shall be held to have been guilty of contributory
egligence in any case where th e violation by such corporation of any statute
nacted fo r the safety o f employees contributed to the injury or death of
ich employee.
S e c . 7146. Risk not assumed, when,.— In any action against any corporation
under or by virtue of any of the provisions of this act to recover damages for
injuries to, or the death of, any of its employees, such employee shall not be
held to have assumed the risk o f his employment in any case where the viola
tion by such corporation of any statute enacted fo r the safety of employees
contributed to the injury or death of such employee.
S e c . 7147. Contracts of exemption void.— A n y contract, rule, regulation or
device whatsoever the purpose or intent of which shall be to enable any such
corporation to exempt itself from any liability created by this act, shall to
that extent be void: Provided, That in any action brought against any such
corporation under or by virtue of any o f the provisions of this act, such
corporation 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 o f the injury or death for
which said action w as brought.
S e c . 7149. Definition.— The word “corporation” as used in this act shall in
clude the receiver or receivers or other persons charged with the duty of the
management and operation o f the business o f such corporation.
S e c . 7150. Survival of action.— Any right o f action given by this act to a
person suffering injury shall survive to his or her personal representative for
the benefit o f the surviving widow or husband and children o f such employee,
and, if none, then o f such employee’s parents, and, if none, then of the next
o f kin of such employee, but in such cases there shall be only one recovery for
the same in ju ry: Provided, This act shall not apply to railroad corporation
and shall not amend nor repeal any part o f sections 7138 to 7143.
Mine regulations
7249 (a s amended 1923, No. 120). Inspector.— [The governor ap
points an inspector fo r a term o f two years, “and until his successor shall
have been appointed and qualified.” H e must have had 8 years’ experience
as a practical miner, and not be connected with any mining interest. H is
salary is $3,000 per year.]
S e c . 7250. Bond.— [A bond o f $5,000 is required, conditioned on the faithful
performance o f his duties.]
S e c . 7251 (a s amended 1923, No. 120). Expenses.— [A stenographer to act as
clerk may be employed at $1,200; other office expenses $450, and traveling ex
penses up to $1,200 per annum are allowed.]
S e c s . 7252-7259. Inspection, etc.— [T he inspector must give all his time to
his duties, examining all mines as often as necessary, at least every three
months; machinery, ventilation, drainage, the number o f accidents, compliance
with the laws, etc., are to be investigated and reported on annually to the
governor. Orders may issue fo r the prompt correction of unsafe or dangerous
conditions, and courts may, on complaint, enjoin operations until compliance.
Inspectors may also make arrests o f violators. Penalties lie fo r obstructing
inspection, and fo r the failure o f inspectors to perform their duties. The
above provisions do not apply to mines in which less than 10 men are employed
underground in 24 hours.]
S e c t io n
105446*— 25----- 12
178
T E X T A N D A B R ID G M E N T OF LABO R L A W S
S ec. 7260 (a s amended 1921, No. 100)-7286. Provisions for safety; weigh
ing coal; child labor.— [M aps are required, to be filed annually with the clerk
of the county court and with the State mine inspector. Escape shafts, ven
tilation, bore-holes, signaling, the safe construction and operation of cages, the
supply of prop timbers, the use of illuminating oils and methods Of working
are regulated.
N o boy under 14 and no female may be employed in a mine, nor a boy
under 16 if unable to read and write. Engines hoisting workmen must be in
charge of experienced engineers, at least 18 years of age.
Reports and investigation of accidents are provided for, and emergency
supplies must be kept at mines working 10 or more men underground. In
times of high w ater endangering safety, the miners must be called o u t W here
a fire boss is employed, inspections must be made daily.
The weighing of coal before screening is .required unless otherwise arranged.
Weighmen and checkweighmen are provided for the testing o f weights, etc.]
S e c s . 7287-7292. Wash houses.— [W a s h houses are to be furnished at mines
employing 10 or more persons, properly equipped and maintained, with sepa
rate provisons for whites and blacks. Employees are responsible fo r thei
own towels, soap, and locks fo r lockers or hangers.]
S e c s . 7317-7325. Examining board.— [ A State board, appointed by the gov
ernor, examines applicants for employment as fire bosses, hoisting engineers
mine foremen, mine inspectors and assistant inspectors. Requirements relate
to age, citizenship, experience, and technical training. Fees vary from $3 to
$10 for the different examinations and certificates. Revocation for cause is
provided for, and penalties for forgery, or for violations of the law .]
Payment of wages—Discounting
S e c tio n 7356. Discounts restricted.— It shall be unlawful for any milling
or manufacturing company, or any other person, corporation or company em
ploying persons to labor fo r them in the State of Arkansas, to discount the
wages of their employees or laborers when payment is made or demanded be
fore the regular pay days, more than at the rate of ten per cent per annum
from the date of payment to the regular pay day, and all laborers shall be
paid in currency at the place of business of the company, person or corpora
tion so employing such labor in the State; unless the laborer elects to take
drafts or checks in lieu of currency for pay. Any evasion or violation of this
section shall be usury and a misdemeanor, and the person, company or cor
poration, or their agents, violating the same shall be fined in any sum not less
than ten dollars nor more than five hundred dollars, and the entire property of
the person, company or corporation shall be subject to the payment of the
fine and costs.
Railroads—Rolling stock to be repaired within the State
S ection 8505. Scope of law.— A ll railroad corporations operating within the
State of Arkansas, and having their repair shops within the State, shall, and
are hereby required to repair, renovate or build in the State of Arkansas, any
and all defective or broken cars, coaches, locomotives or other equipment
owned or leased by said corporation in the State of Arkansas, when such
rolling stock is within the State of A rkansas: Provided , That such railw ay
shall have or be under obligation to have proper facilities in the State to do
such w ork : And provided, This act shall not be so construed as to require
any railw ay corporation to violate the safety appliance law of Congress of
the United States: And, provided, further, That no railw ay shall be required to
haul such disabled equipment a greater distance for repairs at a point within
the State of Arkansas than would be necessary to reach their repair shop in
another State: And, provided, further, That no such railw ay company shall be
permitted to haul for purposes of repair any disabled equipment by or pass
[p ast] any shop owned or operated by any such company where such said disabled
equipment can be repaired, in order to reach some other repair shop at a greater
distance for the purpose of repairing said disabled equipment: Provided , That
the provisions of this act shall not apply to companies having less than sixty
continuous miles of railroad in operation in this State.
S e c . 8506. Cars, etc., not to be sent out of State.— A ll railroad corporations
operating in the State o f Arkansas and 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 Arkansas, to be repaired,
A R K A N S A S — A C T S O F 1923— S P E C IA L S E S S IO N
179
renovated o r rebuilt, when the same is in a defective or broken condition and
within this State. The provisions o f this act shall not apply in cases o f fires,
floods, cyclones, o r any such act o f Providence.
S ec . 8507. Violations.— [Penalties are a fine o f not less than $100 nor more
than $500.]
State labor officials— Salaries
S e c t io n 8696. Labor commissioner.— The labor commissioner shall receive
a salary o f two thousand dollars per annum payable monthly.
S e c . 8697. Deputy.— H e shall appoint a deputy at a salary o f one hundred
dpllars per month.
S e c . 8701. Mine inspector.— The inspector o f mines shall receive a salary o f
two thousand dollars per annum.
S e c . 8721. Steam boiler inspector.— The inspector of steam boilers shall re
ceive an annual salary o f $2,000.
Employment of children—School attendance
Attendance required.— [Children under 15 years of age
must attend school at least three-fourths o f the term unless, among other
reasons, their services are needed to support a widowed mother.]
S e c t i o n s 9042-9044.
A C T S O F 1923— S P E C IA L
S E S S IO N
A ct N o. 4.—Employment offices
S e c t i o n s 1, 2 . License; fee.— [Proprietors o f private employment offices and
persons soliciting labor to go outside the State must obtain a license from the
commissioner o f labor. A fee o f $200 is charged, and bond in the sum of $1,000
required. The commissioner or any district attorney may bring action on the
bond, and the commissioner may, after hearing, revoke the license fo r cause.
Employers hiring for themselves alone, and agencies charging no fee are not
required to obtain a license.]
S e c . 3. Registers; offenses.— [Registers must be kept in approved form, show
ing name, address, age, sex, nativity, and trade or occupation o f applicants,
such register to be open to official inspection. N o agency may accept a fee
from an applicant or send him to a place of employment without a bona fide
order. Blanks, letter heads, receipts, etc., must bear the name and address
of the agency. Publishing false or misleading statements, making false
promises, sending labor to a place where labor trouble exists without giving
information of the same and entering the fact on the receipt, splitting fees,
sending females to places of immoral resort, and making false entries are for
bidden. Registration fees may not exceed $2, for which receipt must be given,
and the fu ll amount must be returned on demand if no employment is pro
cured within one month. W here applicants are sent outside the city and fail
to secure employment through no fau lt of their own, both the fee and the ex
penses incurred must be refunded. I f an applicant is discharged from em
ployment before 7 days, the fee, or such portion as the commissioner o f labor
deems adequate, must be returned.]
S e c . 4. Free employment offices.— The commissioner of labor shall maintain,
in connection with the bureau of labor and statistics, a free employment bureau,
to be known as the “ State Free Employment Service,” for the purpose of re
ceiving and filing applications o f persons seeking employment and o f per
sons or firms seeking to employ labor. The commissioner is also authorized
to establish and maintain branch offices in sections of the State, where the
convenience o f the greatest number of people may be served. There shall be
no fee or compensation charged or received, directly or indirectly, from per
sons applying fo r employment or from those desiring to employ labor through
said bureau.
The managers of the State free employment offices shall cause to be received
and recorded the names o f all persons applying for employment, as well as the
address of a ll persons, firms or corporations applying to employ labor, desig
nating the name and address of each applicant [a n d ] the character o f em
ployment desired or offered. Such managers shall also perform such other
duties pertaining to the work of the State free employment bureau or the
bureau of labor and statistics as the commissioner may require, and shall re
port to the commissioner of labor, as directed by him.
180
T E X T A N D A B R ID G M E N T OF LABO R L A W S
The commissioner o f labor is hereby authorized and empowered to coop
erate with the Federal Government in the establishment and maintenance
within the State of employment bureaus fo r the purpose of bringing together
the man and the job. Said commissioner is also authorized and empowered
to cooperate in a similar w ay and for the same purpose with municipalities,
associations, societies, or individuals. Such cooperative employment bureaus,
when established, shall be under the supervision of the commissioner of labor,
and the cost and expense of establishing and of carrying on any such bureau
shall be borne by the cooperating parties, upon an equitable basis to be agreed
upon between them.
It shall be the duty of the commissioner of labor to communicate with
manufacturers, merchants and other employers of labor in the State and to
use all diligence in securing the cooperation of employment bureaus. To this
end it shall be competent for such offices to advertise, under the direction of
the commissioner of labor, in newspapers, or other mediums, for such situa
tions as they have applications to fill, and they may advertise in a general
w ay for the cooperation of contractors and employers in such trade or special
publication as reach such employers.
S e c . 5. Definitions.— [T h e customary definitions are given of the terms,
“ agency,” “ applicant,” and “ work,” the latter being used to include profes
sional “ and all other legitimate service.” ]
S e c . 7. Violations.— [Violations are punishable by fines, from $50 to $250,
or imprisonment not over 30 days, or both.]
S e c . 8 . Construction.— [The holding of any section to be invalid shall not
affect the other provisions of the act.]
CALIFORNIA
A r t ic l e
CONSTITUTION
19.—Chinese labor—Employment—Immigration
S e c t io n 3. Employment on public works.—No Chinese shall be employed on
any State, county, municipal, or other public work, except in punishment for
crime.
S e c . 4. Coolies.—The presence of foreigners ineligible to become citizens of
the United States is declared to be dangerous to the well-being of the State.,
and the legislature shall discourage their immigration by all the means
within its power. Asiatic coolieism is a form of human slavery, and is forever
prohibited in this .State, and all contracts for coolie labor shall be void.
Ail companies or corporations, whether formed in this country or any foreign
country, for the importation of such labor, shall be subject to such penalties
as the legislature may prescribe. The legislature shall delegate ail necessary
power to the incorporated cities and towns of this State for the removal
of Chinese without the limits of such cities and towns, or for their loca
tion within prescribed portions of those limits, and it shall also provide the
necessary legislation to prohibit the introduction into this State of Chinese
after the adoption of this constitution. This section shall be enforced by
appropriate legislation.
A r t ic l e 20.—Hours of labor on public works
17. Eight-hour day.—The time of service of all laborers or work
men or mechanics employed upon any public works of the State of California,
or of any county, city and county, city, town, district, township, or any other
political subdivision thereof, whether said work is done by contract or other
wise, shall be limited and restricted to eight hours in any one calendar day,
except in cases of extraordinary emergency caused by fire, flood, or danger
to life and property, or except to work upon public, military, or naval works
or defenses in time of war, and the legislature shall provide by law that a
stipulation to this effect shall be incorporated in all contracts for public
works and prescribe proper penalties for the speedy and efficient enforcement
of said law.
A r t ic l e 20.—Minimum wages—Protection of employees
S e c t io n 17$ (adopted 1914). Power of legislature.—The legislature may, by
appropriate legislation, provide for the establishment of a minimum wage for
women and minors and may provide for the comfort, health, safety and
general welfare of any and all employees. No provision of this constitution
shall be construed as a limitation upon the authority of the legislature to
confer upon any commission now or hereafter created, such power and
authority as the legislature may deem requisite to carry out the provisions of
this section.
A r t ic l e 20.—Sex no disqualification for employment
S e c t io n 18. Sex not a bar.—No person shall, on account of sex, be dis
qualified from entering upon or pursuing any lawful business, vocation, or
profession.
SIMS’ DEERING’S CODES—1906
S e c t io n
P o l it ic a l C o de
Department of labor and industrial relations
S e c t io n 364 (added 1921, ch. 604). Agencies created.—A department of the
government of the State of California to be known as the department of labor
181
182
TEXT AND ABRIDGMENT OP LABOR LAWS
and industrial relations is hereby created. The department shall consist of the
following governmental agencies of the State of California, to wit: The in
dustrial accident commission, the commission of immigration and housing, the
industrial welfare commission, and the bureau of labor statistics. Said de
partment shall be divided into four divisions as follows:
(1) The division of workmen’s compensation insurance and safety, which
shall be administered by the industrial accident commission and shall succeed
to and is hereby invested with all the duties, powers, purposes, responsibilities,
and jurisdiction now or hereafter conferred by law upon the industrial acci
dent commission.
(2) The division of immigration and housing, which division shall be ad
ministered by the commission of immigration and housing and shall succeed
to and is hereby invested with all the duties, powers, purposes, responsibilities,
and jurisdiction now or hereafter conferred by law upon the commission of
immigration and housing.
(3) The division of industrial welfare, which division shall be administered
by the industrial welfare commission and shall succeed to and is hereby in
vested with all the duties, powers, purposes, responsibilities, and jurisdiction
now or hereafter conferred by law upon the industrial welfare commission.
(4) The division of labor, which division shall be administered by the com
missioner of labor statistics and shall succeed to and* is hereby invested with
all the duties, powers, purposes, responsibilities, and jurisdiction now or here
after conferred by law upon the commissioner of labor statistics and the bureau
of labor statistics.
S e c . 364a. Representatives.—On or before the first day of October, 1921, and
on or before the first day of January of each and every year thereafter, and
at such other times in case of a vacancy, each of divisions one, two, and three
shall designate one of its members as its representative/)n the department of
labor and industrial relations; and the chief of the division of labor shall be
the representative of the division of labor. Such representatives shall meet
at a place to be designated by them at least once each month or oftener at the
call of any two members. At their first meeting which shall be held during
the month of October, 1921, they shall organize by electing one member as
chairman and one as secretary. It shall be the duty of the secretary to keep
a minute record of the proceedings of each meeting.
At each meeting of the department there shall be presented for determina
tion all problems involving conflict of authority or activity of two or more
divisions and the department shall hear, consider, and act upon any complaint
or complaints of duplication of activities.
S e c . 364b. Adjustments.—The said department of labor and industrial rela
tions shall make and promulgate rules and regulations that will eliminate over
lapping and duplication of the activities of the several divisions and may pro
vide for the transfer of functions and activities from one division to another
in the interest of the betterment of the service of such division or divisions.
S e c . 364d. Report.—The department of labor and industrial relations shall
submit a report to the governor and to the forty-fifth session of the legislature
embodying a complete plan of reorganization and departmentalization of the
activities herein mentioned.
Contract work on public buildings prohibited
S e c t io n 3233. Day labor.—All work done upon the public buildings of this
State must be done under the supervision of a superintendent, or State offi
cer or officers having charge of the work, and all labor emjfloyed on such
buildings, whether skilled or unskilled, must be employed by the day, and no
work upon any of such buildings must be done by contract.
Chinese labor—Products not to be bought by State officials
S e c t io n 3235. Public supplies.—No supplies of any kind or character, “ for
the benefit of the State, or to be paid for by any moneys appropriated or
to be appropriated by the State,” manufactured or grown in this State, which
are in whole or in part the product of Mongolian labor, shall be purchased by
the officials for the State having the control of any public institution under
the control of the State, or of any county, city and county, city, or town thereof.
183
CALIFORNIA.— SIMS’ DEERING’S CODES— 1906
Hours of labor
S e c t io n 8244. Eight hours a day’s work, when.—Eight hours of labor con
stitutes a day’s work, unless it is otherwise expressly stipulated by the parties
to a contract, except those contracts within the provisions of sections three
thousand two hundred and forty-six, three thousand two hundred and fortyseven, and three thousand two hundred and forty-eight of this code.
S e c . 3246. Street railw ays .—Twelve hours’ labor constitutes a day’s work on
the part of drivers and conductors, and gripmen of street cars for the car
riage of passengers. Any contract for a greater number of hours’ labor in one
day shall be and is void, at the option of the employee, without regard to the
terms of employment, whether the same be by the hour, day, week, month, or
any other period of time, or by or according to the trip or trips that the car
may, might, or can make between the termini of the route, or any less distance
thereof. Any and every person laboring over twelve hours in one day as
driver, or conductor, or gripman, on any street railroad, shall receive from
his employer thirty cents for each hour’s labor over twelve hours in each day.
S e c . 3247. Actions for wages.—In actions to recover the value or price of
labor under section three thousand two hundred and forty-six of this code, the
plaintiff may include in one action his claim for the number of days, and the
number of hours’ work over twelve hours in each day, performed by him for the
defendant, and the court shall exclude all evidence of agreement to labor over
twelve hours in one day for a less price than thirty cents, and the court shall
exclude any receipt of payment for hours of labor over twelve hours in one
day, unless it be established that at least thirty cents for each hour of labor
over twelve hours in one day has been actually paid, and a partial payment
shall not be deemed or considered a payment in fulL
S e c . 3249. Application of law.—The provisions of sections three thousand two
hundred and forty-seven * * * of this code are applicable to every contract
to labor made by the persons named in section three thousand two hundred
and forty-six.
S e c . 3250. Violations.—[Violations of sec. 3246 entail forfeiture of the sum of
$50 to the use of the party prosecuting therefor, and any number of forfeits
may be prosecuted in a single action.]
C i v i l C ode
Rights of employers—Injuries to employees
S e c t io n
49. Injuries forbidden.—The rights of personal relation forbid:
*
*
*
*
*
*
*
4. Any injury to a servant which affects his ability to serve his master.
Assignments of wages
S e c t io n 955 (added 1913, ch. 287). W hat assignments valid.—No assign
ment of, or order for wages or salary shall be valid unless made in writ
ing by the person by whom the said wages or salary are earned and no
assignment of, or order for, wages or salary made by a married person shall
be valid unless the written consent of the husband or wife of the person making
such assignment or order is attached to such assignment or order; and no as
signment or order for wages or salary of a minor shall be valid unless the
written consent of a parent or the guardian of such minor is attached to such
order or assignment. No assignment of, or order for, wages or salary shall
be valid unless at the time of the making thereof, such wages or salary have
been earned, except for the necessities of life and then only to the person or
persons furnishing such necessities of life directly and then only for the amount
needed to furnish such necessities. Any power of attorney to assign or col
lect wages or salary shall be revocable at any time by the maker thereof.
Employment of labor— General provisions
S e c t io n 1965. Definition .—The contract of employment is a contract by
which one, who is called the employer, engages another, who is called the
employee, to do something for the benefit of the employer, or of a third
person.
184
TEXT AND ABRIDGMENT OF LABOR LAWS
S e c . 1909. Losses incurred in discharge of duty.—An employer must in
demnify his employee except as 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, a t the time of obeying such directions,
believed them to be unlawful.
S e c . 1970 (as amended by chapter 97, Acts of 1907). Ordinary risks.—An
employer is not bound to indemnify his employee for losses suffered by the
latter in consequence of the ordinary risks of the business in which he is em
ployed, nor in consequence of the negligence of another person employed by
the same employer in the same general business, unless the negligence causing
the injury was committed in the performance of a duty the employer owes
by law to the employee, or unless the employer has neglected to use ordinary
care in the selection of the culpable employee: Provided, nevertheless, That
the employer shall be liable for such injury when the same results from the
wrongful act, neglect or default of any agent or officer of such employer
superior to the employee injured, or of a person employed by such employer
having the right to control or direct the services of such employee injured,
and also when such injury results from the wrongful act, neglect or default
of a coemployee engaged in another department of labor from that of the
employee injured, or employed upon a machine, railroad train, switch signal
point, locomotive engine, or other appliance than that upon which the em
ployee [who] is injured is employed, or who is charged with dispatching trains,
or transmitting telegraphic or telephonic orders upon any railroad, or in the
operation of any mine, factory, machine shop, or other industrial establish
ment
Knowledge by an employee injured of the defective or unsafe character or
condition of any machinery, ways, appliances or structures of such employer
shall not be a bar to recovery for any injury or death caused thereby, unless
it shall also appear that such employee fully understood, comprehended and
appreciated the dangers incident to the use of such defective machinery, ways;
appliances or structures, and thereafter consented to use the same, or continued
in the use thereof.
When death, whether instantaneous or otherwise, results from an injury
to an employee received as aforesaid, the personal representative of such
employee shall have a right of action therefor against such employer, and
may recover damages in respect thereof, for and on behalf, and for the
benefit of the widow, children, dependent parents, and dependent brothers and
sisters, in order of precedence as herein stated, but no more than one action
shall be brought for such recovery.
Any contract or agreement, express or implied, made by any such employee
to waive the benefits 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 representative, of any right or remedy to which he is now en
titled under the laws of this State.
The rules and principles of law as to contributory negligence which apply
to other cases shall apply to cases arising under this section, except in so
far as the same are herein modified or changed.
A clerk in a sto re a n d th e o p e rato r o f a passen g er e le v ato r a re in d ifferen t de
p a rtm e n ts o f lab o r w ith in th e m eaning o f th is section. I l l P ac. 12.
S e c . 1971. Want of care.—An employer must in all cases indemnify his em
ployee for losses caused by the former’s want of ordinary care.
T he re te n tio n of a forem an a f te r know ledge o f h is incom petency is negUgence, a n d
th e em ployer is liable fo r in ju rie s re su ltin g from such forem an’s n eg lig en t a c ts. 47
Pac. 773.
S e c . 1975. Service without consideration.—One who, without consideration,
undertakes to do a service for another, is not bound to perform the same, but
if he actually enters upon its performance, he must use at least slight care
and diligence therein.
S e c . 1976. Requested employment.—One who, by his own. special request, in
duces another to intrust him 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.
S e c . 1977. Gratuitous attorney.—A gratuitous employee,, who accepts a
written power of attorney, must act under it so long as it remains in force, or
until he gives notice to his employer that he will not do so.
CALIFOBNIA— SIMS* DEEEXNG’s CODES— 1906
185
Sec . 1978. Employee for consideration.—One who, for a good consideration,
agrees to serve another, must perform the service, and must use ordinary care
and diligence therein, so long as he is thus employed.
Sec . 1979. Interested volunteer.—One who is employed at his own request
to do that 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.
Sec . 1980 (as amended 1919, ch. 512). Term,—A contract to render personal
service, other than a contract of apprenticeship, as provided in the chapter on
master and servant, can not be enforced against the employee beyond the term
of five years from the commencement of service under i t ; but if the employee
voluntarily continues his service under it beyond that time, the contract may
be referred to as affording a presumptive measure of the compensation.
Sec . 1981. Directions.— An employee must substantially comply with all the
directions of his employer concerning the service on which he is engaged,
except where such obedience is impossible or unlawful, or would impose new
and unreasonable burdens upon the employee.
Sec. 1982. Usage.—An employee must perform his service in conformity to
the usage of the place of performance, unless otherwise directed by his em
ployer, or unless it is impracticable, or manifestly injurious to his employer to
do so.
Sec. 1983. Degree of skill.—An employee is bound to exercise a reasonable
degree of skill, unless his employer has notice, before employing him, of his
want of skill.
Sec . 1984. Same subject.—An employee is always bound to use such skill as
he possesses, so far as the same is required, for the service specified.
T he employee m ay employ o th e rs to do th e w ork w here h is personal a tte n tio n is not
c o n tra c te d fo r. 24 Cal. 308.
S ec. 1985. Acquisitions by virtue of employment.—Everything which an em
ployee acquires by virtue of 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
Sec . 1986. Rendering accounts.—An employee must on demand, render to his
employer 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 receives for his account
Sec. 1987. Delivery of goods, etc., received.—An employee who receives any
thing on account of his employer, in any capacity other than that of a mere
servant, is not bound to deliver it to him until demanded, and is not at liberty
to send it to him from a distance, without demand, in any mode involving
greater risk than its retention by the employee himself.
Sec . 1988. Priority of employer’s business.—An employee who has any busi
ness to transact on his own account, similar to that intrusted to him by his
employer, must always give the latter the preference.
Sec. 1989. Employment of substitute.—An employee who is expressly author
ized to employ a substitute is liable to his principal only for want of ordinary
care in his selection. The substitute is directly responsible to the principal.
Sec. 1990. Negligence.—An employee who is guilty of a culpable degree of
negligence is liable to his employer for the damage thereby caused 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.
Sec . 1991. Duty of survivor of joint servants.—Where service is to be ren
dered by two or more persons jointly, and one of them dies, the survivor must
act alone, if the service to be rendered is such as he can rightly perform with
out the aid of the deceased person, but not otherwise.
Sec . 1996 (a s amended by chapter 157, Acts of 1901). Termination of em
ployment.— Every employment in which the power of the employee is not
coupled with an interest in its subject is terminated by notice to him Of:
1. The death of the employer; or,
2. His legal incapacity to contract
The parties to a contract of employment may, however, in writing, provide
that it shall, notwithstanding the death of the employer, continue obligatory
for and against his heirs and personal representatives, provided their liability
shall be restricted to property received from and under him.
186
TEXT AND ABRIDGMENT OF LABOR LAWS
Sec. 1997. Same subject—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.
Sec . 1998. Service after death of employer.—An employee, unless the term
of his service has expired, or unless he has a tight to discontinue it at any
time without notice, must continue his service after notice of the death or in
capacity of his employer, so far as is necessary to protect from serious injury
the interests of the employer’s successor in interest until a reaonable time after
notice of the facts has been communicated to such successor. The successor
must compensate the employee for such service according to the terms of the
contract of employment
Sec. 1999 (as amended 1915, ch. 433). Term.—An employment having no
specified term, may be terminated at the will of either party, on notice to the
other. Employment for a specified term shall mean an employment for a pe
riod greater than one month.
Sec. 2000 (as amended 1915, ch. 433). Cause for discharge.—An employment,
for a specified term, may be terminated at any time by the employer, in case
of any willful breach of duty by the employee in the course of his employment,
or in case of his habitual neglect of his duty or continued incapacity to per
form i t
Sec . 2001 (as amended 1915, ch. 433). Cause for leaving service.—An em-\
ployment, for a specified term, may be terminated by the employee at any .
time, in case of any willful or permanent breach of the obligations of his, em-N
ployer to him as an employee.
Sec . 2002 (as amended 1915, ch. 433). Payment of wages.—An employee
who is not employed for a specified term, dismissed by his employer, is en
titled to compensation for services rendered up to the time of such dismissal
S ec. 2003 (as amended 1915, ch. 433). Same.—An employee who is not em
ployed for a specified term and who quits the service of his employer, is en
titled to compensation for services rendered up to the time of such quitting.
Sec . 2004 (added 1921, ch. 901). Deductions proportionate.—There shall not
be deducted from the wages of an employee on account of the employee’s
coming late to work a sum in excess of the proportionate wage which would
have been earned during the time actually lost: Provided, That for a loss of
time less than thirty minutes a half hour’s wage may be deducted.
Sec. 2009. Servant defined.—A servant is one who is employed to render per
sonal service to his employer, otherwise than in the pursuit of an independent
calling, and who in such service remains entirely under the control and direc
tion of tiie latter, who is called his master.
Sec . 2010. Term of employment.—A servant is presumed to have been hired
for such length of time as the parties adopt for the estimation of wages. A
hiring at a yearly rate is presumed to be for one year; a hiring at a daily rate,
for one day; a hiring by piecework, for no specified term.
Sec. 2011. Presumption.—In the absence of any agreement or custom as to
the term of service, the time of payment, or rate, or value of wages, a servant
is presumed to be hired by the month, at a monthly rate of reasonable wages, to
be paid when the service is performed.
Sec . 2012. Renewal by continuance.—Where, after the expiration of an agree
ment respecting the wages and the term of service, the parties continue the re
lation of master and servant, they are presumed to have renewed the agree
ment for the same wages and term of service.
Sec . 2014. Delivery of goods, etc., received.—A servant must deliver to his
master, as soon as with reasonable diligence he can find him, everything that
he receives fo r his account, without demand; but he is not bound, without
orders from his master, to send anything to him through another person.
S ec. 2015. Employer may discharge, when.—A master may discharge any
servant, other than an apprentice, whether engaged for a fixed term or not:
1. If he is guilty of misconduct in the course of his service, or of gross im
morality, 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, of such a nature that, if the master
had known or contemplated it, he would not have so employed him.
S ec . 2078. Volunteer service.—One who officiously, and without the consent
of the real or apparent owner of a thing, takes it into his possession for the
1871
CALIFORNIA— SIM S* DEERING’s CODES— 1906
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 en
titled to any compensation for his service or expenses, except that he may de
duct actual and necessary expenses 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.
Contracts of employment-—Enforcement
S e c t io n 8380. Labor contracts.—The following obligations can not be spe
cifically enforced:
1. An obligation to render personal service;
2. An obligation to employ another in personal service;
*
•
*
*
*
*
*
C i v i l C ode — A p p e n d i x
Time for meals to be allowed employees in Umber mills, etc.
(P a g e 744)
S e c t io n 1. One hour at noon to be allowed.—Every person, corporation, co
partnership, or company operating a sawmill, shake mill, shingle mill, or log
ging camp, in the State of California, shall allow to his or its employees, work
men, and laborers a period of not less than one hour at noon for the midday
meat
S e c . 2. Violations.—[Violations are punishable by fine of not to exceed $200
nor less than $100.]
Mine regulations—Quartz mines
(P ag e 745)
S e c t io n s 1-3. Escape shafts.—[This act requires an escape shaft in quartz
mines more than 300 feet in depth, where 12 men are employed daily, to con
nect with the main shaft at a depth not less than 100 feet from the surface.
Liability is declared for all damages to persons arising from noncompliance.]
C ode
op
C iv il P ro ced ure
Exemption of wages from execution
S e c t io n 090 (as amended 1907, ch. 479). Exemptions.—[Seamen’s earnings
up to $300, no matter where or when earned, are exempt from attachment.
Earnings of employees generally, for 30 days prior to the levy of execution,
are exempt if it appears that they are necessary to the support of a family
residing in the State; if not, or if the debt is for necessaries, the exemption is
reduced one-half.]
Suits for wages—Attorneys’ fees
S e c t io n 924 (as amended 1907, ch. 51). Fee allowed on recovery.—The
prevailing party in the justices’ courts is entitled to costs of the action, and
also of any proceedings taken by him in aid of an execution, issued upon
any judgment recovered therein. In actions for the recovery of wages for
labor performed, the court shall add, as part of the costs, in any judgment
recovered by the plaintiff, an attorney’[s] fee not exceeding twenty per cent of
the amount recovered.
Wages as preferred claims—In assignments, etc.
S e c t io n 1204 (as amended 1901, ch. 102). Assignments.—[Wages of minors,
mechanics, salesmen, etc., for 60 days prior to the assignment, not exceeding
$100 to each, must be paid before the claim of any other creditor.]
Sec. 1205 (as amended 1901, ch. 102). Administration.—[Wages as above
m n rt he paid in the case of the death of the employer, next after funeral ex
penses, expenses of last sickness, allowance to widow and infant children, and
expenses of administration.]
188
TEXT AND ABRIDGMENT OF LABOR LAWS
Sec . 1206 (as amended 1901, ch. 102). Executions.—[Wages in the same
amount as above must be paid first out of any funds in the hands of the levy
ing officer at the time a verified statement of the wage claim is submitted.]
P e n a l C ode
Protection of employees as voters
Section 59. Coercion, etc., by employers.— * * * It is not lawful for
any employer, in paying his employees the salary or wages due them, to inclose
their pay in “ pay envelopes ” upon which there is written or printed the name
of any candidate, or any political mottoes, devices, or arguments containing
threats, express or implied, intended or calculated to influence the political
opinions or actions of such employees. Nor is it lawful for any employer,
within ninety days of any election, to put up or otherwise exhibit in his
factory, workshop, or other establishment or place where his workmen or
employees may be working, any hand bill or placard containing any threat,
notice, or information, that in case any particular ticket of a political party,
or organization, or candidate shall be elected, work in his place or establish
ment will l[c]ease in whole or in part, or his place or establishment be
closed up, or the salaries or wages of his workmen or employees be reduced,
or other threats, express or implied, intended or calculated to influence the
political opinions or actions of his workmen or employees. This section
applies to corporations as well as individuals ,and any person or corporation
violating the provisions of this section is guilty of a misdemeanor, and any
corporation violating this section shall forfeit its charter.
Employment of children—Certain employments forbidden
Section 272. Mendicant, etc., employments.—[Hiring out children to the age
of 16 in acrobatic, mendicant, or other injurious or dangerous occupations is
forbidden. For the text of a similar law, see Delaware Code, sec. 2223.]
Sec. 273. Same.—[Employers of children as above are subject to the same
penalties as parents, etc., hiring out children.]
Sec . 273e. Messenger service.—[Telephone companies and persons engaged
in delivery service are forbidden to send any minor as messenger or delivery
boy to immoral or questionable resorts or to any person connected therewith J
Sec . 273f (added 1907, ch. 294). Same.—[Any person, whether as parent,
employer, or otherwise, who sends a minor under the age of 18 to any .gambling
house or other immoral place is guilty of a misdemeanor.]
False representations as to employment of union labor
(added 1915, ch. 487). Acts forbidden.—Any person engaged
in the production, manufacture or sale of any article of merchandise in this
State, or any person engaged in the performance of any acts or services of a
nrivote, public or quasi-public nature for profit, who willfully misrepresents or
falsely states that members of trade-unions, labor associations or labor or
ganizations were engaged or employed in the manufacture, production or sale
of such article or in the performance of such acts or services, when in fact
labor, laborers or employees not members of trades-unions, labor associations
or labor organizations were exclusively used in the manufacture, production
or sale of such articles or in the performance of such acts or service, shall
be guilty of a misdemeanor, and punishable by a fine of not more than five
hundred dollars, or by imprisonment in the county jail for not more than
ninety days, or by both such fine and imprisonment
Section 349c
Loading and unloading vessels—Hatch tenders
Section 368a (added 1913, ch. 290). Hatch tenders required, when.—Any
person, firm or corporation engaged in the business of loading or unload
ing ships or vessels, or who contracts to load or unload a ship or vessel, or
who shall be in charge of a ship or vessel while the same is being loaded or
unloaded, or who is authorized to load or unload any ship or vessel, having
a carrying capacity of fifty tons or greater, shall employ and supply upon
every ship or vessel while being loaded or unloaded, a person over the
age of twenty-one years to act as signal man or hatch-tender whose sole duty
it shall be to observe the operations of loading or unloading of each working
C A L IF O R N IA — SIMS’ DEERING's CODES — 1906
189
hatch on such ship or vessel, and to warn all persons engaged in the opera
tion of loading or unloading of any possibility of any injury to any of the
articles of which the cargo is composed, or of danger to any person engaged or
being in or about the said ship or vessel while the same is being loaded or
unloaded as aforesaid. Any person, firm, or corporation violating the provi
sions of this act is guilty of a misdemeanor.
