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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 RAILROADS 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. RAILROADS 75 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 76 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.) RAILROADS 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.) RAILROADS 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.) 80 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. 104 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. 106 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. 150 TEXT A N D 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. 154 TEXT A N D 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. 170 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 202 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. 204 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 I 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- http://fraser.stlouisfed.org/ Federal Reserve B