Safety appliances on street railways—Brakes, etc.
Section 369a. Brakes required.—Any person, company, or corporation, oper
ating cars on the streets of cities or towns, or on the county roads within
the State, for the conveyance of passengers, propelled by means of wire ropes
attached to stationary engines, or by electricity or compressed air, who runs,
operates, or uses any car or dummy, unless each car and dummy, while in
use, is fitted with a brake capable of bringing such car to a stop within a rea
sonable distance, and a suitable fender, or appliance placed in front or attached
to the trucks of such dummy or car, for the purpose of removing and clearing
obstructions from the track, and preventing any obstacles, obstructions, or
person on the track from getting under such dummy or car, and removing
the same out of danger, and out of the way of such dummy or car, is guilty
of a misdemeanor. Where the board of supervisors of any county, or the
city council or other governing body of any city, by ordinance, order, or reso
lution, prescribes the fender or brake to be used as aforesaid, then a compli
ance with such ordinance, order, or resolution must be deemed a full compliance
with the provisions of this section.
*
Protection of employees on buildings
(as amended 1921, ch. 55). Unsafe scaffolds, etc.—Any person
or corporation employing or directing another to do or perform any labor in
the construction; alteration, repairing, painting or cleaning of any house,
building or structure within this State, who knowingly or negligently furnishes
or erects, or causes to be furnished or erected for the performance of such
labor, unsafe or improper scaffolding, slings, hammers, [hangers], blocks, pul
leys, stays, braces, ladders, irons, ropes or other mechanical contrivances, or
who hinders or obstructs any officer or inspector of the industrial accident
commission attempting to inspect the same under the provisions of any statute
of the State of California or safety order of the industrial accident commis
sion, or who destroys or defaces, or removes any notice posted thereon by any
such officer or inspector, or permits the use thereof, after the same has been
declared unsafe by such officer or inspector, contrary to the provisions of said
acts or orders, shall be guilty of a misdemeanor.
Section 402c
Hours of labor on public works
Section 653c. Limit of eight hours a day.—The time of service of any laborer,
workman; or mechanic employed upon any of the public works of the State of
California, or of any political subdivision thereof, or upon work done for said
State, or any political subdivision thereof, is hereby limited and restricted to
eight hours during any one calendar day; and it shall be unlawful for any
officer, or agent of said State, or of any political subdivision thereof, or for
any contractor or subcontractor doing work under contract upon any public
works aforesaid, who employs, or who directs or controls, the work of any la
borer, workman, or mechanic, employed as herein aforesaid, to require or
permit such laborer, workman, or mechanic, to labor more than eight hours dur
ing any one calendar day, except in cases of extraordinary emergency, caused
by fire, flood, or danger to life or property, or except to work upon public mili
tary or naval defenses or works in time of war. Any officer or agent of the
State of California, or of any political subdivision thereof making or awarding,
as such officer or agent, any contract, the execution of which involves or may in
volve the employment of any laborer, workman, or mechanic upon any of the
public works or upon any work, hereinbefore mentioned, shall cause to be
inserted therein a stipulation which shall provide that the contractor to whom
said contract is awarded shall forfeit, as a penalty, to the State or political sub
division in whose behalf the contract is made and awarded, ten dollars for each
laborer, workman, or mechanic employed, in the execution of said contract by
him, or by any subcontractor under him, upon any of the public works, or upon
190
TEXT AND ABRIDGMENT OF LABOR LAWS
any work, hereinbefore mentioned, for each calendar day during which such
laborer, workman, or mechanic is required or permitted to labor more than
eight hours in violation of the provisions of this act; and it shall be the duty
of such officer or agent to take cognizance of all violations of the provisions of
said act committed in the course of the execution of said contract, and to report
the same to the representative of the State or political subdivisions, party to
the contract, authorized to pay to said contractor moneys becoming due to him
under the said contract, and said representative, when making payment of
moneys thus due, shall withhold and retain therefrom all sums and amounts
which shall have been forfeited pursuant to the herein said stipulation. Any
officer, agent, or representative of the State of California, or of any political
subdivision thereof, who shall violate any of the provisions of this section,
shall be deemed guilty of misdemeanor, and shall upon conviction be punished
by fine not exceeding five hundred dollars, or by imprisonment, not exceeding
six months, or by both such fine and imprisonment, in the discretion of the
court
S e c . 653d. Retaining wages.—Every person who employs laborers upon pub
lic works, and who takes, keeps, or receives for his own use any part or portion
of the wages due to any such laborers from the State or municipal corporation
for which such work is done, is guilty of a felony.
Blacklisting
S e c t io n 653e (added 1913, cb. 350). Blacklisting prohibited.—Any person,
firm or corporation, or officer or director of a corporation, or superintendent,
manager or other agent of such person, firm or corporation who, after having
discharged an employee from the service of such person, firm or corporation
or after having paid off an employee voluntarily leaving such service, shall, by
word, writing or any other means whatsoever, misrepresent and thereby pre
vent or attempt to prevent such former employee from obtaining employment
with any other person, firm or corporation, shall be punished by a fine not
exceeding two thousand dollars and shall be liable in treble damages to any
such employee sustaining damages through a violation of this section. Any
person, firm or corporation who shall knowingly cause, suffer or permit an
agent, superintendent, manager or other employee in his or its employ to com
mit a violation of this section, or who shall fail to take all reasonable steps
within his or its power to prevent such violation of this act, shall be guilty
of a violation of the provisions of this section and be subject to the penalty
hereinbefore provided. Nothing in this section shall be construed to prevent
an employer as hereinbefore defined or an agent, employee, superintendent or
manager of such employer to furnish, upon special request therefor, a truth
ful statement concerning the reasons for the discharge of an employee or why
an employee voluntarily left the service of the employer: Provided, however,
That if such statement shall in connection therewith furnish any mark, sign
or other means whatever conveying information different from that expressed
by words therein, such fact, or the fact that such statement or other means of
furnishing information was given without a special request therefor, shall be
prima facie evidence of a violation of the provisions of this section.
P e n a l C ode — A p p e n d i x
Labor combinations not unlawful
(Page 581)
S e c t io n 1. Labor agreements not conspiracy.—No agreement, combination,
or contract by or between two or more persons to do or procure to be done,
or not to do or procure not to be done, any act in contemplation or furtherance
of any trade dispute between employers and employees in the State of Cali
fornia shall be deemed criminal, nor shall those engaged therein be indictable
or otherwise punishable for the crime of conspiracy if such act committed
by one person would not be punishable as a crime, nor shall such agreement,
combination, or contract be considered as in restraint of trade or commerce, nor
shall any restraining order or injunction be issued with relation thereto.
Nothing in this act shall exempt from punishment, otherwise than as herein
excepted, any persons guilty of conspiracy, for which punishment is now pro
vided by any act of the legislature, but such act of the legislature shall, as
CALIFORNIA.— SIMS* PEERING *S CODES— 1906
191
to the agreements, combinations, and contracts hereinbefore referred to, be
construed as if this act were therein contained: Provided, That nothing in
this act shall be construed to authorize force or violence, or threats thereof.
U nlaw fu l a c ts com m itted o r th re a te n e d in connection w ith a strik e o r lockout m ay
be enjoined u n d er th is a c t. O therw ise i t is u n c o n stitu tio n a l a n d void a s a rb itra rily
p a ttin g one class o f p erso n s above a n d beyond th e law w hich applies to aU o th ers. 80
P ac. 8 0 6 ; 108 P ac. 324.
Employment of labor-—False representations
(P age 635)
S e c t io n 1 (as amended 1923, ch. 262). Acts forbidden.—It shall be unlaw
ful for any person, partnership, company, corporation, association, or organiza
tion of any kind, directly or through any agent or attorney, to induce, influence,
persuade, or engage any person to change from one place to another in this
State or to change from any place in any State, territory, or country to any
place in this State, or to change from any place in this State to any place in
any State, territory or country, to work in any branch of labor, through or
by means of knowingly false representations, whether spoken, written, or
advertised in printed form, concerning the kind or character of such work,
the compensation therefor, the sanitary or housing conditions relating to or
surrounding it, or the existence or nonexistence of any strike, lockout, or other
labor dispute affecting it and pending between the proposed employer or em
ployers and the persons then or last theretofore engaged in the performance
of the labor for which the employee is sought.
S ec . 2. Violation.—[Violators may be fined not over $2,000, or imprisoned
not over one year, or both.]
Weekly day of rest
(P a g e 722)
1. One day's rest in seven.—Every person employed in any occu
pation of labor shall be entitled to one day’s rest therefrom in seven, and it
shall be unlawful for any employer of labor to cause his employees, or
any of them, to work more than six days in seven: Provided, however, That
the provisions of this section shall not apply to any case of emergency.
S ec . 2. Application of law.—For the purposes of this act, the term day’s
rest shall mean and apply to all cases, whether the employee is engaged by
the day, week, month, or year, and whether the work performed is done in
the day or night time.
S ec . 3. Violation.—Any person violating the provisions of this act shall be
deemed guilty of a misdemeanor.
S e c t io n
G eneral L a w s
A ct N o.
1098.—Inspection and regulation of factories, etc.
S e c tio n 1. Sanitation.—Every factory, workshop, mercantile or other estab
lishment, in which five or more persons are employed, shall be kept in
a cleanly state and free from the effluvia arising from any drain, privy,
or other nuisance, and shall be provided within reasonable access, with a
sufficient number of water-closets or privies for the use of the persons employed
therein. Whenever the persons employed as aforesaid are of different sexes,
a sufficient number of separate and distinct water-closets or privies shall
be provided for the use of each sex, which shall be plainly so designated,
and no person shall be allowed to use any water-closet or privy assigned to
persons of the other sex.
S ec . 2. Ventilation.—Every factory or workshop In which five or more per
sons are employed shall be so ventilated while work is carried on therein
that the air shall not become so exhausted as to be injurious to the health of
the persons employed therein, and shall also be ventilated as to render harmless,
as far as practicable, all the gases, vapors, dust or other impurities generated
in the course of the manufacturing process or handicraft carried on therein,
that may be injurious to health.
S ec . 3. Use of cellars, etc.—No basement, cellar, underground apartment, or
other place which the commissioner of the bureau of labor statistics shall
192
T E X T A N D A B R ID G M E N T OF LABO R L A W S
condemn as unhealthy and unsuitable shall be used as a workshop, factory,
or place o f business in which any person or persons shall be employed.
S ec . 4 (a s amended 1909, ch. 5 2 ). Fans, blowers, etc., to be installed.— In
any factory, workshop, o r other establishm ent w here a w ork o r process is
carried on by which dust, filaments, or injurious gases are produced o r gen
erated, that are liable to be inhaled by persons employed therein, the person,
firm or corporation, by whose authority the said w ork or process is carried
on, shall cause to be provided and used in said factory, workshop, or other
establishment, exhaust fan s or blow ers w ith pipes and hoods extending there
from to each, machine, contrivance or apparatus by which dust, filam ents
or injurious gases are produced or generated. The said fan s and blowers,
and said pipes and hoods, a ll to be properly fitted and adjusted, and o f power
and dimensions sufficient to effectually prevent the dust, filaments, or injurious
gases produced or generated by the above said machines, contrivances or ap
paratuses, from escaping into the atmosphere o f the room or rooms o f said
factory, workshop or other establishm ent where persons are employed.
S e c . .5. Seats for female employees.— E very person, firm or corporation em
ploying fem ales in any m anufacturing, mechanical, or m ercantile establishm ent
shall provide suitable seats fo r the use o f the fem ales so employed, and shall
provide such seats to the num ber o f at least one-third the number o f fem ales .
so em ployed; and shall perm it the use o f such seats by them when they are
not necessarily engaged in the active .duties fo r which they are employed. \
S ec . 6 . Violations.— [V iolation s are punishable by a fine o f not less than $50 V
nor more than $300, or imprisonment fo r not less than 30 nor m ore than 90
days.]
S ec . 7. Enforcement.— It shall be the duty o f the commissioner o f the bureau
o f labor statistics to enforce the provisions o f this a c t
A ct N o. 1828.— Bureau
of labor statistics
S e c tio n 1 (a s amended 1911, ch. 2 1 ). Commissioner.— A s soon as possible
after the passage o f this act, the governor o f this State shall appoint a suitable
person to act as commissioner o f a bureau o f labor statistics. The headquar
ters o f said bureau shall be located in the city and county o f San Francisco.
Said commissioner shall hold office and serve solely at the pleasure o f the gov
ernor, and not otherwise.
S ec . 2. Bond.— The commissioner o f the bureau, before entering upon the
duties o f his office, must execute an official bond in the sum o f five thousand
(5,000) dollars, and take the oath o f office, a ll as prescribed by the P olitical
Code fo r State officers in gen eral
S ec . 3. Duties.— The duties o f the commissioner shall be to collect, assort,
systematize, and present, in biennial reports to the legislature, statistical details
relating to a ll departments o f labor, in the State, such as the hours and w ages
o f labor, cost o f living, amount o f labo r required, estimated num ber o f persons
depending on daily labor fo r their support, the probable chances o f a ll being
employed, the operation o f labor-saving m achinery in its relation to hand
labor, etc. Said statistics m ay be classified as fo llo w s:
First. In agriculture.
Second. In m echanical and m anufacturing industries.
Third. In mining.
Fourth. In transportation on land and water.
Fifth. In clerical and a ll other skilled and unskilled labor not above enumer
ated.
Sixth. The amount o f cash capital invested in lands, buildings, m achinery,
m aterial, and means o f production and distribution generally.
Seventh. The number, age, sex, and condition o f persons em ployed; the
nature o f their em ploym ent; the extent to which the apprenticeship system
prevails in the various skilled in dustries; the number o f hours o f labor per d a y ;
the average length o f time employed per annum, and the net w ages received in
each o f the industries and employments enumerated.
Eighth. The num ber and condition o f the unemployed, their age, sex, and
nationality, together w ith the cause o f their idleness.
Ninth. The sanitary condition o f lands, workshops, dw ellin gs; the num ber
and size o f rooms occupied by the poor, etc.; the cost o f rent, fuel, food, cloth
ing, and w ater in each locality o f the S tate; also the extent to which labo rsaving processes are employed to the displacement o f hand labor.
Tenth. The num ber and condition o f the Chinese in the S tate; th eir.social
and sanitary h a b its; num ber o f m arried and o f sin g le; the num ber employed
CALIFORNIA— SIMS* DEERING’s CODES— 1906
193
and the nature of their employment; the average wages per day at each em
ployment and the gross amount y e a rly ; the amounts expended by them in rent,
food, and clothing, and in what proportion such amounts are expended for fo r
eign and home productions, respectively; to what extent their employment
comes in competition with the white industrial classes of the State.
Eleventh. The number, condition, and nature of the employment of the in
mates of the State prisons, county jails, and reformatory institutions, and to
what extent their employment comes in competition with the labor of me
chanics, artisans, and laborers outside of these institutions.
Twelfth. A ll such other information in relation to labor as the commissioner
may deem essential to further the object sought to be obtained by this statute,
together with such strictures on the condition of labor and the probable future
of the same as he may deem good and salutary to insert in his biennial reports.
S e c . 4. Duties of State officers.— It shall be the duty of all officers of State
departments, and the assessors of the various counties of the State, to furnish,
upon the written request of the commssioner, all the information in their
power necessary to assist in carrying out the objects of this a c t; and all print
ing required by the bureau in the discharge of its duty shall be performed by
the State printing department, and at least three thousand (3,000) copies of
the printed report shall be furnished the commissioner for free distribution to
the public.
*
S e c . 5. Hindering commissioner.— Any person who w illfully impedes or pre
vents the commissioner, or his deputy, in the fu ll and free performance of his
or their duty, shall be guilty of a misdemeanor, and upon conviction of the
•ame shall be fined not less than ten (10) nor more than fifty (50) dollars, or
xnprisoned not less than seven (7 ) nor more than thirty (30) days in the
county jail, or both.
S e c . 6. Information to be furnished by bureau.— The office of the bureau
shall be open for business from nine (9 ) o’clock a. m. until five (5 ) o’clock p. m.
every day except nonjudicial days, and the officers therefor shall give to all per
sons requesting it all needed information which they may possess.
S e c . 7 (as amended 1923, eh. 257). Collection of wages; entry .— The com
missioner and his representatives duly recommended by him in writing shall
have the power and authority, when in his judgment he deems it necessary,
to take assignments of wage claims and prosecute actions for the collection o f
wages and other demands of persons who are financially unable to employ
counsel in cases in which,' in the judgment of the commissioner, the claims for
wages are valid and enforceable in the courts; to issue subpoenas, to compel the
attendance of witnesses or parties and the production of books, papers or rec
ords, and to administer oaths and to examine witnesses under oath, and to
take the verification or proof of instruments of writing, and to take deposi
tions and affidavits fo r the purpose of carrying out the provisions of this act
and all other acts now or hereafter placed in the bureau for enforcement.
W hen such assignments for wage claims are taken, no court costs shall be
payable by said labor commissioner for prosecuting such suits. The commis
sioner shall have a seal inscribed “ Bureau of Labor Statistics— State of Cali
fo rn ia ” and all courts shall take judicial notice of such seal. Obedience to
subpoenas issued by the commissioner or his duly authorized representatives
shall be enforced by the courts in any county or city and county. The com
missioner and his representatives shall have free access to all places and
works of labor, and any principal, owner, operator, manager, or lessee of any
mine, factory, workshop, manufacturing or mercantile establishment, or any
agent or employee of such principal, owner, operator, manager, or lessee who
shall refuse to said commissioner, or his duly authorized representative, ad
mission therein, or who shall, when requested by him, willfully neglect or re
fuse to furnish to him any statistics or information, pertaining to his law ful
duties, which may be in his possession or under the control of said principal,
owner, dperator, lessee, manager or agent thereof shall be punished by a fine
of not more than two hundred dollars.
S e c . 8 (added 1889, ch. 10). Information confidential.— N o use shall be
made in the reports of the bureau of the names of individuals, firms, or cor
p o r a t o r supplying the information called for by this act, such information
being deemed confidential, and not for the purpose of disclosing any person’s
affairs; and any agent or employee of said bureau violating this provision
shall be deemed guilty of a misdemeanor, and upon conviction thereof shall
be punished by a fine not to exceed five hundred dollars or by imprisonment
in the county ja il not to exceed six months.
105446°— 25------13
194
TEXT AN D
A B R ID G M E N T
OF LAB O R
LAW S
S e c . 9 (a s amended 1917, ch. 211). Appointees.— The commissioner shall ap
point two deputies who shall have the same power as said commissioner; an
assistant deputy who shall reside in the county of Los A ngeles; a statistician
and chief exam iner; a stenographer; and such agents or assistants as he may
from time to time require, at such rate of wages as he may prescribe, and
actual traveling expenses fo r each person while employed. H e shall procure
rooms necessary for office in San Francisco, Los Angeles, Sacramento, San
Diego, and in such other places as he may deem necessary, at a rent not to
exceed the sum of $400 per month.
S e c . 10 (a s amended 1917, ch. 211). Salaries .— The salary of the commis
sioner shall be four thousand dollars per annum, the salary of each deputy
commissioner shall be twenty-four hundred dollars per annum, the salary of
the assistant deputy shall be twenty-one hundred dollars per annum, the sal
ary of the statistician shall be twenty-one hundred dollars per annum, the sal
ary of the stenographer shall be twelve hundred dollars per annum, to be
audited by the controller and paid by the State treasurer in the same manner
as other State officers. There shall also be allowed a sum not to exceed forty
thousand dollars per annum for salaries of agents or assistants, for traveling
expenses, and for other contingent expenses of the bureau.
S e c . 12. Inspection of scaffolding, etc.— Whenever complaint is made to the
commissioner that the scaffolding, or the slings, hangers, blocks, pulleys, stays,
braces, ladders, irons, or ropes of any swinging or stationary scaffolding used in
the construction, alteration, repairing, painting, cleaning, or painting of a
building are unsafe or liable to prove dangerous to the life or limb of any
person, such commissioner shall immediately cause an inspection to be made
of the scaffolding or the slings, hangers, blocks, pulleys, stays, braces, lad
ders, irons or other parts connected therewith. I f after examination such
scaffolding or any of such parts is found dangerous to life or limb, the com
missioner shall prohibit the use thereof, and require the same to be altered
and reconstructed so as to avoid such danger. The commissioner, deputy
commissioner, or agent or assistant making the examination shall attach a
certificate to the scaffolding, or the slings, hangers, irons, ropes, or other
parts thereof, examined by him, stating that he has made such examination
and that he found it safe or unsafe as the case may be. I f he declared it
unsafe, he shall at once, in writing, notify the person responsible for its
erection of the fact and w arn him against the use thereof. Such notice may
be served personally upon the person responsible for its erection or by con
spicuously affixing to the scaffolding or the part thereof declared to be unsafe.
A fte r such notice has been so served or affixed the person responsible there
for shall immediately remove such scaffolding or part thereof and alter or
strengthen it in such a manner as to render it safe, in the discretion of
the officer who has examined it or o f his superiors. The commissioner, his
deputy, and any duly authorized representative whose duty it is to examine or
test any scaffolding or part thereof as required by this section, shall have
free access, at all reasonable hours, to any building or premises containing
them or where they may be in use. A il swinging and stationary scaffolding
shall be so constructed as to bear four times the maximum weight required
to be dependent therefrom and placed thereon, when in use, and not more
than four men shall be allowed on any swinging scaffolding at one time.
A
ct
No. 2223.—Mine regulations— Coal mines
S e c t i o n s 1-7. Requirement.— [These sections require owners to provide maps
o f all workings in a coal mine, the same to be open to inspection; to provide
an escape shaft, adequate ventilation, and inspection by an inside overseer,
whq shall see that the hoisting machinery is in constant repair.]
S e c s . 8 , 9. Violations.— [Actions lie for injuries due to violations of the act.
W illfu l negligence on the part of the overseer subjects him to punishment;
and if it causes death, he shall be deemed guilty o f manslaughter.]
Secj 10. Steam boilers.— [Steam boilers used in or about coal mines must
be inspected at least quarterly.]
S e c . 1 1 . New mines.— [ T h e a c t d o e s n o t a p p l y t o t h e o p e n i n g o f n e w m i n e s . ]
A
ct
No. 2665 (a s amended 1907, ch. 224).—Hours of labor of drug clerics
S e c t i o n 2 (a s amended 1921, ch. 765). Nine hours.— A s a measure for the
protection of public health, no person employed by any person, firm, or
C A L IF O R N IA — S IM S * D E E R IN g ’s
CODES—
1906
195
corporation, shall fo r more than nine hours during any one day of twentyfour hours, or fifty-four hours a week of six days a week, perform the work
of selling drugs or other medicines, or compounding physicians’ prescriptions,
in any store, establishment, or place of business, where and in which drugs
or medicines are sold at retail, and where and in which physicians’ prescrip
tions are. compounded: Provided , That in answering of and attending to emer
gency calls shall not be construed as a violation of this act.
S e c . 3 (a s amended 1921, ch. 765). Duty of employers.— N o person, firm, or
corporation employing another person to do work which consists wholly or in
part of selling, at retail, drugs or medicines, or of compounding physicians’
prescriptions, in any store, or establishment, or place of business where or in
which medicines are sold, and where and in which physicians’ prescriptions
are compounded, shall require or permit said employed persons to perform
such work for more than an average of nine hours during any one day of
twenty-four hours, or fifty-four hours a week of six days a week.
S e c . 4. Violations.— [Penalties are fine of not less than $20 nor more than
$50, or imprisonment not exceeding 60 days, or both.]
S e c . 5. Enforcement.— The commissioners of the State bureau o f labor sta
tistics are hereby authorized, directed and empowered to enforce the
provisions of this act.
This act is valid, but being a criminal statute must be strictly construed. Inter
mittent sales of drugs and of other articles commonly sold in drug stores, the total period
exceeding nine hours, is not a violation of section 2. Ex parte Twing (1922), 204 Pac.
A
ct
No. 2894.— Rates of wages of employees on public works
S e c t i o n 1. Minimum.— [T h is act fixed a minimum of $2 per day for labor
under the direction or control o f any officer of the State, by contractors or
otherwise.]
A
ct
No. 3574 (a s amended 1921, ch. 885).— Employment of children—School
attendance
S e c t i o n 1. Attendance required.— [Children under 16 years of age must
attend the full term unless, among other reasons, they hold work permits
under this ac t Illiterates to 18 years of age are subject to requirements for
part-time attendance.]
S e c . 3a. Permits.— [Superintendents of schools or persons authorized by
them may issue permits to children 15 years of age who have completed 7
grades of school work, and to those 14 years of age who have completed an
elementary course, if their labor is necessary fo r the support of the family.
Evidence of age, schooling and physical fitness is required; also a statement
from the prospective employer of the nature of the proposed employment.
Children under 14 years of age may receive permits for work outside of
school hours for such periods as, added to the period of required school at
tendance, w ill not exceed 8 hours per d a y ; or such child may be assigned to a
vocational course in his place of employment in lieu of regular school w ork.]
S e c . 3b. Vacation permits.— [M inors over 12 years of age may be granted
permits fo r employment during vacation in such employments as the attained
age renders law fu l.]
S e c . 3 c . Permits to employers.— [Persons authorized to grant permits to
work may also issue permits to employers for the employment of children,
which shall, show the kind of work to be done, a schedule of hours of school
attendance, part or fu ll time; the name and address of the employer and of
the minor; and the term of the permit. This act does not modify the terms
of sections 3 % or 5 of chapter 259, Acts of 1919.]
S e c . 3d. Duty of employers, violations.— [Employers of children under 16
years of age must’keep registers, post schedules, and keep permits on file, sub
ject to official inspection. Violations are punishable by fines, $50 to $200, or
imprisonment not over 60 days, or both.
Minors with permits, if within the provisions o f compulsory school at
tendance, must enroll as pupils if unemployed for a period longer than 10
consecutive days. Annual reports must be made of all permits issued.]
196
TEXT A N D
A B R ID G M E N T
OF LAB O R
LAW S
A C T S O F 1907
C h a p t e r 530.— Antitrust
law—Labor organizations exempt
S e c t i o n 13 (added 1909, ch. 362). Labor not a commodity.— Labor, whetherskilled or unskilled is not a commodity within the meaning of this a c t
A C T S O F 1909
C h a p t e r 331.—
Labor organizations— Unauthorized use of badges
S e c t i o n 1. Unauthorized use prohibited.— A ny person who shall w illfully
w ear the button of any labor union of this State,, unless entitled to wear
said button under the rules of such union, shall be guilty o f a misdemeanor,
and, upon conviction, shall be punished by imprisonment fo r a term not to
exceed twenty days in the county jail or by a finb not to exceed twenty dol
lars, or by both such fine and imprisonment.
C h a p t e r 387.— Employment
of labor on public works
S e c t i o n 9 (a s amended 1915, ch. 666). Compliance w ith Jaws .—
* * *
A ny such contracts [fo r public w orks] shall provide fo r the filing of a suffi
cient bond by the contractor to secure the payment of the claims of material
men, mechanics, or laborers employed upon State w o rk ; a penalty o f ten
dollars per day to be forfeited to the State for each calendar day during which
any laborer, workman or mechanic is employed or permitted to labor more
than eight hours; a minimum compensation of not less than two dollars per
day for labor; that no Chinese or Mongolian labor shall be employed and
such other provisions as are now or may hereafter be provided by law.
C h a p t e r 392.—Labor
organizations— Unauthorized use of cards
Section 1. Unauthorized use prohibited.— Any person, who shall w illfully
use the card of any labor union to obtain aid, assistance or employment,
thereby within this State, unless entitled to use said card under the rules
and regulations of a labor union within this State, shall be guilty of a misde
meanor.
A C T S O F 1911
C h a p t e r 49 (a s amended 1913, ch. 168).— Railroads—Experienced
employees
S e c t i o n 4. Qualifications.— It shall be unlaw ful for any such common car
rier [by railroad in the State of California operating more than four trains
each w ay per day of twenty-four hours on any main truck or branch line o f
railroad within this State] to employ any person as a steam locomotive engi
neer who shall not have had at least three years* actual service as a steam
locomotive fireman or one year’s actual service as a steam locomotive engi
neer, or to employ any person as a conductor who shall not have had at
least two years’ actual service as a railroad brakeman on steam or electric
railroad other than street railway, or one year’s actual service as a railroad
conductor, or to employ any person as a brakeman who shall not have passed
the regular examination required by transcontinental railroads: Provided ,
That nothing in this act contained shall apply to the running or operating
of locomotives or motor power cars to and from trains at terminals by hostlers
or to the running or operating of steam locomotives or motive power cars to
and from engine houses or to the doing of work on steam locomotives or motive
power cars at shops or engine houses.
S e c . 5 . Penalty.— A ny violation of this act shall be a misdemeanor, and
shall be punished by a fine not exceeding five hundred dollars, or by impris
onment in the county ja il not to exceed six months, or by both such fine and
imprisonment
S e c . 6. Strikes.— Nothing in this act contained shall apply to the opera
tion of any train by said common carrier during times of strikes or walkouts,
participated in by any of the hereinbefore mentioned employees of such com
mon carriers.
CA L IFO R N IA — ACTS OF 1911
197
C h a p t e r 92 (a s amended 1915, ch. 628).—Payment of wages in scrip
S e c t io n 1. Orders, etc,, to be negotiable.— No person, firm, or corporation
shall issue, in payment of or as an evidence of indebtedness for wages due an
employee, any order, check, memorandum, or other acknowledgment of indebt
edness, unless the same is negotiable, and is payable upon demand without dis
count in cash at some bank or other established place of business in the State;
and no person, firm or corporation shall issue in payment of wages due, or
wages to become due an employee, or as an advance on wages to be earned
by an employee, any scrip, coupons, cards or other thing redeemable in mer
chandise or purporting to be payable or redeemable otherwise than in money.
But nothing herein contained shall be construed to prohibit an employer from
guaranteeing the payment of bills incurred by an employee for the necessaries
of life or for the tools and implements used by such employee in the per
formance of his duties: Provided, however, That the provisions of this act shall
not apply to counties, cities and counties, municipal corporations, quasi munici
pal corporations or school districts organized and existing under the laws of this
State.
S e c . 2. Violations.— [The penalty for violation is a fine not exceeding $500,
or imprisonment for not over six months, or both.]
C h a p t e r 258 (as amended 1913, ch. 352).—Employment of women
S e c t io n 1 (a s amended 1919, ch. 248).— Eight-hour workday.— No female
shall be employed in any manufacturing, mechanical, or mercantile establish
ment, laundry, hotel, public lodging house, apartment house, hospital, place
of amusement, or restaurant, or telegraph or telephone establishment or office,
or in the operation of elevators in office buildings, or by any express or trans
portation company in this State more than eight hours during any one day of
twenty-four hours or more than forty-eight hours in one week. It shall be
unlaw ful for any employer of labor to employ, cause to be employed, or permit
any female employee to labor any number of hours whatever with knowledge
that such female has heretofore been employed within the same date and day of
twenty-four hours in any establishment and by any previous employer for a
period of time that will, combined with the period of time of employment by a
previous employer exceed eight hours: Provided , That this shall not prevent
the employment of any female in more than one establishment where the total
number of hours worked by said employee does not exceed eight hours in any
one day of twenty-four hours. I f any female shall be employed in more than
one such place, the total number of hours of such employment shall not exceed
eight hours during any one day of twenty-four hours or forty-eight hours in
one week. The hours of work may be so arranged as to permit the employ
ment of females at any time so that they shall not work more than eight hours
during the twenty-four hours of one day or forty-eight hours during any one
week: Provided further, That the provisions of this section in relation to
hours of employment shall not apply to or affect graduate nurses in hospitals,
nor the harvesting, curing, canning, or drying of any variety of perishable
fruit, fish, or vegetable during such periods as may be necessary to harvest,
cure, can, or dry said fruit, fish, or vegetable in order to save the same from
spoiling.
S e c . 2. Seats.— Every employer in any manufacturing, mechanical or mer
cantile establishment, laundry, hotel, or restaurant, or other establishment
employing any female,, shall provide suitable seats for all female employees,
and shall permit them to use such seats when they are not engaged in the
active duties of their employment.
S e c . 3. Enforcement.— 'The bureau of labor statistics shall enforce the provi
sions of this, act. The commissioner, his deputies and agents, shall have all
powers and authority of sheriffs or other peace officers, to make arrests for
violations of the provisions of this act, and to serve all processes and notices
thereunder throughout the State.
S e c . 4. Violations.— [Violations of sections 1 and 2 of this act are punishable
for a first offense by fine of not less than $25 nor more than $50; fo r a second,
not less than $100 nor more than $250; or by imprisonment for not more than
60 d ay s; or both.]
198
TEXT AN D
A B R ID G M E N T
OF LAB O R
LAW S
C h a p t e r 399.— Liab ility of employers for injuries to employees
S e c t io n 1. Negligence to be compared.— In any action to recover damages
for a personal injury sustained within this State by an employee while engaged
in the line of his duty or the course of his employment as such, or for death
resulting from personal injury so sustained, in which recovery is sought upon
the ground of want of ordinary or reasonable care of the employer, or of
any officer, agent or servant of the employer, the fact that such employee
may have been guilty of contributory negligence shall not bar a recovery
therein where his contributory negligence w as slight and that of the employer
was gross, in comparison, but the damages may be diminished by the jury in
proportion to the amount of negligence attributable to such employee, and it
shall be conclusively presumed that such employee w as not guilty of con
tributory negligence in any case where the violation of any statute enacted for
the safety of employees contributed to such employee’s in ju ry ; and it shall not
be a defense:
(1 ) That the employee either expressly or impliedly assumed the risk of
the hazard complained of.
(2 ) That the injury or death was caused in whole or in part by the want of
ordinary or reasonable care of a fellow servant.
S e c . 2. Waivers.— No contract, rule or regulation, shall exempt the employer
from any of the provisions of the preceding section of this act
C h a p t e r 590 (a s amended 1921, ch. 334).— Protection of employees on buildings
S e c t io n 1. Floors required, when.— Any building more than two stories high
in the course of construction shall have the joists, beams, or girders of floors
below the floor or level where any work is being done, or about to be done,
covered with flooring laid close together, or with such other suitable material
as w ill protect workmen engaged in such building from falling through joists
or girders, and from falling planks, bricks, rivets, tools, or any other substance
whereby life and limb are endangered, as fo llo w s:
(a )
Any such building which is of reinforced concrete construction, with
reinforced concrete floors, shall have the floor filled in either with forms or
concrete on each floor before the commencement of work upon the walls of the
second floor above, or the commencement of work upon the floor of the next
floor above. Any building having wooden floors, other than a steel frame
building, shall have the underflooring, if double flooring is to be used, laid on
each floor within the time hereinabove described fo r reinforced concrete floors.
W here single wooden floors are to be used, each floor shall be planked over
within the time hereinbefore prescribed.
(& ) I f such building has a structural frame o f iron or steel, the entire floor
of every second story, except such space as may reasonably be required for the
proper construction of such building, shall be thoroughly covered with planks
tightly laid together, so that workmen shall have at all times planked floors
within two stories below them.
(c ) I f a span of a floor exceeds thirteen (13) feet, an intermediate beam
shall be used to support the temporary flooring: Provided , however, That
spans not to exceed sixteen (16) feet may be covered by three (3 ) inch
planks without such beam. Such intermediate beam shall be of a sufficient
strength to sustain a live load of fifty (50) pounds per square foot of the
area supported.
(d ) I f the distance between planked floors in any building or structure ex
ceeds twenty-five (25) feet, intermediate flooring or safety nets shall be pro
vided, which shall be fixed not to exceed twenty-five (25) feet below a floor
upon which work is being performed and as close to such floor as practicable.
( e) The erection gang shall at all times have a planked floor below them
not more than two stories distant.
if ) The riveting gang and steel painters shall at all times have a planked
floor below them not more than two stories distant
Men working below
riveting gangs shall at all times be protected from falling objects by having
a planked floor between them and the riveting gangs.
(g ) I f building operations are suspended and the temporary flooring here
inbefore required is removed, upon the resumption o f work, in case of such
suspension, the building must be replanked so that every man at work shall
have a covered floor not more than two floors below.
(h ) W here a building is being constructed in sections each section shall
constitute a building for the purpose of this act,
C A L IF O R N IA — A C T S
OF
1913
199
S e c , 2. Spliced columns.— W here such building has a structural frame of
iron or steel and the iron or steel columns are spliced at every story the
erection gang shall in no case be more than two stories distant from the rivet
ing gang. I f the columns are spliced every second or third story the erection
gang shall in no case be more than four stories distant from the riveting gang.
S e c . 3. Floors.— Planked floors shall consist of planks tightly laid together
of number one common lumber, not less than two inches thick and eight inches
wide, free from protruding nails or other objects. Nets shall consist of at least
one and one-half inch manila rope with three-quarter inch borders and four by
four inch mesh. The borders of the nets shall be provided with loops so that
they can be readily combined or attached to convenient points on the struc
tural frame.
S e c . 4. Acts forbidden.— No owner, agent of the owner, general contractor,
contractor, subcontractor, or other person shall proceed with any work assigned
to or undertaken by him, or require or permit any other person to proceed with
work assigned to or undertaken by either, unless the planking or nets required
by this act are in place. Violation of this section shall constitute a misde
meanor.
S e c . 5. Enforcement.— It shall be the duty of the industrial accident com
mission to enforce the provisions of this a ct
A C T S O F 1913
C h a p t e r 148.— Protection of employees on buildings
S e c t io n 1 (as amended 1921, ch. 333). Scaffolds, etc.— A ll scaffolding or
staging swung or suspended from an overhead support which is more than ten
feet from the ground or floor, shall have a safety rail of wood, or other equally
rigid material of sufficient strength. Such rail shall be properly secured and
braced; such rail to rise at least forty-two inches above the floor or floors or
main portions of such scaffolding or staging, and to extend along the entire
length of the outside and ends thereof, and properly attached thereto; and such
a scaffolding or staging shall be fastened so as to prevent the same from
swaying from the building or structure, or place of work where such scaffold
ing or staging is being used. Any and all parts of such scaffolding or staging
shall be of sufficient strength to support, bear, or withstand with safety, any
weight of persons, tools, appliances, or materials that may be placed thereupon
or that are to be supported’ thereby while such scaffolding or staging is being
used for any of the purposes thereof. The industrial accident commission of
the State of California is hereby authorized to make and enforce safety
orders in the manner prescribed by law, to supplement and carry into effect
the purposes and provisions o f this act.
S e c . 2. Safety lines.— In addition to the duties imposed upon an employer by
any law regulating or relating to scaffolding or staging, it shall be the duty
of such employer who uses or permits the use of scaffolding or staging, as de
fined in section one of this act, in connection with construction, alteration, re
pairing, painting, cleaning or the doing of any other kind of work upon any
building structure, or other thing or place of work, to furnish safety lines to
tie all hooks and hangers back on the roof of such building, structure or other
thing or place of work, and to provide safety lines hanging from the roof,
securely tied thereto, and one such line to be provided between each pair of
hangers or falls and near the ends of all such scaffolding or staging. W hen
planks are used for the platforms or floors of such scaffolding or staging, they
shall be not less than fourteen inches in width, and not less than one and onehalf inches in thickness, and shall be of wood free from knots or fractures im
pairing the strength of such planks. Not more than two men shall be allowed
or placed to work between two hangers or falls upon such scaffolding or staging.
S e c . 4 (as amended 1921, ch. 333). Enforcement.— It shall be the duty of
the industrial accident commission to enforce the provisions o f this a c t
C h a p t e r 81.— Wiping rags
S e c t io n 1. To be sterilized.— Every person or corporation who supplies or
furnishes to his or its employees for wiping rags, or who sells or offers for
sale for wiping rags, any soiled wearing apparel, underclothing, bedding, or
parts of soiled or used underclothing, wearing apparel, bedclothes, bedding or
soiled rags and cloths, unless the same have been sterilized by a process of
200
T E X T AND? A B R I D G M E N T
OF LAB O R
LAW S
boiling for forty minutes in a solution containing five per cent of caustic soda,
and unless before such boiling, the sleeves, legs and bodies of garments are
ripped and made into flat pieces, is guilty of a misdemeanor.
S e c . 2 . Definition .— W iping rags within the meaning of this act are cloths
and rags used fo r wiping and cleaning the surfaces of machinery, machines,
tools, locomotives, engines, motor cars, automobiles, cars, carriages, windows,
and furniture, and surfaces of articles, appliances and engines in factories,
shops, steamships and steamboats, and generally used for cleaning purposes in
industrial employments, and also used by mechanics and workmen for wiping
from their hands and bodies soil incident to their employment.
S e c . 4 . Inspection.— Every peace officer, health officer or health inspector,
upon proper demand and notice of his authority, shall be permitted, during
business hours, to enter factories, shops, yards, ships, boats and premises
where wiping rags are used, or are kept for sale, or offered for sale, and inspect
such wiping r a g s ; and it shall be unlawful for any person, firm, company or
corporation to refuse to permit such inspection, or to impede or obstruct such
officer during such inspection.
S e c . 6. Sale.— Every package or parcel of wiping rags must, before being sold
or offered for sale, be plainly marked “ sterilized wiping rags,” with the num
ber and date of permit given fo r the conducting of the laundry in which the
rags contained in such package or parcel were laundered and sterilized, and
the name of the board or officer issuing the perm it; or with the name and loca
tion of the laundry in which such rags were laundered and sterilized.
S e c . 7 . Penalty.— Any person, firm or corporation who shall violate any of
the provisions of this act shall be guilty of a misdemeanor.
Chapter
1 8 2 . —Labor
camps
S e c t i o n 1 (a s amended 1 9 1 9 , ch. 1 6 4 ) . Sanitation.— In or at any camp where
five or more persons are employed, bunk houses, tents or other suitable sleep
ing places must be provided for all the employees. Such bunk houses, tents
or other sleeping places must be in good structural condition, and so construct
ed as to provide shelter to the occupants against the elements and so as to ex
clude dampness in inclement weather. The bunk houses, tents and other sleep
ing places shall be kept in a cleanly state, and free from vermin and matter
of an infectious and contagious nature, and the grounds around such bunk
houses, tents or other sleeping places shall be kept clean and free from accumu
lations of dirt, filth, garbage, and other deleterious matter.
S e c . 2 (a s amended 1 9 2 1 , ch. 7 6 7 ) . Sleeping places.— Every bunk house, tent,
or other sleeping place used for the purpose of a lodging or sleeping apartment
in such camp shall contain sufficient air space to insure an adequate supply of
fresh air fo r each person occupying such bunk house, tent, or other sleeping
place.
Suitable bunks or beds shall be provided for all employees.
Such
bunks or beds shall be made of steel, canvas or other sanitary material, and
shall be so constructed as to afford reasonable comfort to the persons occupy
ing same. A clear space of at least twenty inches extending from the floor to
the ceiling or roof of any bunk house, tent or other sleeping place must be al
lowed between each bed or bunk in any bunk house, tent or sleeping place.
Upon request o f an employee he must be supplied with a mattress or some
equally comfortable bedding for which a reasonable charge may be made, the
.same to be deducted from his wages. W hen straw or other substitute for a
*mattress is used a container or tick must be provided.
S e c . 3 (a s amended 1 9 2 1 , ch. 7 6 7 ) . Eating places.— Every mess house, dining
room, mess tent, dining tent, kitchen or other structure where food is cooked,
prepared or served in such camp shall be kept in a clean and sanitary state,
and the opening of such structure shall be screened. A ll dishes, cooking uten
sils, or other vessels in which food is prepared, or kept, or from which food is
to be eaten, and all knives, forks, spoons, and other implements used in the
eating of food must be kept in a clean, unbroken and sanitary condition.
S e c . 4 (a s amended 1 9 1 9 , ch. 1 6 4 ) . Bathing and toilet faculties.— F o r every
such camp there shall be provided convenient and suitable bathing facilities of
a reasonable nature to suit conditions, which shall be kept in a clean and sani
tary condition. For every such camp there shall be provided convenient and
suitable privy or other toilet facilities, which shall be kept in a clean and sani
tary state. A privy other than a water-closet shall consist of a pit at least
two feet deep, with suitable shelter over the same, and the openings of the
C A L IFO R N IA — A C T S OF 19*13
201
shelter and pit shall be inclosed by screening or other suitable fly netting.
No privy shall be filled with excreta to nearer than one foot from the surface
of the ground and the excreta in the pit shall be covered with earth, ashes, lime
or other similar substance.
S ec. 5 (a s amended 1919, ch. 164). Disposal of garbage.— A ll garbage, kitchen
wastes and other rubbish in such camp shall be deposited in suitable covered
receptacles which shall be emptied daily or oftener if necessary, and the con
tents burned, buried or otherwise disposed of in such a w ay as not to be or
become offensive or insanitary. A ll drainage from the kitchen sink shall be
carried through a covered drain to a covered cesspool or septic tank or other
wise disposed of in such a way as not to become offensive or insanitary.
S ec. 6 (a s amended 1919, ch. 164). Duty of employers.— It shall be the
duty of any person, firm, corporation, agent, or officer of a firm or corporation
employing persons to work in or at camps to which the provisions of this act
apply and the superintendent or overseer in charge of the work in or at
such camps to carry out the provisions of this act. A t every such camp, such
owner, superintendent, or overseer shall appoint a responsible person to
assist in keeping the camp clean.
S ec. 7 (a s amended 1921, ch. 767). Enforcement.— The commission of immi
gration and housing of California shall administer this act and secure the
enforcement of the provisions thereof, and fo r such purposes the officers and
agents of the said commission shall have the right to enter upon either public
or private property within the State to determine whether or not there exists
upon such property any camp to which the provisions of this act may apply;
and to enter and inspect all camps within the State of California wheresoever
the same may be situated, and to inspect all accommodations, equipment, or
paraphernalia connected therewith; and to enter upon and inspect all adjacent
land surrounding the said or any such camp to determine whether or not the
sanitary and other requirements of this act have been or are being complied
with. Any camp coming under the provisions of this act which does not con
form to the provisions of this act is hereby declared a public nuisance, and if
not made to so conform within five days or within such longer period of time
as may be allowed by the commission of immigration and housing, after written
notice given by the said commission, shall be abated by proper action brought
for that purpose in the superior court of the county in which such camp, or
the greater portion thereof, is situated.
For the purpose of securing the enforcement of this act the officers and agents
of the commission of immigration and housing of California shall have the
power and authority of sheriffs and other peace officers to make arrests, to serve
any process or notice throughout the State of California, and to use such
other power and authority as is vested in sheriffs and other peace officers, and
as may become necessary in securing the enforcement of this act.
S ec. 8 (added 1915, ch. 329). Violations.— [Violations entail a fine of not
more than $200, or imprisonment for not more than 60 days, or both.]
Ch apter
186.— Hours of labor in mines, smelters, etc.
S e c t io n 1. Eight hours per day.— The period of employment fo r all persons
who are employed or engaged in work in underground mines in search of
minerals, whether base or precious, or who are engaged in such underground
mines for other purposes, or who are employed or engaged in any other under
ground workings whether fo r the purpose of tunneling, making excavations
or to accomplish any other purpose or design, or who are employed in smelters
and other institutions fo r the reduction or refining of ores or metals, shall not
exceed eight hours within any twenty-four hours, and the hours of employ
ment in such employment or work day shall be consecutive, excluding, however,
any intermission of time fo r lunch or meals: Provided , That, in case of
emergency where life or property is in imminent danger, the period may be a
longer time during the continuance of the exigency or emergency.
S ec. 2. Violations.— [Violations are punishable by fine of not less than $50
nor more than $300, or by imprisonment not more than 3 months, or both, at
the discretion of the court.]
An earlier statute on this subject was held to be constitutional; the provision that
the hours of labor shall be consecutive is a matter of legislative policy, not reviewable
by the courts. 106 Pac. 235.
TEXT A N D
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A B R ID G M E N T
OF LAB O R
LAW S
C h a p t e r 198.— Payment of wages—Seasonal occupations
S ection 1. Definition.— F o r the purpose o f this act the term "seasonal
labor ” shall include all work performed by any person employed fo r a period
of time greater than one month, and where the wages for such w ork are not
to be paid at any fixed intervals of time, but at the termination o f such em
ployment, and where the work is to be performed outside o f this State:
Provided , That such person is hired within this State and the wages earned
during such employment are to be paid in this State at the termination o f such
employment
S ec. 2. Payment of wages.— Upon application o f either the employer or the
employee, the wages earned in seasonal labor, shall be paid in the presence of
the commissioner of the bureau of labor statistics or an examiner appointed
by him.
S ec. 8. Duties of commissioner.— The commissioner shall hear and decide all
disputes arising from wages earned in seasonal labor and he shall allow or
reject any deductions made from such w a g e s: Provided , however, That he shall
reject all deductions made fo r gambling debts incurred by the employee during
such employment and fo r liquor sold to the employee during such employment
S ec. 4. Award.— A fte r final hearing by the commissioner, he shall file in the
office of the bureau of labor statistics, a copy of the findings upon facts and
his award.
S ec. 5. Same.— The amount of the aw ard o f the commissioner shall be con
clusively presumed to be the amount of the wages due and unpaid to the
employee at the time of the termination o f the employment, and prosecution
may be commenced under the provisions of an act * * * [Chapter 663,
Acts of 1911].
S ec. 6. Powers of commissioner.— The commissioner or any examiner ap
pointed by him, shall have power and authority to issue subpoenas to compel
attendance of witnesses or parties, and the production of books, papers or
records and to administer oaths.
Obedience to such subpoenas shall be
enforced by the courts o f any county or city and county.
S ec . 7. Construction of act.— This act shall not be construed to apply to the
wages earned by seamen or other persons, where the payment of wages is
regulated by Federal statute.
C hapter 227.— Bureau of labor statistics—Attorney
S e c t io n 1. Attorney to be appointed.— The office of attorney fo r the State
bureau of labor statistics is hereby created.
Said attorney shall be ap
pointed by the commissioner o f the bureau of labor statistics.
S ec . 2. Duties.— It shall be the duty of such attorney to act fo r and repre
sent the State bureau o f labor statistics and the commissioner thereof in
all legal matters which may require the attention of such State bureau of
labor statistics and the commissioner thereof, and to specially represent and
act for and in cooperation thereof, when required, in the prevention of all
acts and things which, in the judgment of the State bureau of labor statistics
or the commissioner thereof, as w ill best subserve and carry out the provisions
of an act entitled, "A n act to establish and support a bureau of labor statistics,”
approved M arch 3, 1883; and also, all other acts which have been or may be
hereafter designated by the legislature to be enforced by said State bureau
of labor statistics or the commissioner thereof, and in all other matters per
taining to the w elfare of minors and labor generally and to assist and aid
the said bureau and the commissioner thereof with his advice, and to represent
and act for the same in court.
S ec . 3. Salary.— The salary of such attorney shall be twenty-four hundred
dollars per annum and shall be paid out o f the State treasury, upon w a r
rants drawn by the controller, in the same manner as the salaries o f other
State officers are paid.
C h a p t e r 255.— Registration of factories, etc.
S ection 1 (a s amended 1917, ch. 177). Who to register;— Whenever the
commissioner o f labor shall have been notified or otherwise becomes aw are of
the existence o f a new factory, or factories, he shall forw ard a notification of
said fact on or before the tenth day o f each month to the State board of
health and to the board o f health or the health officer of the city and county
wherein said factory or factories may be located.
C A L IF O R N IA — A C T S
OF 1913
203?
S ec. 2. Enforcement.— The bureau o f labor statistics shall enforce the pro
visions o f this a c t The commissioner, his deputies and agents, shall have
all the powers and authority of sheriffs or other peace officers, to make
arrests fo r violations o f the provisions of this a c t and to serve any process
or notice throughout the State.
S e c . 3. Violations.— [Violating or failing to comply w ith this act is punish
able by fine, $25 to $200, or by imprisonment not over 00 days, or both.]
Chapter
275.— Protection
of employees on buildings—Elevators
S e c t i o n 1. Definitions.— The words and phrases used in this act shall fo r
the purposes o f this act, unless the same be contrary to or inconsistent with
the context, be construed as fo llo w s:
1. “Elevator” shall mean any means used to hoist persons or material of
any kind on a building under course o f construction, when operated by any
power other than muscular power.
2. “Building” shall include structures of all kinds, regardless o f the pur
poses fo r which they may be intended to be used, and whether such construc
tion be below or above the level o f the ground.
S e c . 2 (a s amended 1921, ch. 332). Signals.— Every hoist hereafter used in
buildings during the course of construction shall have a system o f signals fo r
the purpose of signaling the person operating or controlling the machinery
which may operate or control the hoist. And it shall be the duty of the person
in charge o f such building to appoint one or more persons to give such signals,
such person to be selected from those most fam iliar with the work fo r which
said hoist is being used. The signaling devices provided shall be protected
against unauthorized or accidental operation. The industrial accident com
mission shall within six months after this act takes effect make and enter
its general safety order or orders in the manner prescribed by law, and may
from time to time thereafter amend such orders in the manner prescribed by
law, fo r the making o f general safety orders specifying and fixing the nature
and method o f signals and signaling devices and uniform signals to be used in
this state under the provisions o f this a c t U ntil such general safety order or
orders are so adopted, such signals and signaling devices shall be governed by
safety order number one thousand one hundred fifteen o f the general construc
tion safety orders of the industrial accident commission as in effect at the
time o f the passage of this act.
S e c . 3 (a s amended 1921, ch. 332). Inspection.— It shall be the duty of the
industrial accident commission to inspect all hoists coming within the defini
tion contained in section 1 of the act herein amended. I f any part of the con
struction or system o f signals used on a hoist is defective or may endanger
the lives o f the men working in immediate vicinity o f said hoist, the industrial
accident commission shall direct the person in charge thereof to remedy such
defect, and such hoist shall not be used again until the order of the commis
sion shall have been complied with.
S e c . 4 . Violations.— [Violations are punishable by a fine o f not less than
$50 nor more than $500, or by imprisonment for not less than 30 days nor more
than 6 months, or both.]
C h a p t e r 278.— Provisions
for accidents in factories
S e c t i o n 1. Medical chests.— E very person, firm or corporation operating a
factory or shop, or conducting any business in which power machinery is used
fo r any manufacturing purpose, except fo r elevators or fo r heating or hoisting
apparatus, where five or more persons are employed, shall at all times keep
and maintain, in some accessible place upon the premises upon which such fac
tory, shop or business is located, free of expense to the employees, a medical
oi surgical chest which shall contain an adequate assortment o f absorbent
lint, absorbent cotton, sterilized gauze, plain and medicated, adhesive plaster,
cotton and gauze bandages, also one tourniquet, one pair o f scissors, one p air
of tweezers, one ja r carbolized petrolatum, one bottle antiseptic solution, and
one first-aid manual, all o f which shall cost not less than six dollars, and to
be used in the treatment o f persons injured or taken ill upon the premises.
S e c . 2. Penalty.— Any person, firm or corporation violating this act shall be
subject to a fine o f not less than ten dollars nor more than fifty dollars for
every week during which such violation continues.
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TEXT AND ABRIDGMENT OP LABOR LAWS
C h apter 282.— Private employment offices
Section 1. Definitions.— [Defines 41agency,” 44engagement,” 44fee,” etc,]
Sec . 2. License.— I N o person may open or carry on any agency without a
license from the commissioner o f labor.]
S ec. 3. Applications.— [Applications must be in prescribed forms, stating name
and address o f applicant, business fo r at least two years preceding, whether a
lodging house for the unemployed is to be conducted, and must be accompanied
by affidavits of good character.]
Sec . 4 (a s amended 1915, ch. 551). Duties of commissioner.— [T h e commis
sioner may cause an investigation to be made of the character and responsi
bility of the applicant, examine witnesses under oath, and must grant or refuse
license within 30 days. Agencies may not be operated in connection with living
rooms or eating or lodging houses or rooms. N o license may be issued fo r 3
years after a revocation. Revocation may be made for violations of the law,
ceasing to be of good moral character, or change of conditions under which the
license was issued.]
Sec . 5. Contents of license.— [Licenses must show name of holder, location
of business, and whether the holder conducts a separate lodging house.]
Sec . 6. Transfer.— [Licenses may be transferred to another person or place
only with the written consent of the commissioner. No fee is charged for
transfer.]
Sec. 7 (a s amended 1915, ch. 551). License fee.— [A fee of $100 must be paid
in cities above third class, $50 in third and fourth classes, and $10 elsewhere.
Penal bonds ranging from $2,000 to $500 are required to secure compliance with
the law and protect persons injured by fraud, deceit, etc.]
Sec . 8. Suits.— [Persons claiming damages may sue on the bond as in a civil
suit.]
*
Sec. 9. Registers.— [Registers must be kept, showing name of applicant, date
applied, date work w as promised or information given, fee required and other
data as the commissioner may require. Corresponding records must be kept of
applicants for help, showing rate of wages to be paid.]
Sec . 10. Inspection.— [Registers, etc., are to be open to official inspection.]
Sec . 11 (a s amended 1923, ch. 412). Receipts.— [Receipts, numbered consecu
tively and issued in duplicate, are to be given every applicant from whom a fee
is received. The receipt must show that the agency is licensed, give its name,
address, and telephone number, if any; give the name of the applicant and o f
the prospective employer, the amount of fee charged the applicant and the em
ployer, if a n y ; cost o f transportation, kind of work, wages, sanitary conditions,
hours, whether temporary or permanent (i. e. lasting more than 90 d ay s),
whether or not labor disputes exist, and any other term, condition, or under
standing agreed upon. A promise to return the fee, in accordance with section
12, must be incorporated.]
Sec . 11a (added 1923, ch. 413). Schedule of fees.— [A schedule of fees charged
must be filed with the commissioner of labor, the same to be posted in each
room of the agency. N o sum in excess of the schedule may be charged, and no
change may be made until seven days after filing with the commissioner and
posting in the agency.]
Sec. 12 (a s amended 1915, ch. 551). Orders; return of fees.— [N o fee may be
charged for registration of any person sent out for employement without a bona
fide order from an employer. I f no employment is secured the fee must be re
turned on demand, together with expenses of travel if the employment promised
w as outside the city limits. I f employment lasts less than seven days by reason
o f the worker’s discharge, the fee, or a portion thereof, as the commissioner
may determine, shall be returned.]
Sec. 13. False information , etc.— [The publication or use of false informa
tion, misleading advertisements, etc., is forbidden. A ll letterheads, receipts,
etc., must contain the name and address of the agency.]
S ec . 14 (a s amended 1915, ch. 551). Sending to certain places; notice of
strikes.— [N o woman or minor under 21 may be sent as an employee to any
house of ill fame or place of immoral resort, the character of which could have
been ascertained on reasonable in qu iry; nor may a child be placed in any em
ployment in violation of the child labor law. Notice must be given o f any exist
ing labor trouble. The splitting of fees is forbidden.]
Secs . 15, 16. [These sections relate to theatrical agencies.]
S ec . 17. Act to be posted.— [A copy of the act and the name and address of
the enforcing officer must be posted in each room of the agency.]
CALIFORNIA— ACTS OF 1913
205
S e c . 18. Violations.—[Penalties for violations are fines, $50 to $250, or im
prisonment not over 60 days, or both.]
S e c . 19 (as amended 1923, ch. 412). Enforcement.—[The commissioner of
labor and his deputies and agents are authorized to enforce the a c t The com
missioner decides controversies, subject to appeal to the courts.]
C h a p t e b 324.—Industrial welfare commission
S e c t i o n 1. Commission established.—There is hereby established a commis
sion to be known as the industrial welfare commission, hereinafter called the
commission. Said commission shall be composed of five persons, at least one
of whom shall be a woman, and all of whom shall be appointed by the gover
nor as follows: Two for the term of one year, one for the term of two years,
one for the term of three years, and one for the term of four years: Provided,
however , That at the expiration of their respective terms, their successors shall
be appointed to serve a full term of four years. Any vacancies shall be similarly
filled for the unexpired portion of the term in which the vacancy shall occur.
Three members of the commission shall constitute a quorum. A vacancy on
the commission shall not impair the right of the remaining members to perform
all the duties and exercise all the powers and authority of the commission.
S e c . 2. P er diem; employees.—The members of said commission shall draw
no salaries but all of said members shall be allowed ten dollars per diem while
engaged in the performance of their official duties. The commission may em
ploy a secretary, and such expert, clerical and other assistants as may be
necessary to carry out the purposes of this act, and shall fix the compensation
of such employees, and may, also, to carry out such purposes, incur reasonable
and necessary office and other expenses, including the necessary traveling ex
penses of the members of the commission, of its secretary, of its experts, and
of its clerks and other assistants and employees. All employees of the com
mission shall hold office at the pleasure of the commission.
S e c . 3. Duties of commission.—(a) It shall be the duty of the commission
to ascertain the wages paid, the hours and conditions of labor and employment
in the various occupations, trades, and industries in which women and minors
are employed in the State of California, and to make investigations into the
comfort, health, safety and welfare of such women and minors.
( b ) It shall be the duty of every person, firm or corporation employing
labor in this State:
1. To furnish to the commission, a t its request, any and all reports or in
formation which the commission may require to carry out the purposes of this
act, such reports and information to be verified by the oath of the person, or a
member of the firm, or the president, secretary, or manager of the corporation
furnishing the same, if and when so requested by the commission or any member
thereof.
2. To allow any member of the commission, or its secretary, or any other of
its duly authorized experts or employees, free access to the place of business or
employment of such person, firm, or corporation, for the purpose of making
any investigation authorized by this act, or to make inspection of, or excerpts
from, all books, reports, contracts, pay rolls, documents, or papers, of such
person, firm, or corporation relating to the employment of labor and payment
therefor by such person, firm, or corporation.
3. To keep a register of the names, ages, and residence addresses of all
women and minors employed.
( c ) For the purposes of this act, a minor is defined to be a person of either
sex under the age of eighteen years.
S e c . 3% (added 1919, ch. 204). Issue of subpoenas.—Any member of the
commission or deputies duly authorized by it in writing, shall have the power
and authority to issue subpoenas to compel the attendance of witnesses or
parties and the production of books, papers, pay rolls or records, and to ad
minister oaths and to examine witnesses under oaths and to take the verifi
cation or proof of instruments of writing, and to take depositions and affidavits
for the purpose of carrying out the provisions of this act, or any of its orders,
rules or regulations: Provided, That no witnesses shall be compelled to attend
on said commission outside of the county in which said witness resides or at
a distance greater than fifty miles from his place of residence.
Obedience to subpoenas issued by the commission or its duly authorized rep
resentatives shall be enforced in the superior courts of the county or city and
county in which the subpoenas were issued.
S06
T E iT AND ABRIDGMENT OP LABOB LAWS
Sec. 4. Hearings.—The commission may specify times to hold public hear
ings, at which times, employers, employees, or other interested persons, may
appear and give testimony as to the matter under consideration. The com
mission or any member thereof shall have power to subpoena witnesses and* to
administer oaths. All witnesses subpoenaed by the commission shall be paid
the fees and mileage fixed by law in civil cases. In case of failure on the part
of any person to comply with any order of the commission or any member
thereof, or any subpoena, or upon the refusal of any witness to testify to any
matter regarding which he may lawfully be interrogated before any wage
board or the commission, it shall be the duty of the superior court or the judge
thereof, on the application of a member of the commission, to compel obedience
in the same manner, by contempt proceedings or otherwise, that such obe
dience would be compelled in a proceeding pending before said court The
commission shall have power to make and enforce reasonable and proper
rules of practice and procedure and shall not be bound by the technical rules
of evidence.
Sec. 5. Wage board.—If, after investigation, the commission is of the opinion
that, in any occupation, trade, or industry, the wages paid to women and
minors are inadequate to supply the cost of proper living, or the hours or condi
tions of labor are prejudicial to the health, morals or welfare of the workers, the
commission may call a conference, hereinafter called * wage board,” composed of
an equal number of representatives of employers and employees in the occupation,
trade, or industry in question, and a representative of the commission to be desig
nated by it, who shall act as the chairman of the wage board. The members of
such wage board shall be allowed five dollars per diem and necessary travel
ing expenses while engaged in such conferences. The commission shall make
rules and regulations governing the number and selection of the members and
the mode of procedure of such wage board, and shall exercise exclusive juris
diction over all questions arising as to the validity of the procedure and of the
recommendations of such wage board. The proceedings and deliberations of
such wage board shall be made a matter of record for the use of the commis
sion, and shall be admissible as evidence in any proceedings before the com
mission. On request of the commission, it shall be the duty of such wage
board to report to the commission its findings, including therein:
1. An estimate of the minimum wage adequate to supply to women and
minors engaged in the occupation, trade or industry in question, the necessary
cost of proper living and to maintain the health and welfare of such women
and minors.
2. The number of hours of work per day in the occupation, trade or industry
in question, consistent with the health and welfare of such women and minors.
a The standard conditions of labor in the occupation, trade or industry in
question, demanded by the health and welfare of sueh women and minors.
Sec. 6 (as amended 1921, ch. 279). Fixing wages.—(a) The commission shall
have further power after a public hearing had upon its own motion or upon
petition, to fix:
1. A minimum wage to be paid to women and minors engaged in any occupa
tion, trade or industry in this State, which shall not be less than a wage
adequate to supply to such women and minors the necessary cost of proper
living and to maintain the health and welfare of such women and minors.
2. The maximum hours of work consistent with the health and welfare of
women mid minors engaged in any occupation, trade or industry in this State:
Provided, That the hours so fixed shall not be more than the maximum now
or hereafter fixed by law.
3. The standard conditions of labor demanded by the health and welfare of
the women and minors engaged in any occupation, trade or industry in this
State.
(b)
Upon the fixing of the time and place for the holding of a hearing
for the purpose of considering and acting upon any matters referred to it in
subsection (a) hereof, the commission shall give public notice by advertise
ment in at least one newspaper published in each of the cities of Los Angeles,
Oakland, Sacramento, San Jose, Fresno and in the city and county of San
Francisco, and shall give due notice in a t least one newspaper published in
each of the cities of Fresno, San Jose, Eureka, San Diego, Long Beach,
Alameda, Berkeley and Stockton, and by mailing a copy of said notice to the
county cterk of each county in the State to be posted at the court house
of each county, or city and county, and also to each association of employers or
employees and to any employer within the State of California filing with the
CALIFORNIA— ACTS OF 1913
207
commission a written request for such notice of such hearing and the
purpose thereof, which notice shall state the time and place fixed for such
hearing, which shall not be earlier than fourteen days from the date of
publication and mailing of such notices.
(c )
After such public hearing, the commission may, in its discretion, make
a mandatory order to be effective in sixty days from the publication of such
order, specifying the minimum wage for women or minors in the occupation
in question, [and] the maximum hours: Provided , That the hours specified
shall not be more than the maximum for women or minors in California [,]
and the standard conditions of labor for said women or minors. Such order
shall be published in at least one newspaper in each of the cities of Los
Angeles, Sacramento, Oakland, San Jose, Fresno, and in the city and county
of San Francisco, and a copy thereof be mailed to the county clerk of each
county in the State, and such copies shall be filed without charge. The com
mission shall send by mail, so far as practicable, to each employer in the oc
cupation in question, a copy of the order, and each employer shall be required
to post a copy of such order in the building in which women or minors affected
by the order are employed; and it shall be the duty of the commission to send a
copy of such order to each employer registering his name with the commis
sion and requesting such order to be mailed, but the failure to mail such order
or notice thereof to any employer affected thereby shall not relieve such em
ployer from the duty to comply with such order, and finding by the commission
that there has been the publication and mailing to county clerks as herein
provided shall be conclusive as to service.
S e c . 7. Reconsideration .—Whenever wages, or hours, or conditions of labor
have been so made mandatory in any occupation, trade, or industry, the com
mission may at any time in its discretion, upon its own motion or upon peti
tion of either employers or employees, after a public hearing held upon the
notice prescribed for an original hearing, rescind, alter or amend any prior
order. Any order rescinding a prior order shall have the same effect as herein
provided for in an original order.
S e c . 8 (as amended 1915, ch. 571). Special licenses.—(a) For any occupa
tion in which a minimum wage has been established, the commission may issue
to a woman physically defective by age or otherwise, a special license authoriz
ing the employment of such licensee, for a period of six months, for a wage
less than such legal minimum wage; and the commission shall fix a special
minimum wage for such person. Any such license may be renewed for like
periods of six months.
(5)
For any occupation in which a minimum wage has been established,
the commission may issue to an apprentice or learner, a special license author
izing the employment of such apprentice or learner, for such time and under
such conditions as the commission may determine at a wage less than such legal
minimum wage; and the commission shall fix a special wage for such ap
prentice or learner.
(c )
The commission may fix the maximum number of women, and minors
under eighteen years of age, to be employed under the licenses provided for in
subdivisions (a) and (b) of this section in any occupation, trade, industry, or
establishment in which a minimum wage has been established.
S e c . 9. Statistics, etc.—Upon the request of the commission, the labor com
missioner shall cause such statistics and other data and information to be
gathered, and investigations made, as the commission may require. The cost
thereof shall be paid out of the appropriations made for the expenses of the
commission.
S e c . 10. Discrimination, etc., against employees.—Any employer who dis
charges, or threatens to discharge, or in any other manner discriminates
against any employee because such employee has testified or is about to testi
fy, or because such employer believes that said employee may testify in any
investigation or proceedings relative to the enforcement of this act, shall be
deemed guilty of a misdemeanor.
S e c . 11 (as amended 1915, ch. 571). Paying less than minimum wage.—The
minimum wage for women and minors fixed by said commission as in this
act provided, shall be the minimum wage to be paid to such employees, and
the payment to such employees of a less wage than the minimum so fixed shall
be unlawful, and every employer or other person who, either individually or as
an officer, ✓ agent, or employee of a corporation or other person, pays or
causes to be paid to any such employee a wage less than such minimum, shall
be guilty of a misdemeanor, and upon conviction thereof shall be punished
208
TEXT AND ABRIDGMENT OF LABOR LAWS
by a fine of not less than fifty dollars, or by imprisonment for not less than
thirty days, or by both such fine and imprisonment; and every employer or
other person, who either individually, or as an officer, agent or employee of
a corporation, or other persons, violates or refuses or neglects to comply with
the provisions of this act, or any orders or rulings of this commission, shall be
guilty of a misdemeanor, and upon conviction thereof be punished by a fine of
not less than fifty dollars, or by imprisonment for not less than thirty days,
or by both such fine and imprisonment.
S e c . lib (added 1919, ch. 204). Enforcement.—It shall be the duty of the
industrial welfare commission to enforce the provisions of this act and com
pliance with its orders, rules, and regulations. Full power and authority is
hereby vested in the commission to take such action as may be deemed es
sential for such purposes.
S e c . 12 (as amended 1921, ch. 279). Prosecutions.—[This section gives the
mode of procedure in prosecuting violations of the act]
S e c . 13. Right to recover.—Any employee receiving less than the legal min
imum wage applicable to such employee shall be entitled to recover in a civil
faction the unpaid balance of the full amount of such minimum wage, together
with costs of suit, notwithstanding any agreement to work for such lesser
wage.
S e c . 14. Complaints.—Any person may register with the commission a com
plaint that the wages paid to an employee for whom a living rate has been
established, are less than that rate, and the commission shall investigate the
matter and take all proceedings necessary to enforce the payment of a wage
not less than the living wage.
S e c . 15. Reports.—The commission shall biennially make a report to the
governor and the State legislature of its investigations and proceedings.
S e c . 17. Arbitration forbidden.—The commission shall not act as a board of
arbitration during a strike or lockout.
S e c . 18. Construction of act.—(a) Whenever this act, or any part or section
thereof, is interpreted by a court, it shall be liberally construed by such court.
(b ) If any section, subsection, or subdivision of this act is for any reason
held to be unconstitutional, such decision shall not affect the validity of the
remaining portions of this act. The legislature hereby declares that it would
have passed this act, and each section, subsection, subdivision, sentence, clause
and phrase thereof, irrespective of the fact that any one or more sections,
subsections, subdivisions, sentences, clauses or phrases is declared unconsti
tutional.
S e c . 19. Application of act.—The provisions of this act shall apply to and
include women and minors employed in any occupation, trade or industry, and
whose compensation for labor is 'measured by time, piece, or otherwise.
Chapter
383.—Strikes , etc.—Notice in advertisements for labor
S e c t i o n 1. Notice of labor disturbances to be given.—If any person, firm, or
corporation, acting either for himself, or itself, or as the agent of another
person, firm, or corporation, during the continuance of a strike, lockout, or
other labor trouble among his, or its employees, or among the employees of the
person, firm, or corporation, for whom he, or it is acting, advertises for em
ployees in the newspapers, or by posters, or otherwise, or solicits persons to
work for him, or the persons, firm, or corporation, for whom he is acting, in
the place of the strikers, he shall plainly and explicitly mention in such adver
tisements, or oral or written solicitations, that a strike, lockout or other labor
disturbance exists: Provided , That the foregoing provisions shall not apply to
advertisements or solicitations published solely or made within the same city
or locality where the strike, lockout, or other labor disturbance exists.
S e c . 2. Penalty.—If any person, firm, association or corporation violates any
provisions of this act, he or it shall be punished by a fine not less than twentyfive dollars and not exceeding two hundred and fifty dollars for each offense.
Chapter
368.—Mine regulations— Telephones
S e c t i o n s 1,2. Requirement.—[Mines more than 500 feet in depth must be
equipped with telephones, with stations at each working level below that
depth, communicating with the surface.]
CALIFORNIA— ACTS OF 19-15
209
ACTS OF 1915
Chapter
38.—Protection of employees in their political rights
S e c t i o n 1. Employers not to interfere .—It shall be unlawful for any em
ployer of labor to make, adopt or enforce any rule regulation or policy for
bidding or preventing his employees, or any of them, from engaging or par
ticipating in politics or from becoming candidates or a candidate for public
office, or controlling or directing, or tending to control or direct the political
activities or affiliations of such employees or any of them; or to coerce or
influence or attempt to coerce or influence such employees or any of them
through or by means of threat of discharge or loss of employment to adopt or
follow or refrain from adopting or following any particular course or line of
political action or political activity. The expression “ employer of labor ” as
herein used shall be deemed to mean and include any person, firm, or corpora
tion regularly having in his or its employ twenty or more employees.
S e c . 2. Violations.—[Individual violators may be imprisoned not more than
one year or fined not over $1,000, or both; corporations may be fined not more
than $5,000, and are held responsible for the acts of managers and employees.]
S e c . 3. Damages.—Nothing herein contained shall be construed to prevent
the injured employee from recovering damages from his employer for injury
suffered through a violation of this act.
Chapter
56.—Employment of labor—Foremen, etc., accepting fees
S e c t i o n 1. Accepting fees forbidden.—Any manager, superintendent, fore
man, or other person having authority from his employer to hire, employ or
direct the services of other persons in such employment, who shall demand or
receive any fee, gift, or other remuneration in consideration of hiring or
employing any person to perform work or services for such employer, or
permitting said person to continue in said employment, is guilty of a mis
demeanor, and upon conviction thereof shall be fined not more than three
hundred dollars for each offense. All fines imposed and collected under the
provisions of this act shall be paid into the State treasury and credited to
the contingent fund of the bureau of labor statistics.
S e c . 2. Enforcement.—This act shall be enforced by the commissioner of
the bureau of labor statistics.
S e c . 3. Construction of act.—Nothing contained in this act shall be construed
to apply to employment agencies or employment agents licensed and operating
under the laws of the State of California.
S e c . 4 . Act to be posted.— Every employer as defined in section one hereof
shall post and maintain notices, printed or written in plain type or script, in
at least two conspicuous places where said notices can be seen by said employees
as they go to and from their work, setting forth verbatim the provisions of
section one of this act.
This act was repealed by chapter 172, Acts of 1917, which was declared unconstitu
tional, presumably leaving the original act in force.
C h apter
65.—Discharge of employees—Hearings on charges
S e c t i o n 1. When hearing to be allowed.—It shall be unlawful for any public
service corporation, agent, superintendent or manager thereof, employing any
special agent, detective, or person commonly known as “ spotter ” for the pur
pose of investigating, obtaining and reporting to the employer, its agent, super
intendent or manager, information concerning its employees, to discipline or
discharge any employee in its service, where such act of discipline or the dis
charge is based upon a report by such special agent, detective or spotter, which
report involves a question of integrity, honesty or a breach of rules of the em
ployer, unless such employer, its agent, superintendent or manager, shall give
notice and accord a hearing to the employee thus accused, when requested by
said employee, at which hearing said employer shall state specific charges on
which said act or discharge is based and at which s*aid accused employee shall
have the right to furnish testimony in his defense.
S e c . 2. Violations.—[Violations are punishable by a fine of not less than $50
nor more than $300, or by imprisonment for not more than 1 year, or both.
Imprisonment shall be imposed upon officers or agents of public service cor
porations committing offense.]
105446°—25---- 14
210
TEXT AND ABRIDGMENT OF LABOR LAWS
91.— Railroad commission— Equipment of public utilities— Accidents
13. Safety provisions.— * * *
(6)
Every public utility shall furnish, provide and maintain such service,
instrumentalities, equipment: and facilities as. shall promote the* safety,, health,
comfort and convenience of its patrons, employees and. the public, and; as shall
be. in all respects adequate* efficient, Just and reasonable.
S e c . 42. Rules.—The commission shall have power,, after a hearing had upon
Its own motion or upon complaint, by general or special orders, rules or regu
lations* or otherwise*, to require every public utility to construct,, maintain and
operate its line, plant* system, equipment* apparatus, tracks and premises in
such manner as to promote and safeguards the health] and safety of its em
ployees, passengers* customers* and the public, and to this end to prescribe,
among other things* the* installation, use, maintenance and operation of appro
priate? safety or other devices or appliances, including interlocking and other
protective devices at grade crossings or Junctions and block or other systems, of
signaling* to establish* uniform, or other standards of construction and equip
ment, and to require the performance *of any other act which the health or
safety of. its employees, passengers,, customers or the public may demand.
Sec.44. Accidents.:—[The commission is to investigate ad accidents on or
connected' with public utilities, causing loss of life or injury to person or prop
erty, if such investigation is, in its judgment, required, and may make such
recommendations or orders in regard thereto as it may deem just and reason
able. Reports of. accidents must be made as the commission may require; but
neither reports nor orders shall be used in any suit for damages.]
Chapter
S
e c t io n
C h a p t e r 1 88.— Bribery of employees— Discounts to chauffeurs, etc
,
S e c t i o n 31. Bonus, etc., forbidden.—No chauffeur or other* person having, the
care of a motor vehicle for the owner shall1receive or take, directly or indi
rectly, without ther written consent of such* owner, any bonus, discount or
other consideration for supplies o r partis furnished or purchased for such
motor vehicle, or on any work or labor done thereon by others,, or on the pur
chase of any motor vehicle for his employer, and no person furnishing such
supplies or parts, work or labor, or selling any motor vehicle shaft give or
offer any such chauffeur or other person having the care of a motor vehicle for
the owner thereof, directly or indirectly, without such owner’s written consent,
any bonus,, discount, or other consideration thereon. Any person violating this
section shall be guilty of a misdemeanor.
Chapter
302.—Free
public employment, offices.
S e c t i o n 1. Establishment.—The commissioner of the bureau of labor statis
tics, hereinafter called “ commissioner,” shall establish free employment bu
reaus in the cities of San Francisco, Los Angeles, Oakland and Sacramento, and
thereafter, whenever he deems it necessary, in other cities and towns..
S e c . 2. Offices; rules, etc.—The commissioner shall procure, by lease or other
wise, suitable offices; incur the necessary expenses in the conduct thereof; ap
point the necessary officers, assistants and clerks, and fix the compensation
therefor; and promulgate rules: and. regulations for the conduct of free employ
ment bureaus in order to carry out the purposes of this act.
S e c . 3. Appropriation.— T h em is hereby appropriated out of the moneys of
the State treasury, not otherwise appropriated, the sum of fifty thousand dol
lars* to foe used by the commissioner in carrying out the provisions, of this act,
and the controller is. hereby directed from time to time, to draw his warrants
on the general fundi in. favor of the. commissioner, for the amounts, expended
under his direction, and the treasurer is hereby authorized and directed to
pay the same*
Chapter 4SR.— Employment
of d im s in public service
S e c t i o n 1 (as amended 1921, efir. 36$). Restrictions.—Nb person except a
native-born or* naturalised citizen of the flatted States shall foe employed in
any department of the State, county, city and county or city government in this
State; provided, however; that the prohibitions of this act shall not apply (a)
to the employment as a member of the faculty or teaching force in public
CALIFORNIA— ACTS OF 1915
2 11
schools of this State nor in schools supported in whole or in part by the State
of any person who has declared his intention to become a citizen of the
United States* nor of any native-born woman of the United States who has
married a foreigner; (5) to any member of the faculty or teaching force of
any college or university supported in whole or in part by the State; (c) to
any specialist or expert temporarily employed by any department of the State
or any county, city and county, or city, and engaged in special investigation;
(d) in an emergency when it is necessary to protect life, health or property
against fire, flood or other calamity arising from natural causes.
S e c . 2. Appointments, etc.—It shall be unlawful for any person, whether
elected, appointed or commissioned to fill any office in either the State,
county, city and county or city government of this State, or in any department
thereof, to appoint or employ any person to perform any duties whatsoever,
unless such person so appointed or employed be a native-born or naturalized
citizen of the United States* subject nevertheless, to the exceptions contained
in section one of this act.
S e c . 3. Payment of wages, etc.—No money shall be paid out of the State
treasury or out of the treasury of any county* or city and county or city,
to any person employed in any of the offices mentioned in section two of this
act unless such person shall be a native-born or naturalized citizen of the United
States, subject to the exceptions contained in section one of this act
S e c . 4. Definition.—As used in this act the term “person who has declared
his Intention to become a citizen” shall not include any person who fails
to secure his certificate of naturalization within six months after the time that
he is entitled by law to secure the same.
S e c . 5. P rio r payments.— No action shall be authorized or maintained for
the recovery of money heretofore paid to any member of the faculty or
teaching force of any public school of this State, or any school, college or
university supported in whole or in part by the State, and all payments
so made are hereby approved and declared valid.
484.—Commissioner of labor—Enforcement of laws
S e c t i o n 1 . Power of commissioner.—The commissioner of the bureau o f
labor statistics shall have authority and power to enforce any and all labor
laws of the State of California, the enforcement of which is not specifically
vested in any other officer, board or commission, and the deputies and agents
of the said labor commissioner shall have the power, and authority of sheriffs
and other peace officers to make arrests, and to serve any process or notice
throughout the State in the enforcement of such labor laws, pursuant to the
instructions of said, commissioner.
C hapter
485.—Employees to be supplied w ith drinking water
1. Duty of employers.—Every employer of labor in this State shall,
without making a charge therefor, provide fresh and pure drinking water
to his employees during working hours. Access to such drinking water shall
be permitted at reasonable and convenient times and places.
Any violation of the provisions of this act shall be deemed a misdemeanor
and punishable for each offense by a fine of not less than twenty-five dollars
($25), not more than one hundred dollars ($100), or by imprisonment for not
more than thirty (30) days, or by both such fine and imprisonment.
C hapter
S e c t io n
494.—Railroads— Transmission of orders
S ection 1. Who may not transmit orders.—It shall be unlawful for any
person, firm or corporation operating a railroad with more than four trains
each way every twenty-four hours, to require or permit any engineer, fireman,
conductor, brakeman or trainman to receive, deliver or transmit at any re
ceiving or forwarding instrument of any telegraph or telephone line, any order
for the movement of any train, except in such cases or classes of cases as may
be permitted by the railroad commission: Provided , however, That the fore
going provisions shall not apply to interurban or street railroads* Any per
son, firm or corporation violating any of the provisions of this act shall be
guilty of a misdemeanor and upon conviction thereof shall be punished by a
fine not exceeding five hundred dollars or by imprisonment not exceeding six
months, or by both such fine and imprisonment
C hapter
TEXT AND ABRIDGMENT OF LABOR LAWS
2 12
C h a p t e r 657.— Payment
of wages—Semimonthly pay day
1. Wages payable, when.—All wages or compensation of employees
in private employments shall be due and payable semimonthly, that is to say,
all such wages or compensation earned and unpaid prior to the first day of
any month, shall be due and payable not later than the fifteenth day of the
month following the one in which such wages were earned; and all wages or
compensation earned and unpaid prior to the sixteenth day of any month, shall
be due and payable not later than the last day of the same month. The words
“ private employments” used in this act shall mean and include all employ
ments other than those mentioned in section six hereof and those under the
direct management, supervision and control, of the State of California, any
county, city and county, incorporated city or town, or other municipal corpora
tion or political subdivision of the State of California, or any officer or depart
ment thereof. But nothing contained herein shall be construed as prohibiting
the payment of wages at more frequent periods than semimonthly.
S e c . 2. Notices to be posted.— Every employer shall establish and maintain
regular pay days as herein provided, and shall post and maintain notices,
printed or written in plain type or script, in at least two conspicuous places
where said notices can be seen by the employees as they go to and from the.
work, setting forth the regular pay days as herein prescribed.
S e c . 3. Paym ent in money, etc.—The payment of wages or compensation of
employees in the employments defined herein, shall be made in lawful money
of the United States or by a good and valid negotiable check or draft, payable
on presentation thereof at some bank or other established place of business,
located in this State, without discount in lawful money of the United States,
and not otherwise.
S e c . 4. Absent employees.—In case an employee in any said employment
shall be absent from the usual place of employment at the time said payment
shall be due and payable as hereinabove provided, he shall be paid the wages
or compensation within five days after making a demand therefor.
S e c . 5. Refusal to pay.—Every person, or any agent of any person, copart
nership, association or corporation, who, having the ability to pay, shall will
fully refuse to pay the wages due and payable when demanded, as herein pro
vided, or falsely deny the amount or validity thereof, or that the same is due,
with intent to secure, for himself or any other person, any discount upon such
indebtedness, or with intent to annoy, or harass, or oppress, or hinder, or
delay, or defraud the person to whom such indebtedness is due, shall be guilty
of a misdemeanor.
S e c t io n
S e c . 6. Exemptions.— This act shall not apply to employers and employees
engaged in farm, dairy; agricultural, viticultural or horticultural pursuits, in
stock or poultry raising, in household domestic service, or to employers having
less than six employees regularly employed.
S e c . 7. Enforcement.—The commissioner of the bureau of labor statistics
shall enforce the provisions of this act.
C hapter 667.— Employers9 hospital funds— Administration, etc.
1. Definitions.—The following terms, as used in this act, shall be
construed as follows:
(a) The term “ employer” shall mean and include every person, partner
ship, company, association, joint stock association or corporation engaged in
any business or enterprise in this State and hiring or employing five or more
persons in such business.
(b) The term “ charge” shall mean and include any deduction from the sal
ary or wage of an employee, or any collection from or contribution by an em
ployee, whether such charge be made regularly at stated intervals or at the
time of injury or illness of an employee, or at any other time or in any other
manner.
S ec . 2. Who to make reports.— Every employer who affords or provides hos
pital service of any sort for his employees, for which service any charge is re
ceived or collected by such employer, or at his instance or request, shall in
each year, on or before the thirtieth day of January thereof, file as herein
after provided a written report for the next last preceding year, which re
port shall contain a statement showing (1) the total amount of hospital
charges collected or received during the year, (2 ) an itemized account of all ex
penditures, investments or other disposition of such charges, and (3) a state
S ection
CALIFORNIA— ACTS OF 1917
213
ment showing what balance, if any, remains. This report shall be verified by
the employer, if an individual; by a member, if a partnership; by the secretary
or president, if a corporation, company, association or joint stock association.
S e c . 3 (as amended 1917, ch. 73). Charges.—Every such hospital charge
demanded, collected or received by an employer shall be just and reasonable.
The railroad commission is hereby given authority to decide what is an unrea
sonable charge in all cases where such charge is made by a hospital main
tained by a public utility, and in all cases where the charge is made by a
hospital maintained by other than a common carrier by rail, the industrial acci
dent commission is hereby given authority to decide what is an unreasonable
charge.
S e c . 4. Use of fees.—No such hospital charge collected or received by an em
ployer shall be devoted to any purpose other than a bona fide hospital or
medical service for the employees from whom the charge is demanded, col
lected or received.
S e c . 5 (as amended 1917, ch. 73). Supervision; posting.—[The railroad
commission and the industrial accident commission may inspect the books of
the respective classes of hospitals, and enforce appropriate orders relative
thereto. The statements or reports of the hospitals must be posted where
employees can read the same, and must be filed with the proper commission.]
S e c . 6 . Violations.— [Failure to render reports entails a fine of from $100 to
$ 2 ,000.]
ACTS OF 1917
Chapter
74.—Factory , etc., regulations—Elevators
S e c t i o n 1 (as amended 1921, ch. 330). Permits.—[No elevator operated by
power or by hand may be used in any place of employment without a permit
of current validity, issued by the industrial accident commission; and if so
operated and it appears that such operation is dangerous to life or safety, a
restraining order to prevent its use may be secured.]
S e c . 2. Exemptions.—[Elevators under the jurisdiction of the United States,
and those operated by employers who are not under the workmen’s compen
sation act are not within the terms of this act.]
Sec. 3 (as amended 1921, ch. 330). Inspection; orders.—[Inspections of
elevators under the act must be made at least once each year. If found safe
a permit valid for the year will issue; otherwise orders for repairs may be
made and discontinuance of use required until they are completed. If the
condition is not immediately dangerous, a temporary permit may be granted,
permitting use during repairs. Appeal may be taken to the courts, following
hearings by the commission, if desired.]
S e c . 4 (as amended 1921, ch. 330). Inspectors.—[The inspections may be
made by the safety inspectors of the commission, or by an elevator inspector
of an insurance company or of a municipality; but all inspectors must hold cer
tificates of competency from the commission, which may be rescinded for
cause, after hearing.]
S e c . 5 (as amended 1921, ch. 330). Fees.—[A fee may be charged for in
spection, not exceeding $3.50, which may be charged but once annually un
less reinspection is necessary on account of failure to comply with orders of
the commission, when one additional charge may be made. If insurance or
municipal inspections are accepted, no fee will be charged. Fees go to the ac
cident prevention fund.]
S e c . 6. Reports by inspectors.—[Certified inspectors must report to the com
mission on each inspection made, within 21 days thereafter; upon failure to
do so, their certificates may be canceled.]
Chapter
108.—Employees9 bonds and photographs— Costs
S e c t i o n 1. Employer to pay costs.—Whenever a bond or photograph of an
employee or applicant for employment is required by any employer of labor
said employer shall pay the cost of such bond or photograph.
S e c . 2. Violations.—Any person violating any provision of this act shall be
guilty of a misdemeanor, punishable by a fine not less than $25 nor exceeding
$500.
S e c . 3. Enforcement.—The commissioner of the bureau of labor statistics of
the State of California shall enforce the provisions of this act
TEXT A N D ABRIDGMENT OF LABOR LAWS
214
C h a p t e r Ml.—Coercion of employees in trading
1. Coercion unlawful.—I t shall be unlawful for any employer of
Iahor,; or any officer* agent or employee of any employer of labor to make,
adopt or enforce any rule or regulation compelling or coercing any em
ployee to patronize said employer* or any other person* firm or corporation,
in the purchase of any thing of valuer Provided , however, That nothing
herein shall be interpreted as prohibiting any employer of labor from prescrib
ing the weight, color* quality, texture, style, form and make of uniforms
required to be worn by their employees.
S e c . 2. Violations .—[Violations are punishable by a fine not exceeding $100
or imprisonment not exceeding 6 months, or both.]
S e c t io n
Chapter
201.—Railroads—Safety of employees—Powers of industrial accident
commission
1. Railroad repair shops.—The industrial accident commission of
the State of California is hereby vested with jurisdiction, as provided in the
workmen’s compensation, insurance, and safety act of one thousand nine
hundred seventeen, and acts amendatory thereof, subject to the provisions
of section three hereof, over the safety of employees of steam railroads em
ployed in shops devoted to the construction or repair of railroad equipment;
the safety of employees of electric interurban or street railroads, employed
in the generation, transmission or distribution of electric energy, or in shops
devoted to the repair of railroad equipment, or in any nonpublic utility op
eration of such railroads; and the safety of employees of all other public
utilities as such utilities are defined in the pnblic utilities act.
S e c . 2. Jurisdiction of railroad commission.—The jurisdiction vested in the
industrial accident commission of the State of California by section one hereof
shall kt no instance, except those affecting exclusively the safety of em
ployees, be construed to impair, diminish or in any way affect the jurisdic
tion of the railroad commission of the State ©f California over the con
struction, reconstruction, replacement, maintenance, or operation of the prop
erties of publie utilities as defined in the public utilities act, or over any
matter affecting the relationship between such public utilities and their cus
tomers or the general public.
S e c . 3* Orders may he modified.—If the industrial accident commission, in the
exercise of the authority and jurisdiction conferred by this act, makes or
issues any order, decision, ruling or direction, which in the judgment of the
railroad commission, unduly and prejudicially interferes with the construc
tion or operation of any publie utility affected thereby, or with the public,
or with a consumer or other patron of a public utility affected thereby, the
railroad commission, of its own motion, or upon application of any utility or
person so affected, may suspend, modify, alter or annul such order, decision,
ruling or direction of the industrial accident commission, and the action of
the railroad commission in that regard shall supersede and control the order,
decision, ruling or direction of the industrial accident commission previously
made in the premises.
S e c t io n
583.—Employment of labor—Provisions for safety
33 (as amended 1923, ch. 90). Definitions.—(1) The phrase “ place
of employment” shall mean and include any and every place, whether in
doors or out or underground, or elsewhere, and the premises appurtenant
thereto, where, either temporarily or permanently, any enterprise, project,
industry, trade, work, or business is carried on, or where any process or
operation directly or indirectly related to any enterprise, project, industry,
trade, work, or business, is carried on, including all excavation, demolition,
and construction work, and where any person is employed by another, or
suffered or permitted to work for hire but shall not include any place where
persons are employed solely in household domestic service or any place of
employment, concerning, the safety of which jurisdiction may have been vested
by law heretofore or hereafter in any other State commission or officer, or
any offices or department of the Federal Government
(2)
The term “ employment” shall mean and include any trade, work,
enterprise, project, business, occupation, or process of manufacture, or any
method of carrying on such trade, work, enterprise, project, business, occupa
tion, or process of manufacture, including all excavation, demolition and con
Chapter
S e c t io n
CALIFORNIA— ACTS OF 19-17
215
struction work, in which any person may be engaged except where persons
are employed solely in household domestic service.
(3) The term “ employer” shall mean and include every person, firm,
voluntary association, corporation, officer, agent, manager, representative, or
other person having direction, management, control, or custody of any em
ployment, place of employment or of any employee.
(4) The term “ employee” shall mean and include every person who may
be required or directed by any employer, to engage in any employment, or to
go to work or be at any time in any place of employment
(5) The term “ order” shall mean and include any decision, rule, regulation,
direction, requirement or standard of the commission or any other determina
tion arrived at or decision made by such commission under the safety provi
sions of this act
(6) The term “general order” shall mean and include such order, made
under the safety provisions of this act as applies generally throughout the
State to all persons, employments or places of employment, or all persons,
employments or places of employment of a class under the Jurisdiction of the
commission. All other orders of the commission shall be considered special
orders.
(7) The term “ local order” shall mean and include any ordinance, order,
rule or determination of any board of supervisors, city council, board of
trustees or other governing body of any county, city and county, city, or any
school district or other public corporation, or an order or direction of any
other public official or board or department upon any matter over which the
industrial accident commission has jurisdiction.
(8) The terms “safe” and “safety” as applied to an employment or a place
of employment shall mean such freedom from danger to the life or safety of
employees as the nature of the employment will reasonably permit.
(9) The terms “safety device” and “safeguard” shall be given a broad
interpretation so as to include any practicable method of mitigating or prevent
ing a specific danger.
S e c . 34. Employer to furnish safe employment.—©very employer shall furnish
employment which shall be safe for the employees therein and shall furnish a
place of employment which shall be safe for employees therein, and shall
furnish and use such safety devices and safeguards, and shall adopt and use
such practices, means, methods, operations and processes as are reasonably
adequate to render such employment and place of employment safe, and shall
do every other thing reasonably necessary to protect the life and safety of
such employees.
S e o . 35. Safeguards.—No employer shall require, permit, or suffer any em
ployee to go or be in any employment or plaee of employment which is not
safe, and no such employer shall fail to furnish, provide and use safety devices
and safeguards or fail to adopt and use methods and processes reasonably
adequate to render such employment and place of employment safe, and no
such employer shall fail or neglect to do every other thing reasonably necessary
to protect the life and safety of such employees, and no such employer shall
occupy or maintain any place of employment that is not safe.
S e c . 36. Construction.—No employer, owner or lessee of any real property in
this State shall construct or cause to be constructed any place of employment
that is not safe.
S e c . 37 (as amended 1919, ch. 471).
Removing guards.—No employee or
other person shall remove, displace, damage, destroy or carry off any safety
device, safeguard, notice or warning, furnished and provided for use in any
employment or place of* employment, or interfere in any way with the use
thereof by any other person, or interfere with the use of any method or process
adopted for the protection of any employee, including himself, in such employ
ment, or place of employment, or fail or neglect to do every other thing reason
ably necessary to protect the life and safety of such employees.
S e c . 38. Jurisdiction of commission.—The commission is vested with full
power and jurisdiction over, and shall have such supervision of, every em
ployment and place of employment in this State as may be necessary adequately
to enforce and administer all laws and all lawful orders requiring such em
ployment and place of employment to be safe, and requiring the protection of
the life and safety of every employee in such employment or place of em
ployment.
S e c . 39. Powers.—The commission shall have power, after a hearing had
upon its own motion or upon complaint, by general or special orders, rules or
regulations, or otherwise:
216
TEXT AND ABRIDGMENT OP LABOR LAWS
(1) Tq declare and prescribe what safety devices, safeguards or other means
or methods of protection are well adapted to render the employees of every
employment and place of employment safe as required by law or lawful order.
(2) To fix such reasonable standards and to prescribe, modify and enforce
such reasonable orders for the adoption, installation, use, maintenance and
operation of safety devices, safeguards and other means or methods of protec
tion, to be as nearly uniform as possible as may be necessary to carry out
all laws and lawful orders relative to the protection of the life and safety of
employees in employments and places of employment.
(3) To fix and order such reasonable standards for the construction, repair
and maintenance of places of employment as shall render them safe.
(4) To require the performance of any other act which the protection of the
life and safety of employees in employments and places of employment may
reasonably demand.
(5) To declare and prescribe the general form of industrial injury reports,
the injuries to be reported and the information to be furnished in connection
therewith, and the time within which such reports shall be filed. Nothing in
this act contained shall be construed to prevent the commission from requiring
supplemental injury reports.
S e c . 40. Safety orders.—Upon the fixing of a time and place for the holding
of a hearing for the purpose of considering and issuing a general safety order
or orders as authorized by section thirty-nine hereof, the commission shall
cause a notice of such hearing to be published in one or more daily newspapers
of general circulation published and circulated in the city and county of San
Francisco, and also in one or more daily newspapers of general circulation
published and circulated in the county of Los Angeles, such newspapers to be
designated by the commission for that purpose. No defect or inaccuracy in
such notice or in the publication thereof shall invalidate any general order
issued by the commission after hearing had.
S e c . 41. Order as to unsafe employment.—Whenever the commission, after
a hearing had upon its own motion or upon complaint, shall find that any
employment or place of employment is not safe or that the practices or means
or methods or operations or processes employed or used in connection therewith
are unsafe, or do not afford adequate protection to the life and safety of em
ployees in such employment or place of employment, the commission shall
make and enter and serve such order relative thereto as may be necessary to
render such employment or place of employment safe and protect the life and
safety of employees in such employment and place of employment and may in
said order direct that such additions, repairs, improvements or changes be
made and such safety devices and safeguards be furnished, provided and
used, as are reasonably required to render such employment or place of em
ployment safe, in the manner and within the time specified in said order.
S e c . 42. Extension of time.—The commission may, upon application of any
employer, or other person affected thereby, grant such time as may reasonably
be necessary for compliance with any order, and any person affected by such
order may petition the commission for an extension of time, which the commis
sion shall grant if it finds such an extension of time necessary.
S e c . 43. Summary investigation.—Whenever the commission shall learn or
have reason to believe that any employment or place of employment is not safe
or is injurious to the welfare of any employee it may, of its own motion, or
upon complaint, summarily investigate the same, with or without notice or
hearings, and after a hearing upon such notice as it may prescribe, the commis
sion may enter and serve such order as may be necessary relative thereto, any
thing in this act to the contrary notwithstanding.
S e c . 4 4 . Obedience to orders.— E v e r y e m p l o y e r , e m p l o y e e a n d o t h e r p e r s o n
s h a ll o b e y a n d c o m p ly w it h e a c h a n d e v e r y r e q u ir e m e n t o f e v e r y o r d e r , d e c is io n ,
d ir e c tio n , r u le o r r e g u la t io n m a d e o r p r e s c r ib e d b y t h e c o m m is s io n in c o n n e c
t io n w it h t h e m a t t e r s h e r e in s p e c ifie d , o r in a n y w a y r e la t in g t o o r a f f e c t in g
s a f e t y o f e m p lo y m e n ts o r p la c e s o f e m p lo y m e n t, o r to p r o te c t th e li f e a n d s a f e t y
o f e m p lo y e e s in s u c h e m p lo y m e n t s o r p la c e s o f e m p lo y m e n t, a n d s h a ll d o e v e r y
th in g n e c e s s a r y o r p r o p e r in o r d e r to s e c u r e c o m p lia n c e w it h a n d o b s e r v a n c e
o f e v e r y s u c h o r d e r , d e c is io n , d ir e c tio n , r u le o r r e g u la tio n .
S e c . 45. Review by courts.—The orders of the commission, general or special,
its rules or regulations, findings and decisions, made and entered under the
safety provisions of this act, may be reviewed by the courts specified in sections
sixty-seven and sixty-eight of this act and within the time and in the manner
therein specified and not otherwise.
' C A L IFO R N IA — ACTS OF 1917
217
S e c . 46. Jurisdiction of public corporations.— Nothing contained in this act
shall be construed to deprive the board of supervisors of any county, or city
and county, the board of trustees of any city, or any other public corporation or
board or department, of any power or jurisdiction over or relative to any place
of employment: Provided , That whenever the commission shall, by order, fix a
standard of safety for employments or places of employment, such order shall,
upon the filing by the commission of a copy thereof with the clerk of the county,
city and county, or city to which it mjay apply, establish a minimum requirement
concerning the matters covered by such order and shall be construed in con
nection with any local order relative to the same matter and to amend or
modify any requirement in such local order not up to the standard of the order
of the commission.
S e c . 46% (added 1919, ch. 471). Use of unsafe machinery.— I f the condition
of any employment or place of employment or the operation of any machine,
device or apparatus shall constitute a serious menace of the lives or safety of
persons about it, the commission, or a commissioner, may apply to the superior
court of the county in which such place of employment, machine, device or ap
paratus is situated, for an injunction restraining the use or operation thereof
until such condition shall be corrected. The said application accompanied by
affidavit showing that such place of employment, machine, device or apparatus
is being operated in violation of a general or special safety order of the com
mission, and that such use or operation constitutes a menace to the life or
safety of any person or persons employed thereabout, accompanied by a copy
of the order or orders applicable thereto shall constitute a sufficient prima facie
showing to warrant, in the discretion of the court, the immediate granting of a
temporary restraining order. N o bond shall be required from the commission
as a prerequisite to the granting of any restraining order. W hen in the opinion
of the industrial accident commission a machine or any part thereof is in a
dangerous condition or is not properly guarded or is dangerously placed, the
use thereof shall be prohibited by the commission, and a notice to that effect
shall be attached thereto. Such notice shall not be removed except by an au
thorized representative of the commission, nor until the machinery is made safe
and the required safeguards or safety appliances or devices are provided, and
in the meantime such unsafe or dangerous machinery shall not be used.
S e c . 47. Safety museums.— The commission shall have further power and au
thority :
(1 ) To establish and maintain museums of safety and hygiene in which shall
be exhibited safety devices, safeguards and other means and methods for the
protection of the life and safety of employees, and to publish and distribute
bulletins on any phase of this general subject.
(2 ) To cause lectures to be delivered, illustrated by stereopticon or other
views, diagrams or pictures, for the information of employers and their em
ployees and the general public in regard to the causes and prevention of indus
trial accidents, occupational diseases and related subjects.
(3 ) To appoint advisers who shall, without compensation, assist the commis
sion in establishing standards of safety and the commission may adopt and
incorporate in its general orders such safety recommendations as it may receive
from such advisers.
S e c . 48. Safety orders as evidence.— Every order of the commission, general
or special, its rules and regulations, findings and decisions, made and entered
under the safety provisions of this act shall be admissible as evidence in any
prosecution for the violation of any of the said provisions and shall, in every
such prosecution, be conclusively presumed to be reasonable and law ful and to
fix a reasonable and proper standard and requirement of safety, unless, prior
to the institution of the prosecution for such violation or violations, proceed
ings for a rehearing thereon or a review thereof shall have been instituted as
provided in sections sixty-four to sixty-eight, inclusive, of this act and not then
finally determined.
S e c s . 49, 50. Violations.— [Violations of sections 34-37 are misdemeanors.
Failure to comply with an order is prima facie evidence of a violation, and each
violation is a separate offense; and if continued, each day is so considered.]
S e c . 51. Accident prevention fund.— A ll fines imposed and collected under
prosecutions for violations of the provisions of sections thirty to fifty-four of
this act shall be paid into the State treasury to the credit of the “ accident pre
vention fund,” which fund is hereby created. In addition to other sources of
income of said accident prevention fund, the State compensation insurance
fund shall pay into the said accident prevention fund, on or before the first
218
T E X T A N D A B R ID G M E N T OF LABO R L A W S
Monday in July, 1918, and annually thereafter, the sum o f two per cent upon
the amount o f the gross premiums received by it upon its business done in
this State during the preceding calendar year, less return premiums and re
insurance in companies or associations authorized to do business in this State,
which payment is intended to be the equivalent of the taxes imposed upon
private insurance companies by the law s of this State relating to revenue and
taxation. The State compensation insurance fund shall also pay into the said
accident prevention fund interest from September 1, 1917, at the rate of four
per cent per annum, payable quarterly, upon the sum o f one hundred thousand
dollars heretofore advanced by the State to said State compensation insurance
fund as long as the said fund shall retain the said sum of one hundred thou
sand dollars. The commission is authorized to draw from said accident p re
vention fund toward the support o f its department of safety. The commission
shall submit from time to time to the State board of control an estimate of
the amount it desires to withdraw from the accident prevention fund, and when
such estimate shall be approved by the State board of control, the controller
is directed to draw his w arrant on said fond in favor o f said commission for
such amount, and the treasurer is authorized and directed to pay the same.
The commission shall account to the State board of control and to the State
controller for all moneys so received, furnishing proper vouchers therefor.
The said accident prevention fund shall b e a revolving fund.
Sec . 52. Divulgmg information.— It shall he un law ful fo r any member of
the commission, or fo r any officer or employee of the commission^ to divulge
to any person not connected with the administration of this act any confidential
information obtained from any person, concerning the failure of any other
person to keep any place of employment safe, or concerning, the violation of
any order, rule, or regulation issued by the commission. Any member of the
commission or any officer or employee of the commission divulging such confi
dential information shall be guilty of a misdemeanor.
S e c . 5 $ (as amended 1919, eh. 471). Reports of mptries.— ( a ) Every em
ployer o f labor, without any exceptions, and every insurance carrier, and every
physician or surgeon who attends any injured employee, is: hereby required to
file with the commission, under such rules and regulations as the commission
may from time to time make, a fu ll and complete report of every injury to
an employee arising out of or in the course of his employment and resulting
in loss of life or injury to such person: Provided , That such report shall not
be required unless disability resulting from such injury lasts through the day
o f the injury o r requires medical service other than ordinary first-aid treatment.
W here the injury results in death a report shall be made by the employer to
the commission by telephone or telegraph forthwith. Such reports shall be
furnished to the commission in such form and such detail as the commission
shall from time to time prescribe, and shall make specific answers to all ques
tions required by the commission under its rules and regulations. It shall be
un law ful for any person, firm, corporation, agent, or officer of a firm or cor
poration, to fail or refuse to comply with any of the provisions of this section,
and any such, person, firm, corporation, agent or officer of a firm or corpora
tion, w ho fails or refuses to comply with the provisions of this section shall be
guilty of a misdemeanor fo r each and every offense and upon conviction thereof
shall be punishable by a fine of not less than ten dollars nor more than one
hundred dollars. A ny such employer or insurance carrier who shall furnish
such report shall be exempt from furnishing any similar report or reports
authorized o r required under the laws o f this State.
(5 ) Every employer or insurance carrier receiving from the commission any
blanks w ith directions to fill out the same shall cause the same to be properly
filled out so as to answer fu lly and correctly each question propounded therein;
in ease he is unable to answer any such questions a good and sufficient reason
shall be given for such failure.
(c )
N o information furnished to the commission by an employer or an
insurance carrier shall be open to public inspection or made public except on
order o f the commission, or by a commissioner or referee in the course of a
proceeding. Any officer or employee o f the commission who, in violation of
the provisions of this subsection, divulges any such information shall be guilty
of a misdemeanor.
S e c . 54: (a s amended 1919, ch. 471). Investigation.— (a ) The commission shall
investigate the cause of all industrial injuries occurring within the State in
any employment or place o f employment, or directly or indirectly arising from
or connected w ith the maintenance or operation o f such employment or place
CALIFORNIA.— A C T S OF 19*19
219
o f employment, resulting in disability or death and requiring, in the judgment
o f the commission, such investigation; and the commission shall have the
power to make such orders or recommendations with respect to such injuries
as may be just and reasonable; Provided , That neither the order nor the recom
mendation of the commission shall be admitted as evidence in any action for
damages or any proceeding to recover compensation, based on or arising out
of such injury or death.
( b ) F o r the purpose of making any investigation which the commission is
authorized to make under the provisions of this section, or for the purpose
of collecting statistics or examining the provision made for the safety of em
ployees, any member of the commission, or other person designated by the
commission for that purpose, may enter any place of employment; and in the
performance of such duties shall have the power to subpoena witnesses,
administer oaths and take testimony.
(c ) Any employer, insurance carrier, responsible agent or employee of such
employer or insurance carrier, or any other person who shall violate or omit to
comply with any of the provisions o f this section, or who shall in any w ay
obstruct or hamper the commission, any commissioner or other person conduct
ing any investigation authorized' to be undertaken or made by the commission,
shall be guilty of a misdemeanor.
C h a p t e r 7 4 7 . —Employment
S e c t i o n 1.
upon request
give to such
such service
employee.
of labor—Service letters
Letter to be furnished.— Every public utility corporation shall,
therefor made to it by any employee thereof leaving its service,
employee a letter covering and stating the period during which
w as and kind of service rendered to such corporation by such
S e c . 2. Violations.— Every public utility corporation violating the provisions
of this act shall, fo r each offense, suffer a fine of not less than $25, nor more
than $100; which fine shall be collected by the district attorney of the county
in which such corporation has its principal place o f business.
A C T S O F 1919
Chapter
2 0 2 . — Times
of payment of wages
S e c t i o n 1. Termination of employment.— Whenever an employer discharges
an employee, the wages or compensation for labor or service earned and unpaid
at the time of such discharge shall become due and payable immediately. W hen
ever an employee not having a written contract fo r a definite period quits or
resigns his employment, the wages or compensation shall become due and
payable not later than seventy-two hours thereafter, unless such employee
shall have given seventy-two hours" previous notice of his intention to quit, in
which latter case such employee shall be entitled to his wages or compensation
at the time of quitting.
S e c . 2 . Semimonthly pay day.— A ll wages or compensation other than those
mentioned in section one of this act earned by any person in any employment
not exempt by section eleven of this act, shall become due and payable semi
monthly or twice during each calendar month, on days to be designated in
advance by the employer as the regular pay days: Provided , however, That
services rendered between the first and fifteenth days, inclusive, of any calen
dar month shall be paid for between the sixteenth and the twenty-sixth day
of the month during which services were rendered, and for all services rendered
between the sixteenth and the last day, inclusive, of any calendar month, said
services shall be paid' for between the first and tenth day of the following
month: Provided , however, That in agricultural, viticultural, and horticultural
pursuits, in stock or poultry raising, and in household domestic service, and
when the employees in the said employments are boarded and lodged by the
employer, the wages or compensation due any employee remaining in such em
ployment shall become due and payable monthly or once each calendar month,
on a day designated in advance by the employer as the regular pay day, but no
two successive such pay days to be more than thirty-one days apart, and the
payment or settlement shall include all amounts due for labor or service up to
the regular pay day.
S e c . 3 . Scope of act.— The wages or compensation subject to the provisions
of this act shall include all amounts fo r labor or service performed by em
ployees of every description, whether the amount is fixed or ascertained by the
220
T E X T A N D A B B ID G M E N T OF LABOR L A W S
standard o f time, task, piece, or other method of calculating the same, or
whether the labor or service is performed under contract, subcontract, part
nership, subpartnership, station plan, or other agreement fo r the performance
o f labor or service: Provided , That the labor or service to be paid fo r is per
formed personally by the person demanding payment. Nothing contained in
this act shall in any w ay limit or prohibit the payment of wages or compensa
tion at more frequent intervals, or in greater amounts or in fu ll when or
before due.
S e c . 4. Act to be posted.— Every employer shall post and keep posted con
spicuously at the place of work, if practicable, or otherwise where it can
be seen as employees come or go to their place of work, or at the office or
nearest agency for payment kept by the employer, a notice specifying the
regular pay days and the time and place of payment, also any changes in
those regards occurring from time to time. Every employee who is discharged
shall be paid at the place of discharge, and every employee who quits or re
signs shall be paid at the office or agency of the employer in the county
or city and county where such employee has been performing the labor or
service fo r the employer. A ll payments of money or compensation shall be
made in the manner provided by law. In the happening of any strike, the
unpaid wages or compensation earned by such striking employees shall become
due and payable on the employer’s next regular pay day, and the payment
or settlement shall include all amounts due such striking employees without
abatement or reduction, and the employer shall return to each such striking em
ployee any deposit or money or other guaranty required by him from such em
ployee for the faithful performance of the duties o f the employment. Any
violation of the provisions of this section shall be punishable as fo r a mis
demeanor, and any failure to post any notice as in this section prescribed
shall be deemed prima facie evidence of a violation of this act.
S e c . 5 . Wages accrue, when.— In the event that an employer shall w ill
fully fail to pay, without abatement or reduction, any wages or compensation
of any employee who is discharged or who resigns or quits, as in section
one of this act provided, then as a penalty for such nonpayment the wages
or compensation of such employees shall continue from the due date thereof
at the same rate until paid, or until an action therefor shall be commenced:
Provided , That in no case shall such wages continue for more than thirty
days: And provided further, That no such employee who secrets or absents
himself to avoid payment to him, or who refuses to receive the payment
when fully tendered to him, including any penalty then accrued under the
provisions of this section, shall be entitled to any benefit under this act for
such time as he so avoids payment
S e c . 6 . Violations.— A ny person, firm, association, or corporation, or agent,
manager, superintendent, or officer thereof, who, having the ability to pay,
shall w illfully refuse to pay the wages due and payable when demanded,
as herein provided, or falsely deny the amount or validity thereof, or that
the same is due, with intent to secure for himself, his employer, or other
person, any discount upon such indebtedness, or with intent to annoy, harass,
or oppress, or hinder, or delay, or defraud the person to whom such indebted
ness is due, shall, in addition to any other penalty imposed upon him by
this act, be guilty of a misdemeanor.
S e c . 7. Enforcement.— It shall be the duty of the commissioner of t h e .
bureau of labor statistics to inquire diligently for any violations o f this
act and to institute actions fo r penalties herein provided, and to enforce
generally the provisions o f this act.
S e c . 8. Prosecutions.— Nothing herein contained shall be construed to limit
the authority of the district attorney of any county or city and county to
prosecute actions, both civil and criminal, fo r such violations of this act
as may come to his knowledge* or to enforce the provisions hereof inde
pendently and without specific direction of the commissioner of the bureau of
labor statistics.
S e c . 10. Public employees.— Nothing in this act shall apply to the payment
o f wages or compensation of employees directly employed by any county,
city and county, incorporated city or town, or other municipal corporation.
N o r shall anything herein apply to employees directly employed by the State,
any department, bureau, office, board, commission, or institution thereof. A ll
other employments shall for the purposes of this act be deemed private em
ployments and subject to the provisions hereof.
CALIFORNIA— ACTS OF 1921
C h a p t e r 259.— Employment
221
of children— General provisions
S e c t i o n 1. Age.— [Employment under 16 is forbidden in mercantile, manu
facturing and mechanical establishments, workshops, offices, laundries, places
o f amusement, restaurants, hotels, apartment houses, in messenger or de
livery service, or in any other work at any time except as provided herein or
in No. 3574, General Laws, or in ch. 506, Acts of 1919. W ork for a manu
facturing establishment includes work done indirectly or through contractors.]
S e c . 2. W ork time.— [Except as provided in sections 3,3% , and 5, 8 hours per
day and 48 per week is the limit for children under 18; nor may they work
between 10 p. m. and 5 a. m.]
S e c . 3. Messenger, etc., service.— [G irls under 18 and boys under 16 may
not be employed in messenger or delivery service in towns of over 15,000
population; nor may a boy under 18 be so employed between 9 p. m. and
6 a. m.]
S e c . 3%. Street trades.— [N o boy under 10 or girl under 18 may be employed
in any street trade or occupation in cities of 23,000 population or over.]
S e c . 4. Dangerous occupations.— [M inors under 16 may not be employed in
specified dangerous occupations. For a similar list see secs. 3145, 3148,
Delaw are Code. The list may be extended by the bureau o f labor statistics,
on determination, after hearing.]
S e c . 5. Exemptions.— [This act does not limit the hours of labor of chil
dren in agricultural or domestic labor, nor forbid their employment in such
labor during vacation or outside school hours. The curing and drying of
fruit are exempt, but not the canning. Theatrical employments of children
15 to 18 years of age are permitted, to 12 o’clock midnight, if the written
consent of the commissioner of labor is first obtained.]
S e c . 6 . Registers.— [Registers must be kept of all minors employed under
the age of 18, and a schedule of their work time posted in the rooms where
employed, all to be open to official inspection. Permits to work must be re
turned to the issuing authority within 5 days after the minor quits employ
ment. Semiannual reports of permits issued must be made to the bureau of
labor and board of education.]
S e c . 7. Violations.— [Fines, $50 to $200, or imprisonment not over 60 days,
or both, are penalties prescribed for violations.]
S e c . 8 . Enforcement.— [The bureau of labor statistics is charged with the
enforcement of this act. Attendance and probation officers may also enter
places of employment in its enforcement.]
C h a p t e r 421.— Employment
agencies— Trade schools
S e c t i o n s 1, 2. Classed as agencies.— [Persons, corporations, etc., conducting
trade schools or classes and placing their students in employment for wages,
and receiving pay for such placement services, are subject to the laws and
regulations governing private employment agencies; but this does not apply
to public or parochial schools or charitable institutions, or to private schools
teaching business subjects.]
A C T S OF 1921
C
hapter
3 4 . — Stock
for employees, etc., of corporations
S e c t i o n 5. Authorization.— [The stockholders of any corporation may provide
for the issue of stock, under restrictions determined by them, as additional
compensation or for sale to employees and persons actively engaged in the
conduct of the business. This may be an original or an increased issue, may
be paid for as determined, and may entitle to vote or not. The act does not
interfere with any issue or sale of stock to employees or others.]
C h a p t e r 115.— Seats
for employees in elevators
S e c t i o n 1. Seats required.— A ll elevators used for the carriage of passengers
shall be provided with a suitable seat for the operator in charge of the same.
Failure to comply with this act shall be deemed a misdemeanor and punish
able by a fine not exceeding twenty-five dollars for each offense.
TEXT A J m ABRIDGMENT OF LABOR LAWS
322
C h apte r
244.—Sanitation of foundries, etc.
S ection 2. Wft® fa act; provisions,— T h e owner, employer, or manager of
every foundry or metal shop engaged’ in the easting, fabricating, or w ording
over in any* maimer, o f iron, brass, steel, or other metal o r compound, and where
five o r more men a r e employed; shall establish and maintain, for the use o f the
employees, washbowls, sinks, o r other appliances, connected with running1
water, and also a* w atercloset connected with running water: The room w here
the washbowls are installed; and the water-closet shall be kept properly venti
lated and protected, so f a r as m ay be reasonably practicable, from the dust
and fumes of the foundry or metal shop.
Sac. 2. Violations.— W hoever fails to comply with the provisions o f this act
shall be deemed guilty of a misdemeanor and shall be fined not more than
one hundred dollars fo r each offense.
C h a p t e r 245.— Collection of wages—Public defender
Section 1. Office created.— [T h e board o f supervisors approving, a public de
fender may be elected, who must have at least one year’s experience- in a®
the courts of the Stated
S e c . 5. Duties.—
* * * H e shall also, upon request, prosecute actions fo r
th© collection o f wages and of other demands o f persons who are not financial
ly able to* employ counsel, in eases in which the sum involved does not exceed
one hundred dollars, and in which, In the Judgment o f the public defender,
the claims urged are valid and enforceable in the courts.
C h a p t e r 246.— Vnemptogmewt—Extension of public works
Section % Board of control.— It shall be the duty o f the board of control to
ascertain aaaid secure from the various departments, bureaus, boards; and com
missions o f this State* tentative plans f o r such extension o f the public works:
o f the State: as shall be best adapted to supply increased opportunities f o r ad
vantageous public labor during periods of temporary unemployment; together
w ith estimates o f the amount, character, and duration o f said employment,
the number of employees who could b e profitably used therein, together with
rates o f wages and such other information as: the board of control shall deem
necessary.
S e c . 2. Cooperating agencies.— It shall be the duty of the bureau of labor
statistics in cooperation with the immigration and housing commission and
the industrial w elfare commission, to* beep constantly advised of industrial
conditions throughout the State as affecting the employment of labor; and
whenever it shall be represented to the said bureau b y the Governor o f the
State, o r the said bureau shall otherwise have reasons to believe* that a
period o f extraordinary unemployment caused by Industrial depression exists In
the State, it shall be the duty o f the said bureau to Immediately hold an in
quiry into the facts relating thereto and to* find and report to the governor
of the State of California whether, in fact, such condition does exist.
S e c . 3. Board to actf when.— In the event that the bureau of labor statistics
shall report to the governor that a condition of extraordinary unemployment
caused by industrial depression does in fact exist within this State, the said
board of control is hereby authorized to make such disposition and distribu
tion of the available emergency fund among the said several departments,
bureaus, boards, and commissions o f the State, fo r such extension of the public
w ork s o f the State under the charge or direction thereof, Including the pur
chase o f m aterials and supplies necessary therefor, as shall, in the Judg
ment and' discretion o f the* said board of control be best adapted to ad
vance the public interest b y providing the maximum of public employment, in
relief of the existing conditions of extraordinary unemployment consistent
with the most useful, permanent, and economic extension of the works afore
said.
S e c . 4. Who to be employed.— It shall be the duty of the commissioner o f the
bureau o f labor statistics, immediately upon the publication,, under this actr
o f a finding that a period o f extraordinary unemployment due to industrial
depression exists throughout the State, to cause to be prepared by the appro
priate departments of hfs bureau approved lists* o f applicants fo r public em
ployment and to secure from such applicants, or otherwise, fu ll information
as to their industrial qualifications and to submit the same to the board
C A L IF O R N IA — ACTS O F 1921
223
o f control for transmission to such departments, bureaus, boards, and com
missions as shall avail themselves of the provisions of this a c t: Provided , how
ever, That preference fo r employment under this act shall be extended first
to citizens of C alifo rn ia; second to citizens of other States within the United
States who are within the State o f CaMfomia at the time of making their ap
plication ; and last to aliens who are within the State at the time of making
application.
Chapter
Railroads—Provisions for accidents—F irst aid.
S e c t io n 1. Package*— Every steam railroad company, or the receiver o r re
ceivers of any steam railroad, operating trains*, in whole or in part, within the
State o f California, shall provide a package containing the articles hereinafter
stated,, on each steam train or light steam engine, fo r first aid to persons who
may ,be injured in the course of the operation o f such train o r trains.
S e c . 2. Contents.— Every such package shall indude the following and such
other articles and equipment as may in the judgment and discretion of the
management of the steam railroad or the medical department thereof be useful
for the intended purpose:
A standard package to contain two (2 ) pieces of sterile gauze, one (1 )
ribbon bandage, one (1> triangular cambric picture bandage in aseptic con
tainer, six (6 ) o f these packages to make up one (1 ) first-aid kit which shall
contain written instructions for the use of such contents.
Sec. 3. Report of use,— The employee o f the steam railroad in charge o f the
steam train or steam engine shall report to the office designated by the com
pany whenever any such kit has been opened fo r use.
Sec . 4. Violations.— A ny steam railroad company, or the receiver o r receivers,
or employee of a steam railroad company, who shall fail to comply with the
provisions of this act shall be liable to a penalty of not less than five nor more
than twenty-five dollars, and each day's violation shall constitute a separate,
offense-: Provided , however, That the steam railroad company, or receiver or
receivers, shall be allowed not to exceed three days without penalty to replace
any package or packages after the use of same has been reported by thet
employees in charge of said steam train or steam engine.
C h a p t e b 897.— 8cmitary provisions for employees in moving-picture theaters
S e c t io n s 1, 2. Toilets, etc.— [This act requires toilet facilities, with running
w ater if available, otherwise a dry closet, fo r the convenience of operators in
theaters and moving-picture houses.]
C h a p t e r 903.—Employment of women—Moving boxes, etcm
S e c t io n 1. Pulleys, etc.% when.— Boxes, baskets, or other receptacles which
with* their contents weigh seventy-five' pounds or over and which are to be
moved by female employees in any mill, workshop, packing, canning, or
mercantile establishment shall be equipped with pulleys, casters, or other com
trivances connected with or upon which such boxes or other receptacles are
placed so that they can be moved easily from place to place in such establish
ments.
S e c . 2. Lim it of weight.— N o female employee shall be requested or per
mitted to lift any box, basket, bundle, or other receptacle or container which
with its contents weighs seventy-five pounds or over. Whoever violates the
provision of this act shall be deemed guilty of a misdemeanor and be punished
by a fine not exceeding fifty dollars fo r every day during which there shall
be a failure to equip or provide such boxes, baskets, or other receptacle with
some one of the appliances specified in section one of this act.
COLORADO
C O N S T IT U T IO N
A r t ic l e 5.— Hours of labor in mines, smelters, etc.
S e c t io n 25a. Lim it of eight hours per day.— The general assembly shall pro
vide by law , and shall prescribe suitable penalties fo r the violation thereof,
fo r a period o f employment not to exceed eight (8 ) hours within any twentyfour (24) hours (except in cases of emergency where life or property is in
imminent d a n g e r), fo r persons employed in underground mines or other under
ground workings, blast furnaces, smelters; and any ore reduction works or
other branch o f industry or labor that the general assembly may consider in
jurious or dangerous to health, life, or limb.
A r t ic l e 15.— Liab ility of employers for injuries to employees— W aivers
S e c t io n 15. Contracts waiving right to damages.— It shall be un law ful for
any person, company or corporation to require of its servants or employees,
as a condition o f their employment or otherwise, any contract or agreement,
whereby such person, company or corporation shall be released or discharged
from liability or responsibility on account of personal injuries received by
such servants or employees while in the service of such person, company or
corporation, by reason o f the negligence of such person, company or corpora
tion, or the agents or employees thereof, and such contracts shall be absolutely
null and void.
A r t ic l e 16.— Mine regulations
S e c t io n 2. Provisions prescribed.— The general assembly shall provide by law
fo r the proper ventilation of mines, the construction of escapement shafts,
and such other appliances as may be necessary to protect the health and
secure the safety o f the workmen therein; and shall prohibit the employ
ment in the mines o f children under twelve years of age.
C O M P IL E D L A W S — 1921
Protection of employees on street railways
S e c t io n 2843. Platform s to be inclosed.— It shall be unlaw ful for any person,
partnership or corporation owning or operating any street railw ay or the
cars thereupon, in this State, or fo r any officer or agent thereof superintending
or having charge or control of the line of railw ay or the cars thereupon,
whether the motive power of such car is electricity, steam, by cable or other
wise, which require the constant service, or care or attention of any person
or persons on any part o f such car, except the rear platform, to require or
permit such service, attention or care of any o f its employees, or any other
person or persons, unless such person, partnership or corporation, or superin
tending officer and managing agents thereof, first provide the said car with
a proper and sufficient inclosure constructed of wood, iron, and glass, or similar
suitable materials sufficient to protect such employee or other person from
exposure to the rain, snow, cold, or other inclemencies of the weather.
S e c . 2844. Act construed.— W here there is a trailing car or cars being drawn
by a head car upon which the propelling or drawing power is situated and
used and where no person is required to remain constantly at one point
either for the purpose o f keeping the lookout or fo r the purpose of operating
any apparatus or machinery upon such trailing car or cars; this act shall
not be construed to apply to any car except the head one; nor shall it be
construed to mean that the inclosure fo r the motorman or fo r the em
ployee managing or operating any apparatus or machinery of a car at any
point shall have his view obstructed, but the said inclosure or vestibuling shall
be constructed in a manner so as to permit a front and side view from the
position which it is necessary for the person to occupy while he is in the
performance of his duties.
224
COLORADO— CO M PIL ED L A W S— 1021
225
S eo. 2845. Penalty .— F o r each day that any car is permitted to be oper
ated contrary to the provisions of this act, it shall be deemed to be a sep
arate offense, and any person, partnership or corporation, or the superintend
ing officers or managing agents thereof, operating any such line o f street rail
w ay or the cars thereupon, who shall violate any of the provisions thereof,
upon being convicted, in any court of competent jurisdiction, shall be deemed
guilty of a misdemeanor, and shall be fined not less than fifty ($50) dollars,
nor more than one hundred ($100) dollars or imprisonment in the county
ja il not to exceed thirty (80) days fo r each and every offense.
Railroads — Reports, etc., of accidents
S e c t io n 2999. Accidents to persons.— [A ll accidents causing bodily injury
or loss of life on any railroad in the State, or on its ground or yards, must
be immediately reported to the public utilities commission. A n investigation
may be made, at the option of the commission, on notice to the company;
and the commission may make and enforce such rules as will, in its judgment,
tend to prevent accidents in the operation of the road.]
Mine regulations—Metal mines
S e c t io n s 3383-3396, 3397 (a s amended 1923, ch. 145). Bureau of mines;
inspectors.— [A bureau of mines is created, with a qualified commissioner
appointed by the governor, for a term of four years, at a salary of $3,009
per annum, with $1,600 for traveling expenses. The commissioner shall, with
the consent of the governor, appoint an inspector for each of the four in
spection districts into which the State is by law divided, the inspectors to
receive $2,500 per annum, with $1,800 for travel. Officers are maintained at
the capital and in each district. Conditions of efficiency and safety and the
adoption of proper methods of workings, systems of signals, etc., are within
the scope of the inspector’s duties; deputy inspectors may also be appointed.
Access to mines and plants must be allowed the commissioner and the in
spectors, and an annual report, setting forth the work of the bureau, with
statistical information, is directed.
Defective conditions in mines must be remedied, as ordered, and injunctions
w ill lie to prevent operation until orders are complied with.]
S e c s . 3401-3432. Safety regulations.— [A code of regulations for mines other
than coal contains provision as to the storage of oil, hoisting, blasting, signals,
fire protection, shafts, gates, etc.]
Mine regulations— Coal mines
S e c t io n s 3439-3475. Inspectors.— [A chief inspector of coal mines and six
deputies are provided for, whose qualifications are to be determined by a board
of examiners comprising two miners, a mine owner or official, a mining engi
neer, and the chief inspector. Persons passing the examination are eligible to
appointment as chief or deputy inspectors at any time within five years. Tests
of experience and theoretical and practical knowledge are required. The salary
of the chief inspector is $4,400, and of deputies $2,500 per annum, the latter
advancing $100 per year until $3,000 is reached; traveling expenses are allowed
both.
Inspectors are not to be interested in mines, and may be removed fo r cause,
after hearing.]
S e c s . 3476-3479. Mine foremen, etc.— [The board of examiners shall also
conduct examinations for mine examiners, mine foremen, assistant mine fore
men, and fire bosses, and issue certificates to those who qualify. Shot firers
are examined by the chief inspector or a deputy. Certificates must be posted,
and may be revoked for failure or unfitness of the holder to perform his duties.]
S e c s . 3480, 3481. Inspections.— [Mines must be inspected every 90 days, and
dangerous conditions remedied, or the mines may be ordered closed. Appeals
lie to the district court.]
S e c s . 3482-3613. Provisions for safety.— [Regulations as to the duties of
mine foremen, ventilation, outlets, timbering, travel-ways, shelter holes, blast
ing, safety lamps* signals, fire bosses, hoisting, rescue crews, first aid, maps,
oils, electric installations, telephones, etc., are prescribed.
No male under 16 years of age, and no female, may be employed in or about
coal mines or coke ovens except in a clerical capacity in an office.
105446°— 25------15
226
TEXT AND ABRIDGMENT OF LABOR LAWS
W here coal is mined by weight, suitable scales, etc., must be provided, and
the miners may, if a majority desire, employ a eheckweighman, to be paid by
them.
A ll fatal accidents are to be reported to the chief inspector an d to the
coroner of the county, who must hold an inquest thereon. Employers must
make monthly reports of employees, tune worked, output, ventilation, accidents,
etc.; also annual reports.]
Antitrust law —Labor organizations exempt
S e c t io n 4036. Labor not a commodity.—
* * * Labor, whether skilled or
unskilled, is not a commodity within the meaning of this act.
S ec . 4150. Workingmen may combine.— It shall not be unlawful fo r any two
or more persons to unite, or combine, or agree in any manner, to advise or en*
courage, by peaceable means, any person or persons to enter into any combina
tion in relation to entering into or remaining in the employment of any person,
persons or corporation, o r in relation to the amount o f wages or compensation
to be paid for labor, or fo r the purpose of regulating the hours of labor, or for
the procuring of fa ir and just treatment from employees [employers], or fo r
the purpose of aiding and protecting their welfare and interests in any other
manner not in violation of the constitution of this State or the law s made in
pursuance thereof; Provided , That this act shall not be so construed as to per
mit two or more persons, by threats of either bodily or financial injury, or by
any display of force, to prevent or intimidate any other person from continuing
in such employment as he may see fit, or to boycott or intimidate any employer
of labor.
Employment of labor—Notice of labor disputes
S e c t io n 4150. False representations.— It shall be unlaw ful for any person,
persons, company, corporation, society, association or organization of any kind
doing business in this State, by himself, themselves, his, its or their agents or
attorneys, to induce, influence, persuade or 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 o f the employment, or as to the existence or non
existence of a strike or lockout pending between employer and employees, or
failure to state in any advertisement, proposal, or contract for the employment
that there is a strike, lockout, or other labor troubles at the place o f the pro
posed 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 o f this act.
S e c . 4157. Violations.— [Violations are punishable by a fine not exceeding
$2,600, or by imprisonment in the county ja il not exceeding one year, or both.]
S e c . 4158. H iring armed guards.— Any person or persons who shall hire, aid,
abet or assist in hiring, through agencies or otherwise, persons to guard with
arms or deadly weapons o f any kind other persons or property in this State,
or any person or persons who shall come into this State armed with deadly
weapons of any kind for any such purpose, without a permit in writing from
the governor of this State, shall be guilty of a felony, and on conviction
thereof shall be imprisoned in the penitentiary not less than one year nor more
than five years: Provided , That nothing contained in this act shall be con
strued to interfere with the right of any person, persons, or company, cor
poration, society, association, or organization in guarding or protecting their
private property or private interests, as is now provided by l a w ; but this act
shall be construed only to apply in cases where workmen are brought into
this State, or induced to go from one place to another in this State, by any
false pretenses, false advertising, or deceptive representations, or brought into
this State under arms, or removed from one place to another in this State,
under arms.
S e c . 4159. Right to damages.— Any workman of this State, or any workman
o f another State 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 o f such workmen shall
COLORA1X>— C O M P IL E D L A W S— 1921
227
have a right o f action fo r recovery o f all damages that each such workman has
sustained in consequence of the false or deceptive representations, false ad
vertising and false pretenses used to induce him to change his place of em
ployment, against any person or persons, corporations, companies, or associa
tions, directly or indirectly, causing such damages; and, in addition to all
actual damages such workmen may have sustained, they shall be entitled to
recover such reasonable attorney’s fees as the court shall fix, to be taxed as
costs in any judgment recovered.
Boycotting , blacklisting, etc.
S e c t io n .4162. Picketing unlawful.— It shall be unlawful for any person or
persons to loiter about or patrol the streets, alleys, roads, highways, trails,
or place of business o f any person, firm, or corporation engaged in any law fu l
business, for the purpose o f influencing or inducing others not to trade with,
buy from, sell to, work for, or'have business dealings with such person, firm,
or corporation, or to ticket [picket] the works, mine, building, or other place
o f business, or occupation o f such other person, persons, firm, o r corporation,
for the purpose of obstructing or interfering with or injuring any law ful busi
ness work, or enterprise: Provided, That nothing herein shall prevent any per
son from soliciting trade, custom, or business for a competitive business.
Sec . 4168. Boycotting.— It shall be unlawful to print or circulate any notice of
boycott, boycott card, sticker, banner, sign, or dodger, publishing or declaring
that a boycott or ban exists, or has existed or is contemplated against any
person, persons, firm, or corporation doing a law fu l business, or publish the
name of any judicial officer or other public officer upon any notice of boycott,
boycott card, sticker, banner, sign, or other similar list, because of any law ful
act or decision of such official.
S e c . 4164. Intim idation.— It shall be unlawful to use force, threats, or other
means of intimidation to prevent any person from engaging in any law fu l
occupation at any place he or she sees fit.
Sec . 4165. Blacklisting.— It shall be unlawful for any employer to maintain
a black list, or to notify any other employer that any workman has been black
listed by such employer, fo r the purpose of preventing such workman from
receiving employment: Provided , however, That nothing herein shall prevent
a former employer of any workman or any former employee from imparting a
fa ir and unbiased opinion of a workman’s or employee’s qualifications when
solicited so to do by a later or prospective employer of such workman, or em
ployee; nor shall anything in this act be construed to prevent any merchant
or professional man, o r any association of the same, from maintaining or pub
lishing a list concerning the credit or financial responsibility o f any person or
persons dealing with him or them on credit.
S e c . 4166. Violations.— [Violations are punishable by a fine o f not less than
$10 nor more than $250, or by imprisonment not exceeding 60 days, or both.]
Liab ility of employers for injuries to employees
S e ctio n 4167. Acts of fellow servants.— Every corporation or company which
or individual who may employ agents, servants or employees, such agents,
servants or employees being in the exercise of due care, shall be liable to re
spond in damages for injuries or death sustained by any such agent, servant
or employee resulting from the carelessness, omission of duty or negligence of
such employer, or which may have resulted from the carelessness, omission of
duty or negligence of any other agent, servant or employee of the said em
ployer, in the same manner and to the same extent as if the carelessness, omis
sion of duty or negligence causing the injury or death was that of the em
ployer.
S e c . 4168. Injuries causing death.— Whenever the death of a person shall
be caused by an act of carelessness, omission of duty or negligence as pro
vided in the preceding section, then, and in eyery such case, the corporation
or company which, or individual who, would have been liable, if death had not
ensued, shall be liable to an action fo r damages, notwithstanding the death
of the party injured, and in every such case the jury may give such damages
as they deem fa ir and just, not exceeding the sum of five thousand dollars,
with reference to the necessary injury resulting from such death, to the party
or parties who may be entitled to sue hereunder.
228
TEXT
a n i> a b r id g m e n t
of. labor
law s
Sec . 4169. Who may sue.— Every such action shall in case o f death be main
tained :
.~
•
First— B y the husband or w ife of the deceased; or
Second— I f there be no husband or wife, or if he or she fails to sue within
one year after such death, then by the children o f the deceased or their descen
dants, or
Third— I f such deceased be a minor or unmarried, without issue, then
by the father or mother, or by both jointly; or
Fourth— I f there be no such person entitled to sue, then by’ such other next
o f kin of the deceased as may be dependent upon deceased fo r support.
Every such action, in case of death, may be maintained by any such person
entitled to sue, fo r the use and benefit of the other or others so entitled to
sue, as well as fo r the plaintiff so suing, and the verdict of the ju ry and the
judgment of the court shall, in such case, specify the amount of damages
awarded to each such person, and if any such actions be separately brought,
the same be consolidated with the action so first commenced in the court that
shall have jurisdiction of said actions, when so consolidated.
S e c . 4170. Lim itations.—-All actions provided for by this act shall be brought
within two years from the time of the accident causing the injury, if death
does not, ensue, or within two years from the time of death, in case of injury
resulting in death. The amount of compensation recoverable under this act
in case of personal injury resulting solely from the negligence of a coem
ployee shall not .exceed the sum of five thousand dollars.
S e c . 4171. Negligence of employer.— Whenever any agent, servant, or em
ployee while in the performance of his duty fo r his employer, shall be
injured or killed in the employer’s service on account o f the employer’s negli
gence, or on account of any defect or peril connected with ways, works, machin
ery or instrumentalities used in the business of the employer, which could
have been, remedied or made more safe by the use of ordinary diligence, a re
covery for such injury or death may be had, and the fact that such employee
had knowledge of the defect or peril, shall not be a bar. to a recovery, unless
the repairing or remedying of such defect or peril w as his principal duty.
A ll stipulations, contracts or agreements between an employee and his em
ployer or between other persons, contrary to the provisions hereof shall be
null and void.
Hours of labor in mines, smelters, etc.— Eight-hour day
S e c tio n 4172. Injurious employments.— Employment in all underground
mines, underground workings, open cut workings, open pit workings, smelters,
reduction works, stamp mills, concentrating mills, chlorination processes, cyan
ide processes and coke ovens, is hereby declared to be injurious to health and
dangerous to life and limb.
S e c . 4173. Lim it of eight hours per day.— The period of employment of
men working in all underground mines, underground workings, open cut
workings, open pit workings, smelters, reduction works, stamp mills, concen
trating mills, chlorination processes, cyanide processes and coke ovens shall
not exceed eight (8 ) hours within any twenty-four (24) hours except tn cases
of emergency where life or property is in imminent danger.
S e c . 4174. Violations.— [Violations are punishable by a fine o f not less than
$250 nor more than $500, or by imprisonment fo r not less than 90 days nor
more than 6 months, or by bo th ; each day’s continued violation constituting a
separate offense.]
Hours of labor on public works
S e c t io n 4175. Lim it of eight hours per day.— In all work hereafter under
taken in behalf of the State or any county, township, school district, munic
ipality or incorporated town, it shall be unlawful for any board, officer, agent
or any contractor or subcontractor thereof to employ any mechanic, work
ingman or laborer in the prosecution of any such work for more than eight
hours a day.
S e c . 4176. Emergency cases.— Nothing in section one o f this act shall be
construed so as to prevent work in excess of eight hours a day in emergency
cases: Provided , That hours in excess of eight a day shall be treated as con
stituting part of a subsequent day’s w o rk : And provided, That in no one
week of seven days shall there be permitted more than forty-eight hours, of
labor. Any violation hereof shall be unlawful.
COLORADO— C O M PIL ED LA W S— 1921
229
S e c . 4177. Violation.— [Failure to comply with sections one and two is
punishable by fine of not less than $100 nor more than $500, or imprisonment
not exceeding 100 days, or both.] -
Employment of women—Hours of labor
S e c t io n 4183. Injurious employment.— Employment of females in any and all
manufacturing, mechanical and mercantile establishments, laundries, hotels, and
restaurants, is hereby declared to be injurious to health and dangerous to life
and limb.
S e c . 4184. Lim it of 8 hours per day.— N o female shall be employed in any
manufacturing, mechanical or mercantile establishment, laundry, hotel, or
restaurant in this State more than eight (8 ) hours during any twenty-four
(24) hours of any one calendar day. The hours of work may be so ar
ranged as to permit the employment of females at any time: Provided , That
any such female shall not work more than eight (8 ) hours during the twentyfour (24) hours of any one calendar day.
S e c . 4185. Violations.— [Violations are punishable by a fine of not less than
$50 nor more than $500 or imprisonment not less than 30 days nor more
than 6 months, or both. Each day’s violation constitutes a separate offense.]
Protection of employees on buildings
S e c t io n 4186. Unsafe scaffolding, etc.— A person employing or directing an
other to perform labor o f any kind in the erection, repairing, altering, or
painting of a house, building, or structure shall not .furnish or erect for the
performance of such labor, scaffolding, hoists, stays, ladders, or other mechani
cal contrivances which are unsafe, unsuitable, or improper, and which are not so
constructed, placed, and operated as to give proper protection to life and
limb of a person so employed or engaged.
Scaffolding or staging swung or suspended, from an overhead support, more
than twenty feet from the ground or floor, shall have a safety rail of wood,
properly bolted, secured, and braced, rising at least thirty-four inches above
the floor or main portions of such scaffolding or staging and extending along
the entire length o f the outside and the ends thereof, and properly attached
thereto, and such scaffolding or staging shall be so fastened as to prevent the
same from swaying from the building or structure.
Sec. 4187. Inspection by building inspector.— Whenever complaint is made to
the building inspector of any town or city wherein work is being done as
aforesaid, that the scaffolding or the slings, hangers, blocks, pulleys, stays,
braces, ladders, or ropes of any swinging or stationary scaffolding used in the
construction, alteration, repairing, painting, cleaning or pointing of buildings
within the limits o f such city are unsafe or liable to prove dangerous to
the life or limb o f any person, said building inspector shall immediately cause
an inspection to be made of such scaffolding, or the slings, hangers, blocks,
pulleys, stays, braces, ladders, irons or other parts connected therewith. If,
after examination, such scaffolding or any of such parts is found to be
dangerous to life or limb, said building inspector shall prohibit the use thereof,
and require the same to be altered and reconstructed so as to avoid such
danger. The building inspector making the examination shall attach a certifi
cate to the scaffolding, or the slings, hangers, irons, ropes or other parts thereof,
examined by him, stating that he has made such examination, and that he
has found it safe or unsafe, as the case may be. I f he declares it unsafe,
he shall at once, in writing, notify the person responsible for its erection of
the fact, and w arn him against the use thereof. Such notice may be served
personally upon the person responsible for its erection, or by affixing it con
spicuously to the scaffolding, or the part thereof declared to be unsafe. A fter
such notice has been so served or affixed the person responsible therefor shall
immediately remove such scaffolding or part thereof or alter or strengthen it
in such manner as to render it safe, in the discretion of the officer who has
examined it. The building inspector, whose duty it is to examine or test any
scaffolding or part thereof, as required by this section, shall have free access,
at all reasonable hours, to any building or premises containing them or where
they may be in use. A ll swinging or station [a r y ] scaffolding shall be sd con
structed as to bear four times the maximum weight required to be dependent
therefrom or placed thereon, when in use, and not more than four men shall
be allowed on any swinging scaffolding at one time.
T E X T A N D A B R ID G M E N T OF LABO R L A W S
230
S e c . 4188. Flooring to be laid during construction.— A ll contractors and
owners, when constructing buildings in cities, where the plans and specifica
tions require the floors to be arched between the beams thereof, or where the
floors or filling in between the floors are of fireproof material or brick work,
shall complete the flooring or filling in as the building progresses, to not less
than within three tiers of beams below that on which the iron work is being
erected. I f the plans and specifications of such buildings do not require filling
in between the beams of floors with brick or fireproof material, all contractors
fo r carpenter work in the course o f construction, shall lay the underflooring
thereof on each story as the bulding progresses, to not less than within two
stories below the one to which such building has been erected. W h ere double
floors are not to be used, such contractor shall keep planked over the floor
not less than two stories below the story where the work is being: performed.
I t the floor beams are of iron or steel, the contractor fo r the iron or steel
work of building in course o f construction, or the owners of such building,
shall thoroughly plank over the entire tier of iron or steel beams on which the
structural iron or steel work is being erected, except such spaces as may be
reasonably required fo r the proper .construction of such iron or steel work,
and fo r the raising or lowering of materials to be used in the construction o f
such building, or such spaces as may be designated by the plans and specifica
tions fo r stairways and elevator shafts. I f elevators, elevating machines or
hod-hoisting apparatus are used within a building in the course of construc
tion, for the purpose of lifting materials to be used in such construction, the
contractors Or owners shall cause the shafts or openings in each floor to be
inclosed or fenced in on all sides by a barrier at least eight feet in height,
except on two sides, which may be used fo r taking off and putting on materials,
and those sides shall be guarded by an adjustable barrier not less than three
nor more than fo u r feet from the floor and not less than two feet from the
edge of such shaft or opening. I f a building in course of construction is five
stories or more in height, no lumber or timber needed fo r such construction
shall be hoisted or lifted on the outside o f such building.
S e c . 4189. Duties of building inspector.— The said building inspector shall en
force all the provisions of this article. H e shall investigate complaints made
to him o f violations o f such provisions, and if he finds that such complaints
are w ell founded, he shall issue an order directed to the person or corporation
complained of, requiring such person or corporation to comply with such provi
sions. I f such order is disregarded, the said building inspector shall present
to the district attorney of the proper county all the facts ascertained by him
in regard to the alleged violation, and all other papers, documents or evidence
pertaining thereto, which he may have in his possession. The district attorney
to whom such presentation is made, shall proceed at once to prosecute the
person or corporation fo r the violations complained of.
S e c . 4190. Penalty.— Any person, corporation, company or association violat
ing any of the provisions of this act shall be deemed guilty of a misdemeanor
and shall, upon conviction, be fined in the sum o f not less than fifty ($50)
dollars nor more than five hundred ($500) dollars fo r each and every offense.
Employment of labor—Age not ground for discharge
S e c t io n 4191. Discharge for age prohibited.— N o person, persons* firm, as
sociation or corporation, carrying on or conducting, within this State, any
business requiring the employment of labor, shall discharge any individual
between the ages of eighteen and sixty years, solely and only upon the
ground of age : Provided , however, That such individual is w ell versed in
the line of business carried on by such person, persons, firm, association or
corporation, and is qualified physically, mentally and by training and experi
ence, to satisfactorily perform, and does satisfactorily perform the labor as
signed to him, or fo r which he applies.
Sec. 4192. Violations.— [Violations are punishable by a fine o f not less
than $100 nor more than $250 for each offense.]
Beats for female employees
S e c t io n 4193. Beats to be provided.— Every person, corporation or company
employing females in any manufacturing, mechanical or mercantile estab
lishments in this State, shall provide suitable seats for the use o f the females
so employed, and shall permit the use of such seats by them when they are
not necessarily engaged in the active duties fo r which they are employed.
CO L0BADO — C O M PIL E D L A W S— 192L
231
Sec. 4194 Penalty.— Any person* corporation or company violating any
o f the provisions o f this act, shall be punished by fine o f not less than ten
dollars nor more than thirty dollars fo r each offense.
Bureau of labor statistics
S e c t io n 4195. Bureau established.— There is hereby established a separate
and distinct bureau to be known as the bureau o f labor statistics of the
State of Colorado, which bureau, shall be charged with the collection o f sta
tistics pertaining to the internal resources of the State, labor and agriculture.
The secretary o f state shall be designated the ex officio commissioner of said
bureau. H e shall appoint a deputy * * *, who shall hold his office for
the term o f two years. H e shall be an elector o f this State w ell versed
in the collection o f statistics and matters relating thereto.
The deputy
labor commissioner shall, within twenty days after receiving his commission,
and before entering upon the duties of his office, give bonds to the State
of Colorado in the sum of five thousand ($5,000) dollars to be approved by
the attorney general. Said deputy labor commissioner shall receive an an
nual salary o f twenty-five hundred ($2,500) dollars, payable as other State
officers. The said deputy labor commissioner shall, upon entering upon his
duties, recommend and the secretary of state appoint one statistician who
shall hold his office fo r the term of two years and who shall be an elector of
the State; he shall receive an annual salary o f fifteen hundred ($1,500)
dollars payable as other State officers. Said deputy labor commissioner shall,
upon entering #upon the duties of his office, recommend and the secretary of
state appoint one stenographer who shall receive an annual salary of twelve
hundred ($1,200) dollars, payable as other State officers.
S e c . 4196. Duties„— The duties o f the commissioner shall be to collect,
systematize, and present in biennial reports to the legislature, statistical
details relating to all departments o f labor in the State, such as the hours
and wages of labor, cost of living; amount of labor required, estimated number
of persons depending on daily labor for their support, the estimated number
of persons employed by the several industries within the State, the operation
of labor-saving machinery in its relation to hand labor, etc. Said statistics
may be classified as follow s:
First— In agriculture.
Second— In mining.
Third— In mechanical and manufacturing industries.
Fourth— In transportation.
Fifth— In clerical and other skilled and unskilled labor not above men
tioned.
Sixth— The amount of cash capital invested in lands, in buildings and
machinery, severally, and means of production and distribution generally.
Seventh— The number, age, sex, and condition of persons employed; the nature
of their employment; the extent to which the apprenticeship system prevails
in the various skilled industries; the numbers of hours of labor per day;
the average length of time employed per annum, and the net wages received
in each of the industries and employments within the State.
Eighth— The number and condition of the unemployed, their age, sex and
nationality, together with the cause of their idleness.
Ninth— The sanitary condition of lands, workshops, dwellings; the number
and size of rooms occupied by the workers, etc.; the cost of fuel, rent, food,
clothing and water in each locality of the State; also the extent to which
labor-saving processes are employed to the displacement of hand labor.
Tenth— The number and condition of the Chinese in the State; their
social and sanitary habits; number of married and single; the number
employed and the nature of their employment; the average wages per day
at each employment, and the gross amount yearly; the amount expended
by them in rent, food and clothing, and in what proportion such amounts are
expended for foreign and home productions respectively; to what extent their
labor comes in competition with the other industrial classes of the State.
Eleventh— The number, condition, and nature of the employment of the
inmates of the State prison, county jails and reformatory institutions, and to
w hat extent their employment comes in competition with the labor of
mechanics, artisans, and laborers outside o f these institutions.
Twelfth— A ll such other information in relation to labor as the com
missioner may deem essential to further the objects sought to be attained by
this statute.
232
TEXT AND ABRIDGMENT OP LABOR LAWS
Thirteen— A description, o f the different kinds o f labor organizations in
existence in the State> a n d what they accomplish in fhvor o f the class for which
they were organized.
S e c . 4197. Duties of officers and employers.— It shall be the duty of all
State, county, and precinct officers, every owner, operator, or manager of
every factory, workshop, mill, mine, or mercantile establishment doing, business
in the State of Colorado where labor is employed to make to the bureau
upon blanks furnished by said bureau such reports and returns as the com
missioner or his deputies may require fo r the purpose of compiling all statistics
as are authorized by the la w creating the department of the bureau of labor
statistics, and the owner or business manager shall make such reports
and returns within the time prescribed therefor by the deputy commissioner
o f labor, and shall certify to the correctness of the same. In the report
of said bureau no use shall be made o f the names of individuals, firms, or
corporations supplying the information called for by this section, such in
formation being deemed confidential and not fo r the purpose of disclosing
personal affairs. A ny refusal on the part of any . State, county, precinct,
municipal officers, or the owners, operators, or managers of any factory,
workshop, mill, mine, or mercantile establishment to make returns to the
deputy commissioner of labor or his deputy shall be deemed guilty of a mis
demeanor and upon conviction shall be fined not less than ($50.) dollars
nor more than one hundred ($100) dollars, or by imprisonment not less
than ten days nor more than thirty days in the county jail, or by both such
fine and imprisonment at the discretion o f the court.
S e c . 4198. Hindering commissioner.— A ny person who w illfully impedes or
obstructs the commissioner in the fu ll and free performance o f his duties,
shall be guilty of a misdemeanor, and upon conviction shall be fined not less
than ten ($10) nor more than fifty ($50) dollars, or imprisonment not less than
seven (7 ) nor more than thirty (30) days in the county jail, or both.
S e c . 4199. Office hours.— The office of the bureau shall be open fo r business
from nine o’clock a. m. until five o’clock p. m. every day, except nonjudicial
days, and the officers thereof shall give to all persons requesting it, all needed
information which they may possess.
Sec. 4200k Powers of deputy commissioner.— The deputy commissioner shall
have power to send for persons whenever in his opinion it is necessary and
he may examine witnesses under oath, being hereby authorized to administer
the same in the performance o f his duty, and the testimony so taken must
be filed and preserved in the office o f said deputy commissioner.
It shall also be the. duty o f the deputy labor commissioner to cause to be
enforced all laws regulating the employment of children, minors, and women
all law s established fo r the protection o f the health, lives and limbs of all
operators in factories, mills, mines, workshops, offices, bakeries, laundries,
stores, hotels, railroads, or any public or private works where labor is em
ployed or machinery used; and all laws enacted for the protection of wage
workers.
S e c . 4201. Office.— The secretary of state shall provide a suitable office for
said commissioner properly furnished.
S e c . 4203. Quarterly bulletins.— The commissioner of the bureau of labor
statistics o f the State of Colorado, is hereby authorized by the provisions of
this act to compile and issue every three months in each calendar year a four
page bulletin containing statistics pertaining to labor or industries of the
State, so that the public may have the benefit of immediate information on
such subject as is contained in the bulletin.
S e c . 4204. Free distribution.— Not more than three thousand copies of said
bulletin shall be issued quarterly and distributed free to the public, and the
printing of said bulletins shall be paid for in the same manner and from
the same fund as State officers’ reports. * * *
Employment of labor—Fraud
S e c t io n 4205. False pretenses.— Any person who shall knowingly and design
edly, by any false pretense or pretenses, obtain the labor or services o f an
other shall de deemed a swindler and upon conviction shall, where the labor
or services obtained is over the value of twenty dollars, be imprisoned iu the
State penitentiary not to exceed ten years; and where the labor and services
obtained is of the value of twenty dollars or less, be fined in any sum not
exceeding one thousand dollars or imprisoned in the county ja il not to exceed six
COLORADO— CO M PILED LA W S— 1921
233
months; or by both, in the discretion of the court; and in all cases where
the value of the labor or services obtained is twenty dollars or less, justices
of the peace shall have jurisdiction of violations of this act.
S e c . 4206. Enforcement.— The commissioner of labor statistics o f the State
of Colorado shall cooperate with the district attorneys, sheriff, and all peace
officers of the State in the enforcement of this act.
Employment of children— General provisions
S e c t io n 4208. Age; hours; employment.— [Children under 14 years of age
may not be employed for wages in any place of amusement, mercantile institu
tion, office, hotel, laundry, manufacturing establishment, workshop; nor as
messengers or drivers therefor; nor as elevator operators; nor at any work
fo r wages during school term ; nor between 8 p. m. and 7 a. m .; nor more
than 8 hours per day. The occupations forbidden are declared injurious or
dangerous to life, health or limb. W ork on farms and in orchards, etc., is
not forbidden, but if fo r others than parents a permit must be obtained.]
S e c . 4209. Unlawful employments.— [Children under 16 years of age may
not be employed in places used for illegal, obscene, or immoral purposes, or
in any exhibition or vocation injurious to morals or health, or dangerous to
life or limb.]
S e c . 4210. Dangerous occupations.— [The employment of children under 16
years of age in a specified list of dangerous occupations is forbidden. For
a similar list, see Delaware Code, secs. 3145, 3148. Females under 16 may
not be employed where they are required to stand constantly, nor may females
under 10 be employed in any street trade.]
S e c s . 4211-4217. Employment certificates.— [Perm its must be obtained and
registers kept of children 14 to 16 years of age employed in the establish
ments, etc., named in section 4208. A ge and schooling certificates are issued
by the superintendent of schools or a person authorized by him. The child
must be able to read and write, or be in attendance at night school, if the
employment is during the school term.]
S e c . 4218. Inspection.— [Factory inspectors must visit the establishments,
etc., named, in which children are employed, to ascertain whether the provisions
of the law are complied with. I f unlawful employment is reported in writ
ing to the local school authorities, they must inform the State factory in
spector thereof.]
*
S e c . 4219. Work time.— [Children under 16 years of age may not be em
ployed in any gainful occupation for more than 8 hours per day nor 48 per
week, nor after 8 p. m. Schedules of work time must be posted in each room
where minors are employed.]
S e c s . 4220, 4221. Enforcement.— [Presence of a child under 16 years of age in
an establishment is prima facie evidence of employment. The State factory
inspector is specially charged with the prosecution of violations of the law .]
S e c . 4222. [Relates to theatrical employments.]
S e c s . 4224, 4225. Violations.— [Parents, ete., violating the law may be fined
from $5 to $25, employers from $5 to $100, and for a second offense $100 to
$500, or imprisoned not over 90 days, or both.]
Payment of wages—Modes and times
S e c t io n 4226. Semimonthly pay days.— A ll private and quasi-public cor
porations doing business within this State shall pay to their employees the
wages earned each and every fifteen (15) days in law ful money of the
United States, or checks on banks, convertible into cash, on demand at full
fr.ce value thereof.
S e c . 4227. Failure to pay.— Whenever any private or quasi-public corpora
tion shall fail to pay any of its employees as provided in section 6981 [4226],
then a penalty shall be attached to such corporation and become due to such
employees as follow s: A sum equivalent to a penalty of five per cent (5 )
of the wages due and not paid as herein provided as liquidated damages, and
such penalty shall attach and suit may be brought in a court of competent
jurisdiction to recover same and the wages due.
S e c . 4228. Payment on discharge.— Whenever any such employee is discharged
from the employ of any such corporation then all the unpaid wages of such
employee shnll immediately become due and payable, and if any private or
quasi-public corporation shall within three (3 ) days fail to pay any such dis
charged employee all the wages due and payable to such discharged employee,
284
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TEXT AN B ABRIDGMENT OF LABOR LAWS
'then the same penalty o f five per cent (5 ) shall attach to said corporation and
become due to such employee as provided in section 6982 [4227]: Provided,
however, Nothing in this section shall apply to any employee o f any such corporation who quits o f his own accord.
Sec . 4229. E m p loyee may recover penalty.— Any employee o r any assignee
o f any such employee may recover all such penalties that may, by violation o f
section 2 [4227] of this act, have accrued to him, at any time within six
months succeeding such default, or delay, in the payment of such wages.
S e c . 4230. W hat contracts void .— Any contract or agreement made between
any corporation and any private or quasi-public parties in its employ, the provi
sions of which shall be in violation, evasion or circumvention o f this act (semi
monthly pay day act) shall be unlawful and void, but such employee may sue
to recover his wages earned together with such five per cent (5 % ) penalty, or
,separately, to recover the penalty if the wages have been paid.
S ec. 4231. Contractor.— Whenever any private or quasi-public corporation
•shall contract any or all o f its work to any contractor then it shall become the
duty of any such corporation to provide that the employees o f any such cor
poration or contractor shall be paid according to the provisions o f this act,
and such corporation shall become responsible and liable to the employees
;of sueh contractor in the same manner as if said employees were employed by
such corporation.
S e c . 4232. Attorney's fee.— Whenever it shall become necessary for the em
ployees to enter or maintain a suit at la w fo r the recovery or collection of wages
due as provided by this act, then such judgment shall include a reasonable
attorney fee, in favor o f the successful party, to be taxed as part o f the costs
in the case.
S e c . 4233. Scope of act.— It is herein provided that all private or quasi-public
corporations heretofore or hereafter organized fo r pecuniary profit shall be
subject to the provisions o f this act.
S e c . 4234. Truck system forbidden.— It shall be unlawful for any person,
company or corporation, or the agent o r the business manager o f any such
person, company or corporation, doing business in this State, to use or employ,
a s a system, directly or indirectly, the “ truck system” in the payment, in
whole or in part o f the wages o f any employee or employees o f any such per
son, company or corporation.
S e c . 4235. Definition.— The words “ truck system ” as used in the preceding
section are definedrto be:
F irst — Any agreement, method, means or understanding used or employed by
an employer, directly or indirectly, to require his employee to waive the pay
ment of his wages in law ful money o f the United States, and to take the same,
or any part thereof, in goods, wares or merchandise, belonging to the em
ployer or any other person or corporation.
Second— Any condition in the contract o f employment between employer and
employee, direct or indirect or any understanding whatsoever, express or im
plied, that the wages of the employee, or any part thereof, shall be spent in any
particular place or in any particular manner.
Third — Any requirement or understanding whatsoever by the employer with
the employee that does not permit the employee to purchase the necessaries o f
life where and of whom he likes, without interference, coercion, let or hin
drance.
Fourth — To charge the employee interest, discount or other thing whatso
ever for money advanced on his wages, earned or to be earned, where the pay
days of the employer are at unreasonable intervals of time.
F ifth — Any and all arrangements, means or methods, by which any person,
company or corporation, shall issue any truck order, scrip, or other writing
whatsoever, by means whereof the maker thereof may charge the amount there
of to the employer of laboring men so receiving such truck order, scrip or other
writing, with the understanding that such employer shall charge the same to
his employee and deduct the same from his wages.
S e c . 4236. Truck orders, etc., void.— A ny truck order, scrip or other writing
whatsoever, made, issued, or used in aid of or in furtherance of, or as a part
of the “ truck system” as defined in this act, evidencing any debt or obliga
tion from any person, company or corporation for wages due or to become due
to any employee or employees of any person, company or corporation, issued
under a system whereby it is the intent and purpose to settle such w age debt
or debts by any means or device other than in law fu l money, shall be utterly
void in the hands of any person, company or corporation with knowledge that
COLORADO— C O M PIL ED LA W S— 1921
235.
the same had been issued in pursuance o f such system, and it shall be unlaw
fu l to hare, hold or circulate the same with such knowledge.
S e c . 4237. Violations.— [Violations are punishable by a fine o f not less than
$100 nor more than $500, or by imprisonment fo r not less than 30 days nor
more than 0 months.]
S e c . 4238. Corporations forfeit charter.— The violation of the provisions of!
any section of this act by any corporation organized and existing under the
law s of this State shall be deemed sufficient cause for the forfeiture of the
charter o f any such corporation, and the attorney general of the State shall im
mediately commence proceedings in the proper court in the name of the people
of the State of Colorado, against any such corporation for the forfeiture o f its
charter.
S e c . 4239. Foreign corporations.— Any foreign corporation doing business in
this State that shall violate the provisions of any section of this act shall for
feit its right to do business in this State, and the attorney general of the
State shall, upon such violation coming to his knowledge, by information or
otherwise, institute proceedings in the proper court for the forfeiture of the
right of any such corporation to do business in this State.
S e c . 4240. When attorney general fails to prosecute.— I f the attorney general of
the State should fail, neglect or refuse to commence such actions as are provided
fo r in sections 5 [4230] and 6 [4231] of this act, after demand being made upon
the attorney general to institute such proceedings by any responsible person,
then any citizen of this State shall have the right to institute and maintain
such proceedings, upon giving bond for costs o f suit.
Sec . 4241. D istrict attorney.— The district attorney of any county shall prose
cute fo r any violation of this act in the same manner as he may be required by
la w to prosecute for the violation of other criminal acts, except as provided
in sections 5 [4230] and 6 [4231] of this act.
S e c . 4242. Act construed as to ditch companies, etc.— The provisions of this
act shall not be construed to prevent ditch, canal and reservoir companies
from contracting or issuing orders or warrants payable at future dates in law
fu l money o f the United States, for labor performed or services rendered fo r
it or to contract fo r and pay for the same in the capital stock of such com
panies, or water rights or privileges fo r water connected with the same.
Wages as preferred claims—In receiverships
S e c t io n s 4243-4245. Priority.— [A ll wages are preferred claims in case of
the transfer o f the business of an employer to a trustee or receiver, to be paid
from funds or from the proceeds of the sale of the property. Employees wish
ing to enforce this right must file statements of their claims within prescribed
periods. I f funds are not sufficient to pay claims they shall be prorated, but
prior mortgages fo r debts actually existing are not impaired.]
Minimum wages
S e c t io n s 4262-4283. Enactment.— [The legislature of 1917 enacted a mini
mum w age law for women and children, authorizing the industrial commis
sion of the State to make investigations and fix a wage that would supply the
necessary cost of living and maintain the health of employed women, and avoid
unreasonably low wages fo r minors. Standard conditions of labor and hours
o f employment were also within their power to determine. W age boards, hear
ings, etc., were contemplated. No adequate appropriation was ever made for
carrying out the provisions of the act, and while it has remained on the statute
books, it has never been operative.]
Free public employment offices
S e c t io n 4284. Agencies designated.— Free employment offices are hereby
created as follow s: One in each city of not less than twenty-five thousand
and two in each city containing a population of two hundred thousand or over
and one in the city of Grand Junction, in Mesa County, fo r the purpose o f
receiving applications of persons seeking employment, and applications of per
sons seeking to employ labor. Such offices shall be designated and known as,
Colorado free employment offices.
286
TEXT AND ABRIDGMENT OF LABOR LAWS
. S e c . 4285. Superintendents.— W ithin sixty days after this act shall have
been in force, the secretary o f state as commissioner of labor ex officio shall
appoint a superintendent and assistant superintendent who shall act as clerk
fo r each o f the offices created by section 1 [4284] o f this act, who shall devote
their entire time to the duties o f their respective offices. The tenure o f such ap
pointment shall be two years, unless sooner removed for cause. The salary o f
each superintendent shall be twelve hundred dollars ($1,200) per annum ; the
salary of each assistant superintendent shall be one thousand two hundred
dollars ($1,200) per annum, together with the proper amounts fo r defraying
the necessary cost of equipping and maintaining the respective offices.
S ec . 4286. Offices.— The superintendent o f each such free employment office
shall, within sixty days after appointment, open an office in such locality as
shall have been agreed upon between such superintendent and deputy com
missioner of the bureau o f labor statistics as being most appropriate fo r the
purpose intended, such office to be provided with a sufficient number of rooms
and apartments to enable him to provide, and he shall so provide, a separate
room or apartment for the use of women registering fo r situations or help.
Upon the outside o f each office in position and manner to secure the fullest
public attention shall be placed a sign which shall read in the English
language,. “ Colorado Free Employment Office,” and the same shall appear
either upon the outside windows or upon signs in such other language as the
location of each such office shall render advisable. The superintendent o f
each such free employment office shall receive and record in books kept fo r
that purpose names of all persons applying for employment or help, designat
ing opposite the names and addresses of each applicant the character of
employment or help desired. Separate registers for applicants for employment
shall be kept showing the age, sex, nativity, trade or occupation o f each appli
cant, the cause and duration of nonemployment, whether married or single,
the number o f dependent children, together with such other facts as may be
required by. the bureau o f labor statistics to be used by said bureau;
Provided , That no special registers shall be open to public inspection at any
time, and that statistics and sociological data as the bureau of labor shall
require shall be held in confidence by said bureau, and so published as not to
reveal the identity o f any one.
And, provided, further, That any applicant who shall decline to furnish
answers to the- questions contained in special registers shall not thereby fo r
feit any rights to any employment the office might secure.
S e c . 4287. Weekly reports.— Each superintendent shall report on Thursday
o f each week to the deputy commissioner o f the said bureau of labor statistics
the number of applications fo r positions and for help received during the
preceding week and the number of positions secured; also those unfilled appli
cations remaining on the books at the beginning of the week. It shall also
show the number and character of the positions secured during the preceding
week. Upon receipt of these lists and riot later than Saturday of each week
the deputy commissioner of said bureau o f labor statistics shall cause to be
printed a sheet showing separately and in combination, the lists received from
all such free employment offices.
S e c . 4288. Advertising , etc.— It shall be the duty of each such superintendent
of a free employment office to immediately put himself in communication
with the principal manufacturers, merchants, and other employers o f labor,
and to use all diligence in securing the cooperation of the said employers o f
labor for the purposes and objects o f said employment offices. To this end it
shall be competent for such superintendents to advertise in the columns of
newspapers or other medium for- such situations as he has applicants to fill,
and he may advertise in a general w ay for the cooperation of large contractors
and employers in such trade journals or special publications as reach such
employers, whether such trade or special journals are published within the
State of Colorado or not.
S e c . 4289. Annual reports.— It shall be the duty of each such superintendent
to make report to the said bureau of labor statistics annually, not later than
December 1 of each year, concerning the work of his office for the year, to
gether with a statement o f the expense of the same, including the charges of
an interpreter when necessary, and such report shall be published by the said
bureau of labor statistics with its biennial report. Each such superintendent
shall also perform such other duties in the collection of statistics of labor as
the deputy commissioner of the bureau of labor statistics may require.
COLORADO— C O M PIL ED L A W S— 1921
237
Sec . 4290. No fees to be charged.-1-N o fee or compensation shall be charged
or received, directly or indirectly, from persons applying for employment or
help through said free employment offices and any superintendent, assistant
superintendent or clerk, who shall accept, directly or indirectly, any fee or
compensation from any applicant, or from his or her representative, shall be
deemed guilty of a misdemeanor and upon conviction shall be fined not less
than twenty-five (25) dollars nor more than fifty (50) dollars, or imprison
ment in the county ja il not more than thirty days, or by both such fine and
imprisonment at the discretion of the court.
S e c . 4291. Definitions.— The term “ applicant for employment,” as used in
this act, shall be construed to mean any person seeking work of any law fu l
character, and “ applicant for help ” shall mean any person or persons seeking
help in any legitimate enterprise; and nothing in this act shall be construed
to limit the meaning of the term “ w o r k ” to manual occupation, but it shall
include professional services and all other legitimate services.
Sec . 4292. Receipts.— A ll money or moneys received from fees and fines by
the said deputy commissioner of labor shall constitute a fund for the purpose
of enforcing the provisions of this act, and the said commissioner shall, at
the end of each fiscal year, make an account of said fund and pay into the
State treasury whatever balance shall remain after paying the necessary dis
bursements for the purpose of enforcing the provisions of this a ct
S e c . 4293. Maintenance.-—M l printing, blanks, blank books, stationery,
postage, and such other supplies as may be necessary for the proper conduct
of the business of the offices herein created, shall be furnished by the secretary
of state upon requisition for the same by the superintendents of the several
offices.
S e c . 4294. Same.— A ll expenses attendant upon the conducting o f the Several
offices herein named shall be paid by the State: Provided , Such expense shall
not exceed the sum o f two thousand (2,000) dollars in any one year; and the
State auditor is hereby authorized to draw his warrant on the State treasurer
fo r the same.
Private employment offices
S e c t io n 4295. Licenses, register.— [N o private employment agency may be
operated without a license, for which an annual fee of from $10 to $50 must
be paid, according to the population of the locality. A penal bond to secure
compliance with the law and protect patrons is also required, in the amount
of $1,000.
Registers must be kept, giving the name and address of all applicants fo r
employment and for help, the same to be open to official inspection at all
reasonable hours.]
S e c . 4296. Acts forbidden; fees.— [Agencies are forbidden to send any female
to any place of immoral resort or bad repute, or to publish false or fraudulent
advertisements, or to make false entries in the registers kept
Fees for filing applications for employment may not exceed $1. for laborers,
domestic servants, etc., or $2 for professional positions. Receipts must be
given in all cases. I f no place is obtained within 5 days after registration,
the fee must, on demand within 30 days, be returned in fu ll.]
S e c . 4297. Definition.— [Private employment agencies include all persons,
etc., offering by sign, advertisement, etc., to procure employment for another,
whether any fee is charged or not; but charitable organizations are not
included.]
S e c . 4298. Fees and fines.— [Fees and fines go to a fund to secure enforce
ment of this law, balance to State treasury.]
S e c . 4299. Enforcement.— [Violations are punishable by fines, $100 to $200,
or imprisonment not over 6 months, or both. The deputy commissioner of labor
is charged with the enforcement of the act.]
N ote .—The foregoing sections 4295-4299, inclusive, were enacted in 1909, ck. 164.
The concluding section repealed ** all acts and parts of acts in conflict herewith.” How
ever, the commission that prepared the Compiled Laws of 1921 reproduced (secs. 43004312) an act of 1891 (pp. 188-192), which contained a requirement for a license from
the city or town where the agency is located, fixing a fee of not over $100 per annum:
also the fee to be charged, for males not over 5 per cent of one month’s wages ana
board, and for females not over 3 per cent. Dividing fees is forbidden. Other provi
sions cover the same points as those of the act of 1909.
238
T E X T A N D A B R ID G M E N T O F LABO R L A W S
Inspection and regulation of factories^ etc*
S e c t io n 4818. Department of factory inspection.— There is hereby estab
lished, a separate and distinct department to be known as the department of
factory inspection o f the State o f Colorado, which department shall be charged,
w ith the inspection of a ll factories, mills, workshops, bakeries, laundries,
stores, ♦ * * boarding or bunk houses, or any kind of an establishment
wherein laborers are employed, or machinery used, fo r the purpose o f protect
ing said employees * * * against damages arising from imperfect or
dangerous machinery, or hazardous and unhealthy occupation. * * *
The deputy labor commissioner o f the State o f Colorado sh alLbe the chief
factory inspector under this act; and said chief inspector within five days
after the passage o f this act, shall recommend, and the secretary o f state
shall appoint four deputy factory inspectors, one whom shall be a woman,
and each of said deputy factory inspectors shall receive a salary o f twelve
hundred dollars ($1,200) per annum with necessary traveling expenses, but
said expenses shall in no case exceed the sum o f twelve hundred dollars
($1,200) per annum fo r each deputy factory inspector. * * *
Provided, That the deputy labor commissioner, being chief factory inspector,
shall recommend and the secretary of state appoint a clerk with a salary o f
twelve hundred dollars ($1,200) per annum. And be it provided,, That a
stenographer shall be recommended by the deputy labor commissioner and the
chief factory inspector, and appointed by the secretary o f state, with a salary
o f twelve hundred dollars ($1,200) per annum; the said appointees shall
receive their said salaries upon vouchers issued by the chief factory inspector
and paid in the same manner as other State officers o f the State o f Colorado
are paJUl; And be it further provided, That a fund not to exceed five hundred
dollars ($500) per annum shall be appropriated in this bill for the purpose of
paying for printing, stationery, postage, and such other supplies and equipment
a s are necessary in the office of the chief factory inspector; and to provide
fo r any expenses through arbitration as provided in section 7 [4819] of this act.
S e c . 4814. Guards for dangerous machinery.— That any person, firm, corpora
tion or association operating a factory, mill, workshop, bakery, laundry, store,
hotel or any kind of an establishment wherein laborers are employed, or
machinery used shall provide and maintain in use belt shifters or other me
chanical contrivance for the purpose o f throwing on or off belts or pulleys
while running, where the same are practicable with due regard to the nature
and purpose o f said belts and the dangers to employees therefrom ; also rea
sonable safeguards fo r all vats, pans, trimmers, cut-offs, gang edger and other
saws, planers, cogs, gearings, beltings, shafting, coupling, set Screws, line roll
ers, conveyors, manglers in laundries, and machinery of other or sim ilar de
scription, which it is practicable to guard, and which can be effectively
guarded with due regard to the ordinary use o f such machinery and appliances,
and the dangers to employees therefrom, and with which the employees o f any
such factory, mill, or workshop are liable to come in contact while in the
performance o f their duties; and i f any machinery, or any p art thereof, is in
a defective condition, and its operation would be extrahazardous because o f
such defect, or i f any machinery is not safeguarded as provided in this act,
the use thereof is prohibited, and a notice to that effect shall be attached
thereto by the employer immediately upon receiving notice of such defect or
lack o f safeguard, and such notice shall not be removed until said defect has
been remedied or the machine safeguarded as herein provided.
S e c . 4315. Ventilation.— That any person, firm, corporation or association
operating a factory, mill, workshop, bakery, laundry, store, hotel, or any kind
o f an establishment wherein laborers are employed, or machinery used and
manual labor is exercised by the w ay of trade fo r the purpose of gain within
an enclosed room (private houses in which the employees live excepted) shall
be provided in each workroom thereof with good sufficient ventilation and
kept in a clean and sanitary state, and shall be so ventilated as to render
harmless, so fa r as practicable, all gases, vapors, dust or other impurities,
generated in the course o f the manufacturing or laboring process carried on
therein; and if any factory, mill, workshop, bakery, laundry, store, hotel, or
any kind of an establishment wherein laborers are employed or machinery used
in any enclosed rooms thereof by which dust is generated and inhaled to an
injurious extent by the persons employed therein, conveyors, receptacles or
exhaust fans, or other mechanical means shall be provided and maintained
for the purpose o f carrying off or receiving and collecting such dust
COLORADO— COMPILED LAWS— 1981
239
S e c . 4316. Hoistways, etc.— The openings o f all hoistways, hatchways, ele
vators and wellholes and stairways in factories, mills, workshops, bakeries,
laundries, stores, hotels, or any kind o f an establishment wherein laborers are
employed, or machinery used, shall be protected by good and sufficient trap
doors, hatches, fences, gates, or other safeguards, and all due diligence shall
be used to keep all such means o f protection closed, except when it is neces
sary to have the same opened that the same may be used.
S e c . 4317. Inspection.— It shall be the duty o f the chief factory inspector, by
himself or his duly appointed deputy, to examine as soon as may be after the
passage of this act, and thereafter annually, and from time to time, all fac
tories, mills, workshops, bakeries, stores, hotels, or any kind o f an establish
ment wherein laborers are employed or machinery used or appliances therein
contained to which the provisions of this act are applicable, and for the pur
pose of determining whether they do conform to such provisions and to grant
ing or refusing certificates of approval, as hereinafter provided.
S e c . 4318. Notice by employees.— Any employee of any person, firm, corpora
tion or association operating a factory, mill, workshop, bakery, laundry, store,
hotel or any kind of an establishment wherein laborers are employed o r ma
chinery used shall notify his employer of any defect in, or failure to guard
the machinery, appliances, ways, works, or plants, on which or in or about
which he is working, when any such defect or failure to guard shall come to
the knowledge o f any said employee, and if such employer shall fail to remedy
such defect then said employee may complain in writing to the chief factory
inspector of any such alleged defect in or failure to guard the machinery, ap
pliances, ways, works, and plants, or any alleged violation by such person, firm,
corporation, or association, o f any of the provisions of this act, in the ma
chinery and appliances and premises used by such person, firm, corporation,
or association and with or about which said employee is working and upon
receiving such complaint it shall be the duty of the chief factory inspector,
. by himself or his deputy, to forthwith make an inspection of the machinery
and appliances complained of.
S e c . 4319. Certificates of inspection.— Whenever upon any examination or re
examination of any factory, mill, workship bakery, laundry, store, hotel, or
any kind o f an establishment wherein laborers are employed, or machinery used
to which the provisions of this act are applicable, the property so examined
and the machinery and appliances therein conform in the judgment of said chief
factory inspector to the requirements of this act, he shall thereupon issue to
the owner, lessee, or operator of any such storehouse, factory, mill, workshop,
bakery, laundry, hotel, or any kind of an establishment wherein laborers are
employed or machinery used a certificate to that effect, and such certificate
shall be prima facie evidence as long as it continues in force of compliance on
part of the person, firm, corporation or association to whom it is issued, with
the provisions of this act. Such certificate may be revoked by said chief factory
inspector at any time upon written notice to the person, firm, corporation, or
association holding the same whenever in his opinion after reexamination, con
dition and circumstances have so changed as to justify the revocation thereof.
A copy of said certificate shall be kept posted in a conspicuous place on every
floor of all factories, mills, workshops, bakeries, laundries, stores, hotels, or
any kind of an establishment wherein laborers are employed or machinery used
to which the provisions of this act are applicable. If, in the judgment of the
said chief factory inspector, such factory, mill, workshop, bakery, laundry,
store, hotel, or any kind of an establishment wherein laborers are employed
or machinery is used does not conform to the requirements of this act he
shall forthwith personally or by mail serve on the person, firm, corporation,
or association operating or using such machinery or appliances or occupying
such premises a written statement of the requirements of said chief factory
inspector, before he will issue a certificate as hereinbefore provided fo r ; and
upon said requirements being complied with within a period of thirty days after
said written statement has been served as aforesaid the said chief factory
inspector shall forthwith issue such certificate; but if the person, firm, or cor
poration operating or using said machinery and appliances or occupying such
premises shall consider the requirements of said chief factory inspector un
reasonable and impracticable or unnecessarily expensive, he may within ten
days after the requirements of said chief factory inspector have been served
upon him, appeal therefrom or from any part thereof to three arbitrators to
whom shall be submitted the matters and things in dispute, and their findings
shall be binding upon said applicant and upon the chief factory inspector.
240
TEXT AND ABRIDGMENT OF LABOR LAWS
Such appeal shall be in writing, addressed to the chief factory inspector and
shall set forth the objections to his requirements, or any part thereof, and shall
mention the name of one' person who w ill serve as a representative of said
applicant calling for arbitration. Immediately upon the receipt o f such notice
o f appeal, it shall be the duty of the chief factory inspector to appoint a
competent person as arbitrator resident in the county from which such appeal
comes, and to notify such person so selected, and also the party appealing,
stating the cause of the arbitration, and the place, date, and time of meeting.
These two arbitrators shall select the third within five days and within ten
days thereafter, give a hearing on the matters of said appeal, and the finding
o f those arbitrators by a majority vote shall be reported to the chief factory
inspector and to the applicant and shall be binding upon each. The expense
o f such arbitration shall be borne by the party calling for the arbitration; and
i f said arbitrators sustain the requirements of said chief factory inspector
or any part thereof, said applicant shall within thirty days comply with the
findings of said arbitrators, and thereupon said chief factory inspector shall
issue a certificate as hereinbefore provided (in section 5 [4317] of this a c t ) ;
but if said arbitrators shall sustain such appeal or any part thereof, the same
shall be binding upon said chief factory inspector and any such person, firm,
corporation, or association shall within thirty days after the finding of the
board of arbitrators, comply with the requirements of the chief factory in
spector, as amended by said arbitrators, i f so amended as herein provided for,
and thereupon said chief factory inspector shall forthwith issue to any such
person, firm, corporation, or association, his certificate as provided fo r in section
five [4317] of this act: Provided, That in case such arbitrators shall decide
against such chief factory inspector, the cost of such arbitration shall be paid
out o f the funds fo r such pui*poses. In case the chief factory inspector is
sustained in part by the arbitrators, the cost of the arbitration shall be
divided equitably, in proportion to that decision, the appellant paying such
share as the arbitrators may deem fair, the rest to be paid out of said fund.
S e c . 4320. Provisions in case of fire.— In all factories, mills, workshops,
offices, bakeries, laundries, stores, hotels, or any other buildings in which people
are employed at manual or other labor, proper and sufficient means of escape
in case of fire shall be provided by more than one w ay o f egress, and such
means of escape shall at all times be kept free from any obstruction; in good
repair and ready fo r use; and at night, or where lights are necessary in the
daytime, a red light shall be provided with the words inscribed thereon “ Fire
escape.” A ll doors leading into or to such factories, workshops, offices, bakeries,
mills, laundries, stores, hotels, or other buildings in which people are em
ployed at manual or other labor, shall be so constructed as to open outward
when practicable, and shall not be locked, bolted or fastened during working
hours as to prevent free egress. Proper and substantial handrails shall be
provided on all stairways and in factories, hotels, mills and workshops and
other buildings where people are employed at manual or other labor. And in
all factories, laundries, mills and workshops in which females are employed the
stairs regularly used by them shall be properly screened at the sides and bot
tom. And be it further provided, That hotels, boarding or bunk houses o f more
than one story shall have a hemp rope in each room of not less than threequarters ( % ) inch in thickness, the same to be firmly attached to w all in such
manner that it may be thrown out o f the window instantly to allow persons in
case o f fire, etc., to descend to the ground. The rope must have a knot tied in
it at spaces of not more than eighteen (18) inches ap art; the ropes to be placed
in every room above the second floor: Provided, That any rope, ladder or de
vice for the protection of guests may be used upon approval by the chief fac
tory inspector.
S e c . 4321. F ire escapes.— [Buildings not supplied with means o f escape from
fire as required by the preceding section* must, on notice by an inspector, be
equipped with one or more fire escapes o f prescribed type and dimensions*
within 30 days from the receipt of the order.]
S e c . 4322. Water-closets, etc.— [Buildings in which four or more people are
employed must furnish water-closets, etc., o f reasonable access, separate for
the sexes, properly equipped and cared for. I f the employment is such as to
make it desirable or necessary for employees to change their clothing, wholly
or in part, separate dressing rooms shall be provided for women and girls,
whenever so required by the factory inspector. Occupants must make the
changes .ordered by a factory inspector, and may bring action against the
owner of the building fo r an equitable adjustment of costs.]
COLORADO— COMPILED LAWS— 1921
241
S e c . 4323. Damages.— In all actions brought to recover damages far personal
injuries or death caused by reason of the violation of any of the provisions o f
this act, it shall be sufficient for the plaintiff to prove in the first instance, in
order to establish the liability of the defendant, that the death or injury com
plained of resulted in consequence of the failure of the person owning or
operating the manufacturing establishment where such death, or injury oc
curred to provide said establishment with safeguards as required by this act, or
that the failure to provide such safeguards directly contributed to such death
or injury.
Manufacturing establishments, as those words are used in this act, shall
mean and include all smelters, oil refineries, cement works, mills of every kind,
machine and repair shops, and in addition to the foregoing, any other kind or
character of manufacturing establishment, of any nature or description w h a t -.
soever, wherein any natural product or other articles or materials o f any kind,
in a raw or unfinished or incomplete state or condition, are converted into a
new or improved or different form.
Wherever the expression occurs in this act in substantially the following
w ords: “Every person owning or operating any manufacturing establishment,**
or where language similar to that is used, the word “person” in that con
nection shall be held and construed to mean any person or persons, partner
ship, corporation, receiver, trust, trustee, or any other person or combination
o f persons, either natural or artificial, by whatever name he or they may b e ,
called.
S e c . 4324. Powders of factory inspector.— The chief factory inspector or any
employee of the department of factory inspection shall have power to enter
any factory, mill, workshop, office, bakery, laundry, store, hotel, or any public
or private works where labor is employed or machinery used. A ny person,
persons, firm, copartnership, corporation, trust, trustee, their agent, or agents,
who shall refuse to allow an inspector or employee of the said department to
enter or who shall violate any of the provisions of this act shall be deemed
guilty of a misdemeanor, and upon conviction thereof before any court o f
competent jurisdiction shall be punished by a fine o f not less than fifty ($50)
dollars nor more than one hundred ($100) dollars or be imprisoned in the
county ja il not to exceed ninety (90) days fo r each and every offense.
Industrial commission—Law enforcement—Labor disputes
S e c t io n 4325. Commission.— The term “ commission” when used in this act
shall mean the “ Industrial Commission of Colorado.”
S e c . 4326. Commissioner.— The term “ commissioner” when used in this
act shall mean one of the members o f the commission.
S e c . 4327. Use of words.— Unless the context otherwise requires, a word
used in this act in the singular number shall also include the p lu ra l; and &
word used in this act in the masculine gender shall also include the feminine.
S e c . 4328. Construction of terms.— The following terms as used in this act,
shall be construed and have the following meaning, unless otherwise specifi
cally defined in the context:
( a ) The term “ place of employment” shall mean and include every place
whether indoors or outdoors or underground, and the premises, work places,
works and plants appertaining thereto or used in connection therewith, where
either temporarily or permanently and [a n y ] industry, trade or business is
carried on, or where any process or operation directly or indirectly relating to
any industry, trade or business is carried on, or where any person is directly or
indirectly employed by another fo r direct or indirect gain or profit, except as
otherwise expressly provided in this act.
(b ) The term “ employment” shall mean and include any trade, occupation,
job or position or process of manufacture or any method of carrying on any
such trade, occupation, job or position, or process of manufacture in which
any person may be engaged, except as otherwise expressly provided in this
act.
(c ) The term “ employer” shall mean and include:
1. The State, and each county, city, town, irrigation and school district
therein, and all public institutions and administrative boards thereof having
four or more employees.
2. Every person, association of persons, firm and private corporation (in
cluding any public service corporation), manager, personal representative,
assignee, trustee, and receiver, who has four (4 ) or more persons regularly
105446°— 25----- 16
242
TEXT AND ABRIDGMENT OF LABOR LAWS
engaged in the same business op employment, (except as otherwise ex
pressly provided in this act), in service under any contract of hire, expressed
or implied.
3.
This act is not intended to apply to employers o f private domestic
servants or farm and ranch la b o r; nor to employers who employ less than four
employees regularly in the same business, or in or about the same place of
employment
(d ) The term “ employee” shall mean and include every person in the
service of an “ em ployer” as herein defined, under any contract o f hire, ex
press or implied, not including an elective official o f the State, or o f any
county, city, town, irrigation, drainage, or school district thereof, and not
including any officers or enlisted men of the national guard o f the State o f
Colorado.
(e ) The term “ o rd e r” shall mean and include any decision, rule, regu
lation, direction, requirement or standard o f the commission, or any other
determination arrived at or decision made by such commission.
{/ ) The term “ general o rd e r” shall mean and include such order o f the
commission a s applies generally throughout the State to all persons, employ
ments, or places o f employment, under the jurisdiction of the commission.
A ll other orders o f the commission shall be considered special orders.
(g ) The term “ local o rd e r” shall mean and include any ordinance, order,
rule or determination of any common council, board o f aldermen, board of
supervisors, board o f trustees, or board of commissioners, of any county,
town, city, or city and county operating under any general or special la w
o f this State, or o f the board of health o f the State or any municipality
therein, or any order o r direction of any official o f the State or municipality
therein.
(h ) The term “ deputy” shall mean and include any person employed
by the commission designated as such deputy by the commission, and who may
be engaged in the performance o f duties under the direction o f the commission.
<i) The term “ s a fe ” or “ safety ” as applied to an employment or place
o f employment shall mean such freedom from danger to the life, health, and
safety o f employees and such reasonable means of notification, egress, and
escape in case o f catastrophe, as the nature of the employment w ill reasonably
perm it
S e c . 4 3 2 9 . Commission created.— There is hereby created a board which shall
be known as the “Industrial Commission o f Colorado.” W ithin thirty days
after the passage o f this act the governor, by and with the consent of the
senate, shall appoint one member whose term o f office shall expire March
1 , 1 9 1 7 , a second member whose term of office shall expire March 1 , 1 9 1 9 , and a
third member whose term o f office shall expire M arch 1 , 1 9 2 1 . Upon the
expiration of each appointment, the governor shall appoint members of the
commission, by and with the advice and consent of the senate, fo r terms o f
six years each. Vacancies shall be filled in the same manner fo r unexpired
terms. Not more than two of the commissioners shall be members of the
same political party.
Not more than one of the appointees to such commission
shall be a person who, on account of his previous vocation, employment o r
affiliations, can be classed as a representative of employers, and not more
than one o f said appointees shall be a person who, on account o f his previous
vocation, employment, or affiliations can be classed as a representative o f
employees.
Each member o f the commission, before entering upon the duties o f his office,
shall take the oath prescribed by the constitution, and shall give good and
sufficient bond running to the people of the State o f Colorado, in the penal
sum o f ten thousand dollars, conditioned that he shall faithfully discharge the
duties o f his office and shall account fo r and pay over to the person entitled
thereto such moneys as shall come into his possession; said bond shall be
signed by a surety company duly authorized to do business in this State, or
by two o r more individuals as surely or sureties and shall be subject to ap
proval by the governor and shall then be filed with the secretary o f State.
I f surety company bonds shall be furnished, the premium therefor shall be
paid by the State as other expenses o f the commission are paid. In case o f a
vacancy, the remaining two members o f the commission shall exercise ail the
powers and authority o f the commission until such vacancy is filled. Each
member of the commission shall receive an annual salary of four thousand
dollars, and actual expenses necessarily incurred in the performance o f his
duties, which shall be in fu ll for all services performed. The commissioners
shall devote their entire time to the duties o f their office^
CQLQftABO— COMPILES LAWS— lm
24 3
A m ajority o f said commissioners shall constitute a quorum to transact
business and fo r the exercise o f any of the powers or authority conferred by
this act.
S e c . 4330. Employees.— The commission shall have power, with the approval
o f the governor subject to the provisions of the civil service laws of this State,
to employ during its pleasure such deputies, experts, statisticians, accountants,
actuaries, inspectors, clerks and other employees as it may deem necessary to
carry out the provisions of this act, or to perform the duties and exercise the
powers conferred by law upon the commission. A ll employees, except experts
and actuaries, shall have been fo r one year prior to such employment or
appointment bona fide residents of the State of Colorado and, except experts
and actuaries, shall, while in the employ of the commission, devote their entire
time to their duties. A ll employees of the commission shall receive such com
pensation as may be fixed by the commission; such compensation to be paid
monthly from funds appropriated for the use o f the commission. A ll expenses
incurred by the commisssion and its employees pursuant to the provisions of
this act shall be paid from funds appropriated fo r its use, upon the approval
of the commission: Provided, however, That the traveling expenses of any
member or members of the commission, or of any employee or employees there
of, incurred while on business of the commission outside the State of Colorado,
shall be paid in the manner aforesaid, but only when such expenses are, in
advance, authorized to be incurred by the commission and by the State audit
ing board.
S e c . 4331. T itle ; seal.— The commission shall be known collectively as the
“ Industrial Commission of Colorado ” and in that name may sue and be sued.
It shall have a seal upon which shall be inscribed the words “ Industrial Commission-Colorado-Seal.” Its seal shall be affixed to all orders, awards, proceed
ings, and copies thereof and to such other instruments as the commission
shall direct. A ll courts shall take judicial notice of said seal and any copy of
any record or proceeding of the commission certified under said seal shall be
received in all courts as evidence as if it were the original thereof.
S e c . 4332. Office, supplies, etc.— The commission shall keep its office at the
capitol and shall be provided by the board of capitol managers o r its successors
with suitable rooms. The commission is authorized to procure all necessary office
furniture, stationery, books, periodicals, maps, instruments, apparatus and appli
ances, and other necessary supplies and incur such other expenses as may be
actual and necessary, and the same shall be paid fo r in the same manner as
other expenses authorized by this act. The commission or a commissioner may
hold sessions at any place other than the capitol when the convenience o f the
commission or the parties interested' requires.
S e c . 4333. Organization.— W ithin thirty days after the passage of this act,
the commission shall meet at the capitol and organize in the manner herein
provided. It shall be the duty of the secretary to keep a full and correct record
o f all proceedings of the commission, to issue all necessary processes, writs,
warrants, orders, awards, and notices and to perform all other duties as the
commission may prescribe. H e shall also have supervision of the collection of
data, information concerning matters covered by the provisions of the act, and
make such reports thereon as the commission may direct.
The sessions of the commission shall be open to the public and shall stand
and be adjourned without further notice thereof on its record. A ll of the
proceedings of the commission shall be shown on its record, which shall be a
public record, and all voting shall be by the calling of each member's name by
the secretary, and each member's vote shall be recorded on the proceedings as
the same is cast.
S e c . 4334. Rules.— Subject to the provisions of this act, the commission may
adopt its own rules of procedure and may change the same from time to time
in its discretion.
S e c . 4335. Duties and powers.— It shall also be the duty o f the commission,
and it shall have the power, jurisdiction and authority:
( a ) To appoint advisers, who shall, without compensation, assist the com*
mission in the execution of its duties.
(b ) To inquire into and supervise the enforcement, as f a r as respects rela
tions between employer and employee, of the law s relating to child labor,
laundries, stores, factory inspection, employment of females, employment of
fices and bureaus, mining, both coal and metalliferous; fire escapes and means
of egress from places of employment and all other law s protecting the life,
health and safety of employees in employments and places o f employment
244
TEXT AND ABRIDGMENT OF LABOR LAWS
(c ) To investigate, ascertain, declare, and prescribe safety devices, safe
guards, or other means o r methods of protection best adapted to render safe
the employees o f every employment and place of employment, as may be re
quired by law.
(d ) To ascertain and fix such reasonable standards and to prescribe, mod
ify, and enforce such reasonable orders fo r the adoption o f safety devices, safe
guards, and other means or methods o f protection to be as nearly uniform
as possible, as may be necessary to carry out all law s relative to the protec
tion of the life, health, safety, and w elfare of employees in employments and
places of employment.
(e ) To ascertain, fix, and order such reasonable standards, rules, or regula
tions as provided by law, for the construction, repair, and maintenance o f
places o f employment, as shall render them safe.
; (f ) To adopt reasonable and proper rules and regulations relative to the
exercise of its powers and authorities and proper rules to govern its proceed
ings and to regulate the mode, and manner of investigations and hearings, and
to alter and amend said rules from time to time in its discretion; such rules
and regulations, amendments and alterations shall be effective ten days after
same are adopted and posted upon the bulletin board in the office o f said com
mission in the city of Denver, Colorado. A copy of such rules and regulations
shall be mailed or delivered personally to any person making application
therefor. The certificate of the secretary or any commissioner as to the post
ing of said notice shall be sufficient proof thereof in any. case.
(g ) To license and supervise private employment agencies; to supervise
State free employment agencies; to do all in its power to bring together em
ployers seeking employees, and working people seeking employment It shall
investigate the extent and causes of unemployment' in the State of Colorado
and the remedies therefor, and it shall devise and adopt the most efficient means
within its power to avoid unemployment, and to prevent involuntary idleness.
(h ) Any county, city, or town may enter into an agreement with the commis
sion for such period of time as may be deemed desirable for the purpose of
establishing and maintaining local free employment offices, and it shall be
law fu l for any county, city, or town to appropriate and expend the necessary
money and to permit the use of public property for the joint establishment and
maintenance of such offices as may be agreed upon.
( i) To collect, collate, and publish statistical and other information relating
to the work under its jurisdiction; annually, on or before the twentieth day of
December, to make a fu ll report to the governor covering its work during the
year preceding the first day o f said month of Decem ber; to make public re
ports in its judgement necessary.
U ) The commission shall cause to be printed, and, upon application, fu r
nished, free of charge, to any employer or employee, such blank forms as it
shall deem requisite to facilitate or promote the efficient administration of this
act; it shall provide such proper record books or records as it shall deem
required for the proper and efficient administration o f this act, all such records
to be kept in the office o f the commission. It shall also cause to be printed
in proper form for distribution to the public proper pamphlets showing its
orders, regulations, and rules of procedure, and shall furnish the same to
any person upon application therefor, and the fact that such orders, regula
tions, and rules of procedure are printed ready for distribution to all who
apply for the same, shall be a sufficient publication of the same as required
by this act
(fc) To administer and enforce all the provisions o f law relating to com
pensation for accidental injury to and death of employees.
S e c . 4 3 3 6 . Orders in effect.— A ll general orders shall be effective ten days
after the same are adopted by the commission and posted upon the bulletin
board of said commission in its offices in the city of Denver, Colorado.
Special orders shall take effect as therein directed.
The commission may, upon application of any person, grant such time, as
may be reasonably necessary for compliance with any order. Any person
may petition the commissioner for an extension of time which the commis
sion shall grant if it finds such an extension of time necessary.
A ll orders of the commission shall be valid and in force, and prima facie
reasonable and law fu l until they are found otherwise in an action brought fo r
that purpose, pursuant to the provisions of this act, or until altered or re
voked by the commission.
A substantial compliance with the requirements of this act, shall be sufficient
to give effect to the orders or aw ards of the commission and they shall not
COLORADO— COMPILED LAWS— 1921
245
be declared inoperative, illegal, or void for any omission of a technical na
ture in respect thereto.
S e c . 4337. Duty of employers.— Every employer shall exercise reasonable care
and comply fully with all the requirements of law respecting health and safety
and to furnish places of employment which shall be safe for employees therein
and to furnish and use safety devices and safeguards, and to adopt and use
methods and processes reasonably adequate to render such employment and
places of employment safe, and to do every other thing reasonably necessary
to protect the life, health, and safety of such employees. Every employer and
every owner o f a place o f employment now or hereafter constructed shall
exercise reasonable care to so construct, repair, or maintain such place of em
ployment as to render the same safe, in accordance with the statutes of this
State in such cases made and provided.
S e c . 4338. Unsafe places.— Whenever the commission shall learn, or upon
petition by any person be informed, that any employment or place of employ
ment is not safe, it shall proceed summarily with or without notice, to make
such investigation as may be necessary to determine the matter complained of,
in so fa r as the same may affect the provisions of this act.
A fter investigation, the commission shall call the attention of the commis
sioner o f labor, or other officer authorized to inspect and regulate same, and
shall order such changes as may be necessary to render such employment or
place of employment safe, and comply with the provisions of this act.
S e c . 4339. Power of commission to supervise.— The commission is vested with
the power and jurisdiction to have such supervision of every employment and
place of employment in this State as may be necessary adequately to ascertain
and. determine the conditions under which the employees labor, and the man
ner. and extent of the obedience by the employer to all laws and all law ful
orders requiring such employment and places of employment to be safe, and
requiring the protection of the life, health, and safety of every employee in
such employment or place o f employment, and to enforce all provisions of law
relating thereto; and is also vested with power and jurisdiction to ad
minister all provisions of this act with respect to the relations between em
ployer and employee and to do all other acts and things convenient and
necessary to accomplish the purposes of this act.
S e c . 4340. Duty of public officials.— It shall be the duty of all officers and
employees of the State, the counties and municipalities, upon request of the
commission to enforce in their respective departments, all law fu l orders of
the commission, in so fa r as the same may be applicable and consistent with
the general duties of such officers and employees; and it shall also be their
duty to make to such commission such reports as it may require concerning
matters within their knowledge appertaining to the purposes of this act, and
to furnish to it such facts, data, statistics, and information as may from
time to time come to them appertaining to the purposes of this act, and the
duties of such commission thereunder, and particularly all information coming
to their knowledge respecting the condition of all places of employment sub
ject to the provisions o f this act, as regards the health, protection, and safety
of employees, and the conditions under which they labor.
It shall be the duty of the labor statistician of the bureau of labor statistics
to collect, compile and report to the commission such data, facts, and infonnation as shall come to his department or to the commission concerning the
relations between employer and employee and relating in any w ay to the
provisions of this act.
S e c . 4341. Deputies.— For the purpose of making any investigation with
regard to any employment or place of employment, or other matter con
templated by the provisions of this act, the commission shall have power to
appoint, by an order in writing, any member of the commission, any deputy
or any other competent person as an agent whose duties shall be prescribed
in such order.
In the discharge of his duties such agent shall have every power whatsoever
fo r obtaining information granted in this act to the commission and all powers
granted by law to officers authorized to take depositions are hereby granted to
such agent.
. The commission may conduct any number of such investigations con
temporaneously through different agents, and may delegate to such agents
the taking o f all testimony bearing upon any investigation or hearing.
The decision of the commission shall be based upon its examination of all
testimony and records. The recommendations made by such agents shall be
246
T E S T A N D - ABRIDGMENT OF LABOR RAWS
advisory only and shall not preclude any further investigation, o r the taking
o f further testimony, i f the commission so order.
S e c . 4342. Inform ation to bo famished.— Every employer and employee shall
furnish the commission, upon request, all information required by it to ac
complish the purposes of this act, which information shall be furnished on
blanks to be prepared by the commission; and it shall be the duty of the
commission to furnish such blanks to such employer free, o f charge, upon
request therefor. Every employer receiving from the commission any blanks,
with directions to fill out the same, shall cause the same to be: properly
filled out so as to answer fully and correctly all questions therein pro
pounded, and to give all the information therein sought, or i f unable to do
so, he shall give in w riting good and sufficient reasons fo r such failure. The
commission may require that the information herein required to be furnished
b e verified under oath and returned to the commission within the period fixed
by it or by law . The commission or any person employed by it for that purpose,
shall have the right to examine, under oath, any employee or employer, or
the officer, agent o r employee thereof, fo r the purpose o f ascertaining any
information which such employer or employee is required by this act to
furnish to the commission. Any employer o r employee who shall fa il or
refuse to furnish such information as may be required by the commission
under authority o f this act, shall, i f an employer, be deemed guilty o f a
misdemeanor and shall be punished by a fine o f two hundred dollars, and if
an employee shall be deemed guilty o f a misdemeanor and shall be punished
by a fine of twenty-five dollars.
S e c . 4348. Inform ation to be confidential.— The information contained in the
reports provided fo r in the preceding section, and such other information as
may be furnished to the commission by employers and employees in pursuance
of the provisions' o f this act, shall be fo r the exclusive use and information
o f said commission in the discharge of its official duties and the commssion
may treat and file the said information o r any part thereof as confidential and
when so treated or filed; by the commission the same shall be considered as and.
be confidential information fo r the sole use of said commission and shall not
be open to the public nor be used in any court, in any action or proceeding
pending therein, unless the commission is a party to such: action or proceeding;
but the information contained in said report may be tabulated and published
by the commission in statistical form, fo r the use and information o f other
State departments and the public. A ny person in the employ o f the commission
who. shall divulge any such confidential information to any person other than
the commission, shall be punished by a fine of not more than one thousand
dollars ($1,000) and shall thereafter be disqualified from holding any appoint
ment or employment with any department under the State.
S e c . 4844. Entering work places.— The commission, or any member thereof,
and, on being authorized in writing by the commission, any other person, may,
without any other w arrant than this act, at any reasonable time, enter any
building, mine, mine workings, factory, workshop, place or premises of any
kind, wherein, or in respect o f which, any industry is carried on or any work
is being or has been done or commenced, or any matter or. thing is taking place,
which has been made the subject o f an investigation, hearing or arbitration
by the commission or the board, and inspect and. view any work, material, ma
chinery, appliance, o r article therein, and interrogate any persons in or upon
any such building, mine, mine workings, factory, workshop, place or premise
as aforesaid in respect of or in relation to any matter or thing hereinbefore
mentioned; and any person who shall hinder or obstruct the commission, or
any such person authorized as aforesaid, in the exercise of any power, con
ferred by this section, shall be guilty o f a misdemeanor and, upon; conviction
thereof, shall be punished by a fine o f not less than one hundred dollars, nor
more than one thousand dollars.
S e c . 4345. Booksf records, etc.— A ll books, records, and pay rolls o f employers,
showing or reflecting in any w ay upon the amount of w age expenditure o f
such employers, and other data, facts, and statistics appertaining to the pur
poses o f this act,, shall alw ays be open fo r inspection by the commission or
any o f its deputies or agents for the purpose of ascertaining the conditions o f
employment, and such other information as may be necessary fo r the uses and
purposes o f the commission in its administration o f the law.
Any employer, who shall refuse to exhibit to and furnish said commission or
any o f its employees or agents a n inspection o f any and all books, records*
and pay rolls o f such employer, showing or reflecting in any w ay upon the
COLORADO— COMPILED* LAWS— 1921
247
amount o f w age expenditure o f suck employers, and other data, facts, and sta
tistics appertaining to; the purposes of this, act or who shall refuse to admit
such commission or its agent to any place o f employment shall pay a penalty
of not less than $50 for each day that such failure, neglect, or refusal shall
continue.
S e c . 4346. Procedure*— Such commission, or persons by it duly designated,
shall not be hound by the usual common-law or statutory rules of evidence or
by any technical or formal rules of procedure, other than as herein or by the
rules of the commission provided; but may make such investigations in such
manner as in its judgment are best calculated to ascertain the substantial
rights of the parties and to carry out justly the spirit of this act.
S e c . 4347. Records.— A fu ll and complete record shall be kept of all pro
ceedings had before or under the order of the commission on any investigation
and all testimony shall be taken down by a stenographer appointed by the
commission.
A transcribed copy of the evidence and proceedings, or any specific part
thereof, of any investigation or hearing taken by a stenographer appointed by
the commission, being certified by such stenographer to be a true and correct
transcript of the testimony on the investigation or hearing of a particular
witness, or of a specific part thereof, carefully compared by him with his
original notes, and to be a correct statement of the evidence and proceedings
had on such investigation or hearing so purporting to be taken and subscribed,
may be received as evidence by the commission and by any court with the
same effect as if such stenographer were present and testified to the fact so
certified. A copy of such transcript * shall be furnished on demand to any
party upon the payment of ten cents per folio. Fees received from the sale
o f transcripts shall be applicable to the expenses of the commission in addition
to all sums which may be appropriated for its use.
S e c . 4348. Depositions.— The commission or any party may in any investiga
tion cause the depositions of witnesses residing within or without the State
to be taken in the manner prescribed by law for like depositions in civil actions
in district courts. A ll such depositions shall be taken upon commission issued
by the commission and shall be taken in accordance with the laws and rules of
court covering depositions in civil cases in the district courts of this State.
S e c . 4349. Disobedience.— In case of failure or refusal of any person to
comply with the order o f the commission or subpoena issued by it or its
agents, or on the refusal of a witness to testify to any matter regarding which
he may be law fully interrogated, or refusal to permit an inspection as pro
vided in this act, the judge of the district court for the county in which the
person resides or of the county in which said person has been ordered to ap
pear and testify before said commission, on application of the commission or
any person appointed by it, shall compel obedience by attachment proceedings
as in case of disobedience o f the requirements of subpoena issued from such
district court or on a refusal to testify therein. Any person serving a sub
poena or order shall receive the same fees as a sheriff for like service. Such sub
poena or order may be served by any officer duly authorized to subpoena wit
nesses, or by any person designated by the commission fo r such purpose, and
proof o f the serving of such subpoena or order shall be by the return of such
person or officer endorsed thereon or attached thereto, and each witness who
appears in answer to a subpoena before the commission or its agent shall if
so ordered by the commission receive for his attendance the fees and mileage
provided fo r in civil cases in the district court in the county where such wit
ness attends which shall be paid in the same manner as other expenses of the
commission are paid.
No witness subpoenaed at the instance of a party other than the commission
or its agent shall be entitled to compensation unless the commission in its
discretion shall so order.
S e c . 4350. General duties.— The commission shall inquire into the general
condition of labor in the principal industries in the State of Colorado and es
pecially in those which are carried on in corporate form s; into existing rela
tions between employers and employees; into the effect of industrial conditions
on public w elfare and into the rights and powers of the community to deal
therewith; into the conditions of sanitation and safety of employees and the
provisions for protecting the life, limb, and health of the employees; into rela
tions existing between lessees o f State lands and the State, as to production and
royalties or rentals paid, and into the relations between said lessees and their
employees with respect to wages paid and conditions of la b o r; into the growth
248
TEXT AND ABRIDGMENT OF LABOR LAWS
of associations of employers and of w age earners and -the, effect o f such asso
ciations upon the relations between employers and employees; into the extent
and results o f methods o f collective bargain ing; into any methods which have
been tried in any State or in foreign countries fo r maintaining mutually satis
factory relations between employees and employers; into methods o f avoiding
or adjusting labor disputes through peaceable and conciliatory mediation and
negotiations; into the scope, methods, and resources o f existing bureaus of
labor and into possible ways of increasing their efficiency and usefulness. The
commission shall seek to discover the underlying causes of dissatisfaction in
the industrial situation and take all necessary means and methods within the
powers of such commission as provided by law, to alleviate the same, and to
report from time to time to the general assembly such remedial legislation as
in the judgment of the commission may be advisable, with their recommenda
tions thereon.
'Sec. 4351. Arbitration , etc.— The commission shall do all in its power to
promote the voluntary arbitration, mediation and conciliation of disputes be
tween employers and employees, and to avoid the necessity of resorting to
strikes, lockouts, boycotts, blacklists, discriminations and legal proceedings in
matters o f employment In pursuance of this duty it may appoint temporary
boards of arbitration, provide necessary expenses of such boards, order reason
able compensation not exceeding ten dollars per day fo r each member engaged
in such arbitration, prescribe rules of procedure fo r such arbitration boards,
conduct investigations and hearings, publish reports and advertisements, and
do all other acts and things convenient or necessary to accomplish the purposes
directed in this section.
A ny investigation, inquiry or hearing may be undertaken or held by or before
any commissioner, deputy, agent, or board of arbitration, or committee desig
nated for that purpose by the commission, and every finding, order, aw ard or
decision made by those so designated, pursuant to such investigation, inquiry
or hearing, when approved and confirmed .by the commission, shall be and be
deemed to be the finding, order, award or decision of the commission.
S e c . 4352. Powers.— For the purpose of such investigations, hearings or
arbitrations, the commission, or any arbitration board appointed by the com
mission, shall have all the powers of summoning before it, and enforcing the
attendance of witnesses, of administering oaths, and of requiring witnesses to
give evidence on oath, or on solemn affirmation, and to produce such books,
papers or other documents or things as the commission, or the board, deems
requisite to the full investigation of the matters into which it is inquiring, as
is vested in any court o f record in civil cases.
A ny members of the commission, or the board, may administer on oath, and
the commission, or the board, may accept, admit and call fo r such evidence as
in equity and good conscience it thinks fit, whether strictly legal evidence or
not. Any party to the proceedings shall be competent and may be compelled
to give evidence as a witness.
S e c . 4353. Jurisdiction as to disputes.— The industrial commission shall have
jurisdiction of every dispute between employer and employee affecting condi
tions of employment, or with respect to wages or hours, and such jurisdiction
shall continue until after final hearing of such dispute and the entry of final
aw ard therein, or until said commission shall enter an order disposing of or
terminating such jurisdiction. The relation of the employer and employee
shall continue uninterrupted by the dispute or anything arising out of the
dispute until the final determination thereof by said commission, and neither
the employer nor any of the employees affected by any such dispute shall alter
the conditions of employment with respect to wages or hours or any other
condition of said employment; neither shall they nor any of them on account
of such dispute do or be concerned in doing directly or indirectly anything in
the nature of a lockout or strike or suspension or discontinuance of work or
employment.
Employers and employees shall give to the industrial commission and the
one to the other at least thirty days’ prior written notice of an intended change
affecting conditions of employment or with respect to wages or hours.
Notice by the employer to his employees shall be given by posting and keep
ing posted copies of such written notice in and about the several places e f
employment in conspicuous places and in a sufficient number o f places fr e
quented by employees as to reasonably notify such employees. Notice from
employees to employer shall be given by serving a copy of such notice upon
said employer in the same manner as summons is served in a civil action in a
COLORADO— COMPILED LAWS— 1921
2 49 ,
court o f record or by mailing a copy thereof by prepaid mail to such employer
at his business address in this State.
Such notice by an employer shall be signed by said employer or some officer
o f such employer, if a corporation, and notice by said employees shall be signed
by said employees or members of a committee of said employees authorized
fo r such purpose.
Notice on said commission may be served by delivering a copy of such notice
personally to the secretary or any member of said commission, or by prepaid
mail delivered to the office of said commission in Denver, Colorado.
Such notice shall set forth the facts, issues or demands involved in the con
troversy or dispute, and each party to such dispute shall from time to time
furnish the commission such information within the time and as may be re
quested by said commission.
I f either party uses this or any other provision of this act fo r the purpose
o f unjustly maintaining a given condition of affairs through delay, such parties
shall be guilty of a misdemeanor, and upon conviction thereof shall be pun
ished by a fine of not more than $100.
The commission shall proceed with reasonable diligence in hearing all dis
putes and shall render a final aw ard or decision therein without unnecessary
delay.
S e c . 4354 (a s amended 1923, ch. 199). Lockouts and strikes unlaxoful,
when.— It shall be unlawful for any employer to declare or cause a lockout, or
for any employee to go on strike, on account of any dispute prior to or during
an investigation, hearing, or arbitration of such dispute by the commission, or
the board, under the provisions of this a c t: Provided , That nothing in this act
shall prohibit the suspension or discontinuance of any industry or o f the
working of any persons therein for any cause not constituting a lockout or
strike, or to prohibit the suspension or discontinuance of any industry or of
the working of any persons therein, which industry is not affected with a
public interest: Provided , further, That nothing in this act shall be held to
restrain any employer from declaring a lockout, or any employee from going
on strike in respect to any dispute after the same has been duly investigated,
heard, or arbitrated, under the provisions of this act.
S e c . 4 3 5 5 . Parties may act.— N o t h i n g i n s e c t i o n s 2 9 [ 4 3 5 3 ] a n d 3 0 [ 4 3 5 4 ] o f
t h is a c t s h a ll b e c o n s t r u e d t o m a k e a n y fin d in g s , d e t e r m in a t io n o f t h e r ig h t s o f
t h e p a r tie s , d e c is io n o r a w a r d o f s a id c o m m is s io n o r o f a n y b o a r d o f a r b itr a tio n
a p p o in te d th e r e b y u p o n t h e f a c t s o f a n y s u c h in d u s t r ia l d is p u te , b in d in g , c o n
c lu s iv e , o r e n fo r c e a b le u p o n a n y o f th e p a r tie s th e r e to , o r a ffe c te d th e r e b y ,
n o r b e h e ld to r e s tr a in a n y e m p lo y e r fr o m d e c la r in g a lo c k o u t, n o r a n y e m
p lo y e e fr o m g o in g o n s t r ik e , in r e s p e c t t o a n y d is p u te , a f t e r t h e s a m e h a s b e e n
d u ly in v e s t ig a t e d a n d t h e fin d in g s , o r d e r , o r a w a r d o f t h e c o m m is s io n m a d e
th e r e o n u n d e r th e p r o v is io n s o f t h is a c t, u n le s s s u c h p a r tie s h a v e in w r it in g
a g r e e d to a c c e p t a n d b e b o u n d b y t h e t e r m s o f s u c h fin d in g s , d e c is io n , o r a w a r d .
No petition for a hearing on the reasonableness of any such finding, order,
or award, nor for the rehearing or review of such findings or aw ard shall be
filed or entertained, nor shall any suit or proceeding be brought or commenced
to review any such findings, order, or award, unless such parties have agreed
to be bound by such findings, order, or award as in this section provided.
S e c . 4356. Enforcement.— The people of the State of Colorado, ex rel. the in
dustrial Commission of Colorado, as petitioners, may file in the District Court
of the city and county of Denver, or of any county in which the place of em
ployment or any part thereof is situated, a verified petition against any em
ployer or employers or any employee or employees, or both employer and em
ployees, as respondents, and setting forth any violation or threatened or at
tempted violation of any provision of section 29 [4353] or 30 [4354] of this act
and thereupon, without bond and without notice, such district court shall issue
its mandatory w rit enjoining the alleged violations, or attempted or threatened
violations of this act and ordering and requiring such respondent or respondents
to maintain all the conditions of employment in statu quo and without change
until after the dispute or controversy between said employer or employers and
said employees has been investigated and heard by said commission and the final
findings, decision, order, or aw ard of said commission made and entered
therein. Any respondent may move such court to dissolve such mandatory
w rit as to such respondent and upon at least five days’ previous notice to the
commission, such motion shall be set down for hearing, but such mandatory
w rit shall not be dissolved without proof of full compliance by such respondent
with all the provisions of this act and orders of the commission and that the
&50
T E X T ANUe A B B IM M R JfU U F L A B 0B , L A W S
continuance in effect o f such mandatory w rit is causing* o r will? eausa such)
respondent great and irreparable injury, and the court may require such se
curity of said, respondent as the court shall determine adequate to> enforce
obedience: to the provisions o f this> act on the p art of such respondent before:
such mandatory w rit shall be dissolved*
S e c . 4357. Lockouts, strikes.— Any employer declaring or causing a lockout
contrary to the provisions of this act shall be guilty of a misdemeanor,, and
upon conviction thereof shall be punished by a fine o f not. more? than $1,000 or
by imprisonment, in the county ja il tor a term of not more thaars^x months or
both such fine and imprisonment in the discretion o f the courts and! each cfey
or part of a day that such lockout exists shall constitute a separate offense
hereunder.
Any employee who goes on strike contrary to the provisions of this act shall
be guilty o f a misdemeanor and upon conviction thereof shall be* punished b y a
fine of not more than $50, or by imprisonment in the county jail: fo r a term
of not more than six months, or both such fine and imprisonment in the dis
cretion of the court, and each day or part of a day that the^ employee is on
strike'shall constitute a separate offense hereunder.
Any person who incites, encourages, or aids in any manner any employer
to declare or continue a lockout, or any employee to go or continue on strike*
contrary to the provisions of this act, shall be guilty of a misdemeanor, and
upon conviction thereof,, shall be punished by a fine of not more than one
thousand dollars ($1,000), dr by imprisonment in the county ja il fo r a term o f
not more than six months, or both such fine and imprisonment* in the discre
tion of the court
S eo . 4353. Powers of commission.-.—The commission shall have* fu ll power and
authority to hear and. determine all questions within its. jurisdiction* and its/
findings, aw ard and order issued thereon shall be final* except as in this act
provided. Any person affected by any finding, order or aw ard o f the commis
sion, may petition for a hearing on the reasonableness of any such finding,
order or aw ard- Such petition shall be verified, and shall specify the finding,
order or aw ard upon which a hearing is desired and every reason why such
finding, order or aw ard is considered unreasonable. The petitioner shall be
deemed, to have finally waived all objections to any irregularities* and illegal
ities in the finding, order or aw ard upon which a hearing is sought other than
those set forth in the petition. A ll hearings of the commission shall be open
to the public.
S e c . 4359. Hearings.— Upon the filing, with the commission* by any party in
interest, of. such petition, the commission shall fix a time for the hearing there
of, which shall not be more than forty days after the filing of such application.
The commission shall cause reasonable notice of such hearing, embracing a
general statement of such claim, to be given to each party interested, by service
o f such notice on him personally or by mailing a copy thereof to him at his
la st known post-office address at least ten days before such hearing. Such
hearing may be adjourned from time to time in the discretion o f the commis
sion, and hearings shall be held at such places a s the commission may desig
nate. Either party shall have the right to. be present at. any hearing, in per
son or by attorney, or any other agent, and to present, such testimony as may
be pertinent to the controversy before the commission, and. shall; have the right
o f cross-examination: Provided, That the commission may, with or without
notice to .either party, cause testimony to be taken, or an inspection or investi
gation to be m ade; the testimony so. taken shall be reported, to the commission,
fo r its consideration upon final hearing. A ll ex parte testimony taken by the
commission shall be. reduced to writing and either party shall have opportunity
to examine and rebut the same on final hearing. Upon such hearing, i f it shall
be found that the finding, order or aw ard complained of is unreasonable, the
commission shall substitute therefor such other finding, order or aw ard as shall
be just and reasonable, or may rescind such finding, order or award. When*
ever at the time o f the final determination upon such hearing it shall be found
that further time is reasonably necessary fo r compliance with the finding, ordeir
or aw ard o f the commission, the commission shall grant such time as. may bo
reasonably necessary fo r such compliance.
Sec . 4360. Findings .— A fte r final hearings by said commission, it shall make
and file (1 ) its findings upon ail. the facts involved in the controversy, and (2 )
its award, which shall state its determination as to the rights o f the. parties..
Fending the hearing and determination o f any controversy before it, the com
mission shall have power to make such reasonable orders concerning the sub-
COLORADO— COMPILED LAWS— 1921
251
t
Jeet matter thereof as may be necessary to give effect to the provisions of this
act. The commission, on its own motion, on three days* notice to the parties
interested, by mail or served personally, may modify or change its order, find
ing or aw ard at any time within fifteen days from the date thereof, if it shall
discover any mistake therein.
S e c . 4361. Action in court.— Any person in interest being dissatisfied with
any such finding, order or award of the commission issued or promulgated by
virtue of the authority conferred in this act, may commence an action in the
district court in and fo r the county wherein the injury w as sustained or in
the district court in and for the city and county of Denver against the com
mission as defendant to modify or vacate the same on the ground that the
same is unlawful or unreasonable. A ll actions shall have precedence over any
civil cause of a different nature pending in such court, and the district court
shall always be deemed open for the trial thereof, and the same shall
be tried and determined by the district court as other civil actions.
S e c . 4362. Procedure.— No action, proceeding or suit to set aside, vacate
or amend any finding, order, or aw ard of the commission, or to enjoin the
enforcement thereof, shall be brought unless the plaintiff shall have first ap
plied to the commission fo r a hearing thereon as provided in this act, and
unless such action, proceeding or suit shall have been commenced within sixty
days after final decision by the commission; nor shall any injunction issue,
suspending or staying any order of the commission except upon application of
the district court or a judge thereof, notice to the commission and hearing,
thereon.
In such action a copy of the complaint, which shall state the grounds upon
which a review is sought, shall be served with the summons. The commission
shall file its answer within twenty days after the service of the complaint.
W ith its answer, the commission shall make return to said court of all docu
ments and papers on file in the matter, and of all testimony which may have
been taken therein, and o f its order, finding, and award.
Such return o f
the commission when filed in the office of the clerk of the district court
shall constitute a judgment roll in such action; and it shall not be neces
sary to settle a bill of exceptions in order to make such return part of
the record o f such court in such action. Said action may thereupon be brought
on fo r hearing before said court upon such record by either party on ten
days’ notice to the other; subject, however, to the provisions of la w for a.
change of the place of trial or the calling in o f another judge.
S e c . 4363. Same.— If, upon trial of such action, it shall appear that all
issues arising in such action have not heretofore been presented to the com
mission in the petition filed as provided in this act, or that the commission
has not theretofore had an ample opportunity to hear and determine any of the
issues raised in such action, or has for any reason, not in fact heard and
determined the issues raised, the court shall, before proceeding to render judge
ment, unless the parties to such action stipulate to the contrary, transmit to
the commission a fu ll statement o f such issue or issues not adequately con
sidered, and shall stay further proceedings in such action fo r fifteen days
from the date of such transmission, and may thereafter grant such further stays
as may be necessary.
Upon the receipt of such statement, the commission shall hear and consider
the issues not theretofore heard and considered, and may alter, modify, amend
or rescind its findings, order or aw ard complained of in said action, and shall
report its action thereon to said court within ten days from the receipt of
the statement from the court fo r further hearing and consideration.
T he court shall thereupon order such amendment or other proceeding as may
be necessary to raise the issues as presented by such modification of the find
ing, order or aw ard as may have been made by the commission upon the
hearing, if any such modification has in fact been made, and shall proceed
with the trial of such action.
S e c . 4364.. Power of court.— Upon such hearing, the court may confirm or
set aside such order, but only upon one or more of the following grounds:
(1 ) That the commission acted without or in excess of its powers.
(2 ) That the finding, order or aw ard w as procured by fraud.
(3 ) That the findings of fact by the commission do not support the order
or award.
(4 ) That the aw ard does not do substantial justice to the parties.
Any action commenced in court under this section to set aside or modify any
finding, order or aw ard o f the commission shall be brought to trial within*
252
TEXT AND ABRIDGMENT OF LABOR; LAWS
! thirty days after issue shall be joined, unless continued on order o f the court
fo r good cause shown. N o continuance shall be fo r longer than thirty days
at one time.
j Upon the trial o f any such action the court shall disregard any irregu
larity or error o f the commission unless it be made to affirmatively appear
that the claimant w as damaged thereby.
The record in any case shall be transmitted to the commission within twenty
days after the order or judgment of the court, unless, in the meantime, a
w rit o f error addressed to the district court shall be obtained from the
supreme court, for the review of such order or judgment.
Upon the setting aside of any finding, order, or award, the court may
recommit the controversy and remand the record in the case to the com
mission for further hearing or proceedings; or it may enter the proper judg
ement upon the findings, as the nature o f the case shall demand. A n abstract
o f the judgment entered by the trial court upon the review of any order or
award, shall be made by the clerk thereof upon the docket o f said court, and
a transcript o f such abstract may be obtained as o f any entry upon such
docket.
S e c . 4365. Review by supreme court,— The commission or any party ag
grieved by a judgment entered upon the review of any such finding, order,
or award, may have questions of law only reviewed summarily by the supreme
court by w rit o f error, as provided by law, and said cause shall be advanced
upon the calendar o f the supreme court, and a final decision rendered within
sixty (60) days from date of issuance o f the w r it It shall not be necessary
fo r said commission or any party aggrieved by said action to execute, serve,
or file any undertaking in order to obtain such w rit of error.
S e c . 4366. Fees,— No fees shall be charged by the clerk of any court for
the performance o f any official service required by this a c t except for the
docketing o f judgments, and for certified copies of transcripts thereof.
In
proceedings to review any finding, order or award, costs as between the parties
shall be allowed, or n o t in the discretion of the court, but no costs shall be
taxed against said commission. In any action for the review o f any finding,
order or award, and upon any review thereof by the supreme court, it shall
be the d u t y of t h e district a t t o r n e y of t h e c o u n t y , wherein s a i d action is p e n d
ing, or the attorney general, if requested by the commission, to appear on
behalf of the commission, whether any other party defendant should have
appeared or to be represented in the action or not.
S e c . 4367. Failure to appear,— Any person who shall fail, refuse, or neglect
to appear and testify, or to produce books, papers, and records as required
by the subpoena duly served upon him, or as ordered by said commission,
shall be guilty of a misdemeanor and upon conviction thereof shall be fined
not more than $100, or imprisoned in the county ja il not longer than thirty
days for each day or part o f day that said person is so in default.
The district court of the county wherein such person resides or of the
city and county of Denver, or o f the county wherein said person has been
ordered to appear and testify or to produce such books, papers and records,
Upon application o f the commission or its agent may issue an order compel
ling the attendance and testimony o f witnesses and the production of books,
papers, and records before such commission or any such agent.
S e c . 4368. Violations,— [Violations of this act are punishable by a fine o f
not less than $100, or by imprisonment fo r not longer than 60 days, or both.
Violations of orders o f the commission are punishable by a fine of not less
than $100 for each day’s continued violation.]
The violation of any of the provisions of this act, including any violation
herein fixed as a misdemeanor or other crime shall in the case o f a corpora
tion be considered as and be a violation of the provisions o f said act by any
and all officers, agents and representatives of said corporation aiding, abetting,
advising, encouraging, participating, inciting or acquiescing in such violation,
and they and each and every one of them shall be individually and separately
guilty of such violation and subject to the fines, penalties, and punishments
herein provided.
S e c . 4369. Separate offenses,— Every day during which any employer or officer
or agent thereof, or any employee, shall fail to comply with any law fu l order
o f the commission or to perform any duty imposed by this act, shall constitute
a separate and distinct violation thereof.
S e c . 4370. Penalties,— A ll penalties provided fo r in this act shall be collected
in a civil action brought against the employer or employee as the case may be,
COLORADO— C O M P IL E D LAWS*— 1921
253
in the name of the commission, and all such penalties, when collected, shall
be paid into the expense fund of such commission and become a part thereof.
A ny fine herein provided shall be considered as a penalty and recovered in a
civil action as above provided, unless the violation of this act for the punish
ment of which said fine is provided, is designated as a misdemeanor or other
crime.
S e c . 4371. Enforcement— Upon request of the commission, the attorney gen
eral, or the district attorney of any district or county, shall institute and prose
cute the necessary action or proceedings fo r the enforcement of any of the
provisions of this act, or fo r the recovery of any money due to the commission,
or any penalty herein provided for, and shall defend in like manner all suits,
actions or proceedings brought against the commission. No district attorney
or any assistant, or deputy district attorney, nor the attorney general or
deputy, or assistant attorney general within this State shall appear in any
proceedings, hearing, investigation, arbitration, aw ard or compensation matter,
except as attorney fo r and on behalf of said commission, its members, and em
ployees.
S e c . 4372. False statements.— If, for the purpose of obtaining any order,
benefit or aw ard under the provisions of this act, either for himself or fo r any
other person, anyone w illfully makes a false statement or representation, he
shall be guilty of perjury and punished accordingly.
S e c . 4374. Construction.— [Provisions of the law are severable, the declared
uneonstitutionality of any part not to affect other parts.]
Inspection of steam boilers
S e c t io n s 5481-5489. Inspectors.— [T h e governor is authorized to appoint a
chief and two deputy inspectors of steam boilers, the former at a salary of
$2,500, and the latter at $1,800 each, traveling expenses additional, not to ex
ceed $1,200 per annum in each case. Annual inspections must be made of
44every stationary boiler and steam generating apparatus under pressure used
for stationary power,” including attachments and connections. A n owner con
templating insurance may notify the State inspector, whose duty it w ill then
be to have the annual inspection made at the same time as the inspection for
insurance. The inspector must also make inquiry and report as to the cause
of any boiler explosion that may occur within the State.
Owners must report boilers, and tests must show a capacity under hy
draulic pressure one-third in excess of the ordinary working steam pressure
used. A certificate showing the maximum working pressure must be granted;
or if the boiler is found to be unsafe, it must be condemned for future use.
The fee fo r inspection is $5. Penalties are fixed for failure to report boilers,
for failure to have them ready for inspection on notice, and fo r use when
condemned; also for the failure of an inspector to discharge his duty.]
Exemption of wages from garnishment
S e c t io n 5917. Amount.— [Sixty per cent of a judgment debtor’s wages or
earnings are exempt from levy under execution, etc., if the debtor is the head
of a fam ily or the w ife of the head of a family residing in the State, and the
earnings are necessary to the support of such family. I f the earnings do not
exceed $5 per week, they are entirely exempt.]
Wages as preferred claims—In assignments
S e c t io n 6270. Amount.— [W ages of servants, laborers, and employees of an
assignor, earned within the six months next preceding the date of the assign
ment, not exceeding $50 in amount, and taxes due the State or the United
States, are preferred to other debts.]
Protection of employees as voters
S e c t io n 7682. Employers, etc., not to be judges or clerks.— ♦ ♦ * N o one
who is the employer, agent, superintendent, manager or boss of a number o f
employees, of any company, corporation, or person, carrying on mining or
manufacturing, or railroad operations in any precinct, shall be appointed a
judge or clerk of election; * * *
254
TEXT? AsNB ABRIDGMENT OF LABOR LAWS
S e c . 7754. Nor watchers at polls.— * * * N o one who is the employer,;
agent, manager, superintendent o r boss -o f a number of employees o f any com
pany, corporation, or person, carrying on. mining; manufacturing or railroad
operations in such precinct, shall be appointed such-watcher, [a t a polling
place] i ♦ * *
S e c . 7880. Coercion, etc., by employers.— ♦ * * It shall be unlaw ful fo r
any employer* either corporation, association, company* firm or person, in
paying its, their or his employees the salary or wages due them,, to inclose
their pay in “ pay envelopes” upon which there is [a re ]; 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. N o r shall it be law ful 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 hand-bill, notice or placard containing any
threat, notice or information that in case any particular ticket or candidate
shall be elected, work in its, their or his place or establishment w ill cease in
whole or in part or its, their or his establishment be closed, or the wages of its,
their or. his workmen be reduced; or other threats, express or implied, intended
or calculated to influence the political opinions or actions, o f its, their or his
employees. Any person o r persons, or corporation violating any of the pro
visions of this section 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 herein
after prescribed.
S e g . 7881. Use of violence, etc,— It shall be unlawful fo r any corporation or
any officer or agent o f any corporation to influence or attempt to influence by
force, violence o r 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 o r otherwise in any manner whatever, to
induce o r compel any employee 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 at any such election. Any such corporation, o r any officer or agent of
such corporation, violating any o f the provisions o f this section, shall be
deemed guilty o f 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.
S e c . 7885. General penaltyi— * * * Any person, corporation or agent of
a corporation, guilty o f any offense herein made a misdemeanor shall, upon
conviction, be punished by a fine not exceeding one thousand dollars, or by
imprisonment in the county ja il not exceeding one year, or by both such fine
and imprisonment. * * *
S e c . 7866. Influencing vote.— Incorporated employers of help shall not, in
any manner, attempt to influence or control the action of their employees in
casting their votes for or against any person or persons, measure or measures,
at any caucus, convention, or primary election described in this act. The act
o f any boss, master workman, or one acting in authority among such employees,
with the consent of the employer, shall be construed to be the act o f such em
ployer. Any employer violating this section shall be deemed guilty o f a mis
demeanor, and fined in a sum not less than five hundred nor more than five
thousand dollars. A n y number of distinct violations o f this section occurring
at the same caucus, convention or primary election may be charged in one
indictment1 in different counts; and all tried in the same action, the ju ry
specifying the counts, i f any* on which the defendant is found guilty.
Employment of children— School attendancet
S e c t io n 8468. Attendance required.— [Attendance fo r the fu ll term of school
is required of any child under 16 years of age, unless, among other reasons, its
help is necessary fo r its own o r its parents’ support.]
S e c . 8469. Employment.— [N o child under 14 years o f age may be employed
during the school term* and while the. public schools-are in session unless the
provisions of-the foregoing section a re complied with, and a written record o f
the same kept by the employer.]
COLORADO— ACTS OF 1923
255
Ssc. 8470. Illiterates .— [Illiterates 14 to 16 years of age must attend school
at least one-half o f the day, or a night school, until able to read and write.
Employers having such minors in their employment must exact compliance to
this provision of the law .]
S e c . 8480. Employment during school hours.— [Employment of any child
under 14 years of age during school hours is forbidden unless he has attended
school 12 weeks during the year.]
N ote.— Employment of children under 14 during school hours is entirely forbidden by
the later enacted law of 1011 as against 1800, set forth in sec. 4208.
A C T S O F 1923
C h a p t e r 144.— Payment of wages hy mine lessees
S e c t io n s 1-3. Bond required when.— [Lessees of lands for coal mining who
fa il to meet their semimonthly pay roll as provided by law (see. 4226) are
required to give bond to protect their employees. This bond runs to the com
missioner of labor, and is conditioned to require prompt payment o f all wages
law fully due. The amount is $1,000 fo r each unit of 10 men or less employed,
but need not exceed $5,000. Employees may bring action directly against the
principal and surety. Violations are punishable by fine, $50 to $500.]
CONNECTICUT
G E N E R A L S T A T U T E S — 1918
Protection of employees as voters
S e c t io n 650. Coercion, etc., by employers.— E very person who shall, at or
within sixty days prior to any electors’, town, city, borough, or school meeting,
attempt to influence the vote o f any operative in his employ by threats of with
holding employment from him or by promises o f employment or who shall
dismiss any operative from his employment on account of any vote he may have
given at any such meeting, shall be fined not less than one hundred dollars nor
more than five hundred dollars or imprisoned not less than six months nor
more than twelve months, or both.
Employment of children— School attendance
S e c t io n 835. Attendance required .— [Children under 16 must attend school
unless 14 years of age and law fully employed.]
S e c . 840. Employment under H . — [Persons employing or permitting the em
ployment on their premises o f children under 14 years of age during school
hours shall be fined $20 for each week o f violation.]
Sec . 842. Enforcement.— [School visitors or the town school committee must
inspect all manufacturing establishments one or more times per year to ascer
tain the facts as to the observance of this la w .]
S e c . 870. Illiterates.— [Children under 16 years of age who can not read and
write may not be employed in any town where a public evening school is kept
without a certificate showing 18 nights’ attendance each month.]
Railroads—Bridges over tracks
S e c t io n 1412. Height.— [B ridges over railroad tracks must give a clearance
o f 18 feet unless the public utilities commission prescribe a less height in
writing.]
C h a p t e r 333.— Bribery , etc., of employees making purchases
S e c t io n 1547. Acts forbidden.— N o person having charge of a motor vehicle
fo r the owner thereof shall receive, directly or indirectly, any consideration fo r
the purchase of supplies or parts fo r such motor vehicle, or fo r work per
formed thereon by others; and no person furnishing such supplies, parts, or
work shall in connection therewith, give or offer to give such person having
charge o f such motor vehicle, directly or indirectly any valuable consideration.
Department of labor and factory inspection
S e c t io n 2212 (a s amended 1921, ch. 366). Salary.— * * ♦ There shall be
paid * * * to the commissioner of labor and factory inspection, three
thousand dollars, and the necessary postage, stationery, office expenses, and
the traveling expenses of the commissioner and his assistants; and to all
other employees o f said department such sums as shall be fixed, by the
commissioner o f said department, subject to the approval of the board of
control, together with all necessary "expenses incident to the performance of
the duties o f the office to be paid upon proper vouchers o f such employees,
signed by the commissioner.
S e c . 2318. Department continued.— There shall continue to be a department
of labor and factory inspection in which shall be consolidated the functions,
prerogatives, powers, and duties of the bureau of labor statistics and of the
department of factory inspection. The department of labor and factory inspec
tion shall be under the direction and control o f a commissioner of labor and
factory inspection.
S e c . 2319. Appointment of commissioner.— The governor, on or before the
first day of M ay in 1919, and quadrennially thereafter, shall appoint, with the
advice and consent o f the senate, a commissioner o f labor and factory inspec-
256
C O N N E C T IC U T — G E N E R A L S T A T U T E S — 1918
25 7
tion to serve fo r four years from the first day o f July next succeeding his
appointment.
S e c ; 2320. Deputies, etc.— The commissioner of labor and factory inspection
may appoint to and remove from office such deputies, assistants, or employees
in the conduct of his office as are authorized and provided for the bureau of
labor statistics and fo r the department of factory inspection.
S e c . 2321. Railroad roundhouses.— The commissioner of labor and factory
inspection, or his deputy, shall examine the lighting and sanitary conditions
of railroad roundhouses.
S e c . 2322. Bureau of labor statistics.— There shall be a bureau of labor
statistics under the management of the commissioner o f labor and factory
inspection.
S e c . 2323. Rooms.— The comptroller shall provide suitable rooms in the
capitol for the labor bureau. The commissioner of labor and factory inspec
tion may appoint or remove from office a deputy commissioner of the labor
bureau to serve under the commissioner of labor and factory inspection in the
labor bureau.
S e c . 2324 (a s amended, 1921, ch. 185). Data .— The commissioner of labor and
factory inspection shall collect information upon the subject of labor, its rela
tion to capital, the hours of labor, the earnings of laboring men and women,
and the means of promoting their material, social, intellectual, and moral pros
perity ; but for this purpose persons shall not be required to leave the vicinity
of their residences or places of business.
S e c . 2325. Reports.— The commissioner shall annually report to the governor
all the statistical details relating to this department.
S e c . 2326. Agents.— The commissioner may employ special agents to assist
him in his investigations who shall receive compensation for the time actually
employed in such service.
S e c . 2327. Investigations.— The commissioner is authorized to investigate the
wages, hours of employment, necessary expense of living and health so fa r as
affected by their employment, o f wage-earning women and girls in stores.,
wholesale and retail, public utilities, photographic, undertaking, millinery and
dressmakers’ establishments, hotels, restaurants, laundries, hairdressing and
barber shops, domestic service, and tenement-house work. Said investigation
shall be conducted under the supervision of said commissioner by a woman
specially trained for this work and selected by him. Other employees of said
bureau may be detailed to assist in the prosecution of such investigation. Said
commissioner shall have power to demand from those possessed o f it such
information as is pertinent to the investigation herein authorized, and any
person who refuses to furnish the information so demanded, within a reason
able time, shall be fined not more than one hundred dollars. Each week
during which any person refuses to furnish the information aforesaid after a
reasonable time has elapsed shall be a separate offense.
S e c . 2328. Alien laborers.— The commissioner may appoint competent persons;
fam iliar with the language of alien laborers, as special agents of the bureau,
who shall inform said laborers, either personally or through printed matter
in their language, as to their right of contract under the law s of the State,
and prevent illegal advantage being taken of said laborers by reason of their
ignorance, credulity or want of knowledge of the English language. The ap
pointment of such agents shall not be permanent but simply to meet the
exigencies of each case as presented to the commissioner, and they shall be
paid the same compensation as is paid other agents o f the bureau. The total
expense in any one year shall not exceed three hundred dollars. Every person
who shall obtain or receive money due laborers ignorant of the English
language, and shall retain any part thereof for his own use, without giving
adequate consideration therefor, shall be fined not more than one hundred dol
lars or imprisonment not more than one year or both.
Free public employment offices
Section 2329. Status; organization.— The public employment bureaus in N ew
Haven, Hartford, Bridgeport, Norwich, and W aterbury shall remain as
established. No compensation or fee shall be charged or received, directly or
indirectly, from persons applying for employment or help through any such
bureau. The commissioner of labor and factory inspection shall appoint for
each bureau, and may remove for good and sufficient cause, a superintendent
fo r the proper administration of its affairs. Such public employment bureaus
• shall be a department of the bureau of labor statistics.
105446°— 25------17
258
TEXT AND ABRIDGMENT OF LABOR LAWS
S e c . 2330. Branch offices.— The commmissioner may establish and conduct
branch public employment bureaus under the direction and control of the five
established bureaus. Such branches may be established and conducted in any
city within the State and shall be managed by the nearest bureau: Provided ,
In no case shall such a branch be established unless it can be conducted by
the bureau taking charge thereof within the appropriation made for such
bureau.
Private employment offices
S e c t io n s 2331, 2332. Scope.— [Agencies fo r teachers exclusively are not
covered by this law. It is applicable generally to persons, etc., charging fees
for procuring employment.]
S e c . 2333. License.— [N o agency may be operated without a license issued
by the commissioner o f labor and factory inspection on payment of an annual
fee of $25. Licenses designate names and location, which latter must be ap
proved as suitable.]
S e c . 2334. Bond.— [A bond of $500 is required, conditioned on observance of
the law .]
S e c . 2335. Registers.— [Registers must be kept of applicants for work and
for help, the same to be open to inspection by the commissioner and his agents.]
S e c . 2336. Fees, receipts, etc.— [Fees may not exceed 10 per cent of the first
month’s wages. Receipts must be given for all fees received, showing date,
amount and nature of employment; also a separate statement giving name
and address of the employer to whom sent I f the employment is not obtained
or accepted, the fu ll amount of the fee shall, on demand, be returned.
This law is to be posted in the agency, and no sign similar to that of the
free public agencies is allowed.]
S e c . 2337. Acts forbidden.— [Sending females to places of bad repute o r
immoral resort is forbidden; also false advertising or the making of false
entries or false promises. Violations are punishable by a fine not exceed
ing $100.]
Factory , etc., regulations
S e c t io n 2338. Department o f inspection.— There shall be a department of
factory inspection under the management of the commissioner of labor and
factory inspection.
S e c . 2339. Deputy commissioner.— The commissioner of labor and factory
inspection may appoint or remove from office a deputy commissioner of fac
tory inspection to serve under the commissioner in the department o f factory
inspection.
S e c . 2340. Inspection.— The commissioner shall, by himself or a representa
tive, as often as practicable, examine all buildings and places where machinery
is used and may enter such buildings and places at all proper times fo r the
purposes of inspection. H e shall, on or before the first of December in each
year, make a report to the governor of the condition, as respects safety to life
and health, of the factories, buildings, and places visited.
S e c . 2341. Elevators.— N o elevator shall be installed and operated in any
factory, mercantile establishment, store house, work house, dwelling or other
buildings until five days after the owner o r his representative has mailed
notice to the department o f labor and factory inspection that the same is
ready for inspection. A ny person violating any provision o f this section shall
be fined not more than fifty dollars fo r the first offense, and fo r the second
offense shall be fined not more than one hundred dollars or imprisoned not more
than six months or both. The provisions of this section shall not prevent the
operation o f any elevator installed fo r temporary use in connection with build
ing operations nor with the operation o f any elevator for purposes connected
with the installation or the testing of the same.
S e c . 2342. Duties of department.— The commissioner shall examine all ele
vators, whether in factories, mercantile establishments, storehouses, workhouses, dwellings or other buildings, and may order hoistways, hatchways,
elevator wells and wellholes to be protected by trapdoors, self-closing hatches,
safety catches or such other safeguards as w ill insure the safety of all persons
therein. Due diligence shall be used to keep such trapdoors closed at all times,
except when in actual use by an occupant of the building having the use and
control of the same. A ll elevator cabs or cars, whether used for freight or
passengers, shall be provided with some suitable mechanical device, if consid-
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